North Carolina

  • April 24, 2024

    NC Biz Court Trims School Food Servicer's Noncompete Suit

    The North Carolina Business Court on Wednesday pared a cafeteria food provider's lawsuit alleging a former sales director absconded with confidential information to a rival business, reasoning the Tar Heel State's laws aren't applicable over alleged out-of-state conduct.

  • April 24, 2024

    Feds Want Disbarred Atty's FOIA Suit Over USPTO Docs Axed

    The federal government urged a North Carolina federal court Wednesday to toss a disbarred attorney's sprawling Freedom of Information Act lawsuit over U.S. Patent and Trademark Office documents, arguing the case is one of a dozen duplicative, meritless suits the plaintiff has filed.

  • April 24, 2024

    3 Takeaways On How AI Is Forcing Publicity Rights To Evolve

    As digital replicas of someone's voice, image or likeness become easier to create with the help of artificial intelligence, this new era of deepfakes is shining a spotlight on the nation's patchwork of right-of-publicity laws and raising questions over when Congress may act to pass a national framework.  

  • April 24, 2024

    Borrower Asks Full 4th Circ. To Hear Debt Canceling Case

    A student loan borrower has asked the full Fourth Circuit to rehear his claims that a Pennsylvania loan servicer thwarted forgiveness of his federal student loans, arguing that the circuit court had overlooked parts of the loan servicing agreement that provided important context to his argument.

  • April 24, 2024

    McKesson Ends Ex-Sales VP's Title VII Suit Over Vax Refusal

    McKesson Corp. reached an agreement with a former sales vice president to end her lawsuit accusing the drug distributor of firing her because her Christian beliefs barred her from getting the COVID-19 vaccine, according to a filing in North Carolina federal court.

  • April 24, 2024

    Raleigh, NC, Seeks Dismissal Of Ex-Cop's OT Suit

    The city of Raleigh, North Carolina, asked a federal judge Wednesday to toss an ex-police officer's lawsuit alleging it illegally compelled officers to accept time off rather than pay overtime premiums, arguing it acted in accordance with federal labor law.

  • April 24, 2024

    4th Circ. Revives Worker's Age Bias Suit Against IT Co.

    The Fourth Circuit on Wednesday reinstated a former information technology company worker's lawsuit alleging she was unlawfully fired and replaced by someone nearly 30 years her junior, saying a trial court held her to too high a standard when it threw out her case.

  • April 23, 2024

    Feds Urge Court To Admit Ex-VP Info In Mogul's Bribery Case

    Federal prosecutors have struck back against embattled insurance mogul Greg Linderg's attempt to keep evidence about a former employee's alleged involvement in a bribery scheme from a jury, telling the court that the employee's acquittal on related charges doesn't make evidence dealing with him inadmissible.

  • April 23, 2024

    NC Justices Urged To Reject Greg Lindberg Co.'s Review Bid

    North Carolina's insurance commissioner urged the state's supreme court to prevent a company controlled by insurance mogul Greg Lindberg from intervening in the liquidation proceedings of two of his life insurance companies, arguing a state appeals panel correctly held that an insurer's directors, but not shareholders, may intervene.

  • April 23, 2024

    Ex-Public Defender Wants 4th Circ. To End Wait In Bias Suit

    A former public defender suing the federal judiciary for allegedly failing to take her sexual harassment claims seriously asked the Fourth Circuit on Tuesday to force a federal judge's hand after more than four months without a ruling following a bench trial, saying a decision on her long-pending bid for a preliminary injunction is overdue.

  • April 23, 2024

    NC Felony Voting Law Struck Down As Unconstitutional

    A North Carolina federal judge has struck down the state's 147-year-old law making it a crime for convicted felons to vote, finding that the statute disproportionately targets Black voters and had been inconsistently enforced in violation of the U.S. Constitution.

  • April 23, 2024

    BofA Nears Deal Over 'Hidden' Wire Transfer Junk Fees

    Bank of America has agreed to resolve a proposed class action accusing it of tacking on $15 "junk fees" for incoming wire transfers, and a North Carolina federal judge on Monday gave the parties until May 24 to submit a motion for preliminary approval of the settlement.

  • April 22, 2024

    Feds Botched Building Contract Prices, Watchdog Reports

    Federal building overseers in the Southeast U.S. used distorted pricing for medium-term construction contracts that produced significantly inflated and unreasonably low-cost estimates, according to a government watchdog.

  • April 22, 2024

    NC Justice Dept. Seeks Early Win In Promotion Bias Suit

    The North Carolina Department of Justice urged a federal court to take its side in an attorney's lawsuit alleging she faced discrimination at the agency for being a Black woman, arguing that the white man who got the job for which she'd interviewed was the most qualified candidate.

  • April 22, 2024

    NC Chemical Biz Wants Help Covering $5M Site Cleanup

    A chemical company asked a North Carolina federal court on Monday to force other chemical makers, including a Koch Industries subsidiary, to contribute to the roughly $5 million cleanup of a contaminated site, contending the other companies owned or operated parts of the site for years.

  • April 22, 2024

    Opioid Marketer Completes $1.5M Damages Settlement With Del.

    Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.

  • April 22, 2024

    Lessee Axed From NC Doctor's Quarrel With Ex-Partner

    The North Carolina Business Court has purged a defendant from an ophthalmologist's lawsuit claiming his former partner has reneged on a settlement to buy out the ophthalmologist's half of the practice, finding the defendant wasn't a party to the settlement and can't now be bound to it.

  • April 22, 2024

    Senate OKs Permanent Status For 10 Fed. District Judgeships

    The U.S. Senate has unanimously passed a bill put forth by a bipartisan group of lawmakers that would transition 10 previously temporary district court judgeships in 10 states to permanent posts, including in Texas, California and Florida.

  • April 22, 2024

    Justices To Mull Atty Fees For Preliminary Injunctions

    The U.S. Supreme Court on Monday agreed to hear a case that could determine whether litigants can receive attorney fees for "prevailing" in a case by winning a preliminary injunction, despite never securing a final judgment.

  • April 22, 2024

    Justices Won't Probe Athlete's Interest In NCAA Eligibility

    The U.S. Supreme Court on Monday left in place a Fourth Circuit decision finding student athletes lack a business or property interest in their eligibility to play on the college level even though they can now be compensated for it.

  • April 19, 2024

    Enviro Groups Say Federal Plan Threatens At-Risk Bats

    A coalition of environmental groups sued the U.S. Forest Service and the U.S. Fish and Wildlife Service on Thursday in North Carolina federal court alleging that a plan to allow logging in the Nantahala and Pisgah national forests will harm endangered bats on the brink of extinction.

  • April 19, 2024

    Bankruptcy Bill Seeks To Aid Sex Abuse Victims

    A bill introduced in the U.S. House of Representatives would help sexual abuse victims by limiting the ability of their abusers to shield themselves by filing for bankruptcy, according to the bipartisan pair backing the proposed legislation.

  • April 19, 2024

    Ex-Defender Says High Court Ruling Backs Bias Claims

    A former assistant federal defender urged a North Carolina district court to consider a recent U.S. Supreme Court ruling in her sexual harassment lawsuit, arguing the high court's decision backs her claims for employment discrimination against the federal judiciary.

  • April 19, 2024

    Hatteras Fund Investors Sue In Chancery After 95% Drop

    Stockholders in a series of funds managed by alternative investment boutique Hatteras Investment Partners LP have launched a proposed class action against the company's board in Delaware's Court of Chancery, alleging breaches of fiduciary duty in conjunction with the funds' liquidation.

  • April 19, 2024

    Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban

    In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.

Expert Analysis

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Bribery Settlement Gives Insight On DOJ Policies

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    Chemical company Albemarle’s recent $218 million settlement with the government to resolve foreign bribery claims provides valuable data points for companies on the U.S. Department of Justice’s voluntary self-disclosure policy and its clawback pilot program, say Michael DeBernardis and Tiauna Mathieu at Hughes Hubbard.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • A Look At FedNow Liability Allocation And A 4th Circ. Toss-Up

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    Dsu-Wei Yuen and Andrew Lorentz at Davis Wright break down the current legal requirements that are directly applicable to common electronic payment systems like FedNow and Automated Clearing House and how they could be affected by a decision in Studco v. 1st Advantage Credit Union, currently on appeal in the Fourth Circuit.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

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