In general, courts—not the legislative or executive branches of government—interpret the law. But since 1984, the Supreme Court required federal courts to disregard their own interpretation of ambiguous federal statutes....more
8/7/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Education ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statutory Interpretation
Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more
Last month, the North Carolina Court of Appeals issued its opinion in the case of Alexander v. Burkey, 894 S.E.2d 291 (2023). The Court of Appeals' opinion upheld the ability of condominium associations to determine in their...more
It’s no secret that judges in North Carolina’s state and federal appellate courts don’t reach for printed briefs much anymore (the Chief Judge of the Fourth Circuit, Albert Diaz, has said that he and his colleagues routinely...more
Recently, my colleagues Whitney Campbell Christensen and Trafton Dinwiddie wrote about our State's newest proposed budget. As an appellate attorney, there were two portions of the state's budget that I found most intriguing,...more
Trials happen fast. Trial counsel are rightly preoccupied with preparing to give opening statements or closing arguments, preparing to examine or cross-examine witnesses, or simply keeping track of admitted exhibits....more
You don't need us to tell you that trials are increasingly rare.
So when heading to trial, trial counsel must know their client's story and must be prepared to tell that story to the trier of fact—a feat that requires...more
We recently provided timely updates on new tax provisions, electronic discovery, lobbying issues, and ADA compliance during Ward and Smith's 2021 Virtual In-House Counsel Webinar.
The following article highlights...more
1/27/2022
/ Accessibility Rules ,
Americans with Disabilities Act (ADA) ,
Capital Gains Tax ,
Corporate Taxes ,
e-Discovery Professionals ,
Electronically Stored Information ,
Employer Liability Issues ,
Income Taxes ,
Lobbying ,
Lobbying Disclosure Act ,
Political Contributions ,
SALT ,
Tax Liability ,
Tax Planning
Robert F. Kennedy, Jr. observed that democracy is messy and hard.
The serial legal battle over COVID-19 and what the federal government can and should make employers do about it illustrates the point. ...more
Litigation usually proceeds at a maddeningly glacial pace. Not this time.
The Past - The Occupational Safety and Health Administration's ("OSHA") well-publicized and controversial Emergency Temporary Standard ("ETS") was...more
11/17/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Masks ,
OSHA ,
Preliminary Injunctions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Appellate practice can be challenging -
In complicated cases, it's made all the more challenging by the word limits often imposed by the pertinent rules of procedure. For example, in the North Carolina Court of Appeals,...more
Business transactions come with the risk that litigation may arise at some point in the life of the parties' dealings.
Transactions involving hemp—whether pertaining to its growth, production, or sale—are not immune. In...more
12/16/2020
/ Agribusiness ,
Breach of Contract ,
Contract Terms ,
Express Warranty ,
Forum Selection ,
Hemp ,
Hemp Related Businesses ,
Implied Warranties ,
Negligent Misrepresentation ,
Personal Jurisdiction ,
Unfair or Deceptive Trade Practices ,
Uniform Commercial Code (UCC) ,
Venue
Products containing hemp-derived cannabidiol ("CBD") have become incredibly popular in the United States, with new product brands entering the market seemingly every day.
Consumer demand and public interest in those products...more
12/11/2019
/ Advertising ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
Enforcement Actions ,
FDA Warning Letters ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Health Claims ,
Hemp ,
Marijuana Related Businesses ,
Marketing ,
Popular
Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear.
A Notice of Appeal must "designate the judgment or order from which appeal is taken." But what might seem clear on its face isn't always so...more
Electronic discovery ("e-discovery") isn't the most popular legal topic out there.
Even so, as the law becomes more technology-driven, e-discovery is quickly becoming a key tool in the sophisticated litigator's belt. This...more