North Carolina

  • January 17, 2025

    What To Expect From Trump's Judicial Nominations

    President-elect Donald Trump is taking office with 45 judicial vacancies, which is far less than the 100 plus seats he came in with in 2017, but more seats could open up if a fair number of sitting conservatives take the opportunity to ensure a Republican president names their successor.

  • January 17, 2025

    Vanguard To Pay SEC, States $106M Over Surprise Tax Bills

    The U.S. Securities and Exchange Commission was joined by dozens of state regulators Friday in announcing a $106.4 million settlement with The Vanguard Group Inc. over claims that the company misled investors about the heightened capital gains taxes they would have to pay on certain retirement savings accounts.

  • January 16, 2025

    US Attorney In North Carolina's Middle District To Retire

    U.S. Attorney Sandra Hairston of the Middle District of North Carolina will retire effective Saturday after a lengthy tenure helping put away violent felons and recovering millions of dollars in False Claims Act litigation while supporting and expanding programs and initiatives to help reduce recidivism and violent crimes.

  • January 16, 2025

    Atty Suspended Over Wrongful Imprisonment Case Fees

    A Florida attorney accused of overcharging two intellectually disabled stepbrothers avoided disbarment when the New Jersey Supreme Court imposed a five-year suspension instead of opting for the permanent license revocation recommended by the court's disciplinary review board.

  • January 16, 2025

    Gov't Wants Time During Epic, Google's 9th Circ. Face-Off

    When Epic Games and Google face off next month at the Ninth Circuit, the federal government is hoping it will get a few minutes to state its case for why the appellate court shouldn't overturn an order forcing Google to allow alternative app stores on its platform, the government said in a recent motion.

  • January 16, 2025

    NC Gov. Boosts Abortion Safeguards Amid 'Alarming Attacks'

    North Carolina's newly minted Gov. Josh Stein on Thursday in one of his first official acts rolled out an executive order that shores up abortion protections in the Tar Heel state, joining the ranks of other Democratic politicians seeking to cement progressive priorities ahead of a second Trump administration.

  • January 16, 2025

    NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out

    The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.

  • January 16, 2025

    Paxton-Tied Developer Pleads Guilty In Bank Fraud Case

    A real estate developer whose ties to Texas Attorney General Ken Paxton were central to his 2023 impeachment case pled guilty Wednesday to unrelated charges of making false statements to a mortgage lender.

  • January 16, 2025

    NC Panel Says Civil Parties Can't Reject Jurors Midtrial

    A North Carolina state appeals court ruled as a matter of first impression that a lower court was wrong to let a couple exercise their right to reject a juror in the middle of a trial after the jury had already been impaneled.

  • January 16, 2025

    Biden's Imprint On The Judiciary In 6 Charts

    President Joe Biden leaves office with 235 lifetime judges confirmed, just one more than President Donald Trump seated during his first term, and many firsts for diversity.

  • January 15, 2025

    Solar Power Biz Beats Shoals' Patent Case At ITC

    The U.S. International Trade Commission has cleared a North Carolina solar manufacturer from a patent case, flipping an administrative law judge's determination that a solar "trunk bus" transmission system infringes a rival's patent.

  • January 15, 2025

    Toyota Asks NC Court To Undo 'Impossible' Discovery Orders

    Toyota and Subaru urged the North Carolina Supreme Court to review an appeals court's decision that left in place a slew of "impossible" discovery obligations, saying they are "unjustly" being held responsible for violations they did not commit and face "a likelihood of crushing" sanctions.

  • January 15, 2025

    4th Circ. Says 'Moke' TM Generic Issue Needs Another Look

    A split Fourth Circuit panel has thrown out a lower court's finding that the term "moke" can't get trademark protection, saying a lower court needs to look further as part of a dispute between two companies fighting for the rights to use the word as a mark.

  • January 15, 2025

    4th Circ. Affirms $1M Appeal Bond Reimbursement Ruling

    Atain Specialty Insurance Co. must reimburse Liberty Mutual Insurance Co. for the $1 million appeal bond Liberty issued to an Atain insured that ultimately lost its appeal in an underlying suit, the Fourth Circuit ruled Wednesday, even though Liberty incorrectly indicated it previously closed the bond.

  • January 15, 2025

    Grocer, Insurers Must Produce Docs In NC Opioid Row

    A North Carolina state court issued a discovery decision in a dispute between grocery chain Harris Teeter Supermarkets Inc. and a slew of its insurers over coverage for about 100 lawsuits seeking damages related to the opioid epidemic, telling the parties to hand over certain documents from between 1993 and 2014.

  • January 15, 2025

    Duke Settles Retiree's Mortality Data Suit At 4th Circ.

    Duke University told the Fourth Circuit it has agreed to settle a retiree's proposed class action claiming the school used outdated mortality data to calculate retirement benefits and underpaid former employees by millions of dollars, ending the university's attempt to send the case to arbitration.

  • January 15, 2025

    Biz Court Calls Out Biogas Co. For 'Stack' Of Broken Promises

    A North Carolina Business Court judge pondered during a sanctions hearing Wednesday whether a biogas company should be held in contempt for allegedly violating a court order, saying the company has repeatedly fallen short of its promises in a fight with lenders over funding for renewable energy projects.

  • January 15, 2025

    Poultry Co. Cuts Deal To End Black Ex-Worker's Bias Suit

    A major poultry processor agreed to settle a Black former employee's suit claiming he was targeted for punishment after complaining that a nonwhite worker received a harsher penalty than a white worker for the same safety violation, according to a docket entry in North Carolina federal court.

  • January 15, 2025

    Atrium Health Accused Of Giving Patient Data To Google

    Atrium Health installed trackers in its mobile app and website to collect patients' data without their consent and then shared that personal information with Google and Facebook for targeted advertising, according to a proposed class action in North Carolina Business Court.

  • 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.

Expert Analysis

  • Series

    NC Banking Brief: All The Notable Legal Updates In Q2

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    After federal banking agencies last quarter released a supplemental final rule updating the Community Reinvestment Act, North Carolina banks involved in community development should consider how the new rule might open up opportunities for investment and services that can benefit underserved areas, says Adam Goldblatt at Michael Best.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Insurers Have A Ch. 11 Voice Following High Court Ruling

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    The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • High Court's BofA Ruling Leaves State Preemption Questions

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    A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.

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