North Carolina

  • January 24, 2024

    Accused Fraudster Hurting Policyholders, NC Justices Told

    Four insurers told the North Carolina Supreme Court that a former insurance mogul facing criminal fraud charges is still running his businesses, contrary to a contract and lower court order, renewing their request for clarity on what parts of an appellate court's opinion the high court will review.

  • January 24, 2024

    2 Providers Ask NC High Court To Reverse Medicaid Expulsion

    Two at-home care providers kicked out of the Medicaid program in North Carolina asked the state Supreme Court on Tuesday to reverse the decision, contending a state agency failed to follow its own rule for determining the accuracy rate of their claims for payment.

  • January 24, 2024

    Shook Hardy Denied $3M In Atty Fees After $189M TM Verdict

    A team of Shook Hardy & Bacon LLP attorneys who represented a home security company in a stunning $189 million trademark win can't get their hands on an additional $3 million in attorney fees, a North Carolina federal judge has ruled, even if the law allows it.

  • January 23, 2024

    Former Execs Must Scale Back Biz Amid Trade Secrets Suit

    The North Carolina Business Court has curbed the business activities of two former presidents of a property restoration company after finding their former employer had given a good case for proprietary information theft and violations of a noncompete agreement.

  • January 23, 2024

    Workers Want Atty Sanctioned For Trying To Duck Judgment

    A group of workers who won roughly $840,000 in back wages and damages asked a North Carolina federal court to sanction their employer's attorney for leveling what they described as baseless attacks against their counsel and to deny the company's bid to escape the unpaid wage judgment.

  • January 23, 2024

    ​​​​​​​'Two-Step' Bankruptcies Abuse Law, AGs Tell Justices

    Attorneys general from 24 states and the District of Columbia told the U.S. Supreme Court on Monday that divisional mergers that manufacture jurisdiction for bankruptcy purposes shouldn't be allowed, writing in an amicus brief that Georgia-Pacific asbestos unit Bestwall employed the tactic to shield the parent from liability.

  • January 23, 2024

    NC Poultry Plant Sanctioned For Last-Minute Document Dump

    The North Carolina Business Court has sanctioned a chicken plant for disclosing key evidence on the eve of an insurance fraud trial stemming from a 2017 fire, finding the late document dump was caused by "extreme negligence."

  • January 23, 2024

    4th Circ. Leery Of Mogul's Bid To Dodge $524 Award

    The Fourth Circuit appeared poised to enforce a $524 million judgment against a besieged North Carolina insurance mogul battling allegations he's sidestepping the massive award, with the judges questioning how a guaranty signed by the mogul doesn't require him to pay an insurer.

  • January 23, 2024

    4th Circ. Unravels RV Park Win In Housing Discrimination Suit

    A Fourth Circuit panel unanimously decided Tuesday to rescind a Virginia RV park's summary judgment win in a housing discrimination suit from immigrant families who challenged the park's policy requiring residents to show proof of their legal status.

  • January 23, 2024

    Camp Lejeune Plaintiffs Want Trials Grouped By Diseases

    The plaintiffs in the Camp Lejeune toxic water lawsuit are asking a North Carolina federal court to consolidate upcoming trials based on the diseases the plaintiffs say they contracted as a result of the water contamination, saying this will reduce the time and resources necessary to hear their claims against the U.S. government.

  • January 23, 2024

    4th Circ. Skeptical Of Fired CBD User's Disability Bias Suit

    The Fourth Circuit on Tuesday appeared dubious of reviving a North Carolina worker's suit claiming she was wrongly fired from a real estate development firm after testing positive for marijuana, as her counsel struggled at times to find answers to the judges' questions.

  • January 23, 2024

    Former NC Chief Judge Picked To Direct Federal Judiciary

    Senior Judge Robert J. Conrad Jr. will soon take over as the new director of the office that administers the federal court system, according to a Tuesday announcement.

  • January 23, 2024

    DOJ Digging Into $8B Six Flags-Cedar Fair Merger

    Six Flags and Ohio-based amusement park peer Cedar Fair revealed in regulatory filings Tuesday that the U.S. Department of Justice is looking more closely into their planned $8 billion merger, with the DOJ sending a second request for information as part of its review.

  • January 22, 2024

    Ex-Seattle Law Prof. Says Univ. Spread False Racism Claims

    A former visiting professor at the Seattle University School of Law has lobbed a defamation suit against the private university in Washington state court, claiming it failed to set the record straight after an investigation did not substantiate anonymous student allegations that he spouted racist, sexist and anti-LGBTQ remarks.

  • January 22, 2024

    BofA Invokes 'Mayhem,' Fowl Odors In Preemption Battle

    Bank of America NA has warned the U.S. Supreme Court that the court risks unleashing "mayhem" on national banks in the form of a host of intrusive state regulatory requirements if it sides with a group of New York mortgage borrowers who sued the bank for unpaid escrow interest.

  • January 22, 2024

    Smithfield Blasts Claims It Shortchanged NC Hog Supplier

    Smithfield Foods Inc. on Monday told the North Carolina Business Court it's not to blame for a former hog supplier's untimely demise in 2020, saying the supplier has "not a scintilla of evidence" showing other suppliers were given more favorable benefits while its own business languished.

  • January 22, 2024

    Law Group Says Malpractice Suit Over Franchise Fight Is Late

    A law firm pushed back on malpractice claims on Monday, arguing that allegations a former garbage service client made about bad legal advice that led to millions in company losses should be dismissed because the suit violated statute of limitation rules, among other issues.

  • January 22, 2024

    Wells Fargo And Ousted Exec Both Want Win In ADA Suit

    A Wells Fargo unit and its former employee, who claims he was terminated for requesting accommodations for his disability, have separately asked a North Carolina federal court to grant them wins in the suit, both arguing the indisputable material facts of the case favor their desired outcomes.

  • January 22, 2024

    4th Circ. Says Firm Sent Illegal Faxes But Won't Certify Class

    The Fourth Circuit ruled Monday that a Florida-based financial services company violated federal law when it sent unsolicited fax ads but denied class certification to the roughly 59,000 recipients because the identities of eligible members were not ascertainable.

  • January 22, 2024

    Settlement Nears For Aetna, Optum Administrative Fee Class

    A settlement is looming in a patient's certified class claims accusing Aetna Inc. and OptumHealth Care Solutions LLC of conspiring to dupe patients into paying administrative fees by dressing them up as medical expenses, according to a filing in North Carolina federal court.

  • January 22, 2024

    4th Circ. Preview: Timberland's TM Bid Kicks Off 2024

    The Fourth Circuit will kick off 2024 by probing Timberland's bid to trademark its footwear and pondering an embattled insurance mogul's attempt to escape a $524 million judgment.

  • January 22, 2024

    Ex-Director Denies Agreeing To Keep Pharma Firm's Info Secret

    The former director of government sales for Merz Pharmaceuticals LLC has struck back in North Carolina's business court against allegations that he took trade secrets to a rival, claiming he didn't sign any confidentiality agreements concerning documents he needed for legal purposes.

  • January 22, 2024

    Medical Software Co. Eye Care Leaders OK'd For Joint Ch. 11

    Eye doctor practice management software maker Eye Care Leaders and its 34 affiliates were approved for a joint Chapter 11 bankruptcy Monday, with attorneys for the company telling a Dallas bankruptcy judge that it plans to restructure, sell its assets or use a combination of both approaches to pay off debts.

  • January 22, 2024

    Partner Wants NC Real Estate Co. Dissolved After Fallout

    A North Carolina real estate investor has asked a judge to dissolve a two-person development group he co-founded to build three homes near Charlotte, saying his partner improperly transferred a property title to a third party and has no intention of continuing the project.

  • January 22, 2024

    Justices Skip Prof's Free Speech Suit Over 'Woke Joke' Post

    The U.S. Supreme Court on Monday turned away a North Carolina State University professor's bid to review his First Amendment lawsuit alleging he was demoted by school officials because he had been outspoken against diversity, equity and inclusion measures.

Expert Analysis

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Supreme Court's NC Election Map Ruling Protects Pa. Voters

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    By assuring the applicability of state constitutional provisions to state election laws, the U.S. Supreme Court's recent decision, Moore v. Harper, represents a significant victory for fair elections — especially in Pennsylvania, where courts have applied the state's free and equal elections clause to forbid partisan gerrymandering, say Robert Wiygul and John Hill at Hangley Aronchick.

  • Opinion

    States Must Fight Predatory Real Estate Listing Agreements

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    As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Georgia-Pacific Ruling Furthers Texas Two-Step Challenges

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    With its recent ruling in the case of Bestwall, barring asbestos injury litigation against nondebtor Georgia-Pacific, the Fourth Circuit joins a growing body of courts addressing the Texas Two-Step's legality, fueled by concerns over the proper use of bankruptcy as a tool for addressing such claims, says George Singer at Holland & Hart.

  • How To Avoid A Zombie Office Building Apocalypse

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    With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • What Affirmative Action Ruling Means For Higher Ed And Cos.

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    The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.

  • Case Law Is Mixed On D&O Coverage For Gov't Investigations

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    As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • 4th Circ. Ruling Continues Trend Of Insurer Bump-Up Wins

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    The Fourth Circuit's recent decision in Towers Watson v. National Union Fire Insurance, finding no directors and officers insurance coverage for underpayment in a reverse triangular merger, supports an emerging consensus that "acquisition" encompasses a variety of transaction types for the purposes of D&O bump-up exclusions, say Joshua Polster and Charlotte McCary at Simpson Thacher.

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