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North Carolina
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May 07, 2025
Chemours Pans 'Perplexing' Patent Claim In Distribution Row
The Chemours Co. FC LLC has ripped a competitor's amended antitrust suit against it and its distributor for adding a "perplexing claim" for a declaratory judgment that the chemical company does not have any patents on a refrigerant, arguing that patents are a matter of public record and that the suit should be tossed.
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May 07, 2025
NC Top Court Candidate Concedes After 6-Month Showdown
Republican candidate Judge Jefferson Griffin on Wednesday conceded the North Carolina Supreme Court race to Democratic incumbent Justice Allison Riggs on the heels of a federal judge's decision declaring his efforts to retroactively invalidate votes unconstitutional.
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May 06, 2025
DC Circ. Sides With BofA In COVID Market Loss 'Uphill Battle'
The D.C. Circuit on Tuesday refused to revive a Bank of America client's suit claiming the bank should've tried to stop him from dumping his investments when the market tanked at the beginning of the pandemic, finding the bank is shielded by an investment contract and calling his claims an "uphill battle."
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May 06, 2025
Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told
A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.
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May 06, 2025
NC Staffing Biz Hits Ch. 11 After Scuttled Merger And Delisting
Five affiliates of a North Carolina staffing company have filed for Chapter 11 bankruptcy protection, listing debts of up to $100 million after a planned merger fell through and its stock was delisted.
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May 06, 2025
4th Circ. Flags Possibly New Arguments In Severed-Foot Case
A Fourth Circuit judge on Tuesday suggested a North Carolina farm had sandbagged a federal district court judge by raising arguments on appeal that weren't fleshed out for the lower court in an effort to overturn a $2.5 million jury verdict favoring a worker who lost his foot to a grain silo auger.
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May 06, 2025
4th Circ. Affirms Win For Ariz. Law Firm In 'Sham' TCPA Suit
The Fourth Circuit on Tuesday upheld a lower court's decision to vacate a $2 million jury award against a Phoenix-based law firm, saying the dozens of Telephone Consumer Protection Act cases the firm brought against a student loan servicer shouldn't be considered "sham litigation" as the jury initially held.
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May 06, 2025
Tennis Players Push For Cert. In NCAA Prize Money Battle
College tennis players are again seeking class certification in their lawsuit against the National Collegiate Athletic Association over its prize money restrictions, pushing back on the organization's arguments that the case is too flimsy and anecdotal.
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May 06, 2025
Army Base Teachers' Unions Sue Trump Over Executive Order
Unions representing schoolteachers on military bases have sued President Donald Trump, the U.S. Department of Defense and the U.S. Office of Personnel Management over a March executive order aimed at stripping them of their bargaining rights, asking a Washington, D.C., federal judge to invalidate the directive.
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May 06, 2025
4th Circ. Hears Towers Watson's Bump-Up Exclusion Appeal
The Fourth Circuit seemed skeptical Tuesday that Towers Watson's settlement of shareholder litigation was not an effective increase in deal compensation barred by a so-called bump-up exclusion in its directors and officers policies.
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May 06, 2025
State Officials Say CFPB Is Holding Up $4.2M Redress Checks
Officials from a dozen states have accused the Consumer Financial Protection Bureau of ghosting them on a $4.2 million redress plan for former students of a shuttered sales-training firm, saying the agency has not cut any checks and is not answering them.
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May 06, 2025
TV Producer Gets 18 Months For Embezzlement, Fraud
The producer of a yet-to-be-released thriller television series was sentenced to 18 months in prison Tuesday after pleading guilty to defrauding the show's main financial backer.
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May 06, 2025
Mayer Brown Adds Real Estate Finance Atty In Charlotte, NC
An attorney specializing in commercial real estate financing has recently moved her practice to Mayer Brown LLP's office in Charlotte, North Carolina, after more than 10 years with Dechert LLP.
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May 06, 2025
4th Circ. Seems Split On BofA's Post-Merger Tax Offset Claims
The Fourth Circuit seemed split Tuesday on whether Bank of America should be able to use its tax overpayments to offset interest on tax underpayments by companies that merged into it, with one judge pressing the government to respond to what he described as the bank's "common sense" argument in the $163 million case.
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May 06, 2025
NC Judge Loses Ballot Battle Win In Top Court Race
A North Carolina federal judge said the state Supreme Court's order requiring the state board of elections to "cure" the ballots of thousands of voters whom that high court retroactively deemed ineligible to vote was unconstitutional, reversing a win in a close race for a seat on its bench.
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May 06, 2025
Genworth Urges 4th Circ. To Decertify 'Fractious' 401(k) Class
Genworth Financial asked the Fourth Circuit to disband a class of 4,000 retirement plan members who said underperforming BlackRock target-date funds ate into their savings, saying each class member's situation would require individualized review.
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May 05, 2025
4th Circ. Seems Split On Fight Over DOGE's Data Access
The Fourth Circuit on Monday seemed poised for another split on letting the government share citizens' personally identifiable information with Elon Musk's Department of Government Efficiency, with a line of questioning that parroted their earlier division over pausing the trial court's injunction blocking DOGE from accessing that data.
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May 05, 2025
Are Circuits Suddenly Split 11-1 Over Forum Selection Fights?
Holy split! That exclamation would be a reasonable reaction to a new and lopsided divide described by industrial giant Honeywell, which contends that the Seventh Circuit abruptly and erroneously broke with all its sister circuits regarding enforcement of forum selection clauses.
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May 05, 2025
Judge Backs Biden-Era Protections For H-2A Farmworkers
A North Carolina federal judge tossed a challenge to a Biden-era regulation that enhanced the organizing rights of seasonal farmworkers with H-2A visas, saying Monday that the U.S. Department of Labor didn't act arbitrarily and capriciously when it issued the regulation.
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May 05, 2025
Jeld-Wen Tells 4th Circ. No More Need For Factory Sale
Jeld-Wen Inc. urged the Fourth Circuit to undo a landmark order forcing it to sell a manufacturing plant, saying a divestiture is no longer needed because the rival door maker that sued is no longer at risk of going out of business.
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May 05, 2025
NC AG Vies To Force MV Realty CEO To Cooperate With Probe
North Carolina Attorney General Jeff Jackson urged a state court to force Antony Mitchell, the CEO of real estate brokerage MV Realty, to cooperate with his office's investigative demand order relating to a home-selling agreement offered by another one of Mitchell's companies, the state's Department of Justice announced Monday.
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May 05, 2025
IHOP Franchisee, Ex-Server End Sex Harassment Suit
A North Carolina federal judge agreed to dismiss a legal battle between an IHOP franchisee and a former server who said she was fired for rejecting a manager's sexual advances, as the parties had said a previous ruling from another judge doomed the worker's suit.
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May 05, 2025
2nd Circ. Finds Lack Of Atty At Hearing Not Basis For Appeal
The Second Circuit said Monday that a former IT worker at an unidentified New Jersey law firm who pled guilty to fraud had no right to a court-appointed attorney under the Sixth Amendment for a postjudgment hearing over substituting an asset to satisfy a forfeiture order.
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May 05, 2025
Veterans Look To Bar Firm's Contacts With Potential Class
Veterans urged a North Carolina federal judge to bar a consulting firm from contacting potential class members about litigation accusing the firm of charging illegal fees, saying it has emailed tens of thousands of them asking to help with the firm's defense.
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May 05, 2025
Enviro Groups Push Back On Bid To Toss CSX Rebuild Suit
Environmental groups American Whitewater and American Rivers are fighting bids by U.S. government agencies and CSX Transportation Inc. to throw out their claims that the agencies wrongly permitted CSX to rebuild chunks of its railroad destroyed by Hurricane Helene, saying the complaint is sufficient to allege the agencies acted arbitrarily and capriciously.
Expert Analysis
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End May Be In Sight For Small Biz Set-Aside Programs
A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Inside State AGs' Arguments Defending The CFPB
Recent amicus briefs filed by a coalition of 23 attorneys general argue that the Trump administration's efforts to dismantle the Consumer Financial Protection Bureau will irreparably harm consumers in several key areas, making clear that states are preparing to fill in any enforcement gaps, say attorneys at Kelley Drye.