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North Carolina
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April 16, 2025
Former NC Utilities Commission Chair Joins McGuireWoods
McGuireWoods LLP announced Wednesday that the former chair of the North Carolina Utilities Commission is the latest addition to its energy regulatory and enforcement teams.
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April 16, 2025
More Students Sue Over Scrapped Foreign Student Records
More than 130 international students accused the U.S. Department of Homeland Security of abruptly and unlawfully terminating digital visa compliance records, saying in a complaint filed in Georgia federal court that the data deletion puts them at risk of arrest, detention and deportation.
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April 15, 2025
Seller Of NC Concrete Co. Cements Midtrial Victory
A North Carolina federal judge has cut short a jury trial in which the former owner of a concrete business in the state was accused of manipulating financial records to sell her company, siding with the defense in a directed verdict after the plaintiffs rested.
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April 15, 2025
39 AGs Urge Congress To Ban PBM Pharmacy Ownership
A bipartisan coalition of attorneys general have urged congressional leadership to pass legislation banning pharmacy benefit managers, their parent companies and affiliates from owning and operating pharmacies in order to boost competition and fairness.
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April 15, 2025
McGuireWoods Immune From Defamation Case, NC Panel Told
McGuireWoods LLP and a former partner have told a North Carolina state appeals court that they have absolute privilege over allegedly defamatory statements made in connection with an investigation into the former CEO of a managed care organization, arguing that the trial court should have granted them a pretrial win.
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April 15, 2025
4th Circ. Overturns Fee Award In Maryland Wage Dispute
The Fourth Circuit upended an order awarding lower-than-requested fees to attorneys representing workers in an unpaid overtime lawsuit against a nail salon, ruling Tuesday that a lower court was wrong to give so much authority to Maryland hourly rate guidelines.
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April 15, 2025
Phillies Say Stats Co. Halted Contract Amid Exclusivity Suit
The Philadelphia Phillies added a breach claim to a lawsuit that accuses the owners of a baseball statistics and analytics program of trying to sell a system it was hired to develop exclusively for the Major League Baseball team.
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April 14, 2025
Covington, Latham Guide In Lowe's $1.3B Artisan Design Buy
Lowe's, advised by Covington & Burling LLP, has entered a definitive agreement to buy Dallas-based interior finishing company Artisan Design Group for more than $1.3 billion, expanding the reach of the American home improvement retail giant's professional services, dubbed Lowe's Pro, Lowe's announced Monday.
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April 14, 2025
BofA Ordered To Pay FDIC $540M For Underpaid Premiums
A Washington, D.C., federal court has ruled that Bank of America must pay the Federal Deposit Insurance Corp. more than $540 million plus interest for underpaying its deposit insurance premiums, ending an eight-year-long case whose resolution was delayed in light of the U.S. Supreme Court's Loper Bright decision overturning federal agency rulemaking deference.
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April 14, 2025
4th Circ. Partly Backs $3.8M Award In 'Dickensian' Lease Row
The Fourth Circuit on Monday partly affirmed and partly vacated a $3.8 million costs and fees award stemming from a soured lease agreement for a commercial building in Baltimore, potentially concluding more than 14 years of what the panel described as "Dickensian litigation."
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April 14, 2025
7th Circ. Won't Transfer Honeywell Pension Suit To NC
The Seventh Circuit turned down Honeywell's bid to transfer a retiree's proposed class action alleging pension plan miscalculations from Illinois to North Carolina, finding the aerospace manufacturer's request for extraordinary appellate court relief was not justified.
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April 14, 2025
4th Circ. Asked To Rethink Credit Union's Liability In Scam
A metal fabricator asked the full Fourth Circuit to rethink a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle the fabricator out of $560,000, saying the majority should have deferred to the district court's findings about the scheme.
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April 14, 2025
FTC Joins DOJ In Targeting Anticompetitive Regulations
The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.
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April 14, 2025
Ex-GC's Retaliation Claim Survives Early Exit Bid In ADA Case
A North Carolina federal judge has ruled that a former associate general counsel at a historically Black college in North Carolina can pursue a retaliation claim, but not a discrimination claim, in her Americans with Disabilities Act suit alleging she was fired after seeking accommodation for her disability.
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April 14, 2025
Military Voters Say Ballots Should Count In NC High Court Race
Military and overseas voters registered in North Carolina are mounting a constitutional challenge to a Republican judge's efforts to discount their ballots, filing a federal lawsuit Monday just as the Democratic incumbent lost her bid to halt the ballot corrections process.
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April 11, 2025
NC Judge Keeps Bulk Of Win In High Court Ballot Fight
North Carolina's highest court on Friday largely let stand a lower appeals court ruling siding with the Republican challenger in the state's still-undecided Supreme Court race, declining to throw out ballots based on incomplete registrations but still drawing scathing rebukes from two justices who said their colleagues were rushing to a decision "in the dark of night."
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April 11, 2025
Real Estate Recap: Private Credit, CMBS, Algorithmic Pricing
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including fresh takes on the rise in private credit, a surge in commercial mortgage-backed securities, and the wave of algorithmic pricing laws in the rental market.
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April 11, 2025
GAO Backs Feds' Setback, Co-Location Terms In Lease Deal
The U.S. Government Accountability Office said the General Services Administration reasonably set colocation and setback requirements in a request for lease proposals to house several agencies in one Wilmington, North Carolina, building, denying a protest that challenged the terms as unnecessary and overly restrictive.
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April 11, 2025
3M Fights 4th Circ. Bid To Undo Removal Of PFAS Suits
Lawsuits accusing 3M Inc. of "forever chemical" contamination of Maryland and South Carolina waterways should be kept in federal court, the company has argued, urging the Fourth Circuit to decline the states' request for full panel review.
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April 11, 2025
NC AG Can't Shield Most Merger Review Docs, Judge Holds
The North Carolina Attorney General's Office can't shield a host of internal records pertaining to its review of a 2019 hospital merger at the center of a compliance case, a state court judge has said, finding "only a few" records constitute protected attorney-client communications or work product.
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April 11, 2025
Landlords Look To Exit DOJ's RealPage Antitrust Case
The residential building owners accused by federal and state enforcers of violating antitrust law through their use of RealPage's software to set rental prices told a North Carolina federal court it's not against the law for companies to use the same software.
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April 11, 2025
Duke, UNC Football Players Sue NCAA Over Eligibility Waivers
Four football players from Duke and the University of North Carolina at Chapel Hill filed two separate lawsuits in North Carolina Business Court on Friday after the NCAA denied their requests for another year of eligibility, adding to the growing list of plaintiffs protesting the organization's eligibility rules.
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April 11, 2025
NC Judge Whittles PVC Pipe Co.'s Trade Secrets Suit
A state court judge has scaled back PVC pipe-maker Atkore International Inc.'s suit accusing a former high-level executive of taking valuable information to a competitor, greenlighting the company's claim for trade secrets' theft but rebuffing its noncompete as unenforceable.
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April 11, 2025
Outlet Chain Says NC Court Ruling Allows COVID Coverage
A retail outlet chain asked a North Carolina state court to find it had coverage for more than $50 million in pandemic losses, citing a recent state Supreme Court ruling holding that the insuring phrase "direct physical loss" included loss of property use due to COVID-19 public health orders.
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April 11, 2025
4th Circ. Says Noncitizen Can't Evade Removal Over Theft
The Fourth Circuit said petit larceny is a crime of moral turpitude that makes a noncitizen ineligible to avoid deportation, holding there was "solid ground" to deny a Mexican national's attempt to evade removal based on her 2011 conviction for petit larceny.
Expert Analysis
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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NC Ruling Takes Practical Approach To Duty-To-Defend Costs
In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.