North Carolina

  • March 29, 2024

    Lowe's Lies 'Destroyed' Vendor's Business, NC Suit Says

    A home accents company alleged that Lowe's sought to "destroy" it with "bogus" complaints about product quality and the business' financial health, costing it tens of millions of dollars while usurping its business model.

  • March 29, 2024

    Tax Preparer Gets 30 Months For $780K COVID Aid Scheme

    A North Carolina tax preparer who fraudulently obtained $780,000 in pandemic relief loans and laundered money was sentenced in federal court to 30 months in prison and three years of supervised release, prosecutors announced.

  • March 29, 2024

    8 States Seek $122M After Robocaller Allegedly Ignored Ban

    Attorneys general from eight states urged a federal judge to modify an existing injunction barring a businessman from engaging in robocalling or telemarketing campaigns, asserting he has violated that order, should be held in contempt and must pay $122 million.

  • March 29, 2024

    Catching Up With Former NC Chief Justice Cheri Beasley

    It's been more than three years since former North Carolina Supreme Court Justice Cheri Beasley left the bench, accelerating her return to private practice and paving the way for a contested U.S. congressional campaign.

  • March 28, 2024

    4th Circ. Rejects Black Voters' Pleas To Block NC Senate Map

    A split Fourth Circuit panel on Thursday opted against interfering with one of North Carolina's newly drawn voter maps as the 2024 election cycle gets underway, rejecting pleas from Black voters who claim the state Senate districts have been unfairly drawn to dilute their voting power.

  • March 28, 2024

    Medical Lab Inks $2.1M Deal To End NC's False Claims Probe

    A North Carolina lab will pay back $2.1 million to the state's Medicaid program after settling an investigation into how it charged the public health program for tests, the state attorney general's office announced Thursday.

  • March 28, 2024

    NC Atty Says Career Coaching Business Stiffed Him On Pay

    A North Carolina lawyer said this week that he hasn't been paid for his work at a career coaching business in which he owns a minority stake after he discovered the company was bleeding funds and rife with mismanagement, according to an amended state business court complaint.

  • March 28, 2024

    NC Atty Calls Airline Mogul's Bank Records Request 'Reckless'

    A North Carolina attorney has asked a federal court to snuff a request by an airline tycoon to dig into the attorney's banking records as part of a hacking conspiracy lawsuit, arguing the request is an overbroad, "reckless" grab at irrelevant information.

  • March 28, 2024

    SC Can Use Challenged Elections Map Amid Justices' Review

    A federal judicial panel ruled Thursday that South Carolina can conduct its 2024 elections under a congressional map it found unconstitutionally discriminates against Black voters, and which the U.S. Supreme Court is reviewing, saying it's now too late in the election cycle to make changes to the map.

  • March 27, 2024

    Justices Poised To Expand Repeat Offenders' Jury Trial Rights

    The U.S. Supreme Court appeared likely Wednesday to agree with the Biden administration and the criminal defense bar that repeat offenders have a constitutional right to let a jury decide if past offenses were sufficiently distinct to trigger lengthy prison terms under a prominent sentencing enhancement.

  • March 27, 2024

    Pool Co. Says Objection To Trial Attys Leaving Is 'Misplaced'

    A swimming pool equipment maker has hit back at objections to some of its counsel exiting the case after a nearly $15 million trial loss over false ad claims in North Carolina, saying its rival's grievances are "misplaced."

  • March 27, 2024

    NC Commissioner Says Insurance Mogul's Argument 'Mistaken'

    The North Carolina insurance commissioner asked the state's Supreme Court on Tuesday to allow him to give his take on a group of insurers' lawsuit against embattled mogul Greg Lindberg that alleges he pilfered the insurance companies as owner, saying if the court lets him submit an amicus brief he'll explain how Lindberg's main argument is "mistaken."

  • March 27, 2024

    Marriott Hit With Negligence Suit After Break-In, Sex Assault

    An Air Force major and his wife are accusing Marriott International Inc. and owners of a hotel in Charlotte, North Carolina, of negligent security, alleging that a repeat trespasser well known to hotel staff sexually assaulted and robbed the major in his room, according to a newly filed federal lawsuit.

  • March 27, 2024

    4th Circ. Overturns Fraud Ruling In Suit Over $4.5M Home Buy

    The Fourth Circuit on Wednesday revived fraud claims brought by the buyers of a $4.5 million Virginia home who accuse the seller of lying about licenses and permits for improvements to lure them into the purchase, with the panel concluding a federal district court flubbed decisions on the claims.

  • March 27, 2024

    Advice-Of-Counsel Defense Curbed From NC Tax Fraud Trial

    Two St. Louis attorneys and a North Carolina insurance agent can't fall back on advice-of-counsel defenses during their upcoming tax fraud trial after a federal judge found that they had failed to follow court orders requiring them to hand over information about the advice they sought.

  • March 27, 2024

    BCBS Can't Escape Therapy Coverage Suit

    A North Carolina federal judge refused to throw out a proposed class action accusing Blue Cross Blue Shield of unlawfully refusing to cover proton beam therapy to treat prostate cancer, saying the case could remain in court if a state worker health plan is added as a defendant.

  • March 26, 2024

    Insurer Wants $29M Treble Damages Ruling Reversed In NC

    An insurer has asked a North Carolina state appeals court to overturn a nearly $29 million ruling penalizing it for failing to defend an employee who crashed a company truck, killing his colleague, citing a policy exclusion for employee injury cases it said the trial court ignored.

  • March 26, 2024

    FTC Urges Court To Pause Novant's NC Hospital Deal

    The Federal Trade Commission is urging a North Carolina federal court to pause Novant Health's $320 million deal for a pair of hospitals, contending the move would give Novant an "eye-popping" share of the hospital market in a Charlotte suburb.

  • March 26, 2024

    Insurance Mogul's Ex-Political Consultant Wants Own Retrial

    A former political consultant charged alongside embattled insurance mogul Greg Lindberg wants their criminal retrial on wire fraud and bribery charges severed, telling a federal court that Lindberg's potential plan to throw him under the bus will destroy any defenses against the government's accusations.

  • March 26, 2024

    Starbucks Settles Worker's Suit Alleging Manager Groped Her

    Starbucks Corp. has settled a lawsuit with an employee who alleged her reports of groping and harassment by a manger resulted in a retaliatory investigation, stunting her career with the coffee chain.

  • March 26, 2024

    SEC To Settle Fraud Suit With CEO Of North Carolina CBD Co.

    The U.S. Securities and Exchange Commission and the North Carolina CBD company CEO it accused of self-dealing and defrauding investors in a fund he ran has asked a federal judge to pause the government's case, telling the court they have reached a settlement.

  • March 26, 2024

    DOL Urges 4th Circ. To Keep $9M Nurse Classification Ruling

    A medical staffing company is trying to circumvent clear error standards simply because it didn't like a federal court's conclusion that the company must pay $9 million in a misclassification suit, the U.S. Department of Labor told the Fourth Circuit.

  • March 26, 2024

    NC Software Execs Ask To Raze Payroll Tax Fraud Conviction

    Two former software executives found guilty of failing to pay hundreds of thousands of dollars in employment taxes have sought to wipe out their conviction based on what they allege was insufficient evidence presented by the government at trial.

  • March 26, 2024

    NC Justices Find BofA Mortgage Fraud Suit Filed Too Late

    The North Carolina Supreme Court has ruled that homeowners accusing Bank of America NA of fraud in a mortgage modification program filed their claims too late, finding they knew or should have known about the alleged fraud when their homes were foreclosed upon — four to seven years before they sued.

  • March 26, 2024

    Wells Fargo Denies Liability Over Texas Atty's Fraud Scheme

    Arguing a San Antonio lawyer's widespread fraud scheme predated his relationship with the bank, Wells Fargo has asked a Texas federal judge to trim a suit launched by the attorney's former clients, who accused the bank of enabling the scheme that landed the attorney behind bars for 50 years.

Expert Analysis

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Georgia-Pacific Ruling Furthers Texas Two-Step Challenges

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    With its recent ruling in the case of Bestwall, barring asbestos injury litigation against nondebtor Georgia-Pacific, the Fourth Circuit joins a growing body of courts addressing the Texas Two-Step's legality, fueled by concerns over the proper use of bankruptcy as a tool for addressing such claims, says George Singer at Holland & Hart.

  • How To Avoid A Zombie Office Building Apocalypse

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    With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • What Affirmative Action Ruling Means For Higher Ed And Cos.

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    The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.

  • Case Law Is Mixed On D&O Coverage For Gov't Investigations

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    As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • 4th Circ. Ruling Continues Trend Of Insurer Bump-Up Wins

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    The Fourth Circuit's recent decision in Towers Watson v. National Union Fire Insurance, finding no directors and officers insurance coverage for underpayment in a reverse triangular merger, supports an emerging consensus that "acquisition" encompasses a variety of transaction types for the purposes of D&O bump-up exclusions, say Joshua Polster and Charlotte McCary at Simpson Thacher.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • 4th Circ. Ruling Outlines Defense Against Retaliation Claims

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    The Fourth Circuit's surprising decision in Johnson v. Global Language Center eschewed the low standard typically applied to demonstrating protected activities under Title VII and could affect internal complaint processes and the retaliation defenses available to employers, say Tory Summey and Zack Anstett at Parker Poe.

  • High Court Cert Denial Puts New Spotlight On Plea Bargains

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    The U.S. Supreme Court’s refusal to hear Davis v. U.S. — provoking two justices’ dissent — highlights a lesser-known circuit split on whether an attorney's failure to pursue a plea agreement constitutes ineffective assistance of counsel, and will likely spur several key changes in criminal law practice, says Spencer Gottlieb at Perkins Coie.

  • How Courts Are Treating SEC Disgorgement 3 Years After Liu

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    Following the U.S. Supreme Court's 2020 Liu decision on the U.S. Securities and Exchange Commission's ability to seek equitable disgorgement of defendants' net profits, case law is veering significantly in the SEC's favor, and there are four key issues to follow, say Amy Jane Longo and Brooke Cohen at Ropes & Gray.

  • Now Is The Time For State And Local Sales Tax Simplification

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    In the five years since the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, state and local governments increasingly rely on sales tax, but simple changes are needed to make compliance more manageable for taxpayers, wherever located, without unduly burdening interstate commerce, says Charles Maniace at Sovos.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

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