North Carolina

  • February 14, 2024

    Tax Cap Won't Smoke Philip Morris Credits, NC Justices Hear

    North Carolina's $6 million cigarette export tax cap only limits the credits that can be claimed in a year, not the amount of credit that can be generated, Philip Morris told the state justices Wednesday as it looks to ward off a potential $52.5 million loss.

  • February 14, 2024

    Fund Administrator Negligent In $9M Fraud, NC Justices Told

    A group of investors who were fleeced for nearly $9 million by a crooked hedge fund manager urged the North Carolina Supreme Court Wednesday to revive their negligence suit against the fund's administrator, arguing it blindly accepted whatever the manager said without verifying whether his investments were legitimate.

  • February 14, 2024

    French-Door Fridge Buyers Sue Whirlpool Over Broken Panels

    Refrigerator buyers claim Whirlpool Corp. designed its french-door fridges in such a way that causes the front-facing ice and water control panel to become totally useless, often resulting in an expensive repair or the consumer buying a new one, according to a complaint filed in Delaware federal court.

  • February 14, 2024

    Honeywell Misused Forfeited 401(k) Contributions, Suit Says

    Honeywell International has been unlawfully using ex-employees' forfeited 401(k) funds to offset its retirement plan contributions rather than covering plan expenses, according to a proposed class action filed in California federal court.

  • February 13, 2024

    LabCorp Sued Over Sharing Sensitive Health Info With Google

    The Laboratory Corporation of America shares sensitive health information and website browsing history with Google without patients' knowledge or consent, according to a proposed class action filed Tuesday in Pennsylvania federal court.

  • February 13, 2024

    Wireless Tech Co. Can't Get $12.5M Award OK'd At 4th Circ.

    The Fourth Circuit on Tuesday overturned the enforcement of a $12.5 million arbitral award issued in a trade secrets dispute between wireless technology companies, ruling in a published opinion that the lower court lacked jurisdiction under the U.S. Supreme Court's 2022 decision in Badgerow v. Walters.

  • February 13, 2024

    Hilton And Franchisee Defeat NC Sex Trafficking Suit

    A North Carolina federal judge on Tuesday threw out a suit by an anonymous accuser who says she was the victim of sex trafficking at a Hampton Inn, finding she did not allege in her complaint any wrongdoing under the Trafficking Victims Protection Reauthorization Act by the hotel's franchisee and its Hilton franchisor.

  • February 13, 2024

    4th Circ. Won't Upend Life Sentence Over Trump Phone Call

    The Fourth Circuit refused Tuesday to disturb the life sentence of a man convicted of murder and drug trafficking, holding that even if former President Donald Trump said he intended to commute the sentence during a phone call, that intent isn't enough.

  • February 13, 2024

    4th Circuit Sinks Golf Course's Suit Over Rezoning Bid

    The owner of Hilton Head National Golf Club in South Carolina won't get a shot at developing a mixed-use project on its property after a panel of appeals judges agreed with a lower court's ruling that halted the project.

  • February 13, 2024

    Insurance Co. Stock Fight Belongs In Del., NC Judge Rules

    A former partner in an insurance brokerage who alleges the company gave him a lowball offer to buy back his shares after he was fired should have brought his complaint in Delaware, a North Carolina Business Court judge has ruled in granting the brokerage's motion to dismiss.

  • February 13, 2024

    Real Estate Rumors: Ares Management, Somerset, MBS Group

    Ares Management has reportedly purchased a 14-building portfolio in New Jersey for $118.5 million, a Somerset Properties venture is said to have bought a North Carolina industrial building for $11 million, and MBS Group has reportedly leased 300,000 square feet in Queens.

  • February 13, 2024

    Wells Fargo, Ex-Exec Continue Bids To Win Bias Suit

    A Wells Fargo unit and one of its former investment directors are pushing their competing bids for summary judgment in a disability bias suit, each claiming there is evidence to support their arguments regarding why the director's termination occurred.

  • February 13, 2024

    Prior Sham Marriage Bars Immigration Bid, 4th Circ. Rules

    U.S. Citizenship and Immigration Services properly denied a Czech man's bid for lawful permanent residency status as the spouse of a U.S. citizen because his earlier marriage to another American woman was fraudulent, the Fourth Circuit ruled.

  • February 13, 2024

    Convicted NC Doctor Can't Get Recordings From Prosecutors

    A North Carolina federal judge on Tuesday rejected a doctor's attempt to force prosecutors to turn over recorded phone calls with a telemedicine provider, finding that the requested materials weren't relevant and that she was trying to "manufacture" a way to have her fraud conviction overturned.

  • February 13, 2024

    Carl Icahn Sets Sights On JetBlue, Scooping 10% Share

    Activist investor Carl Icahn has revealed in a securities filing that he has amassed a nearly 10% stake in JetBlue Airways, a disclosure that sent the airline's stock price soaring more than 20% on Tuesday. 

  • February 13, 2024

    $8.6M In Interest Added To Vivint Smart Home TM Case

    A North Carolina federal judge has given local security company CPI Security Systems Inc. about $8.6 million in prejudgment interest in a suit against smart home software company Vivint Smart Home Inc. over allegedly deceptive marketing tactics.

  • February 13, 2024

    Staffing Co. Sues NC Nursing Home Over Unpaid Invoices

    A North Carolina nursing home has stopped paying a healthcare staffing company for nurses it provided as part of a service contract, according to a federal lawsuit outlining more than $1 million in unpaid invoices.

  • February 13, 2024

    Pot Distributor Accuses 'Amazon Of Hemp' Of Breaking Contract

    A cannabis distribution company and a family farm are suing online retailer Mood Product Group LLC in North Carolina state court, saying Mood violated a distribution contract and took confidential information in a bid to cut its partners out of the supply chain.

  • February 12, 2024

    Real Estate Co. Asks NC High Court To Review Shutdown

    A real estate company wants the North Carolina Supreme Court to review a lower court's decision to block the company from operating in the state after finding that it fraudulently locked homeowners into high-interest loans.

  • February 12, 2024

    NC High Court Snapshot: Philip Morris Fights Tax Credit Limit

    North Carolina's top court will return in February from an extended hiatus to weigh whether a home healthcare company was correctly ejected from the state's Medicaid program, and if regulators were right to limit state export tax credits for tobacco giant Philip Morris.

  • February 12, 2024

    Trust Tells NC Biz Court To Oust Atrium From Inheritance

    The last will and testament of a member of one of North Carolina's most prominent textile families has come under scrutiny in the state Business Court, where the family's descendants have argued that Atrium Health shouldn't receive any distributions from a trust belonging to the matriarch's late grandson.

  • February 12, 2024

    Investigator's Atty Wants Mogul Sanctioned In Hacking Suit

    A North Carolina attorney is pressing a federal court to impose a nearly $120,000 sanction for documents demanded of him by an airline tycoon in his hacking lawsuit, arguing the production request was an "undue burden" with an "exorbitant" financial cost.

  • February 12, 2024

    Schools' $104M Aid-Fixing Deal OK'd, Vanderbilt Deal Coming

    An Illinois federal judge on Monday granted initial approval to a $104.5 million deal with Yale, Emory, Brown, Columbia and Duke in a proposed antitrust class action claiming that 17 universities conspired to limit student aid, with another settlement from Vanderbilt expected to hit the docket in the coming weeks.

  • February 12, 2024

    Martin Marietta Paying $2B For Blue Water Raw Materials Ops

    Cravath-advised building materials supplier Martin Marietta Materials Inc. said Monday it has agreed to buy 20 active aggregate operations across five states from Blue Water Industries LLC, represented by Wachtell Lipton, for $2.05 billion in cash. 

  • February 09, 2024

    Conn. Judge Guts Healthcare Staffing Co. Partnership Suit

    Citing a lack of subject matter jurisdiction, a Connecticut state court judge has dismissed most of a lawsuit alleging a healthcare staffing firm's part-owner plundered the business, concluding only a dissolution claim should survive.

Expert Analysis

  • Breaking Down High Court's New Code Of Conduct

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    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

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    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

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    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.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Earnout Contract Considerations After NC Good Faith Ruling

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    The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.

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