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North Carolina
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June 18, 2024
Justices Urged To Take Case On USPTO Home Address Rule
Five organizations have expressed support for a small North Carolina law firm asking the U.S. Supreme Court to review the U.S. Patent and Trademark Office's decision to require trademark applicants to disclose their home addresses — a decision that should have had public input, according to amicus briefs filed over the past week.
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June 18, 2024
4th Circ. Says Filmmaker Has Right To Sealed Court Docs
The Fourth Circuit on Tuesday revived a documentary filmmaker's bid to access sealed documents from a False Claims Act suit against student loan providers, finding he has a First Amendment right to the material and the parties must prove if the seal is warranted.
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June 18, 2024
Novant Drops NC Hospital Merger After 4th Circ. Pauses Deal
Novant Health has abandoned its plans to purchase two North Carolina hospitals for $320 million after a split Fourth Circuit panel on Tuesday granted the Federal Trade Commission's bid for an emergency injunction putting the deal on hold indefinitely.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.
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High Court 'Purely Legal' Appeal Ruling Raises New Questions
The U.S. Supreme Court’s unanimous May decision in Dupree v. Younger, holding that “purely legal” arguments rejected at summary judgment can be appealed without post-trial motions, resolves a circuit split but creates new questions that appellate counsel must now carefully navigate in each circuit, say attorneys at DLA Piper.
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Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled
In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.
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4 Legal Issues Grant-Funded Broadband Projects May Face
The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.
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5 Ways Firms Can Rethink Office Design In A Hybrid World
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.
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Opinion
Bar Score Is Best Hiring Metric Post-Affirmative Action
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.
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Ghosting In BigLaw: How To Come Back From Lack Of Feedback
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.
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Supreme Court's NC Election Map Ruling Protects Pa. Voters
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.
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Opinion
States Must Fight Predatory Real Estate Listing Agreements
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.
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The Differing Court Approaches To Pay Equity Questions
Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.
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Steps To Success For Senior Associates
Excerpt from Practical Guidance
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.
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Georgia-Pacific Ruling Furthers Texas Two-Step Challenges
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.
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How To Avoid A Zombie Office Building Apocalypse
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.
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Legal Profession Must Do More For Lawyers With Disabilities
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.
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What Affirmative Action Ruling Means For Higher Ed And Cos.
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.