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North Carolina
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September 24, 2024
Bank Regulators, SEC Face GOP Inquiry Over Crypto Bulletin
House Republicans have called for the Federal Reserve and other agencies to turn over a host of documents for what the lawmakers say is an inquiry into the origins and behind-the-scenes policymaking impact of the U.S. Securities and Exchange Commission's cryptocurrency accounting guidance.
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September 24, 2024
Electrolux Stove Defect Suit In NC On Hold For Earlier Case
A North Carolina federal judge Tuesday paused a proposed class action alleging Electrolux Home Products sells defective ranges that turn on too easily, adopting a magistrate judge's report that said a stay is appropriate to await the outcome of a preceding case with similar allegations pending in Michigan federal court.
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September 24, 2024
4th Circ. Reluctant To Let NFL Fans Pass On Arbitration
The Fourth Circuit on Tuesday seemed likely to make National Football League fans arbitrate their claims against the Washington Commanders over injuries sustained in the team's stadium, with one judge calling it "weird" to think attendees could dodge contract terms just because someone else bought their tickets.
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September 24, 2024
Real Estate Cos. Accuse Partner Of Mucking Up $21M Deal
Two real estate companies and other parties have told a North Carolina federal court that their business partner must be forced to sign off on the more than $21 million sale of a North Carolina apartment complex or their businesses will suffer financially.
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September 24, 2024
4th Circ. Poised To Uphold $1M Sanction For Court 'Attack'
The Fourth Circuit on Tuesday appeared ready to uphold a roughly $1 million sanction against New York plaintiffs attorney Paul Napoli for his purportedly frivolous filings in a battle with another firm over asbestos litigation client referrals, with one judge accusing Napoli of making a "collateral attack" on a federal court's authority.
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September 24, 2024
Firms Allowed To Exit IP Case After Gaining Philips' Consent
A North Carolina federal judge allowed Dentons and Morningstar Law Group to withdraw as Transtate Equipment Co. Inc.'s counsel in a copyright and unfair competition case, after a stipulation was struck with opposing attorneys representing a Dutch health technology conglomerate that initially scoffed at the request.
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September 24, 2024
Insurer Beats Co.'s $5.5M Crash Settlement Coverage Suit
A contractor for a road repavement project can't secure additional insured coverage under a subcontractor's policy for a $5.5 million settlement stemming from two accidents that were caused in part by insufficient warning signs, a North Carolina federal court ruled, noting the subcontractor properly completed its own signage work.
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September 23, 2024
States, Enviros Urge USPS Vehicle Plan Challenge To Proceed
States and environmentalists have pushed back against the U.S. Postal Service and Oshkosh Defense's efforts to end a lawsuit alleging the USPS' multibillion-dollar delivery vehicle acquisition plan violates environmental law, saying the plan was inadequate and would harm them.
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September 23, 2024
Family Asks NC Justices To Keep $40M Drunk Driving Verdict
A family member of a woman killed by a drunken driver wants North Carolina's highest court to uphold a $40 million verdict, described as the largest amount for such a case in state history, asserting the driver isn't allowed to present arguments that the judgment was a result of an impassioned jury.
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September 23, 2024
Cancer Test Cos. Strike Deal For Partial End To Patent Row
Natera Inc. and Neogenomics Laboratories Inc. said they reached a confidential yet partial settlement Friday in their dispute covering intellectual property for a Natera DNA test meant to detect cancer.
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September 23, 2024
Profs, Retired Judges Ask Justices To Uphold Return Of Taxes
Two former bankruptcy judges and a group of law professors threw their support behind the bankruptcy trustee of a Utah transportation company seeking to convince the U.S. Supreme Court that the IRS, like any other creditor, should have to return payments deemed fraudulent under state law.
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September 23, 2024
Security Co.'s Fatal Shooting Suits Not Covered, Insurer Says
An insurer has said it doesn't owe coverage to a security guard service company in underlying negligence lawsuits stemming from a fatal shooting that occurred at a North Carolina truck stop where the company staffed security guards, citing certain policy exclusions.
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September 23, 2024
NC Man Gets 100 Mos. For Fleecing Attys In 'Collection' Scam
A North Carolina man has been sentenced to more than eight years in federal prison after a Pennsylvania jury found him guilty on charges of mail, bank and wire fraud stemming from an international scheme to bilk attorneys out of millions of dollars.
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September 23, 2024
RNC Urges NC Court To Block Digital Student IDs For Voting
The Republican National Committee and the North Carolina Republican Party urged a Tar Heel State appeals court to block the state's board of elections from allowing digital student and employee IDs from the University of North Carolina to be used as voter verification in the upcoming election, arguing the law already forbids them.
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September 20, 2024
Real Estate Recap: Infrastructure Rally, Insurance Reckoning
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including revived interest in infrastructure-focused funds and the next installment in a new series exploring the effects of extreme weather on the property insurance market.
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September 20, 2024
Utilities Group Wants In On 4th Circ. FERC Grid Policy Fight
A coalition of municipal utilities and electricity cooperatives that rely on transmission facilities they don't own to deliver power urged the Fourth Circuit to let it intervene in an appeal challenging the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy.
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September 20, 2024
NC Governor Defends Bar Closures During COVID
North Carolina Gov. Roy Cooper urged the state's highest court to overturn a decision finding he violated the constitutional right to make a living and the equal protection of bar owners with his COVID shutdown order, arguing the decision was reasonable given how the virus was spreading.
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September 20, 2024
Telemarketing Scheme Ringleader Convicted In $4M Scam
A North Carolina federal jury on Friday convicted a man of perpetuating a phone scam that ripped off more than $4 million from victims, many elderly, by using fake U.S. government official identities and offering fraudulent sweepstakes prizes that required up-front payments to obtain, according to prosecutors.
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September 20, 2024
Veteran High Court Litigator Warns Of Ethics Debate's Impact
Accusations that U.S. Supreme Court justices are corrupt or nothing more than politicians in robes are unwarranted, tremendously dangerous and threaten to irreparably harm the institution's legitimacy, veteran high court litigator Kannon Shanmugam warns.
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September 20, 2024
BofA, Consumers Ink Deal To End COVID Card Fraud Claims
Bank of America informed a New Jersey court on Friday it has reached a settlement in principle with three consumers who launched a proposed class action over the bank's allegedly insufficient security measures affecting prepaid debit cards for unemployment benefits during the height of the COVID-19 pandemic.
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September 20, 2024
DuPont Cos. Can't Escape Cape Fear River PFAS Suit
A North Carolina federal judge said DuPont and several corporate spin-offs can't escape a lawsuit brought by four Tar Heel State residents who claim the companies knowingly poisoned the Cape Fear River with toxic forever chemicals pollution.
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September 20, 2024
HCA Presses For NC Attorney General's Merger Review Docs
HCA Healthcare is demanding North Carolina Attorney General Josh Stein turn over certain public records pertaining to his office's review of a 2019 hospital merger at the center of a compliance case, saying they aren't privileged or otherwise protected under work-product.
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September 20, 2024
Marketing Firm Says NC Pot Shop Dropped Ownership Deal
A North Carolina marketing firm is suing a cannabis shop in state court, alleging the shop's owner breached a contract that would've seen the marketing firm get 49% ownership of the shop for helping to boost its sales.
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September 19, 2024
Dechert Settles Aviation Exec's Hack Cover-Up RICO Claims
An airline mogul has cut a confidential deal with Dechert and two former partners of the firm to let them off the hook in his sprawling civil Racketeer Influenced and Corrupt Organizations Act lawsuit in New York federal court, the settling parties announced Thursday.
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September 19, 2024
NC Justices Seem OK With Original Ouster Of Cursing Clerk
North Carolina Supreme Court justices appeared willing to rule on Thursday that a county clerk was lawfully removed from office by a replacement for a recused judge after the clerk allegedly cursed a judge's name on an accidental phone call.
Expert Analysis
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Grant Compliance Takeaways From Ga. Tech's FCA Settlement
Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.
A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight
In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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NC TikTok Order Holds Lessons On Handling State AG Probes
Earlier this month, a North Carolina appeals court compelled TikTok to give the state attorney general information relating to 98,000 recorded Zoom meetings, reminding companies that successful civil litigation strategies may have the opposite effect in the state or regulatory investigation context, say attorneys at Troutman Pepper.