North Carolina

  • 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.

  • February 09, 2024

    Biden Admin. Seeks Suppliers For Major Clean Energy Deals

    The Biden administration is looking for contractors to provide clean electricity to civilian and defense agencies in the mid-Atlantic and Midwest states for what it says will be one of the federal government's "largest-ever clean electricity purchases."

  • February 09, 2024

    FSU Board Demands Dismissal Of ACC's Preemptive Suit

    Florida State University is pushing for the dismissal of the Atlantic Coast Conference's North Carolina state lawsuit, saying it was prematurely filed to preempt the university's own suit against the conference, in an attempt to win a "race to the courthouse" and in violation of the conference's own rules.

  • February 09, 2024

    HHS Sued Over $12M Bill After Lengthy Claim Review

    A North Carolina pain clinic has accused the U.S. Department of Health and Human Services of unconstitutionally delaying the review of insurance reimbursement claims, sticking the practice with the $12 million bill, including for legitimate services.

  • February 09, 2024

    NC Committee Open To More Transparent Discipline Process

    A North Carolina legislative committee tasked with taking a closer look at the State Bar's grievance process seemed open on Friday to giving attorneys facing discipline greater access to information while they're under investigation, a process that's currently cloaked in confidence.

  • February 09, 2024

    NC Court Won't Halt Immigration Atty's Disbarment

    The North Carolina Court of Appeals has declined to halt the disbarment of an immigration attorney accused of misusing client funds, over the lawyer's objections that he's licensed by the New York bar and therefore can't be disciplined by Tar Heel State watchdogs.

  • February 08, 2024

    Dechert Pushes To Deep-Six Hacking Cover-Up Suit

    Dechert LLP, its former white collar practice leader and others on Thursday urged a New York federal judge to find that alleged concealment of a hacking campaign to discredit a critic of a firm client isn't enough to support a civil Racketeer Influenced and Corrupt Organizations Act case.

  • February 08, 2024

    Insurer Says Policy Won't Cover $1.3M Title Agency Defense

    An insurer wants a North Carolina federal court to rule that a policy excludes defending a title insurance agency in an underlying lawsuit alleging the agency worked with an unapproved and financially questionable law firm, costing an underwriter at least $1.25 million.

  • February 08, 2024

    DuPont Spinoffs Can't Escape PFAS Suit In NC

    The North Carolina Business Court ruled Wednesday that spinoff companies of DuPont have to pay up if the legacy business is found liable for contaminating the environment with "forever chemicals" in a lawsuit brought by the state attorney general.

  • February 08, 2024

    Providers Can't Appeal Medicaid Expulsion, NC Justices Told

    North Carolina's health department urged the state supreme court not to take up an appeal by two at-home care providers that were kicked out of the state's Medicaid program, saying their case doesn't concern an area of public interest or otherwise involve significant legal principles meriting review by the state justices.

  • February 08, 2024

    Drugmaker Challenges W.Va. Abortion Ban In 4th Circ.

    GenBioPro, which makes generic mifepristone, a drug used to end early pregnancies, is urging the Fourth Circuit to reverse a lower court's finding that West Virginia's ban on most abortions is not an unconstitutional obstacle to federal law. 

  • February 08, 2024

    Philips Rival Seeks Interest After Treble Damages Award

    A medical equipment supplier that nabbed treble damages against Philips Medical Systems after a split verdict in a wide-ranging copyright and unfair competition case is now asking for at least six figures in interest, despite a judge previously denying a similar request by Philips.

  • February 07, 2024

    Video Game Effects Co. Ends Patent Suit With Ubisoft

    A Texas video game developer told a North Carolina federal court Tuesday it has agreed to end a lawsuit accusing French company Ubisoft of infringing a pair of patents, about a year after the patent owner lost an appeal in a similar case against Activision Blizzard.

  • February 07, 2024

    NC Public Housing Exec Gets Prison In Bid-Rigging Scheme

    A county housing director in North Carolina was sentenced Wednesday to 30 months in prison after she pled guilty to a conspiracy charge stemming from a scheme to funnel public housing contracts to her friends and family, prosecutors said.

  • February 07, 2024

    GOP Lawmakers, AG Spar Over NC Abortion Medication Limits

    The North Carolina attorney general and state Republican lawmakers battled over a physician's bid to block the state's restrictions on the abortion medication mifepristone, with the attorney general arguing the limitations upset the "careful balance" the federal government has reached in regulating the drug.

  • February 07, 2024

    Duke Energy Rates Undercut NC Solar Incentives, Court Told

    Green groups on Wednesday urged the North Carolina Appeals Court to undo the state's revised energy rates for residents with rooftop solar power, saying state regulators glossed over a key step by failing to investigate the costs and benefits of solar before making their final call.

  • February 07, 2024

    Refrigeration Co. Can't Put ESOP Valuation Suit On Ice

    An industrial refrigeration company can't avoid a former executive's suit alleging it mismanaged an employee stock ownership plan by grossly undervaluing the business, after a North Carolina federal judge ruled he could still sue on behalf of the plan even if he's no longer a trustee.

  • February 07, 2024

    Ward & Smith Nabs $170K Fee In NC Trade Secrets Fight

    North Carolina's business court awarded Ward & Smith PA nearly $170,000 in fees for representing medical equipment providers in a trade secrets fight, finding its attorneys' rates were reasonable but shaving about $20,000 off their original request for lumping hours together on timesheets.

  • February 07, 2024

    4th Circ. Won't Chip Away At Frito-Lay's Win In ADA Suit

    The Fourth Circuit refused Wednesday to reinstate a lawsuit brought by a former Frito-Lay manager who said she was fired for asking to work from home during the COVID-19 pandemic, finding she failed to rebut the company's argument that she was cut loose for violating company policy.

  • February 07, 2024

    NY-Licensed Atty Says NC Bar Lacks Power To Disbar Him

    A New York-licensed immigration attorney has urged the North Carolina Court of Appeals to stay a disciplinary order disbarring him for embezzlement, saying the state bar can't discipline him because he's not licensed there.

  • February 07, 2024

    Camp Lejeune Plaintiffs Can't Get Jury Trial In Water Suit

    A group of North Carolina federal judges overseeing the Camp Lejeune contaminated-water litigation have struck the plaintiffs' bid for a jury trial, finding the Camp Lejeune Justice Act does not clearly and affirmatively grant a right to a jury trial in an action against the government.

  • February 07, 2024

    NC Panel Reverses Doctor's Malpractice Coverage Win

    The North Carolina Court of Appeals reversed a trial court’s decision that found a doctor was entitled to defense coverage under his medical malpractice policy for a state medical board investigation, ruling that the doctor failed to timely notify the insurer of the investigation and therefore did not deserve coverage.

Expert Analysis

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • How Executives' Deposition Standards Can Differ

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    The recent Trustees of Purdue University v. Wolfspeed Inc. decision granting a motion on a protective order for a high-level witness shows how courts can vary in the application of the apex doctrine and analysis under Rule 26 of the Federal Rule of Civil Procedure, say Genevieve Halpenny and John Cook at Barclay Damon.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • DeFi Enforcement Is Growing, Despite CFTC Dissonance

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    The U.S. Commodity Futures Trading Commission’s recently settled actions against operators of three decentralized finance protocols appear to be part of an enhanced enforcement push, though commissioners don’t agree on how to promote constructive regulation, say Michael Philipp and Sarah Riddell at Morgan Lewis.

  • Considerations And Calculations For DOJ Clawback Program

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    The U.S. Department of Justice’s clawback pilot program announced earlier this year presents numerous questions for businesses, and both hypothetical and recent real-world examples capture how companies’ cost-benefit analyses about whether to claw back compensation in exchange for penalty reductions may differ, say Yogesh Bahl and Jonathan Hecht at Resolution Economics.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Autonomous Vehicles Must Navigate Patchwork Of State Regs

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    With only modest action by the federal government on the autonomous vehicle regulatory front in 2023, states and localities remain the predominant source of new regulations affecting AVs — but the result is a mix of rules that both help and hinder AV development and adoption, say attorneys at Faegre Drinker.

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