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North Carolina
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October 17, 2024
Ex-Defender Returns To 4th Circ. With Sex Bias Case
A former North Carolina public defender appealed her bias case against the judiciary to the Fourth Circuit for a second time after a North Carolina federal judge refused to reconsider his ruling that she did not provide adequate notice to her ex-employer before filing suit.
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October 17, 2024
Industrial Pipe Co. Hits Rival, Ex-Exec With Trade Secrets Suit
Industrial pipe manufacturer Atkore International Inc. took one of its former senior-level executives and the rival company he went to work for to North Carolina state court, alleging the former employee sabotaged operations on his way out the door and took valuable trade secrets with him.
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October 17, 2024
States, Industry Urge DC Circ. To Scrap Truck GHG Rule
Dozens of states and industry groups are imploring the D.C. Circuit to pull the plug on a U.S. Environmental Protection Agency rule setting greenhouse gas emission standards for heavy-duty vehicles, arguing it mandates a transition to electric vehicles that the agency has no authority to push.
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October 16, 2024
NC Beach Canopy Co. Throws Shade At Rival In Patent Suit
A North Carolina-based beach canopy maker claims another Tar Heel State company has ignored its request to stop making a product that allegedly infringes a patent for its shading system.
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October 16, 2024
NC Panel Won't Reignite Duke Energy Case Over House Fire
A split panel of the North Carolina Court of Appeals declined to revive a liability suit brought against Duke Energy Corp. and a contractor it hired to install new meters at its customers' homes after one of those contractors allegedly caused a bed to catch fire leading to $130,000 in damage.
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October 16, 2024
Bipartisan Judgeships Bill In House Keeps Gaining Support
A Republican on the House Judiciary Committee on Wednesday urged the House to pass his bipartisan bill to add 66 new and temporary judgeships to address the "overwhelming caseloads" in the federal courts.
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October 16, 2024
Latham-Led Silicon Carbide Biz Lands $2.5B Of New Funding
Silicon carbide technology company Wolfspeed, advised by Latham & Watkins LLP and Smith Anderson, announced that it expects to receive up to $2.5 billion in new funding, through the CHIPS and Science Act and from a consortium that includes private equity giant Apollo, to support the expansion of silicon carbon manufacturing in the U.S.
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October 16, 2024
4th Circ. Affirms Judgment In Foreclosure Bid-Rigging Case
The Fourth Circuit backed a North Carolina federal court and tossed part of an appeal by a real estate company founder and others of a jury verdict that they rigged bids in foreclosure auctions in violation of state and federal antitrust laws.
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October 15, 2024
Split NC Panel Unties Barge Operations From Utility Oversight
A North Carolina island village can't force its parking space and ferry service provider to obtain regulatory approval from the state's utilities commission before it can divest its barge operations, a split panel of state appeals court judges ruled in a published opinion Tuesday.
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October 15, 2024
NC Lt. Gov. Sues CNN Over 'Black Nazi' Porn Site Story
North Carolina Lt. Gov. Mark Robinson brought a $50 million defamation suit Tuesday accusing CNN of publishing "disgusting lies" about his alleged posts on a porn site in a coordinated attempt to damage the socially conservative Republican's gubernatorial campaign.
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October 15, 2024
Morgan Stanley, BofA Sued Over Cash Sweep Programs
Minnesota-based financial services company Safron Capital Corp. launched a pair of proposed class actions against Morgan Stanley and Bank of America in New York alleging the firms used their so-called cash sweep programs "to generate massive revenue for themselves at the expense of their customers."
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October 15, 2024
LabCorp Gets Google Health Info Suit Sent To Arbitration
Laboratory Corporation of America succeeded in its bid to have a patient privacy lawsuit handled by arbitration, after a Pennsylvania federal judge ruled that users of the company's website who sued it for allegedly sharing sensitive information with Google agreed to arbitration by using the patient portal.
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October 15, 2024
Qorvo Follows $39M Jury Win With Trade Secrets Purge Order
A federal judge said wireless company Qorvo Inc. is entitled to permanent injunctions blocking Akoustis Technologies Inc. from infringing two acoustic wave resonator patents and another order requiring the "purging" of all misappropriated trade secrets from Akoustis' systems on top of a $39 million verdict in favor of the business.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 11, 2024
Real Estate Recap: Rating Climate Risk, Window Tech, Towers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a data-driven look at how climate risk is calculated for property owners, what one proptech company is doing to improve high-rise window-washing, and a new tracker following the tallest tower projects in the United States.
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October 11, 2024
Google Says High Court Shouldn't Pause Ad Tech Subpoena
Google told the U.S. Supreme Court on Friday that there's no need to pause a South Carolina agency's bid to quash a document request in a case accusing the tech giant of monopolizing key digital ad technology, saying the agency has no chance of succeeding.
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October 11, 2024
IBM Unit Wants To Undo 'Troubling' Defamation Case Ruling
An IBM unit has asked the Fourth Circuit to revive its lawsuit alleging a former executive's defamatory statements nearly killed a major acquisition, arguing that a lower court attempted to inject a new standard into its analysis.
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October 11, 2024
Asbestos Claimants Say Kaiser Ch. 11 Plan Should Stand
Asbestos injury claimants in Kaiser Gypsum Co.'s bankruptcy case have asked the Fourth Circuit to uphold the company's Chapter 11 plan, saying the arguments against it by Kaiser's primary insurer are based on speculative harms.
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October 11, 2024
BofA Must Face Iranian Bias Claims At 9th Circ.
A Bank of America customer wants the Ninth Circuit to revive his proposed class action alleging the financial giant discriminates against Iranian citizens, according to a notice of appeal.
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October 11, 2024
Dems Ask FTC About Price-Gouging Ban After Hurricanes
The ravaging of the Southeast U.S. by Hurricanes Helene and Milton has left affected communities desperate for basic necessities, leading to concerns of price-gouging, and a group of Democratic lawmakers wants the Federal Trade Commission to weigh in on whether there should be a federal ban on the practice.
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October 11, 2024
Hurricane Effects Prompt More NC Court Deadline Extensions
Chief North Carolina Supreme Court Justice Paul Newby on Friday gave litigants in the state's western counties another two-week extension on their court deadlines as they deal with Hurricane Helene, writing in his order that the region is still plagued by "catastrophic conditions" due to the severe weather and flooding.
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October 10, 2024
NC AG Nominee Says Opponent Smeared His Lawyering
U.S. Rep. Dan Bishop, the Republican nominee in North Carolina's attorney general race, has filed a defamation lawsuit against his Democratic opponent's campaign and a number of affiliated organizations, claiming the defendants defamed Bishop with a "push poll" suggesting he had represented clients accused of stealing from the elderly.
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October 10, 2024
Hurricane Delays Key Deadlines In NASCAR Antitrust Suit
A North Carolina federal judge is delaying a key hearing in the ongoing monopoly suit between Michael Jordan's racing team and NASCAR, granting the motorsports league's request for more time as its employees deal with the impact of Hurricane Milton.
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October 10, 2024
NJ Judge Deems Portions Of Hemp Law Unconstitutional
A New Jersey federal judge found Thursday that portions of a soon-to-be-enacted Garden State law placing restrictions on hemp products violate the dormant commerce clause of the U.S. Constitution and are preempted by the 2018 Farm Bill.
Expert Analysis
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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Bribery Settlement Gives Insight On DOJ Policies
Chemical company Albemarle’s recent $218 million settlement with the government to resolve foreign bribery claims provides valuable data points for companies on the U.S. Department of Justice’s voluntary self-disclosure policy and its clawback pilot program, say Michael DeBernardis and Tiauna Mathieu at Hughes Hubbard.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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After Headwinds, 2024 May See Offshore Wind Momentum
Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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A Look At FedNow Liability Allocation And A 4th Circ. Toss-Up
Dsu-Wei Yuen and Andrew Lorentz at Davis Wright break down the current legal requirements that are directly applicable to common electronic payment systems like FedNow and Automated Clearing House and how they could be affected by a decision in Studco v. 1st Advantage Credit Union, currently on appeal in the Fourth Circuit.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.