North Carolina

  • June 17, 2024

    Dutch Insurer Says Record Clear To Affirm $160M Arbitration

    A Dutch insurer is pushing a North Carolina federal judge to confirm a €150 million (roughly $160 million) arbitration award against insurance mogul Greg Lindberg and his companies, citing a recent order in which the court acknowledged the award as binding.

  • June 17, 2024

    Weigh Therapist's Opinion In Deportation Case, 4th Circ. Says

    A divided Fourth Circuit on Monday revived a Mexican woman's efforts to stay in the country, faulting an immigration judge for not considering the impact of his deportation order on the woman's clinically depressed daughter.

  • June 17, 2024

    FTC Says Hospital Won't Fail Without Novant Buyout

    The Federal Trade Commission is pushing back against claims that North Carolina's Lake Norman Regional Medical Center will fail if the agency halts its acquisition by Novant Health, telling the Fourth Circuit that the hospital is, in fact, profitable and stable.

  • June 17, 2024

    Don't Let Farm Org Rewrite Wage Rule Suit, DOL Tells Judge

    A farm group shouldn't be allowed to revise its challenge to the U.S. Department of Labor's new wage rule for certain temporary workers, the agency told a Charlotte, North Carolina, federal judge, saying the revision attempt comes too late as the matter is already awaiting the judge's decision.

  • June 17, 2024

    Nursing Home Co. Owes Fees On Staffing Deal, Recruiter Says

    An international recruiter has accused the owners of nursing homes and assisted living communities in several states of failing to fork over fees for placing nurses and nursing assistants in their facilities, saying they owe over $3.4 million in outstanding fees.

  • June 17, 2024

    High Court Will Mull Proof Needed For Wage-Hour Carveout

    The U.S. Supreme Court said Monday it will hear a wage and hour case from a supermarket distributor, teeing up an opportunity for the justices to articulate the standard by which an employer must demonstrate workers are exempt from overtime.

  • June 14, 2024

    Real Estate Recap: Special Servicers, 'Dirty' Money, Alt Energy

    Catch up on this week's key developments by state from Law360 Real Estate Authority — including recent litigation targeting special servicers, a 700% increase in brownfield funding, and one BigLaw real estate leader's take on alternative energy as interest rates hold steady.

  • June 14, 2024

    Janssen Hit With $150M Verdict In HIV Drug False Claims Suit

    A New Jersey federal jury hit Janssen with a $150 million False Claims Act verdict in a 12-year-old whistleblower suit, finding that the drugmaker violated the federal law as well as 27 related state FCA statutes by illegally profiting from the off-label marketing of two popular Janssen HIV medications.

  • June 14, 2024

    Novant Urges 4th Circ. To Reject FTC's 'Emergency' Bid

    Novant Health told the Fourth Circuit there is no need to block its planned North Carolina hospital purchase while the Federal Trade Commission pushes a merger challenge, saying the deal will increase competition by preventing the hospitals from closing.

  • June 14, 2024

    Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer

    In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.

  • June 14, 2024

    Trucking Co. Whittles $11.5M Suit Over Stolen Cellphones

    A North Carolina federal court pared an $11.5 million lawsuit brought by a cellphone dealer and its insurer after a truckload of devices was stolen, reasoning that a negligence claim was preempted.

  • June 14, 2024

    4th Circ. Urged To Toss Cannabis Dormant Commerce Suit

    Maryland cannabis regulators have told the Fourth Circuit that a lower district court judge was right to deny a California entrepreneur's bid to halt all social equity licensure and that the state's policies do not discriminate against out-of-state players.

  • June 14, 2024

    NC AG Wants Counterclaims Canned In Hospital Contract Suit

    North Carolina's attorney general has sought to dodge counterclaims in a suit accusing a for-profit health network of reneging on promises it made when it bought an Asheville hospital, saying he should be immune and the claims are otherwise redundant.

  • June 14, 2024

    No Retroactive Fix For US Trustee Fee Dispute, Justices Say

    The U.S. Supreme Court sided with the U.S. Trustee's Office on Friday in finding that an amended fee structure implemented before a 2022 ruling that struck down a nonuniform system of payments was all that was needed to resolve the disparate treatment of debtors under the unconstitutional law.

  • June 13, 2024

    Ex-Duke Doc Wants Panel To Redo Disability Bias Ruling

    A fired Duke University hospital doctor pressed a North Carolina state appeals court to reconsider not reviving the disability claims in his suit against the hospital, arguing that the case belongs before a jury.

  • June 13, 2024

    Bill Banning College Athletes As Workers Gets Committee Nod

    A U.S. House of Representatives panel on Thursday moved new legislation that would prohibit classifying student-athletes as employees of any institution, conference or association to the floor for a vote, as the bill's sponsor pushed back at what he described as the influence of big labor.

  • June 13, 2024

    North Carolina Lawmakers Mull Outlawing 'Gas Station Heroin'

    A bill to make the drug tianeptine a scheduled substance in the Tar Heel state that passed in the North Carolina House of Representatives this week has been kicked over to the state Senate for consideration.

  • June 13, 2024

    4th Circ. Revives Bacardi Fight Over Expired TM Renewal

    The Fourth Circuit on Thursday revived Bacardi's lawsuit challenging the U.S. Patent and Trademark Office's decision to renew an expired trademark registration for Havana Club rum, finding such registration renewals can be reviewed by the courts.

  • June 13, 2024

    Insurer Calls Convicted Mogul's $633M IOU 'Worthless' Ruse

    Convicted insurance mogul Greg Lindberg has offered a "worthless" $633 million promise as a ruse to end an insurance company's bid to collect a $524 million arbitration award, a North Carolina federal court heard this week.

  • June 13, 2024

    Dechert Backs Special Master In Airline Mogul's Hacking Suit

    Dechert LLP has said a special master got it right when she largely denied an airline tycoon's numerous bids to access allegedly privileged information in his suit seeking to prove an international hacking conspiracy, asking a North Carolina federal judge to affirm the decision.

  • June 12, 2024

    Tillis Told Drug Patents Are Too Complex For Easy Answers

    When and how generic drugs enter the marketplace varies widely among different drugs and isn't necessarily related to how many patents are covering those drugs, the U.S. Patent and Trademark Office said Wednesday in a report requested by a top member of the U.S. Senate's Intellectual Property Subcommittee.

  • June 12, 2024

    '83 Wolfpack Suit May Throw NIL Peace For A Loop

    As the NCAA cheered a settlement aimed at marshaling payments to athletes for their names, images and likenesses last week, experts say a new suit from one of college basketball's most historic teams illustrates the shortcomings of a hasty effort to right past wrongs.

  • June 12, 2024

    'Tiger-Wolf' Trader Cops To Wire Fraud For $700K Scheme

    A 26-year-old Charlotte man on Wednesday pled guilty to federal prosecutors' claims that he defrauded over 100 would-be investors in his purported hedge fund, Tiger-Wolf Capital LLC, spending much of their money on his own lavish lifestyle.

  • June 12, 2024

    Okta, Investors Reach $60M Deal In Cyberattack Coverup Suit

    Okta Inc. investors have asked a California federal judge to give the first OK to a $60 million settlement reached in a suit alleging the software company misled the certified class about a 2022 cyberattack.

  • June 12, 2024

    FTC Asks 4th Circ. To Pause Novant Hospital Purchase

    The Federal Trade Commission has asked the Fourth Circuit to pause Novant Health's purchase of a North Carolina hospital while enforcers appeal an order from the lower court that refused to put the deal on hold for the commission's in-house merger challenge.

Expert Analysis

  • High Court's BofA Ruling Leaves State Preemption Questions

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    A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Live Nation May Shake It Off In A Long Game With The DOJ

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    Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • 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.

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