North Carolina

April 17, 2024
4th Circ. Affirms No Shield From IRS For Home In Bankruptcy

A North Carolina man who filed for bankruptcy protection and owes federal tax debt cannot shield the house he owns with his wife from the Internal Revenue Service, which is pursuing the asset as a creditor in the proceedings, the Fourth Circuit affirmed Wednesday.
April 16, 2024
Nothing 'Sinister' About Attys, Broker's Tax Plan, NC Jury Told

Two St. Louis attorneys and a North Carolina insurance agent on Tuesday tried to poke holes in an undercover IRS agent's investigation of what the government has characterized as a criminal tax avoidance scheme, which defense counsel sought to paint for the jury as a legal interpretation of federal tax law.
April 16, 2024
BofA Draws Scorn From Republican AGs Over 'De-Banking'

Republican state attorneys general are calling out Bank of America over what they claim has been its discriminatory account closures of Christian religious groups and hostile treatment of conservative customers, allegations the banking giant strongly denies.
April 16, 2024
NC Treasurer Backs FTC On Hospital Merger Challenge

North Carolina's treasurer agreed Monday that Novant Health's $320 million plan to pick up a pair of hospitals is a bad idea, throwing its weight behind the Federal Trade Commission's challenge to the deal in federal court.
April 16, 2024
Staffing Co. Drops Contract Fight With Panthers Stadium

The Carolina Panthers' stadium operator and the event staffing company that accused it of wrongly pulling back from an arrangement the parties had made to staff the National Football League team's home games came together Tuesday to drop their dispute from North Carolina federal court.
April 16, 2024
Ex-Minority Owner Of Commanders Sues BofA Over Team Sale

A former minority owner of the Washington Commanders has accused Bank of America and affiliated entities of conspiring with the team's former majority owner to buy 40% of the franchise at a discount, only to turn around and later sell all of it for $6 billion.
April 16, 2024
NC Justices Hint Contractor Qualifies For Tax Break

The North Carolina Supreme Court appeared ready to rule in favor of a contractor seeking a tax exemption reserved for manufacturers, with the justices concerned that hinging qualification on a sales percentage flouts the language of the applicable law.
April 16, 2024
Zuckerberg Dodges Liability In Meta Addiction MDL, For Now

A California federal judge has tossed certain fraud-by-omission claims seeking to hold Meta Platforms CEO Mark Zuckerberg personally liable in sprawling multidistrict litigation over social media platforms' allegedly addictive design, but she allowed the plaintiffs to amend their allegations to assert a new theory of corporate officer liability against Zuckerberg.
April 16, 2024
4th Circ. Slams Brakes On W.Va. Transgender Sports Ban

The Fourth Circuit on Tuesday put the clamps on a West Virginia law barring transgender athletes from competing on sports teams consistent with their gender identity, finding that the restriction it placed on a trans middle schooler violated Title IX civil rights protections and may also violate the U.S. Constitution.
April 16, 2024
Winston & Strawn Corporate Attorney Joins McGuireWoods

McGuireWoods LLP has added a corporate lawyer from Winston & Strawn LLP as a partner in its securities and capital markets team in Charlotte, North Carolina, the firm said Tuesday.
April 15, 2024
Tax Attys, Broker Peddled 'Financial Fantasy,' NC Jury Told

A North Carolina federal jury on Monday heard a series of secret recordings at the start of a tax fraud trial in which an insurance agent and a St. Louis attorney unwittingly pitched an undercover IRS agent on a way to decrease taxable income — or what the government characterized as a "financial fantasy."
April 15, 2024
4th Circ. Won't Let Borrower Pin Feds' Flub On Pa. Agency

The Fourth Circuit refused Monday to revive a lawsuit brought by a borrower alleging that a state student-loan-servicing agency's misrepresentations thwarted a loan forgiveness opportunity, with a panel reasoning that the organization was immune from the lawsuit.
April 15, 2024
Oil Co. Warns NC Justices Of 'Unfair' Results In Taking Case

An oil company and two other former plaintiffs from a settled state government land-taking proposed class action have warned the North Carolina Supreme Court that if the justices affirm an intermediate appellate ruling in a similar case, they would be reinforcing "unfair, unequal, disparate and divergent" treatment of property owners.
April 15, 2024
4th Circ. Upholds W.Va.'s Win In Coal Mine Cleanup Suit

The Fourth Circuit on Monday affirmed a West Virginia federal court's order ending developers' allegations that the state's environmental regulators' reclamation efforts at an old coal mining site constituted illegal dumping, finding the lower court correctly concluded the efforts are exempt from regulations prohibiting open dumps.
April 15, 2024
4th Circ. Affirms Timberland Boots' Trade Dress Bid Denial

The Fourth Circuit decided Monday that a Virginia federal judge correctly denied trade dress registration for Timberland's Icon Boot, saying in a published opinion the lower court did not err in concluding the design elements the company wanted to register were ineligible because they had not acquired distinctive meaning in consumers' minds.
April 15, 2024
Justices Won't Review ERISA Suit Over Heart Transplant

The U.S. Supreme Court has declined to review the Fourth Circuit's decision only partially reviving a suit brought by the mother of a deceased airline worker whose employer refused to cover his heart transplant surgery until after his death.
April 12, 2024
Republicans Warn CFPB Against Pursuing Arbitration Rule 2.0

Two Republican lawmakers are cautioning the Consumer Financial Protection Bureau against heeding calls for another rulemaking to restrict arbitration provisions in consumer financial contracts, warning that such an effort would be a "significant abuse" of the agency's authority.
April 12, 2024
Software Co. Hit With Patent Suit Over Data Tracker

A software developer has accused a rival of infringing patents that allow businesses to track a website user's browsing data without using third-party cookies, costing the developer profits.
April 12, 2024
Atrium Stakes Claim To Trust Of Prominent NC Textile Family

Atrium Health is looking to sack trustees currently standing in the way of the hospital system inheriting a substantial sum of money from one of North Carolina's most prominent families, saying the trustees have refused to pay its distributions and are hiding information.
April 12, 2024
NC Auto Parts Co. Settling Feds' Emissions-Cheating Claims

The U.S. government and a North Carolina auto parts seller are close to settling a lawsuit alleging the company sold equipment to overwrite vehicle emissions controls, according to a joint motion to stay the litigation so the two sides can finalize a deal.
April 12, 2024
Mogul Aims To Trace Part Of Alleged $35M Hack Payout To Atty

An airline mogul has doubled down on a bid to access the bank records of a North Carolina attorney and ex-FBI agent, saying those records will help "follow the money" to prove a large-scale hacking conspiracy against him that he claims involves a $35 million payout.
April 12, 2024
Chubb Unit Must Contribute To Fatal Crash Deal, Lowe's Says

A Chubb unit wrongly refused to contribute its $10 million policy limits to a settlement in a Texas state court suit over a crash involving a Lowe's employee that killed an infant and seriously injured the child's parents, the home improvement giant has told a North Carolina federal court.
April 11, 2024
State Rules Can't 'Obliterate' Federal Rights, Justices Told

The U.S. Supreme Court must clarify that states are categorically prohibited from requiring plaintiffs to exhaust local administrative remedies before pursuing claims that state officials violated federal rights, several Alabamans told the court Thursday, warning that state prerequisites obliterate federal rights.
April 11, 2024
Pool Co. Gets Rival's Assets Frozen After False Ads Verdict

A North Carolina federal judge on Thursday temporarily froze the assets of a Chinese manufacturer of pool products and its American subsidiary after they were hit with a multimillion-dollar verdict for false advertising and unfair business practices, citing a concern they may move assets to try and duck payment.
April 11, 2024
Insurer Drops Suit After Evidence Clears Stihl In Fire Case

Pennsylvania National Mutual Casualty Insurance Co. agreed Wednesday to drop a lawsuit in North Carolina federal court seeking to hold Stihl Inc. liable for fire damages at a policyholder's home after evidence showed a hedge-trimmer battery didn't cause the fire.

Expert Analysis

4 PR Pointers When Your Case Is In The News

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

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

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

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

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

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

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

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

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.
How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
Series

The Pop Culture Docket: Judge D'Emic On Moby Grape

The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
Series

Performing Music Makes Me A Better Lawyer

The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
Breaking Down High Court's New Code Of Conduct

The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
Opinion

Legal Profession Gender Parity Requires Equal Parental Leave

To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
Series

Writing Thriller Novels Makes Me A Better Lawyer

Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.