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.”
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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.
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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.
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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.
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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!
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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:
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As flu season begins, so begin the arguments over accommodations for hospital employees whose religious (or sincerely held nontheistic) beliefs prohibit them from taking the flu vaccine. Two recent court decisions should help medical providers and employees better understand the Title VII requirements for religious accommodations and its definition of religion.
Here in North Carolina, the EEOC sued Mission Hospital after Mission terminated three employees who failed to timely request religious accommodations under Mission Hospital’s mandatory vaccination policy. The vaccination policy required accommodation requests to be submitted by Sept. 1 but employees did not have to be vaccinated until Dec. 1. EEOC v. Mission Hosp., Inc., 2017 U.S. Dist. LEXIS 124183, *6 (W.D.N.C. Aug. 17, 2017). Further, Mission gave a grace period for vaccinations but not for requesting an accommodation. Id. at *9. The court denied Mission’s summary judgment motion since it found that a jury could find that Mission violated Title VII by treating individuals seeking religious accommodations differently based on the staggered deadlines and inconsistently applied grace period.[1]
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Recently I asked a few Business Court law clerks the following question: What are some practice pointers that you would give to attorneys appearing before the Court? Although I clerked at the Business Court and should presumably have some insight into my own question, it’s been a while since I clerked so I thought it would be beneficial to get a fresh perspective. Below is my summary of five tips I received. Disclaimer: These are the views of certain anonymous individuals and should not be attributed to the Business Court.
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