North Carolina

  • 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

    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.

  • February 26, 2024

    BofA Battle Will Test Preemption's Reach At High Court

    The U.S. Supreme Court is set Tuesday to consider whether federal law exempts national banks from state-level escrow interest requirements, a case whose technical-sounding focus belies its hefty implications for the balance of federal and state regulatory power over many of the nation's big banks.

  • February 26, 2024

    Clement, Prelogar Odd Bedfellows In Social Media Showdown

    After GOP-led states targeted perceived stifling of conservative voices on social media, Monday's oral arguments at the U.S. Supreme Court could have featured predictable partisan fissures. But the case instead illustrated that legal ideology in the digital age is sometimes surprising.

  • February 26, 2024

    NC Health Data Breach Class Deal Gets Preliminary OK

    A North Carolina state judge has preliminarily approved a settlement resolving a class action against an orthopedic practice over a data breach that compromised sensitive personal information and medical records of current and former patients.

  • February 26, 2024

    KBR Urges 4th Circ. To OK $8M Award Against Kuwaiti Co.

    A global engineering corporation has asked the Fourth Circuit not to overturn a lower court decision enforcing an approximately $8 million arbitral award against a Kuwaiti construction company after a dispute over Iraqi wartime contracts, saying nothing warrants upending the award.

  • February 26, 2024

    Justices Say Social Media Speech Laws Pose 'Land Mines'

    The U.S. Supreme Court seemed skeptical Monday of the constitutionality of Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, but struggled with whether the still-developing records in the lawsuits challenging the regulations could support a meaningful ruling on platforms' First Amendment rights.

  • February 26, 2024

    NC Hospital's Weak Data Security Led To Breach, Suit Says

    A patient filed a proposed class action in North Carolina's business court alleging a hospital system's inadequate data security resulted in a breach that allowed hackers to access private personal and health information.

  • February 26, 2024

    JetBlue, Spirit Tell 1st Circ. $3.8B Deal Is Good For Most Fliers

    JetBlue Airways and Spirit Airlines told the First Circuit on Monday that a $3.8 billion merger should not have been blocked because the judge who stopped the sale sought to protect a small, hypothetical subset of travelers to the detriment of the vast majority who stand to benefit from the deal.

  • February 26, 2024

    Wells Fargo Rate-Lock Extension Fee Suit Tossed, For Now

    A California federal judge on Monday dismissed a Wells Fargo customer's proposed class action seeking disgorgement of "billions" of dollars that the plaintiff alleged the bank earned by charging certain mortgage fees it later refunded, concluding the lawsuit failed to make specific factual allegations of wrongdoing.

  • February 26, 2024

    Prosecutors Ask NC Justices To Enforce Ban On MV Realty

    Prosecutors told the North Carolina Supreme Court on Monday that MV Realty is trying to dodge the state's efforts to put it out of business, first with a bankruptcy filing and then by asking the court last week to overturn a decision blocking the company's operations in the state.

  • February 26, 2024

    NC Legal Advice Law Fight Targets Wrong Party, AG Says

    A North Carolina nonprofit challenging a state law banning anyone but a fully licensed attorney from offering legal advice has sued the wrong party, the state attorney general's office said Monday in seeking to have the case tossed.

  • February 26, 2024

    Miffed NC Biz Court Mulls Sanctions After Missed Deadlines

    A North Carolina Business Court judge on Monday chided counsel on both sides of an employment dispute for missing important deadlines on the eve of a jury trial, causing him to postpone the trial indefinitely and contemplate dismissing the case entirely.

  • February 26, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.

  • February 26, 2024

    BP, Chevron Lose 4th Circ. Fight Over Climate Suit Venue

    The Fourth Circuit on Monday rejected the latest attempt by BP, Chevron, ExxonMobil and other oil titans to go to federal court to litigate complaints that accuse them of lying about fossil fuels' climate effects, joining multiple courts in reasoning that the claims don't invoke federal law.

Expert Analysis

  • 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.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    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.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    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.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

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    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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