North Carolina

  • April 24, 2024

    Tax Fraud Case Skewed By Prosecutors' Spin, NC Jury Told

    Prosecutors and defense attorneys in a tax fraud trial against two lawyers and an insurance agent traded final barbs Wednesday in a North Carolina courtroom before sending the jury to deliberate, with the defendants again defending the tax plan at the center of the government's case and accusing prosecutors of making up facts.

  • April 24, 2024

    NC Biz Court Trims School Food Servicer's Noncompete Suit

    The North Carolina Business Court on Wednesday pared a cafeteria food provider's lawsuit alleging a former sales director absconded with confidential information to a rival business, reasoning the Tar Heel State's laws aren't applicable over alleged out-of-state conduct.

  • April 24, 2024

    Feds Want Disbarred Atty's FOIA Suit Over USPTO Docs Axed

    The federal government urged a North Carolina federal court Wednesday to toss a disbarred attorney's sprawling Freedom of Information Act lawsuit over U.S. Patent and Trademark Office documents, arguing the case is one of a dozen duplicative, meritless suits the plaintiff has filed.

  • April 24, 2024

    3 Takeaways On How AI Is Forcing Publicity Rights To Evolve

    As digital replicas of someone's voice, image or likeness become easier to create with the help of artificial intelligence, this new era of deepfakes is shining a spotlight on the nation's patchwork of right-of-publicity laws and raising questions over when Congress may act to pass a national framework.  

  • April 24, 2024

    Borrower Asks Full 4th Circ. To Hear Debt Canceling Case

    A student loan borrower has asked the full Fourth Circuit to rehear his claims that a Pennsylvania loan servicer thwarted forgiveness of his federal student loans, arguing that the circuit court had overlooked parts of the loan servicing agreement that provided important context to his argument.

  • April 24, 2024

    McKesson Ends Ex-Sales VP's Title VII Suit Over Vax Refusal

    McKesson Corp. reached an agreement with a former sales vice president to end her lawsuit accusing the drug distributor of firing her because her Christian beliefs barred her from getting the COVID-19 vaccine, according to a filing in North Carolina federal court.

  • April 24, 2024

    Raleigh, NC, Seeks Dismissal Of Ex-Cop's OT Suit

    The city of Raleigh, North Carolina, asked a federal judge Wednesday to toss an ex-police officer's lawsuit alleging it illegally compelled officers to accept time off rather than pay overtime premiums, arguing it acted in accordance with federal labor law.

  • April 24, 2024

    4th Circ. Revives Worker's Age Bias Suit Against IT Co.

    The Fourth Circuit on Wednesday reinstated a former information technology company worker's lawsuit alleging she was unlawfully fired and replaced by someone nearly 30 years her junior, saying a trial court held her to too high a standard when it threw out her case.

  • April 23, 2024

    Feds Urge Court To Admit Ex-VP Info In Mogul's Bribery Case

    Federal prosecutors have struck back against embattled insurance mogul Greg Linderg's attempt to keep evidence about a former employee's alleged involvement in a bribery scheme from a jury, telling the court that the employee's acquittal on related charges doesn't make evidence dealing with him inadmissible.

  • April 23, 2024

    NC Justices Urged To Reject Greg Lindberg Co.'s Review Bid

    North Carolina's insurance commissioner urged the state's supreme court to prevent a company controlled by insurance mogul Greg Lindberg from intervening in the liquidation proceedings of two of his life insurance companies, arguing a state appeals panel correctly held that an insurer's directors, but not shareholders, may intervene.

  • April 23, 2024

    Ex-Public Defender Wants 4th Circ. To End Wait In Bias Suit

    A former public defender suing the federal judiciary for allegedly failing to take her sexual harassment claims seriously asked the Fourth Circuit on Tuesday to force a federal judge's hand after more than four months without a ruling following a bench trial, saying a decision on her long-pending bid for a preliminary injunction is overdue.

  • April 23, 2024

    NC Felony Voting Law Struck Down As Unconstitutional

    A North Carolina federal judge has struck down the state's 147-year-old law making it a crime for convicted felons to vote, finding that the statute disproportionately targets Black voters and had been inconsistently enforced in violation of the U.S. Constitution.

  • April 23, 2024

    BofA Nears Deal Over 'Hidden' Wire Transfer Junk Fees

    Bank of America has agreed to resolve a proposed class action accusing it of tacking on $15 "junk fees" for incoming wire transfers, and a North Carolina federal judge on Monday gave the parties until May 24 to submit a motion for preliminary approval of the settlement.

  • April 22, 2024

    Feds Botched Building Contract Prices, Watchdog Reports

    Federal building overseers in the Southeast U.S. used distorted pricing for medium-term construction contracts that produced significantly inflated and unreasonably low-cost estimates, according to a government watchdog.

  • April 22, 2024

    NC Justice Dept. Seeks Early Win In Promotion Bias Suit

    The North Carolina Department of Justice urged a federal court to take its side in an attorney's lawsuit alleging she faced discrimination at the agency for being a Black woman, arguing that the white man who got the job for which she'd interviewed was the most qualified candidate.

  • April 22, 2024

    NC Chemical Biz Wants Help Covering $5M Site Cleanup

    A chemical company asked a North Carolina federal court on Monday to force other chemical makers, including a Koch Industries subsidiary, to contribute to the roughly $5 million cleanup of a contaminated site, contending the other companies owned or operated parts of the site for years.

  • April 22, 2024

    Opioid Marketer Completes $1.5M Damages Settlement With Del.

    Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.

  • April 22, 2024

    Lessee Axed From NC Doctor's Quarrel With Ex-Partner

    The North Carolina Business Court has purged a defendant from an ophthalmologist's lawsuit claiming his former partner has reneged on a settlement to buy out the ophthalmologist's half of the practice, finding the defendant wasn't a party to the settlement and can't now be bound to it.

  • April 22, 2024

    Senate OKs Permanent Status For 10 Fed. District Judgeships

    The U.S. Senate has unanimously passed a bill put forth by a bipartisan group of lawmakers that would transition 10 previously temporary district court judgeships in 10 states to permanent posts, including in Texas, California and Florida.

  • April 22, 2024

    Justices To Mull Atty Fees For Preliminary Injunctions

    The U.S. Supreme Court on Monday agreed to hear a case that could determine whether litigants can receive attorney fees for "prevailing" in a case by winning a preliminary injunction, despite never securing a final judgment.

  • April 22, 2024

    Justices Won't Probe Athlete's Interest In NCAA Eligibility

    The U.S. Supreme Court on Monday left in place a Fourth Circuit decision finding student athletes lack a business or property interest in their eligibility to play on the college level even though they can now be compensated for it.

  • April 19, 2024

    Enviro Groups Say Federal Plan Threatens At-Risk Bats

    A coalition of environmental groups sued the U.S. Forest Service and the U.S. Fish and Wildlife Service on Thursday in North Carolina federal court alleging that a plan to allow logging in the Nantahala and Pisgah national forests will harm endangered bats on the brink of extinction.

  • April 19, 2024

    Bankruptcy Bill Seeks To Aid Sex Abuse Victims

    A bill introduced in the U.S. House of Representatives would help sexual abuse victims by limiting the ability of their abusers to shield themselves by filing for bankruptcy, according to the bipartisan pair backing the proposed legislation.

  • April 19, 2024

    Ex-Defender Says High Court Ruling Backs Bias Claims

    A former assistant federal defender urged a North Carolina district court to consider a recent U.S. Supreme Court ruling in her sexual harassment lawsuit, arguing the high court's decision backs her claims for employment discrimination against the federal judiciary.

  • April 19, 2024

    Hatteras Fund Investors Sue In Chancery After 95% Drop

    Stockholders in a series of funds managed by alternative investment boutique Hatteras Investment Partners LP have launched a proposed class action against the company's board in Delaware's Court of Chancery, alleging breaches of fiduciary duty in conjunction with the funds' liquidation.

Expert Analysis

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What Have We Learned In The Year Since Warhol?

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    In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says ​​​​​​​Jose Sariego at Bilzin Sumberg.

  • NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors

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    Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers

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    The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • When Trade Secret Protection And Nat'l Security Converge

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    The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • Opinion

    High Court Should Settle Circuit Split On Risk Disclosures

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    The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

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