Novant Health kicked off its defense Tuesday in the Federal Trade Commission's $320 million merger challenge with testimony from its longtime CEO, who vocalized the health system's promise to reinvest in the two struggling hospitals at the center of the case.
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TOP NEWS

Novant CEO Vows To Improve Hospitals Facing FTC Scrutiny

By Hayley Fowler

Novant Health kicked off its defense Tuesday in the Federal Trade Commission's $320 million merger challenge with testimony from its longtime CEO, who vocalized the health system's promise to reinvest in the two struggling hospitals at the center of the case.

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Duke Energy Rival Stresses Holistic View Of Monopoly Suit

By Travis Bland

Duke Energy's contract snub and price drops reveal a bid to monopolize the North Carolina market when the conduct is viewed holistically rather than in piecemeal fashion, a rival told the Fourth Circuit on Tuesday in an attempt to revive antitrust claims.

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NC Firm Beats Appeal In Fee Fight With Fla. Client

By James Boyle

A North Carolina state appeals court on Tuesday affirmed a lower court's denial of a motion to dismiss a breach-of-contract lawsuit filed by Raleigh-based law firm Wilson Ratledge PLLC, agreeing the fee dispute with two Florida-based companies falls under the state court's jurisdiction.

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US Chemical Cos. Say Chinese Refrigerant Duties Are Wrong

By Alyssa Aquino

Domestic chemical companies called on the U.S. Court of International Trade to scrap new anti-dumping duties on Chinese hydrofluorocarbons, saying the duties were based on economic information from Romania, which allegedly doesn't produce a similar product.

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Contract's 1-Year Limit Doesn't Block NC Mold Claims

By Mike Curley

A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.

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FOURTH CIRCUIT

DOJ Tells High Court To Undo 4th Circ. OT Carveout Ruling

By Abby Wargo

Employers need only adhere to a less stringent standard in proving whether a worker is overtime-exempt, the U.S. Department of Justice told the U.S. Supreme Court Tuesday in support of the reversal of a Fourth Circuit ruling that sales workers didn't fit the carveout's guidelines.

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POLICY & REGULATION

85 Lawmakers Join Chorus Opposing Space Force Transfers

By Chart Riggall

A bipartisan group of 85 federal lawmakers on Tuesday joined all 50 state governors in opposing a proposal to allow Air National Guard units to be transferred to the U.S. Space Force without gubernatorial approval, arguing the measure would undermine "the integrity and longstanding mission of the National Guard."

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EXPERT ANALYSIS

Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling

As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.

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LEGAL INDUSTRY

Analysis

In Story Of Sex And Lies, Can Cohen Write Final Chapter?

By Phillip Bantz

The Manhattan District Attorney's Office has told a story of scandal and scheming to the jury in Donald Trump's criminal hush money trial, setting the stage for the prosecution's star witness to take the stand and wrap up the narrative.

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Ex-McElroy Deutsch CFO Cops To $1.5M Theft From Firm

By George Woolston

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer admitted Wednesday to embezzling more than $1.5 million from the firm and failing to pay income tax, New Jersey Attorney General Matthew J. Platkin announced.

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Lewis Brisbois Atty Fatally Shot In McDonald's Altercation

By Ryan Boysen

A Lewis Brisbois Bisgaard & Smith LLP attorney was fatally shot at a McDonald's in Houston after reportedly stepping in as a good Samaritan and attempting to calm down an irate customer who'd been arguing with staff at the fast food restaurant.

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Titan Of The Plaintiffs Bar: Lieff Cabraser's Kelly Dermody

By Irene Spezzamonte

A semester off from Harvard University in the late 1980s meant for reflection instead turned into a pivotal moment in Kelly Dermody's life, settling the roots for her successful career during which she has become a lighthouse for employment and discrimination cases.

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ABA Will Study Rape Questions' Necessity For Bar Applicants

By Cara Bayles

An American Bar Association commission will issue a report and recommendations by August on the practice of requiring would-be lawyers to disclose and discuss their experiences of sexual violence during the attorney licensure process.

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ABA Directs Attys To Avoid Sharing Client Info On Listservs

By Emily Sawicki

It is in the best interest of clients for their legal counsel to avoid sharing information related to representation while seeking advice in an online listserv forum, if the comments or questions could be connected to a client's identity, according to American Bar Association guidance published Wednesday.

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Ga. Appeals Court Will Review Trump DQ Bid In Election Case

By Kelcey Caulder

The Georgia Court of Appeals on Wednesday agreed to review a judge's ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting the election interference case she brought against former President Donald Trump.

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Fani Willis Is Outraising Primary Challenger More Than 5 To 1

By Chart Riggall

Less than two weeks from the first hurdle in her bid for reelection, Fulton County District Attorney Fani T. Willis is boasting a​​ campaign war chest more than five times heftier than her Democratic challenger's, according to campaign finance disclosures filed this week.

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Biden Picks US Magistrate Judge In Fla. For 11th Circ.

By Courtney Bublé

President Joe Biden announced Wednesday his intent to nominate U.S. Magistrate Judge Embry J. Kidd to the Eleventh Circuit.

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Robins Kaplan File Flub Bad Look For Both Sides, Panel Says

By Rachel Scharf

A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.

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NJ Justices Approve Measures For Helping Atty Well-Being

By Emily Johnson

The New Jersey Supreme Court has accepted several recommendations from its committee focused on attorney well-being, paving the way for the committee to examine how attorneys can briefly postpone court dates or possibly receive an extension to meet deadlines so they can handle pressing wellness needs.

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Legal Access Program Being Set Up For Separated Families

By Alyssa Aquino

The Biden administration has tapped the Acacia Center for Justice to manage a court-ordered legal access program to help migrant families stay in the U.S. after they were separated under a Trump-era policy to prosecute anybody caught entering the country unlawfully.

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Colo. Judges Urge Attys To Take On More Pro Se Cases

By Thy Vo

A group of Colorado federal judges tried Wednesday to recruit more lawyers to help pro se litigants, who file about a third of the district's cases each year, with the judges recounting tactical mistakes and case delays that attorneys could have prevented.

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LAW FIRMS IN TODAY'S NEWS

Aidala Bertuna

Bailey & Dixon

Bradley Arant

Buchalter APC

Caldwell Carlson

Cassidy Levy

Crowell & Moring

Ford O'Brien

Gibbons PC

Gibson Dunn

Griffin Durham

Hamberger & Weiss

Jenner & Block

Kellogg Hansen

Law Office of Timothy F. McGoughran

Lewis Baach

Lewis Brisbois

Lieff Cabraser

McElroy Deutsch

Melehy & Associates

Nelson Mullins

Outten & Golden

Parker Poe

Pierson Law LLC

Pillsbury Winthrop

Robins Kaplan

Robinson Bradshaw

Smith Anderson

Stein Sperling

Steptoe LLP

Sullivan & Cromwell

Troutman Pepper

Wheeler Trigg

Williams & Connolly

Wilson Ratledge

Zuckerman Spaeder

COMPANIES IN TODAY'S NEWS

American Bar Association

Atrium Health

BARBRI

Center for Justice

Dollar Tree Inc.

Duke Energy Corp.

Getty Images Inc.

Harvard University

Honeywell International Inc.

L'Oreal SA

LinkedIn Corp.

Los Angeles Rams

McDonald's Corp.

Mexichem S.A.B. de C.V

New Hanover Regional Medical Center

New Jersey State Bar Association

New York University

Novant Health Inc.

Public Broadcasting Service

Public Citizen Inc.

Sales Inc.

State Farm Mutual Automobile Insurance Co.

The Chemours Co.

The Goldman Sachs Group Inc.

The Leadership Conference on Civil & Human Rights

The State University of New York

Trump Organization Inc.

U.S. Chamber of Commerce

Walmart Inc.

Washington Legal Foundation

GOVERNMENT AGENCIES IN TODAY'S NEWS

Executive Office of the President

Federal Trade Commission

Georgia Supreme Court

Manhattan District Attorney's Office

New Jersey Supreme Court

U.S. Court of Appeals for the Fourth Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. Department of Labor

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Western District of New York

U.S. Postal Service

U.S. Senate

U.S. Supreme Court