North Carolina

  • April 26, 2024

    Truist Unit Survives Early Dismissal Bid In NC Poaching Suit

    Truist Financial Corp. and its real estate finance arm can move forward with the bulk of their suit accusing three former executives of absconding for a competitor with several dozen colleagues in tow, after North Carolina's business court judge largely denied the defendants an early exit.

  • April 26, 2024

    Under Armour Investor Urges 4th Circ. To Revive Suit

    An Under Armour Inc. shareholder has urged the Fourth Circuit to resurrect his lawsuit that alleges company executives artificially inflated Under Armour's share price and cashed out before the stock plummeted, arguing the lower court erred in ruling that it did not have the power to hear the case.

  • April 26, 2024

    HCA Owes OT, Break Wages, Ex-NC Hospital Worker Says

    A longtime respiratory therapist at a western North Carolina hospital accused the system's owners of manipulating employees' time sheets to remove hours they worked and automatically deducting lunch breaks workers couldn't take in a proposed collective action filed in federal court.

  • April 26, 2024

    Pacific Territories Temporarily Freed From 'Buy America' Rules

    The Northern Mariana Islands, Guam and American Samoa are exempt from "Buy America" requirements for certain federally funded infrastructure projects until March 2025, according to a policy the U.S. Department of Transportation released Friday to reduce the far-flung territories' infrastructure costs.

  • April 26, 2024

    CBD Co's CEO Agrees To Pay $350K To End SEC Suit

    The one-time chief officer of cbdMD Inc. has agreed to pay $350,000 to end a civil enforcement action brought by the U.S. Securities and Exchange Commission accusing him of defrauding investors of a private investment fund he managed.

  • April 26, 2024

    2 NC Sens. Seek Atty Fee Cap In Debt Collection Suits

    Two Republican North Carolina lawmakers have proposed state legislation that would close a loophole for attorney fees in debt collection actions while giving courts more power to determine a reasonable charge.

  • April 26, 2024

    JPMorgan Says Ex-Adviser Is Pilfering Clients For Wells Fargo

    J.P. Morgan has accused a former investment management adviser of trying to poach clients for her new job at a competing Wells Fargo unit, saying she's been making unsolicited phone calls and sending emails to convince clients to leave in breach of her employment contract.

  • April 25, 2024

    Deals Rumor Mill: Paramount, Salesforce, ShipBob

    Sony and Apollo Global Management may make a joint bid for Paramount Global, Salesforce Inc. has abandoned its effort to potentially buy data-management software company Informatica, and e-commerce fulfillment service provider ShipBob Inc. is readying an IPO. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • April 25, 2024

    NC Hospital Leader Condemns FTC's Merger Block Bid

    The chief of staff for a North Carolina hospital in the midst of a merger battle ripped the care facility's current owners Thursday in a show of support for new ownership, pleading for federal antitrust regulators to get out of the way lest they usher in "a year long death marked by suffering" for the hospital.

  • April 25, 2024

    Atty Slams Mogul's Fight For Bank Records As Waste Of Time

    An attorney struck back against an airline mogul's attempt to acquire his bank records as part of a hacking lawsuit, telling a federal court that a subpoena was invalid because it was sent under an improper bank name.

  • April 25, 2024

    Nursing Agency Urges 4th Circ. To Overturn $9M Wage Ruling

    A nurse staffing agency pressed the Fourth Circuit to overturn a lower court's decision ordering the agency to pay workers $9 million in a misclassification suit brought by the U.S. Department of Labor, saying the lower court should have made the government prove the nurses were employees.

  • April 25, 2024

    Attys, Insurance Agent Found Guilty Of Tax-Avoidance Scheme

    Two St. Louis tax attorneys and a North Carolina insurance agent on Thursday were found guilty on all counts of conspiring to defraud the federal government and aiding in the filing of false tax returns for their role in a tax avoidance scheme that prosecutors claim cost the Internal Revenue Service more than $4 million.

  • April 25, 2024

    Ex-Defender Says Feds Can't Hide Other Harassment Reports

    A former assistant federal defender wants to make certain #MeToo evidence public following the trial in a case accusing the judiciary of botching its probe into her own sexual harassment complaint, saying the contents of similar allegations concerning the Federal Defender's Office have already been publicly revealed.

  • April 25, 2024

    Fla. Sues ACC, Saying Media Contracts Are Public Records

    Florida's attorney general sued the Atlantic Coast Conference on Thursday, claiming the collegiate athletic conference wrongfully withheld media rights contracts from public review that are at the center of Florida State University's fight to leave the ACC.

  • April 24, 2024

    Tax Fraud Case Skewed By Prosecutors' Spin, NC Jury Told

    Prosecutors and defense attorneys in a tax fraud trial against two lawyers and an insurance agent traded final barbs Wednesday in a North Carolina courtroom before sending the jury to deliberate, with the defendants again defending the tax plan at the center of the government's case and accusing prosecutors of making up facts.

  • April 24, 2024

    NC Biz Court Trims School Food Servicer's Noncompete Suit

    The North Carolina Business Court on Wednesday pared a cafeteria food provider's lawsuit alleging a former sales director absconded with confidential information to a rival business, reasoning the Tar Heel State's laws aren't applicable over alleged out-of-state conduct.

  • April 24, 2024

    Feds Want Disbarred Atty's FOIA Suit Over USPTO Docs Axed

    The federal government urged a North Carolina federal court Wednesday to toss a disbarred attorney's sprawling Freedom of Information Act lawsuit over U.S. Patent and Trademark Office documents, arguing the case is one of a dozen duplicative, meritless suits the plaintiff has filed.

  • April 24, 2024

    3 Takeaways On How AI Is Forcing Publicity Rights To Evolve

    As digital replicas of someone's voice, image or likeness become easier to create with the help of artificial intelligence, this new era of deepfakes is shining a spotlight on the nation's patchwork of right-of-publicity laws and raising questions over when Congress may act to pass a national framework.  

  • April 24, 2024

    Borrower Asks Full 4th Circ. To Hear Debt Canceling Case

    A student loan borrower has asked the full Fourth Circuit to rehear his claims that a Pennsylvania loan servicer thwarted forgiveness of his federal student loans, arguing that the circuit court had overlooked parts of the loan servicing agreement that provided important context to his argument.

  • April 24, 2024

    McKesson Ends Ex-Sales VP's Title VII Suit Over Vax Refusal

    McKesson Corp. reached an agreement with a former sales vice president to end her lawsuit accusing the drug distributor of firing her because her Christian beliefs barred her from getting the COVID-19 vaccine, according to a filing in North Carolina federal court.

  • April 24, 2024

    Raleigh, NC, Seeks Dismissal Of Ex-Cop's OT Suit

    The city of Raleigh, North Carolina, asked a federal judge Wednesday to toss an ex-police officer's lawsuit alleging it illegally compelled officers to accept time off rather than pay overtime premiums, arguing it acted in accordance with federal labor law.

  • April 24, 2024

    4th Circ. Revives Worker's Age Bias Suit Against IT Co.

    The Fourth Circuit on Wednesday reinstated a former information technology company worker's lawsuit alleging she was unlawfully fired and replaced by someone nearly 30 years her junior, saying a trial court held her to too high a standard when it threw out her case.

  • April 23, 2024

    Feds Urge Court To Admit Ex-VP Info In Mogul's Bribery Case

    Federal prosecutors have struck back against embattled insurance mogul Greg Linderg's attempt to keep evidence about a former employee's alleged involvement in a bribery scheme from a jury, telling the court that the employee's acquittal on related charges doesn't make evidence dealing with him inadmissible.

  • April 23, 2024

    NC Justices Urged To Reject Greg Lindberg Co.'s Review Bid

    North Carolina's insurance commissioner urged the state's supreme court to prevent a company controlled by insurance mogul Greg Lindberg from intervening in the liquidation proceedings of two of his life insurance companies, arguing a state appeals panel correctly held that an insurer's directors, but not shareholders, may intervene.

  • April 23, 2024

    Ex-Public Defender Wants 4th Circ. To End Wait In Bias Suit

    A former public defender suing the federal judiciary for allegedly failing to take her sexual harassment claims seriously asked the Fourth Circuit on Tuesday to force a federal judge's hand after more than four months without a ruling following a bench trial, saying a decision on her long-pending bid for a preliminary injunction is overdue.

Expert Analysis

  • What Courts' Deference Preference Can Mean For Sentencing

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    The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • Bankruptcy Ruling Shows Section 363's Magic Has Its Limits

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    The Ninth Circuit Bankruptcy Appellate Panel's recent ruling in Groves demonstrates that Section 363 — which allows a debtor-in-possession to sell their property in order to generate cash — fails as a tool when it’s used to turn a nondebtor entities' property into property of a debtor's bankruptcy estate, says Brian Shaw at Cozen O'Connor.

  • NC Sports Betting Law May Bring New Blockchain Frontier

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    North Carolina's new law that allows online and retail betting on professional, college and esports sports events has provided the blockchain industry with an opportunity to prove that its technology is better than that of traditional financial systems by listing cryptocurrencies as an accepted asset to wager, says Samir Patel at Holland & Knight.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • What Patent Bills Would Mean For Infringement Litigation

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    Attorneys at Farella Braun summarize a pair of recently introduced patent bills — one that would reform patent eligibility and another that would change procedures for litigating patent invalidity — and explore the potential impact of each.

  • Rebuttal

    Mallory Ruling Doesn't Undermine NC Sales Tax Holding

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    Contrary to the conclusion reached in a recent Law360 guest article, the U.S. Supreme Court’s recent Mallory ruling shouldn't be read as implicitly repudiating the North Carolina Supreme Court’s sales tax ruling in Quad Graphics v. North Carolina Department of Revenue — the U.S. Supreme Court could have rejected Quad by directly overturning it, says Jonathan Entin at Case Western Reserve.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • A Closer Look At Competing Stablecoin Legislative Proposals

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    Attorneys at Davis Polk dissect the key similarities and differences between competing stablecoin discussion drafts from Reps. Patrick McHenry and Maxine Waters, and while neither bill is enjoying overwhelming bipartisan support, there appears to be a greater sense of urgency for legislative intervention in the crypto industry.

  • Opinion

    Justices' Job Transfer Review Should Hold To Title VII Text

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    The U.S. Supreme Court's upcoming decision in Muldrow v. City of St. Louis should hold that a job transfer can be an adverse employment action, and the analysis should be based on the straightforward language of Title VII rather than judicial activism, say Lynne Bernabei and Alan Kabat at Bernabei & Kabat.

  • Immigration Program Pitfalls Exacerbate Physician Shortages

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    Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

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