North Carolina

  • March 27, 2025

    Chamber Asks Justices To Review Duke Energy Monopoly Suit

    The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.

  • March 27, 2025

    Insurer Can't Escape Auto Co.'s $50M COVID Coverage Suit

    An insurer can't escape an auto parts manufacturer's suit seeking $50 million in coverage for COVID-19-related losses, a North Carolina federal court ruled, saying the manufacturer sufficiently alleged that its losses are covered under the policy's communicable disease endorsement.

  • March 27, 2025

    DOJ's Antitrust Unit Targeting Anticompetitive Regulations

    The U.S. Department of Justice launched a task force on Thursday aimed at eliminating state and federal laws and regulations that are hindering competition, with an initial focus on key sectors including housing, food and transportation.

  • March 27, 2025

    NC Biz Court Limits Testimony In Smithfield Coverage Trial

    A North Carolina business court judge refused to exclude expert witnesses from either side of an insurance coverage dispute between Smithfield Foods Inc. and a Chubb subsidiary, but did limit their testimony for the firms' upcoming April trial on how much the insurer owes for breaching its duty to defend.

  • March 27, 2025

    Life Sciences REIT Says Ex-Employee Stole Trade Secrets

    Alexandria Real Estate Equities Inc. filed suit against a former employee in Massachusetts federal court, alleging that he stole a trove of proprietary information as he was planning to leave the company.

  • March 27, 2025

    Dutch Software Co. Tells 4th Circ. To Pause Trial After Atty DQ

    A Dutch software company is taking another stab at delaying its impending trademark trial with an American rival, telling the Fourth Circuit that it should not be forced to proceed after the district court held one of its attorneys in contempt and essentially disqualified him.

  • March 27, 2025

    Jordan's NASCAR Team Fires Back At League's Cartel Claim

    Michael Jordan's racing team has urged a North Carolina federal judge to toss NASCAR's counterclaim in an antitrust suit against the league, arguing that the stock car racing company has failed to lay out enough detail on the alleged cartel Jordan's team and others purportedly formed to harm its business.

  • March 26, 2025

    Sotomayor Urges Caution On Nondelegation Doctrine Revamp

    U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.

  • March 26, 2025

    3 Firms Guide Nuclear Power Startup's $925M SPAC Merger

    Nuclear power developer Terrestrial Energy Inc. plans to go public by merging with special purpose acquisition company HCM II Acquisition Corp. at a $925 million equity value under guidance from three law firms, both parties announced Wednesday.

  • March 26, 2025

    4th Circ. Says Credit Union Not Liable For Fraudulent Transfer

    A Fourth Circuit panel on Wednesday reversed a lower court ruling that held a credit union liable for a scammer's use of its services to swindle a metal fabricator out of $560,000, ruling that banks aren't on the hook for misdescribed fund transfers without "actual knowledge" of the discrepancy.

  • March 26, 2025

    Wings Restaurant Illegally Retains Tips, Server Says

    Wild Wing Cafe claimed a tip credit allowing it to avoid paying servers a full minimum wage, but then required workers to pool their tips and used the cash to pay for restaurant expenses, a proposed class and collective action filed in North Carolina federal court said.

  • March 26, 2025

    AGs Seek 1st OK For $39M Apotex Deal In Price-Fixing Case

    A coalition of 50 state attorneys general on Wednesday asked a Connecticut federal judge to accept a $39.1 million deal settling claims that pharmaceutical company Apotex Corp. schemed with others to fix generic-drug prices, with 70% earmarked for a restitution fund and 30% for consumer notices and attorney fees.

  • March 26, 2025

    NCAA Can't Use NY Case To Halt NC State '83 Team's NIL Suit

    North Carolina's business court refused to pause an antitrust lawsuit brought by members of the 1983 North Carolina State University men's basketball national championship team who accuse the NCAA of illegally using their likenesses, ruling the organization had failed to show it would suffer a "substantial injustice" without a stay.

  • March 26, 2025

    Hospital To Face Doctor's Libel Claim Over Suspension Report

    A North Carolina federal judge has dismissed claims for breach of good faith and emotional distress from a gynecological oncologist's defamation suit against the hospital where he used to work, but let libel and loss of job opportunity claims continue in line with a magistrate judge's recommendation.

  • March 26, 2025

    Ex-CEO Says McGuireWoods Can't Rehash Immunity Appeal

    McGuireWoods LLP and one of its former partners are rehashing immunity defenses in a last-ditch effort to dodge a long-running defamation case, the former CEO of a managed care organization told the North Carolina Court of Appeals in seeking to have the case kicked back down to the trial court.

  • March 26, 2025

    Even With Few Openings, Courts Can Still Shift Under Trump

    There were record low vacancies on the federal bench when Donald Trump took office in January, but the president could still radically alter some courts and swing the judiciary rightward, especially if Congress creates more judgeships during his second tenure.

  • March 25, 2025

    North Carolina OSHA 'Incentive' Suit Dismissed Again

    North Carolina labor officials have once again dodged a corrosion control company's lawsuit claiming the state agency wrongfully incentivized workplace safety inspectors to find violations, after a federal judge accepted a magistrate judge's analysis that the latest suit largely copied one that had already been tossed.

  • March 25, 2025

    Insurers Claim 4th Circ. Must Revisit Ruling For Aluminum Co.

    Insurers in a coverage cap dispute with an aluminum company have asked the Fourth Circuit to reconsider an opinion holding that an ambiguous policy provision must be construed in the company's favor, calling it contrary to South Carolina law.

  • March 25, 2025

    Insurance Mogul Seeks To Overturn $122M Contempt Order

    A convicted billionaire embroiled in lawsuits over the demise of his insurance empire wants out of a nine-figure contempt order, telling the North Carolina Court of Appeals that neither he nor his company has the ability to pay more than $122 million to purge the contempt.

  • March 25, 2025

    NC Justices Agree To Hear Traffic Stop Smell Test Appeal

    The North Carolina Supreme Court has agreed to take up an appeal of a man's conviction for possession of a firearm by a felon after he argued that the smell of cannabis and cologne are not sufficient to justify searching his vehicle at a traffic stop.

  • March 25, 2025

    Phillies Sue To Keep Player Stats Program Exclusive

    The Philadelphia Phillies took the owners of a baseball statistics and analytics program it paid extra to have exclusive access to into Pennsylvania state court for allegedly working to "circumvent" that exclusivity and sell parts of the system to other teams.

  • March 25, 2025

    Staffing Co. Workers Can't Get Class Status In NC Wage Suit

    Staffing firm employees can't proceed as a class in their lawsuit accusing their employer of failing to pay them a minimum wage, a North Carolina federal judge ruled, because they can't show that all the workers were subject to the same common policies.

  • March 25, 2025

    Womble Bond Atty's Contempt Order Isn't Final, 4th Circ. Told

    A federal judge's order holding a Womble Bond Dickinson partner in contempt of court over misrepresentations he allegedly made to a foreign tribunal isn't a final decision capable of being appealed, a software company told the Fourth Circuit in seeking to have the appeal tossed.

  • March 25, 2025

    4th Circ. Won't Rehear Drug Price-Fixing Class Action

    The Fourth Circuit said Tuesday it will not hold a full court rehearing of its panel decision to back the dismissal of a proposed class action accusing drugmakers of conspiring and inflating the price of a medication for Huntington's disease, a suit the panel called "shaky at best."

  • March 24, 2025

    NC Urges Court To Rule Fla. Realty Co. Duped Homeowners

    The North Carolina Attorney General's Office has urged a state business court to find that a Florida real estate company targeted homeowners and tricked them into signing long-term predatory agreements in exchange for small cash advances, saying it is undisputed that the law was broken.

Expert Analysis

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • And Now A Word From The Panel: MDL Hubs

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    The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.

  • How Importers Can Minimize FCA Risks Of Tariff Mitigation

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    False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Investor Essentials For Buying Federally Owned Property

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    Investors and developers can take advantage of the Trump administration's plan to sell government-owned real estate by becoming familiar with the process and eligible to bid, and should prepare to move quickly once the U.S. General Services Administration posts the list of properties for sale, say attorneys at Holland & Knight.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Implementation, Constitutional Issues With Birthright Order

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    President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.

  • Dewberry Ruling Is A Wakeup Call For Trademark Owners

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    The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.

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