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HHS limits the use of guidance documents in civil enforcement actions

May 1, 2021

HHS limits the use of guidance documents in civil enforcement actions
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Ariel Roberson

Ariel Roberson

Partner

GlenLake One
4140 Parklake Avenue
Suite 200
Raleigh, NC 27612
T 919.329.3836
One Wells Fargo Center
301 South College Street
23rd Floor
Charlotte, NC 28202
T 704.417.3000
F 704.377.4814
ariel.roberson@nelsonmullins.com
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Ariel is a member of Nelson Mullins’ Litigation Group and the Labor and Employment Practice. She focuses primarily on business litigation, which includes complex commercial disputes, employment law, and financial services matters. She represents clients in a variety of contract settings involving business torts, unfair business practices and methods of competition. Additionally, her practice covers...

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Ariel is a member of Nelson Mullins’ Litigation Group and the Labor and Employment Practice. She focuses primarily on business litigation, which includes complex commercial disputes, employment law, and financial services matters. She represents clients in a variety of contract settings involving business torts, unfair business practices and methods of competition. Additionally, her practice covers a range of industries in the drafting and enforcement of non-compete, non-disclosure and confidentiality, and other employment-related agreements throughout the United States. She has represented clients in both the negotiation and drafting of relevant agreements and the regular enforcement in litigation of the claims of employers seeking to enforce those agreements. 

Ariel represents companies before the North Carolina Business Court and in both state and federal courts. She has experience before the North Carolina Court of Appeals and the Office of Administrative Hearings assisting clients affected by state agency actions. Having been a former professional athlete and NCAA D1 champion, Ariel brings a distinctive understanding to her growing sports law practice.

Ariel Roberson

a range of industries in the drafting and enforcement of non-compete, non-disclosure and confidentiality, and other employment-related agreements throughout the United States. She has represented clients in both the negotiation and drafting of relevant agreements and the regular enforcement in litigation of the claims of employers seeking to enforce those agreements. 

Ariel represents companies before the North Carolina Business Court and in both state and federal courts. She has experience before the North Carolina Court of Appeals and the Office of Administrative Hearings assisting clients affected by state agency actions. Having been a former professional athlete and NCAA D1 champion, Ariel brings a distinctive understanding to her growing sports law practice.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Breaches of contract and related claims, such as tortious interference, fraud, and unfair and deceptive trade practices
  • Misappropriation of trade secrets, covenants not to compete, and related employment issues
  • Injunctive relief, including temporary restraining orders, and preliminary and permanent injunctions, for employers
  • Financial services and products, fair debt collection, and collections and deficiency
  • Compliance and administrative law navigation in response to state and federal agency actions 
  • Judicial Review Hearings pursuant to North Carolina General Statute Chapter 122C

Representative Matters

  • Counsel for a group purchasing organization in bench trial seeking payment of allowances from suppliers and defense of counterclaims.
  • Counsel for a medical device company facing a motion for a preliminary injunction seeking to bar one of its new hires from working for the company. 
  • Represented a leading manufacturer of packaging and sustainability products by drafting severance agreement – including non-compete, non-solicitation, and non-disclosure provisions – for high level executive.
  • Trial counsel in weeklong bench trial arising from utility’s decision to terminate an engineering, procurement, and construction contract for a nuclear power plant.
  • Confidential AAA Arbitration. Represented tax consultant in breach of contract action against large public utility regarding tax savings realized and fees owed. Case settled before final arbitration hearing.

Previous Professional Experience

  • Judicial Extern, the Honorable Magistrate Judge William A. Webb, U.S. District Court for the Eastern District of North Carolina (2012)
  • Summer Law Clerk, U.S. Environmental Protection Agency

Sports Career Experience

  • Served as academic team captain of the UNC Women’s Soccer Team
  • 2006 NCAA Division I National Champion
  • Played in the inaugural season of the Women’s Professional Soccer League for the Boston Breakers
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Breaches of contract and related claims, such as tortious interference, fraud, and unfair and deceptive trade practices
  • Misappropriation of trade secrets, covenants not to compete, and related employment issues
  • Injunctive relief, including temporary restraining orders, and preliminary and permanent injunctions, for employers
  • Financial services and products, fair debt collection, and collections and deficiency
  • Compliance and administrative law navigation in response to state and federal agency actions 
  • Judicial Review Hearings pursuant to North Carolina General Statute Chapter 122C

Representative Matters

  • Counsel for a group purchasing organization in bench trial seeking payment of allowances from suppliers and defense of counterclaims.
  • Counsel for a medical device company facing a motion for a preliminary injunction seeking to bar one of its new hires from working for the company. 
  • Represented a leading manufacturer of packaging and sustainability products by drafting severance agreement – including non-compete, non-solicitation, and non-disclosure provisions – for high level executive.
  • Trial counsel in weeklong bench trial arising from utility’s decision to terminate an engineering, procurement, and construction contract for a nuclear power plant.
  • Confidential AAA Arbitration. Represented tax consultant in breach of contract action against large public utility regarding tax savings realized and fees owed. Case settled before final arbitration hearing.

Previous Professional Experience

  • Judicial Extern, the Honorable Magistrate Judge William A. Webb, U.S. District Court for the Eastern District of North Carolina (2012)
  • Summer Law Clerk, U.S. Environmental Protection Agency

Sports Career Experience

  • Served as academic team captain of the UNC Women’s Soccer Team
  • 2006 NCAA Division I National Champion
  • Played in the inaugural season of the Women’s Professional Soccer League for the Boston Breakers

Articles & Speeches

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Recognitions

The bar rules of some states require that the standards for an attorney’s inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

Professional Activities

  • Mecklenburg County Bar Association
    • Shadow Board Member, 2018 Treasurer-Elect
  • Selected for the 2017 North Carolina Bar Association's Leadership Academy
  • American Bar Association
    • Litigation Section, Woman Advocate Committee
  • North Carolina Bar Association
    • Antitrust and Complex Business Dispute Litigation Section
    • 2017 Leadership Academy
  • DRI – The Voice of the Defense Bar

Community

  • Johnson C. Smith University Board of Visitors (2020)
  • UNC Women’s Soccer Alumni Leadership Council (2020)
  • Board Member, John S. Leary Bar of Mecklenburg County

Ariel is a member of Nelson Mullins’ Litigation Group and the Labor and Employment Practice. She focuses primarily on business litigation, which includes complex commercial disputes, employment law, and financial services matters. She represents clients in a variety of contract settings involving business torts, unfair business practices and methods of competition. Additionally, her practice covers... a range of industries in the drafting and enforcement of non-compete, non-disclosure and confidentiality, and other employment-related agreements throughout the United States. She has represented clients in both the negotiation and drafting of relevant agreements and the regular enforcement in litigation of the claims of employers seeking to enforce those agreements. 

Ariel represents companies before the North Carolina Business Court and in both state and federal courts. She has experience before the North Carolina Court of Appeals and the Office of Administrative Hearings assisting clients affected by state agency actions. Having been a former professional athlete and NCAA D1 champion, Ariel brings a distinctive understanding to her growing sports law practice.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Breaches of contract and related claims, such as tortious interference, fraud, and unfair and deceptive trade practices
  • Misappropriation of trade secrets, covenants not to compete, and related employment issues
  • Injunctive relief, including temporary restraining orders, and preliminary and permanent injunctions, for employers
  • Financial services and products, fair debt collection, and collections and deficiency
  • Compliance and administrative law navigation in response to state and federal agency actions 
  • Judicial Review Hearings pursuant to North Carolina General Statute Chapter 122C

Representative Matters

  • Counsel for a group purchasing organization in bench trial seeking payment of allowances from suppliers and defense of counterclaims.
  • Counsel for a medical device company facing a motion for a preliminary injunction seeking to bar one of its new hires from working for the company. 
  • Represented a leading manufacturer of packaging and sustainability products by drafting severance agreement – including non-compete, non-solicitation, and non-disclosure provisions – for high level executive.
  • Trial counsel in weeklong bench trial arising from utility’s decision to terminate an engineering, procurement, and construction contract for a nuclear power plant.
  • Confidential AAA Arbitration. Represented tax consultant in breach of contract action against large public utility regarding tax savings realized and fees owed. Case settled before final arbitration hearing.

Previous Professional Experience

  • Judicial Extern, the Honorable Magistrate Judge William A. Webb, U.S. District Court for the Eastern District of North Carolina (2012)
  • Summer Law Clerk, U.S. Environmental Protection Agency

Sports Career Experience

  • Served as academic team captain of the UNC Women’s Soccer Team
  • 2006 NCAA Division I National Champion
  • Played in the inaugural season of the Women’s Professional Soccer League for the Boston Breakers

Education

  • North Carolina Central University School of Law, JD, magna cum laude (2013)
    • Staff Editor, North Carolina Central Law Review
    • George H. White Bar Association Scholarship
    • Weaver-James Corrigan Atlantic Coast Conference Post-graduate Scholarship
  • University of North Carolina at Chapel Hill, BA, Biology (2008)
    • University of North Carolina Women’s Soccer (NCAA Division I National Championship team) (2006)

Admissions

  • North Carolina
  • U.S. District Court for the Eastern District of North Carolina
  • U.S. District Court for the Middle District of North Carolina
  • U.S. District Court for the Western District of North Carolina

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Mecklenburg County Bar Association
    • Shadow Board Member, 2018 Treasurer-Elect
  • Selected for the 2017 North Carolina Bar Association's Leadership Academy
  • American Bar Association
    • Litigation Section, Woman Advocate Committee
  • North Carolina Bar Association
    • Antitrust and Complex Business Dispute Litigation Section
    • 2017 Leadership Academy
  • DRI – The Voice of the Defense Bar
  • Johnson C. Smith University Board of Visitors (2020)
  • UNC Women’s Soccer Alumni Leadership Council (2020)
  • Board Member, John S. Leary Bar of Mecklenburg County

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