North Carolina

  • March 01, 2024

    Pepsi, Kraft And GE Can't Block DEI, Enviro Proxy Proposals

    A division of the U.S. Securities and Exchange Commission has rejected bids from PepsiCo Inc., The Kraft Heinz Co. and General Electric Co. to exclude from their upcoming proxy statements proposals from a conservative think tank on diversity and environmental matters.

  • March 01, 2024

    BofA Trims Zelle Fraud Victims' Suit For Good On 3rd Try

    A California federal judge has again trimmed a lawsuit accusing Bank of America of refusing to reimburse Zelle fraud victims, narrowing the case to a breach of contract claim and denying the plaintiffs another opportunity to rework their complaint.

  • March 01, 2024

    55K Labcorp 401(k) Participants Seek Class Cert. In NC

    Tens of thousands of participants in a 401(k) plan for Labcorp employees asked a North Carolina federal court on Friday to certify the claims in their benefits lawsuit, arguing they had claims common and typical to warrant certification.

  • March 01, 2024

    Dartmouth Urges NLRB To Pause College Hoops Vote

    Dartmouth College urged the National Labor Relations Board to hold off on a scheduled union vote among its men's basketball players, saying an agency official grossly misapplied federal law and ignored precedent in allowing the election to proceed.

  • March 01, 2024

    FTC Attacks Constitutional Defenses In Hospital Merger Fight

    The Federal Trade Commission has urged a federal court to trim Novant Health's defenses in the agency's challenge of a $320 million plan to buy two North Carolina hospitals, citing case law holding that constitutional arguments are immaterial to the court's consideration of an antitrust injunction bid.

  • March 01, 2024

    Pool Co. Hit With $15M Verdict On Rival's False Ad Claims

    A swimming pool equipment manufacturer is on the hook for nearly $15 million after a North Carolina federal jury found it liable on Friday for false advertising and unfair business practices, but it otherwise escaped infringement claims stemming from the use of its rival's trademarks on Amazon product listings.

  • February 29, 2024

    Duke Can't Escape Retiree's Mortality Data Lawsuit

    Duke University can't toss a retiree's suit alleging it underpaid former employees millions by using outdated mortality data to calculate their retirement benefits, a North Carolina federal judge said Thursday, ruling that the former worker put forward enough detail showing she was harmed.

  • February 29, 2024

    NC Says Court Blocked From Philip Morris Franchise Tax Row

    The North Carolina Department of Revenue is urging the state Supreme Court to uphold a loss for Philip Morris in the agency's fight to fetch more than $300,000 in franchise tax from the tobacco giant, arguing that state law forbids an administrative court from contemplating the constitutionality of tax law.

  • February 29, 2024

    Auto Co. Says $50M Policy Endorsement Covers COVID Loss

    An auto parts manufacturer is seeking $50 million in coverage for its COVID-19 pandemic-related losses in North Carolina federal court, claiming its policy's "unique" communicable disease provision was misrepresented when its insurer denied coverage for losses at its Indiana, Ohio, Michigan and North Carolina locations.

  • February 29, 2024

    SVB Parent's Counsel Booted From Fraud Coverage Row

    The bankrupt parent company of Silicon Valley Bank cannot use Farella Braun & Martel LLP as counsel in litigation over the parent company's claims that it alone must be covered for a fraud scheme that caused over $73 million in losses, a North Carolina federal court ruled.

  • February 29, 2024

    NC Judge Trims Family Paving Co.'s Dueling Self-Dealing Jabs

    The North Carolina Business Court has pruned a family quarrel over the alleged mismanagement of their construction company, narrowing one side's claims that a longtime officer siphoned company funds for his own gain while simultaneously slashing certain counterclaims accusing a faction of the family of plotting a takeover.

  • February 29, 2024

    Defense Contractor Says Ex-Exec Took Sensitive Data To Rival

    A defense contractor accused a former executive of taking confidential business information and export-controlled data on the body armor it supplies to the U.S. military and local and state law enforcement to a rival, a foreign-owned business.

  • February 28, 2024

    NC Hospital, Nurses Get OK For Settlement Of Bias Suit

    A North Carolina federal court on Wednesday approved a settlement between a Charlotte hospital and former nurses who had alleged they bore the brunt of a discriminatory campaign to oust veteran nurses and bring in new workers, ending a four-year lawsuit.

  • February 28, 2024

    Truck Co. Must Justify NC Venue In $70M Volvo Contract Row

    A North Carolina federal court has punted on dismissing a Mexican trucking company's $70 million lawsuit against Volvo over allegedly defective semi-trucks, ruling that the business first needs to justify the litigation venue.

  • February 28, 2024

    Ex-Development Director Asks 4th Circ. To Flip Bias Suit Loss

    A former development director for a North Carolina city said she supported her sex discrimination and retaliation claims with evidence that she was treated differently from male colleagues, urging the Fourth Circuit to overturn the city's win in her suit.

  • February 28, 2024

    NC Biz Court Pares Feud Over Costly City Streetcar Expansion

    The North Carolina Business Court has narrowed a general contractor's $115 million lawsuit against the city of Charlotte stemming from a streetcar line construction project, saying the city isn't immune but that a swath of claims were otherwise filed too late.

  • February 28, 2024

    Attys To Receive $291K After LendingTree Data Breach Deal

    Attorneys representing a proposed class of consumers in a data breach suit against online lending marketplace LendingTree will receive over $291,000 for their work brokering an $875,000 settlement, a North Carolina federal judge has decided.

  • February 28, 2024

    Novant In-House Attys Want Access To Confidential FTC Info

    Novant Health has asked to tweak a protective order in the Federal Trade Commission's merger challenge regarding its $320 million plan to buy two hospitals in North Carolina, saying the current order designates nearly the entire investigative file confidential and is "unworkable."

  • February 27, 2024

    Justices Skeptical Of Workability In BofA Preemption Fight

    The U.S. Supreme Court appeared hesitant Tuesday to side with consumers who say that Bank of America and other national banks can't claim exemption from state laws in court without first proving "significant" interference from them, signaling practical concerns about what reversing a contrary Second Circuit decision could entail.

  • February 27, 2024

    New Lead Confirmed For Watchdog Office For Fed. Employees

    The U.S. Senate voted 49-47 on Tuesday night to confirm Hampton Dellinger, a former Boies Schiller Flexner LLP partner, to lead the federal watchdog agency charged with protecting federal employees' interests.

  • February 27, 2024

    Hospital Groups Allege Opioid Crisis Damaged Their Finances

    More than 20 hospitals and related companies have joined multidistrict litigation over the opioid epidemic, alleging in a massive new complaint that pharmacies, drug distributors and others contributed to a crisis that damaged hospitals' finances and strained their ability to help patients.

  • February 27, 2024

    Company Escapes Coverage Row Over Lethal Ammonia Leak

    A contractor's affiliate whose employee died in an ammonia leak at a North Carolina cold storage facility needn't face claims stemming from the accident, the North Carolina Business Court said in a lawsuit originally brought against three insurers and others over coverage for the leak.

  • February 27, 2024

    Split 4th Circ. Panel Refuses To Reopen Sex Bias Suit

    The Fourth Circuit backed the dismissal Tuesday of a lawsuit from a parole agency worker who was accused of having a romantic relationship with a subordinate and subsequently quit after being forced to take a polygraph test.

  • February 27, 2024

    Sheriff, Clerk Tacked On To NC Court Software Class Action

    The Mecklenburg County sheriff and clerk of courts have joined a growing list of defendants in a proposed civil rights class action alleging that North Carolina's new digital court system has led to unlawful arrests and detentions in the Tar Heel State.

  • February 27, 2024

    NC Short-Term Rental Law Fight Gets Partial Remand

    A North Carolina federal judge divvied up a proposed class action lodged by three vacation property companies claiming a county's recently passed zoning ordinance illegally places restrictions on short-term rentals, sending the state law claims back to state court but maintaining jurisdiction over the federal allegations.

Expert Analysis

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Regulatory Trends Offer 4 Lessons For Debt Relief Providers

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    A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    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.

  • A Post-Mortem Analysis Of Stroock's Demise

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    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.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    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.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    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.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    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.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    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.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    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.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    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.

  • Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.

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    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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