In my last post, On Vaccinations, Religion and What Buddha Really Said, I briefly discussed the case of EEOC v. Mission Hospital. In that case, the EEOC alleged Mission violated Title VII when it required employees to request accommodations to the mandatory vaccination policy by Sept. 1, but allowed employees to obtain vaccinations until Dec. 1. The district court denied Mission’s motion for summary judgment, and the case was on the trial docket.
On Jan. 12, 2018, the EEOC announced it had settled the case with Mission. Mission Hospital Agrees to Pay $89,000 To Settle EEOC Religious Discrimination Lawsuit (Jan. 12, 2018). In addition to the $89,000 Mission paid to settle the claim, it also had to agree to “revise its immunization policy to permit employees to request an exemption during the same period in which flu vaccines are to be received.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-01-25 14:09:022018-01-25 14:09:02Update on EEOC v. Mission Hospital
In September of 2017, Thomas A. McCormick, Jr., announced his plan to retire as the City Attorney for the City of Raleigh after serving in that position for over 40 years. I’m one of many lawyers who has had the opportunity to work with Tom, and I’m sure there are many more who would be interested in learning about Tom’s career in public service. For that reason, instead of writing an article about the law, I decided to conduct a brief “career overview” interview with Tom McCormick to share with my colleagues in the NCBA. Enjoy!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-01-25 10:10:202018-01-25 10:10:20'A Very Happy Accident': Tom McCormick On His 40-Year Career With the City Of Raleigh
Below are selected planning points regarding recent tax changes. This summary does not discuss which provisions are temporary and which are permanent.
A. Bunching Into One Year Charitable Contributions That Would Otherwise Be Made Over Several Years
The new tax law raises the standard deduction to $24,000 for married couples filing jointly. Only $10,000 of state income taxes and property taxes may be deducted. Many expenses that were previously deductible, including investment management expenses and employee expenses, are no longer deductible. Many individuals will now use the $24,000 standard deduction rather than itemizing deductions. Such a taxpayer will, in effect, lose the deductibility of charitable contributions. Some taxpayers may be able to mitigate that by making in a single year charitable contributions they would normally make over several years. Such a taxpayer may have itemized deductions exceeding $24,000 in the year in which charitable contributions are bunched.
The recent U.S. Immigration and Customs Enforcement nationwide I-9 Employment Eligibility Verification Audit of 7-Eleven stores reminds us that no one is above the law. In the early morning hours of Jan. 10, 2018, ICE reportedly visited 98 7-Eleven locations and made 21 arrests in what is being called the largest worksite compliance operation targeting an employer since President Trump took office.
The agency’s intent is clear as delivered by ICE Deputy Director Thomas D. Homan:
“Today’s actions send a strong message to U.S. businesses that hire and employ an illegal workforce: ICE will enforce
the law, and if you are found to be breaking the law, you will be held accountable. Businesses that hire illegal workers
are a pull factor for illegal immigration and we are working hard to remove this magnet. ICE will continue its efforts to
protect jobs for American workers by eliminating unfair competitive advantages for companies that exploit illegal
immigration.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-01-22 13:11:132019-04-17 13:27:14Nemo Est Supra Leges
For the past several years, members of the International Law and Practice Section have enjoyed meeting international Master of Laws (LL.M.) students from North Carolina law schools at a reception hosted by the Section. In the beautiful setting of the Bar Center in early fall, members have connected with LL.M.s such as
Young lawyers from the Japanese law firm of Nishimura & Asahi, which hosted the Section members who went on the Section’s exchange visit to Japan;
Students from Middle East and African countries where members’ companies are doing business; and
Students from countries where members have lived, worked, or traveled.
The conversations have resulted in follow-up meetings and invitations to Thanksgiving meals and other activities that help students appreciate Southern hospitality. The reception has also resulted in many students joining the Section as student members.
https://www.ncbarblog.com/wp-content/uploads/2018/01/LLM3.jpg13652048NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-01-22 13:02:312019-04-17 13:27:14International Law & Practice Section Reception with LL.M. Students
One of the most important functions of antitrust law is fighting against abuse of dominance or monopolization. Companies with high market shares and strong market power can exclude incumbents or potential entrants. Although national legislation and decisions of national authorities may differ, abusive behavior of a dominant firm in a given country should be deemed a violation of antitrust laws in all territories where the relevant company is dominant.
The near-similarity of antitrust laws throughout the world allows multinational companies to easily comply with the antitrust laws of countries in which they operate. However, this also generates a significant risk because such companies can face antitrust investigations in more than one country, due to a single decision or behavior.
Nonetheless, not only do market conditions or local strategies of the multinationals differ from one territory to another, so does antitrust enforcement. Those differences may stem from the willingness and determination of the antitrust authority to stop such abuses, market conditions due to the local competitors, the lack of relevant laws, or even implications on relations between countries.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-01-12 15:04:162019-04-17 13:27:15Is Standard International Antitrust Enforcement Possible? The Virgin v. British Airways Case
On Nov. 7, 2017, the North Carolina Court of Appeals delivered a split opinion in Atlantic Coast Properties, Inc. v. Saunders, holding that a corporation’s failure to plead its legal existence and capacity to sue lacked standing to maintain a legal action. 807 S.E.2d 182 (N.C. Ct. App. 2017). The case was before the court on appeal by petitioner Atlantic Coast Properties, Inc. (“ACP”) after Judge Milton F. Fitch, Jr. granted Respondents’ motion for summary judgment in Currituck County Superior Court.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-01-12 12:20:102018-07-21 15:05:29None Of Your Business In Our Jurisdiction
It’s that time of year again! A time for pause and reflection on where we started, where we ended, what went right, what didn’t, and how to improve our current trajectory through life. Yes, a better diet, more sleep, more exercise, etc., are certainly important, but what about your 2018 career resolutions?
Being happy and successful in your career, however personally defined, directly affects your overall happiness and well-being in life. Thus, setting goals and taking time to reflect at least annually on aspects relating to your career is a necessary means to achieving a blissful end. Below are a few considerations that may help trigger thoughtful contemplation and/or perhaps even resolution-setting, if you’re into that sort of thing!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-01-11 14:09:562018-08-17 11:28:42Reflecting and Reacting: Set Your 2018 Career Goals
Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates.
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When I am worried and I can’t sleep, I count my blessings instead of sheep. And I fall asleep counting my blessings.
Since we’ve reached the start of a new year, I thought this might be a good time to look back and list the things, as a county attorney, that I am thankful for in 2017. So, in no particular order, here goes:
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-01-05 13:22:522018-01-05 13:22:52A County Attorney Counts Her Blessings
Update on EEOC v. Mission Hospital
Labor & Employment LawIn my last post, On Vaccinations, Religion and What Buddha Really Said, I briefly discussed the case of EEOC v. Mission Hospital. In that case, the EEOC alleged Mission violated Title VII when it required employees to request accommodations to the mandatory vaccination policy by Sept. 1, but allowed employees to obtain vaccinations until Dec. 1. The district court denied Mission’s motion for summary judgment, and the case was on the trial docket.
On Jan. 12, 2018, the EEOC announced it had settled the case with Mission. Mission Hospital Agrees to Pay $89,000 To Settle EEOC Religious Discrimination Lawsuit (Jan. 12, 2018). In addition to the $89,000 Mission paid to settle the claim, it also had to agree to “revise its immunization policy to permit employees to request an exemption during the same period in which flu vaccines are to be received.”
‘A Very Happy Accident’: Tom McCormick On His 40-Year Career With the City Of Raleigh
Government & Public SectorIn September of 2017, Thomas A. McCormick, Jr., announced his plan to retire as the City Attorney for the City of Raleigh after serving in that position for over 40 years. I’m one of many lawyers who has had the opportunity to work with Tom, and I’m sure there are many more who would be interested in learning about Tom’s career in public service. For that reason, instead of writing an article about the law, I decided to conduct a brief “career overview” interview with Tom McCormick to share with my colleagues in the NCBA. Enjoy!
Read more
Tax Reform: Selected Planning Points
Tax SectionBelow are selected planning points regarding recent tax changes. This summary does not discuss which provisions are temporary and which are permanent.
A. Bunching Into One Year Charitable Contributions That Would Otherwise Be Made Over Several Years
The new tax law raises the standard deduction to $24,000 for married couples filing jointly. Only $10,000 of state income taxes and property taxes may be deducted. Many expenses that were previously deductible, including investment management expenses and employee expenses, are no longer deductible. Many individuals will now use the $24,000 standard deduction rather than itemizing deductions. Such a taxpayer will, in effect, lose the deductibility of charitable contributions. Some taxpayers may be able to mitigate that by making in a single year charitable contributions they would normally make over several years. Such a taxpayer may have itemized deductions exceeding $24,000 in the year in which charitable contributions are bunched.
Read more
Nemo Est Supra Leges
International Law & Practice, International PracticeThe recent U.S. Immigration and Customs Enforcement nationwide I-9 Employment Eligibility Verification Audit of 7-Eleven stores reminds us that no one is above the law. In the early morning hours of Jan. 10, 2018, ICE reportedly visited 98 7-Eleven locations and made 21 arrests in what is being called the largest worksite compliance operation targeting an employer since President Trump took office.
The agency’s intent is clear as delivered by ICE Deputy Director Thomas D. Homan:
“Today’s actions send a strong message to U.S. businesses that hire and employ an illegal workforce: ICE will enforce
the law, and if you are found to be breaking the law, you will be held accountable. Businesses that hire illegal workers
are a pull factor for illegal immigration and we are working hard to remove this magnet. ICE will continue its efforts to
protect jobs for American workers by eliminating unfair competitive advantages for companies that exploit illegal
immigration.”
Read more
International Law & Practice Section Reception with LL.M. Students
International Law & Practice, International PracticeBy Jennifer D’Arcy Maher
For the past several years, members of the International Law and Practice Section have enjoyed meeting international Master of Laws (LL.M.) students from North Carolina law schools at a reception hosted by the Section. In the beautiful setting of the Bar Center in early fall, members have connected with LL.M.s such as
The conversations have resulted in follow-up meetings and invitations to Thanksgiving meals and other activities that help students appreciate Southern hospitality. The reception has also resulted in many students joining the Section as student members.
Read more
Is Standard International Antitrust Enforcement Possible? The Virgin v. British Airways Case
International Law & Practice, International Practice, UncategorizedOne of the most important functions of antitrust law is fighting against abuse of dominance or monopolization. Companies with high market shares and strong market power can exclude incumbents or potential entrants. Although national legislation and decisions of national authorities may differ, abusive behavior of a dominant firm in a given country should be deemed a violation of antitrust laws in all territories where the relevant company is dominant.
The near-similarity of antitrust laws throughout the world allows multinational companies to easily comply with the antitrust laws of countries in which they operate. However, this also generates a significant risk because such companies can face antitrust investigations in more than one country, due to a single decision or behavior.
Nonetheless, not only do market conditions or local strategies of the multinationals differ from one territory to another, so does antitrust enforcement. Those differences may stem from the willingness and determination of the antitrust authority to stop such abuses, market conditions due to the local competitors, the lack of relevant laws, or even implications on relations between countries.
Read more
None Of Your Business In Our Jurisdiction
Litigation SectionBy Madeleine Pfefferle
On Nov. 7, 2017, the North Carolina Court of Appeals delivered a split opinion in Atlantic Coast Properties, Inc. v. Saunders, holding that a corporation’s failure to plead its legal existence and capacity to sue lacked standing to maintain a legal action. 807 S.E.2d 182 (N.C. Ct. App. 2017). The case was before the court on appeal by petitioner Atlantic Coast Properties, Inc. (“ACP”) after Judge Milton F. Fitch, Jr. granted Respondents’ motion for summary judgment in Currituck County Superior Court.
Read more
Reflecting and Reacting: Set Your 2018 Career Goals
Intellectual Property Law SectionIt’s that time of year again! A time for pause and reflection on where we started, where we ended, what went right, what didn’t, and how to improve our current trajectory through life. Yes, a better diet, more sleep, more exercise, etc., are certainly important, but what about your 2018 career resolutions?
Being happy and successful in your career, however personally defined, directly affects your overall happiness and well-being in life. Thus, setting goals and taking time to reflect at least annually on aspects relating to your career is a necessary means to achieving a blissful end. Below are a few considerations that may help trigger thoughtful contemplation and/or perhaps even resolution-setting, if you’re into that sort of thing!
Read more
MacCord’s List: IP News & Notices From Art MacCord
Intellectual Property Law Section, UncategorizedArt MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates.
International Trademark Classification Changes: Final Rule
Copyright Office Interim Rule on Document Recordation and New Recordation Fee for Electronic Title Lists Effective December 18, 2017
Copyright Office Implemented a Series Of Technical Upgrades To Its Electronic Registration System
A County Attorney Counts Her Blessings
Government & Public SectorBy Aimee Scotton
When I am worried and I can’t sleep, I count my blessings instead of sheep. And I fall asleep counting my blessings.
Since we’ve reached the start of a new year, I thought this might be a good time to look back and list the things, as a county attorney, that I am thankful for in 2017. So, in no particular order, here goes:
Read more