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Commentary

Nov 22, 2023

Name game can end up being blame game 

By Mark McGrath  What’s in a name? When Juliet queried whether a rose would smell as sweet if called by another name, she captured the notion that names are artificial and arbitrary constructs bearing little if any relevance to the essence of the thing so named.   If things were only as logical in North Carolina […]

Nov 22, 2023

Stericycle decision forces evaluation of policies, practices 

By Jessi Thaller-Moran and Erin Barker  The National Labor Relations Board, the federal agency charged with protecting employee rights under the National Labor Relations Act, recently issued a decision that has employers in the Carolinas and across the country taking a closer look at their workplace policies and practices.   In a case involving Stericycle Inc., […]

Nov 21, 2023

Are workplace DEI policies still legal after SCOTUS decisions? 

By Cara Crotty and Robin Shea  This summer, the U.S. Supreme Court ruled that the use of race in college admissions violated the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964 (Students for Fair Admissions Inc. v. President & Fellows of Harvard and Students for Fair Admissions Inc. v. University of […]

Oct 26, 2023

N.C. justices to decide many interesting cases 

By Troy Shelton   It’s not easy keeping up with the cases at the North Carolina Supreme Court. Often, important opinions are issued before most lawyers even learn the questions are pending before the court.   I’ve done the dirty work of finding some of those interesting pending cases at the court. Here’s what we can expect […]

Sep 19, 2023

Amotion sees resurgence after almost a decade 

Amotion — the process where elected officials can be removed from office before voters get a say — is exceedingly rare, and rightly so. While amotion has been recognized as a valid part of the democratic process in North Carolina since at least the 1800s, it “should be limited to extraordinary circumstances, for setting aside […]

Aug 21, 2023

The flip side of generative AI in law and how to address it 

By Anup Iyer  Generative artificial intelligence, known as AI, despite its immense promise, isn’t without its challenges in the realm of law.   Many legal professionals voice concerns about over-dependence on technology. If we lean too heavily on generative AI, do we run the risk of letting our legal acumen rust over time? Then there’s the […]

Aug 17, 2023

The fight for equal educational opportunity continues 

By Taylor Dumpson  The U.S. Supreme Court’s decision in Students for Fair Admissions v. University of North Carolina and the sister case against Harvard College has shaken the foundation of higher education admissions law and threatens to impair access to opportunity for many highly qualified Black and Brown students. But it doesn’t have to be […]

Aug 16, 2023

Court’s term was rough on big business 

By Troy Shelton   For a while now, the U.S. Supreme Court has been considered the friend of big business.   Sometimes that characterization holds true. But other times, like in this just completed term, big business was a big loser.  The biggest loss didn’t involve any businesses as parties. Nonetheless, in the Students for Fair Admissions […]

Aug 2, 2023

Ex-president, bar association have made their choice 

By Michael F. Roessler  Nothing disappoints like the cowardice of fair-weather friends.  In 2021, the North Carolina Bar Association touted its queer-friendly bona fides when it formed the Sexual Orientation and Gender Identity (SOGI) Committee, which pledged to work “to secure full equality for members of the LGBTQ+ community in the NCBA, the legal profession, […]

Aug 1, 2023

Ruling sharpens boundaries in attorney-client privilege 

By Kate Gordon Maynard  The North Carolina Supreme Court’s recent opinion in Howard v. IOMAXIS LLC (2023 WL 4037483 (June 16, 2023)), provides valuable guidance to in-house and outside counsel regarding the attorney-client privilege when communicating with corporate officers and employees, as well as the attorney-client privilege in joint representations.  Support for Bevill doctrine  An [&he[...]

Jul 26, 2023

Lawyers Weekly debuts new and improved web experience  

In recognition of the ever-growing importance of delivering news in the most engaging way, we are delighted to announce the launch of the new and improved nclawyersweekly.com. Our team has been hard at work over the past few months to create a more engaging, user-friendly, and informative platform for our readers.   One of the most […]

Jul 25, 2023

US Supreme Court bites back at parody’s use of the First Amendment 

By David Sar  “This case is about dog toys and whiskey, two items seldom appearing in the same sentence.”   So began the U.S. Supreme Court’s only trademark decision of the 2022-23 term, Jack Daniel’s Properties Inc. v. VIP Products LLC (June 8, 2023).   Parody, trademarks and the First Amendment also were at issue. In a […]

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