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North Carolina
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December 06, 2024
Cancer Claimant Amici Slam Bestwall's Two-Step Ch. 11
Georgia-Pacific unit Bestwall's bid to handle asbestos liability using a controversial "Texas Two-Step" Chapter 11 case is "grotesquely inequitable" and "plainly at odds" with the tenets of bankruptcy, a group of injury claimants in separate insolvency proceedings said in a brief urging the Fourth Circuit to toss the case.
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December 05, 2024
Man Says NC Failed To Prove He Had Cannabis, Not Hemp
A North Carolina man is appealing his conviction for possession and intent to distribute cannabis, saying the state failed to show evidence that the material they seized from him was cannabis as opposed to legal hemp.
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December 05, 2024
First Citizens Accused Of $3M High-Yield Bait-And-Switch
First Citizens Bank & Trust Company faces claims from an agritourism nonprofit and its registered agent that they invested $3 million with the bank expecting a competitive rate of return before finding those funds were actually in products yielding a much lower interest rate.
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December 05, 2024
NC Town Sues Duke Energy Over Climate Change 'Deception'
A small town in North Carolina is suing Duke Energy for what officials characterized as a decades-long "deception campaign" about climate change, including allegedly misleading residents about the dangerous effects of fossil fuels and delaying the transition to cleaner energy.
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December 05, 2024
IQVIA Gets Final OK For $3.5M Deal In Ex-Workers' 401(k) Suit
A North Carolina federal judge on Thursday gave his final seal of approval to a $3.5 million settlement for a class of 9,000 employees who accused healthcare technology company IQVIA of mismanaging its $1.13 billion 401(k) plan.
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December 05, 2024
Disgruntled Dems Move On From Appellate Noms Deal
While some Democrats have gripes about the deal Senate Majority Leader Chuck Schumer made with Republicans before Thanksgiving on judicial confirmations, they grudgingly concede the deal helps them fill as many seats as possible even if it means leaving choice circuit seats for President-elect Donald Trump to fill.
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December 05, 2024
NC's Top Justice Elevates 2 Judges To Chief Roles
North Carolina Supreme Court Chief Justice Paul Newby on Wednesday named two new chief judges to helm multiple county courts in the Tar Heel State, one in the east and one in the west, one of whom has already started serving in her new role overseeing state district court proceedings.
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December 04, 2024
Live Nation Shields Legal Strategy Emails From DOJ Scrutiny
A Manhattan federal judge rejected the U.S. Department of Justice's bid to see emails between Live Nation Entertainment Inc. lawyers and counsel for arena operator Oak View Group, holding Wednesday that these communications discussed a joint legal strategy for the government's antitrust investigation.
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December 04, 2024
RealPage Says DOJ's Antitrust Markets 'Hide The Ball'
RealPage has urged a North Carolina federal court to throw out the government's antitrust case against it, arguing that enforcers have not shown that use of its software is raising rental rates in any part of the country and that landlords use it to offer competitive rents.
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December 04, 2024
Trump Chooses Vance Adviser To Lead Army
President-elect Donald Trump on Wednesday nominated Daniel Driscoll, a former soldier, venture capitalist and adviser to incoming Vice President JD Vance, to lead the U.S. Army.
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December 04, 2024
Retaliation Case Over Mostly Nude Trucker Gets Green Light
A North Carolina federal judge declined to shut down a lawsuit from a trucker who said she was unlawfully fired for complaining about a co-worker walking around in his underwear, saying she was terminated suspiciously soon after she accused him of sexual harassment.
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December 04, 2024
NC Panel Reverses Prior Ruling Reviving Atty Meddling Claim
A split North Carolina appellate panel has walked back its ruling reviving a suit against a real estate attorney accused of helping meddle in a property ownership dispute, declaring after a second look that the claim against him doesn't actually exist under state law.
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December 04, 2024
Calif. Trading Instructor Gets Prison For $2M Investment Fraud
A North Carolina federal judge sentenced a California man extradited from Australia to face charges over a $2 million investment fraud scheme he orchestrated to 70 months in prison and ordered him to pay $1.9 million in restitution, federal prosecutors in the Tar Heel State announced.
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December 03, 2024
Walgreens Settles Call Center Workers' Unpaid OT Suit
An Illinois federal judge signed off Tuesday on a $460,000 agreement to settle a nationwide collective action of Walgreens call center workers who claimed they were unlawfully required to perform unpaid work before and after their shifts.
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December 03, 2024
NASCAR Calls Lawsuit Bluster Wrapped In 'Antitrust Garb'
NASCAR has encouraged a North Carolina federal court to toss a lawsuit filed by two racing teams, arguing their objection to the league's charter system is simply a misguided attempt to "dress up private business frustrations in antitrust garb."
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December 03, 2024
Charlotte Housing Authority Wants Out Of Retaliation Suit
The public housing authority of Charlotte, North Carolina, has struck back against a former coordinator's retaliation and discrimination suit, arguing in North Carolina federal court that the suit should be tossed because there's an "extreme lack of non-conclusory facts" backing its claims.
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December 03, 2024
2nd Recount Underway In North Carolina Supreme Court Race
Election officials in North Carolina will embark on a second recount of votes in a close race for a state Supreme Court seat, at the behest of a Republican Court of Appeals judge hoping to unseat his Democratic opponent.
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December 03, 2024
Tax, Insurance Cos. Owner Gets 3 Years For $1M Tax Evasion
The owner of a tax business who also ran an insurance company the government says provided fraudulent vehicle registrations for unauthorized immigrants was sentenced to three years in prison for failing to pay more than $1 million in taxes, federal authorities in North Carolina announced Tuesday.
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December 03, 2024
GardaWorld Aims To Toss Tobacco, Vaccine Surcharge Suit
Security company GardaWorld urged a North Carolina federal judge to toss a proposed class action claiming it discriminated against tobacco users and those who refused the COVID-19 vaccine by charging them a monthly fee in its health insurance plan, arguing that the fees comply with federal benefits law.
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December 03, 2024
NC Mental Health Provider Inks $2.5M Medicaid Fraud Deal
A North Carolina mental health care agency has agreed to pay $2.5 million to resolve civil claims that it defrauded the state's Medicaid program by billing for nonexistent services, the state's attorney general and incoming Gov. Josh Stein announced.
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December 02, 2024
Fed. Circ. Questions Reynolds' Bid To Undo $95M Patent Loss
The Federal Circuit probed R.J. Reynolds' challenge to a $95 million damages award against it for infringing Philip Morris' vape patents, questioning Monday the company's argument that the amount was not supported by the evidence.
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December 02, 2024
Bipartisan Bill Calls For AI Studies From Financial Regulators
Leaders of the U.S. House Financial Services Committee want to codify their commitment to regulating and cultivating the use of artificial intelligence in the financial services industry with legislation introduced Monday that directs financial and housing regulators to produce reports on the use of AI in their respective sectors.
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December 02, 2024
NC GOP-Led Senate OKs Reducing Income Tax Cap
North Carolina's income tax cap would fall to 5%, instead of the 7% currently in the state constitution under a constitutional amendment approved Monday by the state Senate.
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December 02, 2024
NC Judge Is 2nd To Reverse Senior Status Plans After Election
A second federal judge appointed by a Democratic president has reversed his decision to take senior status in the wake of former President Donald Trump's win in the 2024 presidential election.
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December 02, 2024
Pool Co. Says Rival CEO Fled To China To Duck Paying $16M
A bankrupt Chinese pool parts supplier has been accused by an American competitor of going to great lengths to skirt a $16 million false advertising and unfair business practices judgment in continued violation of court orders, including allegedly funneling assets and allowing its owner to flee to China.
Expert Analysis
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Series
NC Banking Brief: All The Notable Legal Updates In Q4
Two new North Carolina financial services laws went into effect in the fourth quarter of 2023 that amended the state's Retail Installment Sales Act and Consumer Finance Act, increasing the maximum interest rates and default late charges that may be assessed for loans, says Gursharon Shergill at Wagner Hicks.
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3 Areas Of Focus In Congressional Crosshairs This Year
Companies must prepare for Congress to build on its 2023 oversight priorities this year, continuing its vigorous inquiries into Chinese company-related investments, workplace safety and labor relations issues, and generative artificial intelligence, say attorneys at Morgan Lewis.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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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.