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06.19.2013
BY: LAURA D. WINDSOR & REBA MENDOZA
On May 16, 2013, the Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against Founders Pavilion, Inc., a New York nursing house, for violations under Title II of the Genetic Information Nondiscrimination...
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06.18.2013
BY: JAHNA M. HARTWIG
A recent proposed rule may, if ultimately adopted, remove certain export controls that are currently imposed on some university research. On Friday, May 24, the U.S. State Department’s Directorate of Defense Trade Controls (“DDTC”)...
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06.18.2013
BY: M. KEITH KAPP & JENNIFER A. MORGAN
North Carolina Governor Pat McCrory signed the growler legislation into law on 12 June 2013, and the law is now in effect. As a result, businesses holding on-premises malt beverage permits, off-premises malt...
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06.18.2013
BY: ERIC S. BERMAN
The U.S. Supreme Court has issued one of its more anticipated rulings of this term in a decision that aims squarely at the intersection of antitrust and intellectual property law. In its 5-3 opinion in Federal Trade Commission v. Actavis,...
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06.14.2013
BY: STEPHANIE LIPINSKI GALLAND & KYLE H. WINGFIELDVIRGINIATAX INCREASES (EFFECTIVE JULY 1, 2013)State-Wide
Gasoline tax of $0.175 per gallon eliminated.
New 3.5% wholesale tax on gasoline (6% on diesel fuels) implemented.
Sales and use tax...
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06.12.2013
BY: BRYDON M. DEWITT
Beginning in 2014, employers that do not offer adequate health coverage to full time employees may face penalties under the Patient Protection and Affordable Care Act (the “ACA”). “Applicable large employers” that do not offer health...
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06.12.2013
BY: CHARLES B. NEELY, JR., NANCY S. RENDLEMAN, AND ROBERT W. SHAW
For several months, the North Carolina Senate and House have considered competing tax reform proposals. On Monday, June 10, the House passed HB 998 on its third reading and sent it to the...
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06.11.2013
BY: ROBERT K. COX
Contractors and property owners undertaking construction projects in Virginia should take note that the Virginia Legislature has amended the Virginia Mechanic’s Lien Statute, effective July 1, 2013.
In sum, the Legislature has added a new...
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06.07.2013
BY: ELIZABETH MASON HORSLEY
The Supreme Court has ruled that if a former spouse is the named beneficiary of life insurance benefits under FEGLIA, the former spouse receives the proceeds. Hillman v. Maretta, No. 11-1221 (June 3, 2013). The Supreme Court...
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06.03.2013
BY: MARY PIVEC & IGOR M. BABICHENKO
On May 15, 2013, the Occupational Safety and Health Administration (“OSHA”) ordered the reinstatement of an engineer who claimed that he was terminated after reporting hazardous conditions at a nuclear power plant. In...
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05.31.2013
BY: GILBERT "GIB" C. LAITE, III & DAVID R. DORTON
In the Matter of the Foreclosure of a Deed of Trust executed by Tonya R. Bass, No. 554PA11 (N.C. 3-8-13). In this foreclosure action, the debtor challenged whether the foreclosing bank was the holder of...
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05.31.2013
BY: LAURA D. WINDSOR
The U.S. Equal Employment Opportunity Commission (“EEOC”), the federal agency responsible for the enforcement of federal laws prohibiting discrimination in the workplace, recently approved its 2013-2016 Strategic Enforcement Plan (“SEP...
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05.31.2013
BY: BRENDAN D. O'TOOLE & WILLIAM L. STAUFFER, JR.
On February 5, 2013, the Third Circuit ruled that a lawsuit seeking rescission filed more than three years after loan consummation is timely so long as the borrower has sent a written notice of rescission...
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05.31.2013
BY: GILBERT "GIB" C. LAITE, III & DAVID R. DORTON
In Falk v. Fannie Mae, No. CDA 12-764 (March 5, 2013), the North Carolina Court of Appeals addressed several issues relating to the relative lien priority of two deeds of trust encumbering a Guilford...
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05.31.2013
BY: JAMIE WATKINS BRUNO
Article 9 of the Uniform Commercial Code (“UCC”) deals with secured transactions in which a creditor takes a security interest in a debtor’s personal property or fixtures. In 1998, Article 9 underwent major revision; these sweeping...
