North Carolina

  • March 11, 2024

    'I Made A Huge Mistake,' Software Exec Says In Tax Fraud Trial

    Two former software executives in North Carolina took the stand Monday in the government's tax fraud trial against them, where they portrayed a company in extreme distress as hundreds of thousands of dollars in employment taxes went unpaid and their personal lives crumbled.

  • March 11, 2024

    Judge OKs Eye Care Tech Co.'s $8M DIP Request

    A Texas bankruptcy judge on Monday approved optometry software company Eye Care Leaders Portfolio Holdings LLC's request to draw on the remainder of its $8 million in debtor-in-possession funds for its Chapter 11 case, saying the company had given good reason to believe it was poised for a rewarding auction.

  • March 11, 2024

    Ill Will Pushed UNC Doc's Bawdy Party Lie, NC Justices Told

    A former doctor at the University of North Carolina hospital wants the state's highest court to revive his defamation lawsuit alleging a supervisor's ill will motivated an investigation into a supposed bawdy party, telling the justices that the supervisor isn't afforded the immunity public officials receive from lawsuits.

  • March 11, 2024

    NC Judge Scraps $8M Verdict In AXA Life Insurance Suit

    A North Carolina federal judge wiped out an $8 million jury award for historian and investment firm founder Malcolm Wiener in his lawsuit accusing AXA Equitable Life Insurance Co. of sabotaging his insurability with inaccurate health information reporting, finding Wiener had "no baseline" to support the award beyond $1 in nominal damages.

  • March 11, 2024

    FTC, 10 States Sue 'Sham' Women's Cancer Fund

    The Federal Trade Commission and 10 state attorneys general have filed a federal complaint against a Pennsylvania-based cancer charity fund, calling the foundation a "sham" that deceived donors out of $18 million over five years.

  • March 11, 2024

    Womble Bond Hires NC Federal Public Defender In Charlotte

    Womble Bond Dickinson's new of counsel, Erin Taylor, told Law360 Pulse that as the daughter of a social worker and community organizer, working to defend legal injustices in North Carolina's federal public defender's office came naturally. After 15 years in the role, it's work she found extremely rewarding, she said.

  • March 08, 2024

    Split NC High Court Reopens Embattled Realty Firm

    The North Carolina Supreme Court has temporarily lifted a business shutdown order on MV Realty amid the state's claims that the company imposed predatory fees, with a dissenting justice fearing that unshackling it could put homeowners at risk of losing their homes.

  • March 08, 2024

    DC Judge Strikes 2 BofA Experts In $1.1B FDIC Premiums Suit

    Bank of America can't use a certified public accountant and an economics scholar it had enlisted to fend off a Federal Deposit Insurance Corp. suit accusing the financial institution of failing to pay $1.1 billion in premiums, a federal magistrate judge has determined, finding both experts offered inadmissible opinions.

  • March 08, 2024

    State Farm Beats Spas' COVID Shutdown Suit At 4th Circ.

    The Fourth Circuit sided with State Farm insurance entities Friday in tossing a coverage dispute brought by a class of spa businesses alleging they were owed under "all risk" policies after COVID shutdown orders, with the court holding that recent precedent determined similar policies dealt with physical damage, not business closings.

  • March 08, 2024

    Trump Tells 4th Circ. DQ Ruling Ends Virginia Ballot Challenge

    Donald Trump and the Republican Party of Virginia have asked the Fourth Circuit to pull the plug on an appeal seeking to remove the former president from the state's ballot, citing the U.S. Supreme Court's decision finding that states lack that kind of disqualification power.

  • March 08, 2024

    Coverage Capped At $300K In Crash Suit, 4th Circ. Told

    An insurer urged the Fourth Circuit to uphold a lower court's ruling restricting a couple's underinsured motorist coverage to $300,000 following a wreck, arguing that the policy's language prevails over a North Carolina statute and, as such, its payout is offset by three primary insurers' contributions.

  • March 07, 2024

    Petition Watch: Student Athletes, Oil Spills & Preemption

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed: questions over whether student athletes have a business interest in being eligible to play college sports, how much oil is needed to qualify as an oil spill, whether an exemption to the Fourth Amendment applies to artificial intelligence and whether consumers can sue drug companies under state law for violating federal regulations.

  • March 07, 2024

    GOP Says NC Voting Lines Fight Doesn't Belong In Court

    North Carolina Republican legislative leaders want a state court to scrap an election-maps challenge alleging voting lines were drawn outside state constitutional bounds, arguing the court doesn't have jurisdiction over the matter.

  • March 07, 2024

    Wells Fargo, Goldman Escape Some Climate Proxy Proposals

    The Goldman Sachs Group Inc. and Wells Fargo & Co. may exclude from their upcoming proxy statements shareholder proposals calling for reports on their clients' climate change commitments, according to the U.S. Securities and Exchange staff, which also wouldn't let Wells Fargo or Texas Instruments Inc. escape including separate labor and human rights-related proposals.

  • March 07, 2024

    Asbestos Claimants Refuel Bid To Chuck Bestwall Ch. 11

    Mesothelioma victims seeking recompense for asbestos exposure are taking another stab at throwing out the bankruptcy case of Georgia-Pacific unit Bestwall LLC, telling a North Carolina federal judge that the papermaker has abused the bankruptcy process to shield itself from liability.

  • March 07, 2024

    Wells Fargo Charged For Unwanted Programs, Customer Says

    An Ohio resident is the latest to bring proposed class claims against Wells Fargo over the bank's recent disclosures that some of its customers were unwittingly enrolled in certain financial products offered by the bank as far back as 2007, and charged fees for them.

  • March 07, 2024

    Feds Look To Bar Advice-Of-Counsel Defense From Tax Trial

    Federal prosecutors have sought to prevent two attorneys and an insurance agent from relying on advice-of-counsel defenses in their upcoming tax fraud trial, telling a North Carolina federal judge the trio failed to give the court an adequate heads-up about their intended defense.

  • March 06, 2024

    Meta Must Tackle Increased Account Hijackings, 41 AGs Say

    A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.

  • March 06, 2024

    Software Execs Tried To Save Co. With Trust Taxes, Jury Told

    Prosecutors and defense attorneys on Wednesday painted competing pictures of two former software executives at the start of their tax fraud trial in North Carolina, with the government characterizing the pair as liars and cheaters while the defense claimed they were merely trying to right the ship as their business floundered.

  • March 06, 2024

    Sony, ISP File Dueling 4th Circ. Petitions Over $1B Verdict

    Cox Communications Inc. has urged the full Fourth Circuit to reconsider a three-judge panel's decision that the internet service provider is liable for willfully contributing to copyright infringement in a lawsuit from music publishers, arguing the panel's conclusion upholding a jury's finding makes the circuit "the most severe" regime in the country. 

  • March 06, 2024

    FTC Can Depose Hospitals' Execs In Merger Challenge

    A North Carolina federal magistrate judge has overruled two hospital systems' objections to the depositions of six Novant Health employees by the Federal Trade Commission in its antitrust action against a proposed $320 million merger, rejecting the healthcare providers' arguments that such depositions would be duplicative.

  • March 06, 2024

    Senators Question Cherokee Tribe's Cannabis Co. Launch

    Both of North Carolina's U.S. senators are asking for an inquiry into the upcoming launch of a Cherokee tribe's cannabis dispensary, saying the matter raises important questions on how to keep the state's residents safe.

  • March 06, 2024

    North Carolina Probing RealPage Over Antitrust Issues, Too

    The North Carolina Attorney General's Office is probing RealPage Inc. over concerns that its software helps property owners coordinate rent increases, adding to pressure on a company already facing private litigation and enforcement actions for allegedly violating antitrust law.

  • March 05, 2024

    4th Circ. Affirms Med Mal Trial Win For Md. Patient

    A clinic and gynecologist can't evade a $1 million judgment over claims they botched a surgery, causing a patient's infection and ultimately the removal of part of her large intestine, a Fourth Circuit panel ruled, saying there was sufficient evidence for a jury to find them liable.

  • March 05, 2024

    UPS, AT&T Can't Avoid ESG Proxy Proposals, But BofA Can

    U.S. Securities and Exchange Commission staff have indicated they won't let UPS and AT&T get out of including shareholder proposals on environmental and social matters from their upcoming proxy statements, while letting Bank of America exclude two ESG-related proposals.

Expert Analysis

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • What Courts' Deference Preference Can Mean For Sentencing

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    The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

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