North Carolina

  • August 27, 2024

    Perdue Says Jarkesy Sinks DOL's Whistleblower Process

    Perdue Farms Inc. has challenged the constitutionality of the U.S. Department of Labor's administrative proceedings for whistleblower complaints as it faces a retaliation complaint from a contractor.

  • August 27, 2024

    Wells Fargo Seeks To Scrap Ex-Worker's $22M ADA Verdict

    Wells Fargo urged a North Carolina federal court to upend a jury's $22.1 million verdict in favor of a former investment director who alleged he was laid off so the company wouldn't have to accommodate his paralyzed colon and bladder, arguing the evidence presented doesn't support jurors' conclusions.

  • August 27, 2024

    NY-Licensed Atty Tells Appeals Court NC Bar Can't Touch Him

    An immigration attorney has told the North Carolina Court of Appeals he can't be disciplined in a state where he was never licensed, saying the state bar's decision to disbar him should be reversed.

  • August 27, 2024

    Ford, NC Couple Settle Car Crash Dispute

    Ford Motor Company and a couple suing the auto giant over an allegedly defective seat and seat belt in their 2017 Ford Explorer have reached a confidential settlement of their claims, according to a recent North Carolina state court filing.

  • August 27, 2024

    Approach The Bench: Justice Earls On Speaking Out

    North Carolina Supreme Court Justice Anita Earls still believes in the importance of informing the public about the judiciary, but these days she's a little more careful about what she says.

  • August 26, 2024

    Pool Co. Secures $1.1M In Fees For False Ad Trial Win

    A North Carolina federal judge has granted $1.1 million in fees for attorneys from McCarter & English LLP and Womble Bond Dickinson who represented a swimming pool salt system supplier in a trial against a competitor, finding the case qualifies as exceptional since the opposing company acted "unreasonably."

  • August 26, 2024

    Ex-Ingersoll Rand Exec Could Be Stuck With Noncompete

    A Colorado state court judge expressed her doubts Monday that the former chief executive of a company acquired by industrial products giant Ingersoll Rand could avoid repercussions for joining the only firm named in a noncompete agreement he signed, saying the executive hadn't done nearly enough to show the contract was unenforceable.

  • August 26, 2024

    Sig Sauer Can't Depose Wife Again In $30M Pistol Defect Suit

    Sig Sauer won't get a second chance at deposing the wife of a man who's suing the firearm maker after his pistol allegedly discharged without warning, a North Carolina federal judge has ruled, saying the spouse is out of his jurisdiction.

  • August 26, 2024

    NC State '83 Basketball Champs Add TV Networks To NIL Suit

    Members of the 1983 North Carolina State basketball championship team, known as the Cardiac Pack, have added CBS and TNT to their lawsuit alleging their name, image and likeness were exploited by the National Collegiate Athletic Association and others to garner untold amounts during March Madness without the players seeing a dime.

  • August 26, 2024

    4th Circ. Won't Free Insurance Mogul From $524M Judgment

    Convicted insurance mogul Greg Lindberg was dealt a blow by the Fourth Circuit on Monday when the court found that he was liable for a $524 million arbitration award stemming from a fight over a reinsurance agreement with an insurer.

  • August 26, 2024

    Cadwalader Fears Unsealing Financial Info May Harm Firm

    Cadwalader Wickersham & Taft LLP has argued in North Carolina Business Court that unsealing financial details related to a November 2022 data breach and its insurance policy with a Lloyd's of London syndicate would put the firm at further risk from competitors and bad actors.

  • August 23, 2024

    Biotech Co. In Wrongful Death Suit Over Destroyed Embryo

    A manufacturer of oil used in the in vitro fertilization process has been hit with a number of federal lawsuits filed by couples who claim defects in the oil destroyed their embryos, with the most recent suit seeking wrongful death damages and asserting that "the right to life" begins at "fertilization."

  • August 23, 2024

    Real Estate Recap: Key Cases, Proptech Pain, RealPage Suit

    Catch up on the past week's key developments by state from Law360 Real Estate Authority — including the residential real estate cases to watch in 2024's second half, proptech's recent funding lapse and long-term potential, and a new lawsuit from the U.S. Department of Justice against property management software company RealPage.

  • August 23, 2024

    PE Fund Says SEC Is Overstepping With 'Fishing Expedition'

    A large South Carolina private equity fund has sued the U.S. Securities and Exchange Commission for allegedly overstepping its authority by trying to regulate the business' activities through an unconstitutional "fishing expedition" investigation that threatens the building of thousands of housing units.

  • August 23, 2024

    NC Justice Dept. Atty's Promotion Bias Suit Cleared For Trial

    The North Carolina Department of Justice will face an attorney's race and sex discrimination claims at trial after a federal judge rejected the agency's bid for summary judgment, finding that a dispute remains about whether there was a legitimate reason for not promoting her.

  • August 23, 2024

    NY Lawmakers Hit With ADA Suit Over Contentious Mask Ban

    A Long Island, New York, county that recently made it illegal for certain individuals to wear face masks in public has been hit with a lawsuit by a legal advocacy group alleging the ban discriminates against people with disabilities.

  • August 23, 2024

    NC Not Shielded From Racetrack's COVID Shutdown Suit

    The North Carolina Supreme Court on Friday ruled a racetrack owner's lawsuit accusing state officials of violating his constitutional rights with a COVID shutdown order can survive dismissal, reasoning the claims were sufficient to overcome the government's protections from being sued.

  • August 23, 2024

    Intended Financial Harm Counts In Sentencing, 4th Circ. Says

    A split Fourth Circuit panel on Friday upheld a South Carolina woman's 30-month sentence for filing false tax returns and making false statements on applications for Paycheck Protection Program loans, finding that a sentencing range can be calculated using the total amount of intended financial harm.

  • August 23, 2024

    Ga. Worker Received Lewd Pics From Boss's Son, Suit Says

    An Atlanta-area industrial machinery manufacturer was hit with a sex discrimination lawsuit by an employee who says she was berated by her boss after reporting the boss' son for sexual harassment.

  • August 23, 2024

    HVAC Co. Nets $3 Damages Award Against Sanctioned Ex-VP

    A heating, ventilation and air-conditioning company that won its trade secrets suit against a former vice president by default will get just $3 in damages after the North Carolina Business Court found it failed to prove any lost profits or malicious intent sufficient to support the requested seven-figure award.

  • August 23, 2024

    Williams Mullen Rehires Ellis & Winter Atty In NC

    Williams Mullen has brought back a former associate, who is rejoining the firm's Raleigh, North Carolina, team as a partner to work on a range of commercial real estate-related matters.

  • August 23, 2024

    DOJ Sues RealPage For Helping Fix Rental Rates

    The U.S. Department of Justice filed an antitrust lawsuit Aug. 23 accusing RealPage of helping residential landlords across the country fix rental prices through the use of its revenue management software.

  • August 22, 2024

    Williams-Sonoma Infringes Fabric TMs, Michigan Co. Claims

    A supplier of moisture-resistant textiles and fabric treatments sued Williams-Sonoma Inc. in Michigan federal court Thursday, alleging the retailer is infringing three trademarks with its Pottery Barn furniture.

  • August 22, 2024

    NC Hot Rod Shop Owner Admits To Not Paying $2M In Taxes

    A North Carolina automotive business owner has pled guilty to failing to pay more than $2 million in employment taxes and not filing employment tax returns, the U.S. Department of Justice announced Thursday.

  • August 22, 2024

    Feds Seize $5M In Crypto 'Pig Butchering' Scams

    Federal prosecutors in North Carolina snagged nearly $5 million in cryptocurrency that they said on Thursday came from crooks masquerading as lovers, luring starry-eyed paramores into phony investments, in what's known as a "pig butchering" scam.

Expert Analysis

  • What Junk Fee Law Means For Biz In California And Beyond

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    Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • What The FTC Report On AG Collabs Means For Cos.

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    The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.

  • When Oral Settlements Reached In Mediation Are Enforceable

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    A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Perspectives

    Public Interest Attorneys Are Key To Preserving Voting Rights

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    Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Airlines Must Prepare For State AG Investigations

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    A recent agreement between the U.S. Department of Transportation and 18 states and territories will allow attorneys general to investigate consumer complaints against commercial passenger airlines — so carriers must be ready for heightened scrutiny and possibly inconsistent enforcement, say attorneys at Morgan Lewis.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Opinion

    Climate Change Shouldn't Be Litigated Under State Laws

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    The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.

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