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North Carolina
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November 14, 2024
47 AGs Support FCC's Robocall Database Reforms
A bipartisan coalition of 47 attorneys general encouraged the Federal Communications Commission to implement new rules aimed at improving the effectiveness of the Robocall Mitigation Database, or RMD, writing in a comment letter that the database is "currently one of the most important sources of information available for anti-robocall enforcement actions."
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November 14, 2024
4th Circ. Nomination Sent To Full Senate With NC Senator's Ire
The Senate Judiciary Committee advanced on Thursday the nomination of Ryan Young Park, solicitor general of North Carolina, to the Fourth Circuit, with one Republican senator repeating his warning that Park does not have the votes.
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November 13, 2024
UNC Tennis Player Narrows Prize-Money Suit Against NCAA
A University of North Carolina tennis player is taking another swing at NCAA rules stopping college athletes from accepting prize money in outside tournaments, this time limiting the proposed class action to Division I tennis players rather than athletes in a slew of non-revenue generating college sports.
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November 13, 2024
Judge Cites 'Deterrence' In Attys' Tax Scheme Prison Sentence
Two St. Louis tax attorneys and a North Carolina insurance agent's pleas for leniency were largely ignored Wednesday by a federal judge sentencing them for their role in a multimillion-dollar tax avoidance scheme, with the judge declaring that the need for public deterrence was too great to let them off the hook without prison time.
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November 13, 2024
TikTok Asks To Keep NC AG's Addiction Complaint Redacted
TikTok Inc. is asking a North Carolina state court to keep redacted portions of a complaint by the state alleging that it targets youth to make them compulsive and addicted users, saying parts of the complaint include information from confidential documents and trade secrets.
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November 13, 2024
Premier Health Client Wants Out Of Ex-Director's Age Bias Suit
University of Louisville Health has said it does not belong in an age bias suit brought against Premier Healthcare Solutions Inc. by one of the latter firm's former regional directors, arguing that it should be dismissed from the former worker's suit because he fell short on procedural requirements.
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November 13, 2024
Michael Jordan's NASCAR Team Appeals Antitrust Loss
Two NASCAR teams, one co-owned by Michael Jordan, on Wednesday appealed a North Carolina federal judge's denial of their request to keep racing next season, taking part of their antitrust fight against the stock car league to the Fourth Circuit.
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November 13, 2024
NC Wetlands Developer Wants 4th Circ. To Revive Projects
A North Carolina landowner has urged the Fourth Circuit to block a new rule defining the scope of the Clean Water Act, arguing that the new rule saddles him with "extraordinary compliance costs" for wetland development projects and goes beyond the law's actual scope.
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November 13, 2024
4th Circ. Won't Rethink Ex-Development Director's Wage Case
The Fourth Circuit declined Wednesday to reconsider its decision affirming a North Carolina city's win on a former development director's claims for unpaid overtime, turning down the former employee's argument that the record did not make clear that she was classified as exempt under federal law.
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November 12, 2024
After Bribery Conviction, Insurance Mogul Cops To $2B Fraud
An insurance mogul convicted on bribery and wire fraud charges turned himself into the U.S. Marshals Service on Tuesday in North Carolina after pleading guilty to separate charges stemming from a $2 billion scheme to defraud insurance companies, regulators and policyholders.
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November 12, 2024
Trial Consultant Agrees To Keep Ex-Employer's Biz Info Secret
An ex-employee for jury analysis firm Jury-X has agreed to avoid using the company's confidential information while its trade secrets lawsuit unfolds, according to a stipulation filed Tuesday in North Carolina federal court.
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November 12, 2024
Broker Calls 78-Month Sentence For Tax Scheme Unfair
An insurance agent convicted of conspiracy and tax crimes in a multimillion-dollar tax avoidance scheme told a North Carolina federal court ahead of his sentencing, scheduled for Wednesday, that the 78-month prison sentence recommended by prosecutors is harsher than punishments for similar offenders.
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November 12, 2024
Elliott Reveals $5B Honeywell Holding, Calls For Change
Elliott Investment Management LP said Tuesday it has amassed a $5 billion stake in Honeywell International Inc. as the firm pushed the industrial conglomerate to separate itself into two independent companies.
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November 12, 2024
Justices Won't Take On Tossed Bid-Rigging Conviction
The U.S. Supreme Court refused Tuesday to look at a Fourth Circuit decision that upended the bid-rigging conviction of a government contractor's former executive, rejecting U.S. Department of Justice concerns that the ruling could make it harder to prosecute when contractors have a subcontracting relationship.
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November 08, 2024
Tort Report: Royal Caribbean Spycam Victim Seeks Class Suit
A proposed class action over Royal Caribbean Cruises Ltd.'s alleged failures regarding an employee's surreptitious installation of cameras in passengers' cabins and a D.C. Circuit ruling on a gun magazine ban lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 08, 2024
Real Estate Recap: Trump, Big 4, Office Demand?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the next Trump administration could affect commercial real estate, where the Big Four brokers saw traction in Q3 and an interesting anomaly in the distressed office market.
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November 08, 2024
Water Utility Hits PVC Pipe Makers With Price-Fixing Suit
A public water utility on Friday hit some of the nation's largest PVC pipe manufacturers with a class action accusing them of using a commodity pricing service to exchange information and illegally fix prices, claiming the companies reaped "historic profits" at the expense of public utilities.
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November 08, 2024
NC Forest Service Workers Defend OT Wage Suit Win
A group of state foresters urged the North Carolina Court of Appeals to affirm a trial court order requiring they be paid overtime for work combating forest fires, saying state agencies clearly agreed to compensate them at a rate of time-and-a-half of their regular pay under a reimbursement deal with the federal government.
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November 08, 2024
Mark Zuckerberg Beats Liability In Social Media MDL
A California federal judge dismissed claims against Mark Zuckerberg in multidistrict litigation alleging Meta concealed social media's risks to young users, finding that plaintiffs failed to show Zuckerberg directly participated in or authorized the alleged concealment despite his control over the company.
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November 08, 2024
NC Furniture-Maker Demands Hurricane Helene Coverage
A North Carolina furniture manufacturing facility is blaming its insurer for wrongfully using a flood damage exclusion to avoid covering more than $75,000 of damage to its premises following 2024's Hurricane Helene.
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November 08, 2024
US Exec To Sell Homes In Settlement With Swedish Airgun Co.
The chief executive of a North Carolina airgun company left in shambles over allegations of gross mismanagement has agreed to fork over $950,000 by selling two residences as part of a settlement ending the contentious yearlong litigation brought by his Swedish partner.
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November 08, 2024
Michael Jordan's NASCAR Team Hits Roadblock In Antitrust Suit
Michael Jordan's NASCAR team lost its bid for an injunction that would have allowed it and another team to keep racing next season while they pursue antitrust claims against the stock car league, with a federal judge finding the two teams failed to show "present, immediate, urgent irreparable harm."
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November 07, 2024
NC Contractor Says DR Horton Owes It Millions
A contractor claimed that homebuilding giant D.R. Horton Inc. stiffed it out of more than $5.5 million after it did site work for residential real estate projects in North and South Carolina.
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November 07, 2024
Property Co. Sues Insurer Over Late Coverage Rights Letter
A company providing management services to homeowners associations accused its insurer in North Carolina federal court of acting in bad faith after it said the insurer only sent it a reservation of rights letter a year into its defense of a fire damage lawsuit.
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November 07, 2024
NC State '83 Team Fights 'Absurd' NCAA Bid To Toss NIL Suit
The NCAA's ongoing use of the 1983 North Carolina State University basketball team's championship highlights in promotions and marketing negates its claim that any allegations of name, image and likeness misuse are past the statute of limitations, the team's players told a North Carolina state court Wednesday.
Expert Analysis
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Live Nation May Shake It Off In A Long Game With The DOJ
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.
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Series
Fishing Makes Me A Better Lawyer
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.
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A Healthier Legal Industry Starts With Emotional Intelligence
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.
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To Make Your Legal Writing Clear, Emulate A Master Chef
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.
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What Junk Fee Law Means For Biz In California And Beyond
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.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
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.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
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.
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Series
Playing Music Makes Me A Better Lawyer
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.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
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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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Perspectives
Public Interest Attorneys Are Key To Preserving Voting Rights
Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.