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

New Rules for Small Businesses Deducting Repairs

Almost all businesses incur expenses for tangible property, whether they buy it, produce it or build it, or simply repair and maintain it. Deciding whether these expenditures may be deducted when incurred or must be capitalized…more
| Commercial Law & Contracts, Taxation

Supreme Court Considers Impact of TTAB "Likelihood of Confusion" Finding on Trademark Infringement Litigation

On December 2, 2014, the United States Supreme Court heard oral argument in B&B Hardware, Inc. v. Hargis Industries, Inc.. The question before the Supreme Court is how much deference, if any, a federal district court hearing a…more
| Administrative Law, Intellectual Property, Science, Computers, & Technology

U.S. Supreme Court Describes “Ordinary Principles of Contract Law”

In a contract governed by federal law, does “The End” really mean “The End”? Some federal courts have said “no,” but the U.S. Supreme Court has just said “yes.” Most contract cases in federal court involve the application…more
| Commercial Law & Contracts, Insurance, Labor & Employment Law

U.S. Supreme Court Describes “Ordinary Principles of Contract Law”

In a contract governed by federal law, does “The End” really mean “The End”? Some federal courts have said “no,” but the U.S. Supreme Court has just said “yes.” …more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking

SEC Proposes New Rule Requiring Disclosure of Equity Hedging Policies

On February 9, 2015, the U.S. Securities and Exchange Commission (SEC) proposed a long-awaited rule under the Dodd-Frank Wall Street Reform and Consumer Protection Act that would require public companies to disclose certain…more
| Business Organizations, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law

Cybersecurity Insurance – One Size Does Not Fit All

With headlines of data breach incidents becoming a weekly, if not daily occurrence, it’s not surprising that many companies are considering whether they should purchase cybersecurity insurance, if they haven’t already. The need…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Insurance, Science, Computers, & Technology

Medicare Moves Strongly to Value Based Payment...A Tipping Point?

Over the last several years, doctors and other health-care professionals have worked to transform accountable care organizations (ACOs) from an academic idea into a meaningful presence in the health-care marketplace. Last week,…more
| Health

The Prospect of a Federal Trade Secret Claim

Trade secrets constitute the only category of intellectual property that is governed primarily by state law. This status may soon change—two bills, House Bill 5233 and Senate Bill 2267 were introduced in Congress last term to…more
| Civil Procedure, Conflict of Laws, Intellectual Property

“Frivolous” Merger Litigation Settlement Rejected by the Court

In an opinion that could help remedy the problem of baseless merger litigation, a court applying North Carolina law recently refused to approve a class action settlement because the underlying lawsuit was without merit…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business Torts, Securities Law

The Fraudulent Joinder Doctrine...It’s Not Just For Fraud Or Joinder

In Weidman v. ExxonMobil Corporation, et al., No. 13-2007 (4th Cir., January 8, 2015), the Fourth Circuit confirmed that the “fraudulent joinder” doctrine requires neither an allegation of fraud nor a situation involving a…more
| Civil Procedure, Labor & Employment Law, Personal Injury, Health, Science, Computers, & Technology

The Federal False Claims Act...Liability Even When There Is No Government Reliance

In its recent opinion, United States v. Triple Canopy, Inc., Nos. 13-2190, 13-2191 (4th Cir., January 8, 2015), the Fourth Circuit emphasized that the Federal False Claims Act (FCA) is a “strong remedy,” designed to target all…more
| Military Law, Government Contracting

February 2, 2015 Deadlines for Reporting 2014 ISO Exercises and ESPP Transfers

Employers should be sure they are ready to comply with the fast-approaching deadlines for reporting 2014 incentive stock option (ISO) exercises and certain employee stock purchase plan (ESPP) transfers under Section 6039 of the…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law, Taxation

Contrary to Popular Opinion, North Carolina Courts Will Enforce Non-Competes

Employers regularly report that they are not convinced of the utility of non-compete agreements because “courts don’t enforce them.” Their distrust is well-earned because judicial opinions often state that non-compete…more
| Civil Remedies, Commercial Law & Contracts, International Law & Trade

New HSR Reporting Thresholds Announced for 2015

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) requires parties to transactions meeting certain size thresholds to make notification filings with the Federal Trade Commission and the Antitrust Division of the…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Mergers & Acquisitions, Securities Law

First Reg A Issuer to Complete State Review Process Would Do It Again

This Growth Capital Investor article references Smith Anderson attorneys Benji Jones and Merrill Mason. A company that focuses on micro-lending for independent builders in real estate is now the first Reg A issuer to…more
| Commercial Law & Contracts, Construction Law, Finance & Banking, Securities Law
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Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
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  • Bankruptcy
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Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys

100+ Attorneys

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