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Commentary

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 22, 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 […]

Nov 1, 2023

Court cases add new twists to legal language 

By Ken Bresler   The Commerce Clause is right there in the U.S. Constitution, authorizing Congress “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”   The dormant Commerce Clause does not appear in the Constitution but is implied. And now Justice Neil M. Gorsuch has devised the phrase “the […]

Oct 30, 2023

It’s all business, especially the busyness 

By Spencer Farris  I have been self-employed — or as I call it, unemployed with overhead — for a couple of decades. Unless it was one of the days I skipped, no one in law school taught us how to operate a law firm. It requires a much different skill set from being a trial […]

Sep 26, 2023

Virginia Tech student got due process in hearing 

By Jason Boleman  The 4th U.S. Circuit Court of Appeals upheld the dismissal of a lawsuit against Virginia Tech and university officials filed by a student who received a “long suspension” from the school after a Title IX investigation.  The student alleged the university’s investigation “denied him due process of law,” the lawsuit says. The […]

Sep 14, 2023

High court justices cross the line of propriety 

By Spencer Farris  It’s been hot here. Not islands and West Coast on fire hot, but hot all the same. I blame the heat for recent events. Hard to explain the weirdness that is around us any other way.   The U.S. Supreme Court has been grabbing headlines lately, and not for the justices’ opinions — […]

Aug 24, 2023

High 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 23, 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 21, 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 […]

Jul 25, 2023

Letter From The Editor – Working from Home

First, there was the office.  Well-dressed lawyers worked shoulder to shoulder with fellow attorneys, paralegals and the support staff. Phones rang almost incessantly. Clients rotated through the waiting room.  Then, the passing of time tempered those things. Casual Fridays toned down office dress. Increasing amounts of business were handled by email. Online resources that put […]

Jul 21, 2023

NLRB joins FTC in taking aim at non-competes 

By Dawn Mertineit, Jesse Coleman and Katherine Perrelli  Following the Federal Trade Commission’s notice of proposed rulemaking seeking to ban non-compete agreements earlier this year, another federal agency has joined the attack on non-competes.   On May 30, Jennifer Abruzzo, the National Labor Relations Board’s general counsel, issued a memo to all NLRB regional directors, officers-in-cha[...]

Jul 20, 2023

Supreme Court leaves key internet protection untouched 

By Eric M. David  When the U.S. Supreme Court agreed last fall to consider two cases seeking to narrow the scope of the immunity provided to internet companies by Section 230 of the Communications Decency Act (47 U.S.C. § 230), those internet companies — and the lawyers who represent them — were understandably concerned. They […]

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