North Carolina

  • January 14, 2025

    BofA Says Military Interest Law, Not Bank, To Blame In Suit

    Bank of America has hit back at a class action suit accusing the financial giant of violating an interest cap law for military service members, arguing that the suit fails to allege any actual violations of the law and that Congress considered and decided against the interest rate requirement that the plaintiffs seek to impose.

  • January 14, 2025

    Crypto Co.'s Lax Compliance Enabled Hackers, Suit Says

    A proposed class action in California federal court accused digital asset exchange OKX of flouting U.S. laws and allowing criminals to launder stolen funds through its platform, including $725,000 worth of crypto looted from the crypto investor leading the suit.

  • January 14, 2025

    4th Circ. Tosses Constitutional Case Against FINRA

    The Fourth Circuit on Tuesday threw out a lawsuit claiming that the Financial Industry Regulatory Authority's in-house disciplinary process is unconstitutional, ruling that it couldn't hear the case until the regulator had finalized its own ruling against the suing broker.

  • January 14, 2025

    TikTok Says NC Can't Fault Platform For Being 'Too Engaging'

    TikTok Inc. has asked for an early exit from the North Carolina attorney general's lawsuit accusing the video platform of harming young users, saying it has no significant ties to the Tar Heel state and the AG's office can't otherwise build a case around its platform being "too engaging."

  • January 14, 2025

    NC Court Urged To Ease Cellphone Ban For Redistricting Trial

    Both sides of an upcoming trial in North Carolina over the state's new election map that allegedly dilutes the power of Black voters asked a Tar Heel State federal judge to grant exceptions to a rule barring everyone but attorneys admitted in the district from using electronics in the courthouse.

  • January 14, 2025

    Wage Violations Get NC Farmers Kicked Out Of H-2A Program

    A North Carolina father and daughter must pay $166,000 in fines and face a three-year debarment from the H-2A seasonal worker program for various violations, including underpaying farmworkers, the U.S. Department of Labor said Tuesday.

  • January 14, 2025

    Ex-NC Assistant AG To Co-Lead WilmerHale State AGs Group

    WilmerHale has tapped the former first assistant attorney general and general counsel to former North Carolina attorney general Josh Stein as co-leader of its state attorneys general practice, the firm announced Monday.

  • January 13, 2025

    4th Circ. Backs Arbitration In BoFA's PPP Loan Suits

    The Fourth Circuit on Monday affirmed a decision ordering small businesses to arbitrate their proposed class action alleging Bank of America misled them on how to use the Paycheck Protection Program, noting the deposit agreements say an arbitrator will decide all disputes, including the scope of the arbitration provision.

  • January 13, 2025

    Blue Cross Can't Skirt NC Hospital's Defamation Claims

    A local hospital can pursue some of its defamation claims against Blue Cross and Blue Shield of North Carolina in a suit alleging the health insurer wrongly denied millions of dollars in reimbursements and falsely accused the facility of fraud, a federal judge ruled Monday.

  • January 13, 2025

    Duke Health Worker Agrees To Arbitrate Bias Suit, For Now

    A former Duke University Health System Inc. radiology technologist who accused the healthcare network of firing her for being pregnant with her second child told a North Carolina federal judge Monday she is all right with her former employer's request to take the matter to arbitration.

  • January 13, 2025

    NC Judge Rebuffs Redo In Pool Co.'s $16M False Ads Trial

    A North Carolina federal court said Monday it did not err in letting a Chinese pool parts supplier's American rival introduce evidence that its "Made in the USA" claims misled customers, denying the company a do-over on a false advertising and unfair business practices trial that resulted in a $16 million judgment against it.

  • January 13, 2025

    Feds Say NC Medical Biz Owner Overbilled For Nutrient Drinks

    A North Carolina businessman who ran a durable medical equipment business under multiple names overbilled the state's Medicaid program $1.85 million for special enteral nutritional formulas used to treat inherited metabolic disorders when he was actually just providing people common nutritional shakes like Ensure, the federal government said.

  • January 13, 2025

    Justices Remand 'Beyond Doubt' Green Card Applicant Rule

    The U.S. Supreme Court on Monday sent a case back to the Fourth Circuit to reconsider whether previously admitted noncitizens must meet a higher standard of proof when applying for a green card from within the U.S. as a form of removal protection.

  • January 10, 2025

    Real Estate Recap: REIT Activism, Enviro Policy, Power Woes

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one attorney's expectations for shareholder activism at real estate investment trusts in 2025, the environmental policies that are top of mind for attorneys going into the new year, and the impact power constraints may have on data center gains.

  • January 10, 2025

    Shoals Again Accuses Voltage Of Patent Infringement At ITC

    Tennessee-based Shoals Technologies Group has launched another legal battle at the U.S. International Trade Commission claiming that North Carolina solar provider Voltage LLC infringed its intellectual property relating to solar power installations.

  • January 10, 2025

    NC Co. Sues State, Duke Energy Over Lake Bed Compensation

    A North Carolina company is suing the state and Duke Energy Carolinas LLC in North Carolina federal court for compensation, after a state high court took away its lake bed parcel following a land dispute with the energy company and other parties.

  • January 10, 2025

    FDA Tells Justices RJ Reynolds Challenge Belongs In DC Circ.

    The U.S. Food and Drug Administration urged the U.S. Supreme Court on Friday to send a suit by R.J. Reynolds Vapor Co. and two retailers challenging the denial of a marketing application from the Fifth Circuit to the D.C. Circuit, saying federal law doesn't allow a manufacturer to forum shop by bringing a retailer into its challenge.

  • January 10, 2025

    NASCAR Loses Bid To Toss Racing Teams' Antitrust Suit

    A North Carolina federal judge on Friday denied NASCAR's motion to dismiss a lawsuit lodged by two racing teams that accused the organization of maintaining a monopoly, saying it is too early to determine a dismissal because the teams sufficiently alleged antitrust claims.

  • January 10, 2025

    4th Circ. Accelerates Appeal In Contested NC High Court Race

    The Fourth Circuit on Friday agreed to speed up briefing in an appeal centered on which court should hear a Republican judge's ballot challenge in his race for a seat on the North Carolina Supreme Court, squeezing the case in for argument before the first session of the new year.

  • January 10, 2025

    Hog Supplier's Contract Tussle With Smithfield OK'd For Trial

    A former hog supplier in North Carolina can take some of its breach of contract claims to trial in a lawsuit alleging Smithfield Foods Inc.'s pricing practices were a death knell for the supplier's swine operations, according to a newly unsealed state Business Court opinion.

  • January 10, 2025

    NC Machinery Co. Says Rival Lied To Hide Trade Secrets Theft

    A North Carolina machining tools manufacturer is suing the American arm of its Germany-based rival in state Business Court, claiming the competitor has been hiring away its talent to acquire its trade secrets and then misrepresenting its job descriptions to hide the alleged scheme.

  • January 10, 2025

    BCLP's Global Healthcare Chair Jumps To Dechert

    Dechert LLP has brought on the former global chair of healthcare and life sciences at Bryan Cave Leighton Paisner LLP as a corporate and securities partner and leader of its healthcare regulatory practice.

  • January 09, 2025

    EV Co. Says Liberty Mutual Owes $25M In Construction Clash

    Vietnamese electric car company VinFast accused Liberty Mutual Insurance Co. in North Carolina federal court of wrongfully refusing to pay more than $25 million for a $40 million deposit bond related to the construction of a manufacturing plant in the state.

  • January 09, 2025

    4th Circ. Asked To Pause NC High Court Ballot Challenge

    North Carolina election officials have asked the Fourth Circuit to press pause on a Republican judge's efforts to plow ahead with his state Supreme Court challenge seeking to throw out votes in his race for an associate justice seat, while his Democratic challenger called for expediency.

  • January 09, 2025

    Grieving Parents Urge Court To Discern Fraud From Med Mal

    A North Carolina trial court failed to acknowledge that fraud and breach of fiduciary duty are distinct claims from medical malpractice, a couple whose toddler died during heart surgery told the Tar Heel State appeals court, arguing that the doctors misrepresented their program quality and outcomes.

Expert Analysis

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • What's Ahead As Transparency Act Comes To A Crossroads

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    Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.

  • Defense Strategies For Addressing Conspiracy-Minded Jurors

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    As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Surprise NC COVID Ruling Revises Reasonable Expectations

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    The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.

  • Religious Accommodation Lessons From $12.7M Vax Verdict

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    A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • How The UPC, ITC Complement Each Other In Patent Law

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    Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

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