Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P.

150 Fayetteville Street Suite 2300
Raleigh, North Carolina 27601, United States

  • 919-821-1220
  • 919-821-6800

SEC Commissioner Gives Corporate Boards a Cybersecurity Wake-up Call

“Given the significant cyber-attacks that are occurring with disturbing frequency, and the mounting evidence that companies of all shapes and sizes are increasingly under a constant threat of potentially disastrous…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology, Securities Law

Anatomy of an Independent Primary Care ACO – Part II

Our Secret Weapon and Our Biggest Disappointment - In our last column, we highlighted the Rio Grande Valley Health Alliance, an accountable care organization in McAllen, Tex., composed of 14 independent primary care…more
| Business Organizations, Health

Anatomy of an Independent Primary Care ACO, Part I

While concepts and theories can go a long way, sometimes the best way to understand something is through a concrete example. So, from time to time, ACO Insider will check in on a new accountable care organization composed of 14…more
| Business Organizations, Health

Guidance Provides Path Forward for Accredited Investor Verification

As mandated by Congress in Section 201(a) of the Jumpstart Our Business Startups Act, in July 2013 the Securities and Exchange Commission (SEC) amended Rule 506 under Regulation D of the Securities Act of 1933, creating a new…more
| Commercial Law & Contracts, Communications & Media Law, Finance & Banking, Securities Law

Five Steps to Becoming a Primary Care Leader

With ever more data demonstrating that patient-centered medical homes are the core of successful Accountable Care Organizations (ACO), it’s becoming clear that primary care physicians can have a meaningful role in the…more
| Business Organizations, Health

The North Carolina General Assembly Nears Passage of Significant Legislation Affecting Business

The North Carolina General Assembly is working on significant legislation affecting the state’s business legal climate. The Legislature is one vote away from adopting Senate Bill 853 (SB 853)[1], which is intended to improve the…more
| Bankruptcy, Civil Procedure, Commercial Law & Contracts, Mergers & Acquisitions, Intellectual Property

eTrends - Proposed Rule Would Revise FMLA’s Definition of “Spouse”

The United States Department of Labor (“DOL”) has proposed a rule to revise the definition of “spouse” under the Family and Medical Leave Act of 1993 (“FMLA”) to afford same-sex married couples the same rights as heterosexual…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Family Law

What Do Intrastate Crowdfunding and Peep Shows Have in Common?

As a corporate lawyer, I hate subjective standards. Give me a yes or no answer, a bright-line test, a set of rules to follow—anything to help me advise my client on how to get the deal done with as little risk as possible…more
| Civil Procedure, Communications & Media Law, Finance & Banking, Securities Law

eTrends – Summer Interns may be Entitled to Wage and Hour Protection

Employers who use summer interns should be aware that interns may be entitled to certain protections under the labor laws. Generally, interns are considered to be employees entitled to minimum wage and overtime protections. This…more
| Labor & Employment Law

Massachusetts May Go Boldly...Where Only California and North Dakota Have Gone Before

Taking the position that noncompetition prohibitions in employment agreements stifle innovation, Governor Deval Patrick of Massachusetts has introduced legislation, titled “The Growth and Opportunity Act of 2014,” that would…more
| Commercial Law & Contracts, Labor & Employment Law

Recent Developments for Intrastate Crowdfunding and Social Media Use

In June 2013, the N.C. House of Representatives approved HB 680, the Jumpstart Our Business Startups Act (NC JOBS Act) by an overwhelming bipartisan vote of 103-1. Designed to utilize the “intrastate offering” exemption found in…more
| Communications & Media Law, Finance & Banking, Securities Law

eTrends – Fourth Circuit Adopts Negligence Standard for Third-Party Harassment Claims

When is an employer liable for workplace harassment of its employees by a customer, vendor or other third-party? In Freeman v. Dal-Tile Corp., decided on April 29, 2014, the United States Court of Appeals for the Fourth Circuit…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Anti-Patent Troll Legislation Moves Forward in North Carolina

Just over a week into the new session of the North Carolina General Assembly, legislation aimed at the abusive assertion of patent infringement claims by “patent trolls” may be gaining traction, with a bill apparently headed to…more
| Civil Procedure, Commercial Law & Contracts, Elections & Politics, Intellectual Property, Science, Computers, & Technology

Federal Court Report - Fourth Circuit Clarifies Pleading Standards and (Again) Rejects Affidavits that Contradict a Party’s Deposition

In Stevenson v. City of Seat Pleasant, Maryland, No. 12-2047 (4th Cir. Feb. 21, 2014), the Fourth Circuit spent some time cleaning up a rather messy case involving the alleged use of excessive force by members of a police…more
| Civil Procedure, Personal Injury

Fourth Circuit Affirms Dismissal of Securities Claim Alleging Accounting Fraud

If you thought it was difficult to make a federal securities fraud claim stick in the Fourth Circuit, the court has now raised the bar even higher. The Fourth Circuit recently affirmed a trial court’s dismissal of securities…more
| Civil Procedure, Finance & Banking, Business Torts, Securities Law
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