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Wills, Trusts & Estates Prof Blog

‘Can Let me Down One Last Time…’

By Gerry W. Beyer
October 12, 2018

Lee Markel, 88, was known to be a devout fan and lifelong season ticket owner of the NFL’s Buffalo Bills, even though he later moved to Raleigh, North Carolina. According to his son Mark, Lee never lost hope of his…

Best Trademark Blog

How can a Business Provide a Description of What it is Selling While Having a Unique Brand?

By Emily Haas
October 4, 2018
cropped-best_trademark_blog-favicon.png

“There’s been a dust up in town,” my mother told me on my last trip home. A local restaurant had started getting calls for reservations and customers wandering in looking for their newly formed competition. The customers were confused, as…

North Carolina Appellate Practice Blog

Appellate Social & CLE–Sept. 27 and 28

By Matthew Nis Leerberg
September 26, 2018
Football Excitement
Fans excited at a football game, selective focus on fan with fists raised. Taken with Canon 5d mark II

It’s fall, and you know what that means.  Football!  Oops, I mean, The Annual NCBA Appellate Section CLE!

There are lots of ways to get plugged in to the appellate community this week:

Appellate Social.  Bench and bar alike are…

North Carolina Appellate Practice Blog

Appellate Candidates Forum–August 16 in Raleigh

By Matthew Nis Leerberg
August 9, 2018
Hummus

Most election years, the candidates for open seats on the Supreme Court of North Carolina and Court of Appeals participate in a lively forum at the Bar Association’s annual meeting.  It didn’t happen this year, in part because the filing period…

Rocky Mountain Sign Law Blog

Religious Pregnancy Counseling Organization Barely Survives Summary Judgment on Religious Land Use Claim

By Andrew L.W. Peters
August 9, 2018

Although this blog often focuses on the First Amendment’s Free Speech clause, we occasionally wander into the First Amendment cases involving religious exercise as well.  A Hand of Hope Pregnancy Resource Center v. City of Raleigh, emerged from Raleigh’s determination…

Law on Purpose

Denial of Conservation Easement Deduction: Right Result, Puzzling Analysis

By Misti Schmidt & Heather Webb
April 30, 2018

Earlier this month, the U.S. Tax Court handed down an oddly reasoned memo opinion rejecting a North Carolina developer’s conservation easement deduction in Wendell Falls Development, LLC v. Commissioner, T.C. Memo 2018-45 (April 4, 2018).

Practitioners in this field…

North Carolina Appellate Practice Blog

NC Appellate Courts Launch Appellate Pro Bono Program

By Matthew Nis Leerberg
March 8, 2018
Man is giving helping hand. Silhouettes of people climbing on mountain at sunset.
Man is giving helping hand. Silhouettes of people climbing on mountain at sunset.

Big news:  Both the North Carolina Supreme Court and Court of Appeals have voted to approve an appellate pro bono program that has been in the works for many months.  The initial training session for volunteers will be held April…

North Carolina Appellate Practice Blog

Using Standards of Review to Prevail on Appeal

By Patrick M. Kane
February 27, 2017
Pile of colorful magazines
Pile of colorful magazines

SML Appellate Practice Group members Andrea Cataland (Atlanta) and Kip Nelson (Raleigh/Greensboro), recently had an informative article featured in the latest issue of DRI’s For the Defense.  Andrea and Kip discuss the standards of review that must be applied by appellate courts…

Data Privacy + Cybersecurity Insider

Raleigh Orthopedic Clinic settles with OCR for $750,000 for lack of business associate agreement

By Linn Foster Freedman
April 28, 2016

Consistent with the settlement the OCR agreed to with North Memorial Health Care of Minnesota, [view related post] the Office for Civil Rights has settled its investigation of Raleigh Orthopaedic Clinic, P.A. (Raleigh Orthopaedic) for $750,000. The OCR alleged…

Environmental Law & Policy Monitor

Partner Sean Sullivan Presents at the North Carolina Chamber’s 2016 Environmental Compliance Conference

By Environmental Law and Policy Monitor
February 1, 2016

Sean Sullivan, an Environmental and Natural Resources Partner in Raleigh, NC, was part of the presenting faculty for the 2016 North Carolina Chamber’s 2016 Environmental Compliance Conference in Durham, NC on January 28th, 2016. Sean discussed Environmental Health and Safety Programs, including…

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