North Carolina

  • March 20, 2024

    Republican Bill Targets Colleges Hiring Unauthorized Workers

    Sen. J.D. Vance, R-Ohio, and Rep. Jim Banks, R-Ind., have introduced legislation to prevent universities that receive federal funding from hiring unauthorized immigrants.

  • March 20, 2024

    How The Supreme Court Could Narrow Chevron

    After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.

  • March 20, 2024

    Breaking Down Each State's Climate Priority Policies

    Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.

  • March 20, 2024

    Law360 Announces The Members Of Its 2024 Editorial Boards

    Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.

  • March 20, 2024

    US Chamber's Litigation Funding Concerns Spur 2 State Laws

    Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.

  • March 19, 2024

    Full 4th Circ. Won't Hear Record Labels' Piracy Fight With ISP

    The Fourth Circuit will not reconsider its decision to vacate a $1 billion verdict against Cox Communications for allowing piracy on its networks, it said Tuesday, despite neither side being happy with its ruling.

  • March 20, 2024

    Senate Confirms SEIU General Counsel As 4th Circ. Judge

    The Senate voted 50-47 on Tuesday evening to confirm Nicole Berner, general counsel of the Service Employees International Union, to a Fourth Circuit judgeship.

  • March 19, 2024

    Wells Fargo Race Bias Suit Sent To Arbitration In NC

    Wells Fargo won its bid to arbitrate hiring discrimination claims brought by two Black temp workers in North Carolina alleging they were overlooked for full-time positions at the bank and forced out after raising concerns.

  • March 19, 2024

    NC Panel Rules Nonprofit Not Entitled To Tax Exemption

    A North Carolina manufactured home community doesn't qualify for a charitable tax exemption because providing land for housing units isn't considered equivalent to providing affordable housing for low-income individuals, the state appeals court ruled Tuesday.

  • March 19, 2024

    Uber, Progressive Unit Settle NC Widower's Coverage Fight

    The widower of an Uber Eats driver who died in a car crash on the job has settled his lawsuit seeking a payout for the accident from the ride-hailing giant and its insurer, according to a notice filed in North Carolina federal court.

  • March 19, 2024

    4th Circ. Judges Vexed By Disputes In Inmates' Wage Suit

    The Fourth Circuit appeared poised Tuesday to revive claims by Maryland inmates seeking minimum wage for doing county recycling work, with judges indicating that the case is still plagued by unknowns.

  • March 20, 2024

    Future Of Judge-Shopping Reform Hazy After Rule Proposal

    The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.

  • March 19, 2024

    Confederate Statue At NC Courthouse Must Stay, Panel Says

    The North Carolina Court of Appeals ruled Tuesday that local officials can't get rid of a Confederate statue outside a county courthouse, finding the statue is protected by a state law barring the removal of historic monuments.

  • March 19, 2024

    NCAA Hit With Putative Action Challenging Prize Money Rule

    The NCAA is facing yet another legal challenge over its limits on athlete compensation, as a proposed class action in North Carolina looks to knock down the association's rules barring players from collecting prize money in outside competitions.

  • March 19, 2024

    NC Med Mal Appeal Remains Dismissed Over Timeliness

    A North Carolina appeals panel on Tuesday declined to revive a family's medical malpractice wrongful death suit against a doctor and physician group, saying even if the court sets aside the rules violations that doomed the appeal before, it must still be dismissed for being filed too late.

  • March 18, 2024

    Corteva Wants Jury Trial In FTC Pesticides Case

    Corteva has demanded a jury trial for the Federal Trade Commission's case in North Carolina federal court accusing Corteva and Syngenta of blocking competition from generic pesticides through rebate programs.

  • March 18, 2024

    Airgun Exec Hiding Biz Info From Overseer, Court Told

    The receiver of an airgun seller asked the North Carolina Business Court to tighten restrictions on its chief executive, who is accused of using the company as his personal piggy bank, telling the court that the executive is believed to be taking company property and money following "deteriorating cooperation."

  • March 18, 2024

    4th Circ. Sends Opioid 'Nuisance' Question To W.Va. Top Court

    The Fourth Circuit asked West Virginia's high court Monday to determine whether the state's public nuisance law can be used to target companies that shipped drugs to pharmacies in a community ravaged by addiction, a crucial question in litigation spawned by the opioid crisis.

  • March 18, 2024

    NC Judge Axes Wage Suit After Attys Flout Pretrial Deadlines

    A North Carolina judge has cast out an employment dispute between a funeral home and its former president on the eve of trial after both sides neglected deadlines, saying he'll dismiss the case in its entirety with a chance to refile and "clean the slate."

  • March 18, 2024

    Vexed Judge Rejects Apple Affiliate's Bid To Duck Judgment

    A visibly nettled federal judge on Monday rejected another attempt by an Apple-affiliated repair company to dodge final judgment in a multistate wage class action while also promising to look into whether there was an oversight made in issuing final judgment.

  • March 18, 2024

    Lack Of Permanent Workers Dooms Bid For H-2B Kitchen Staff

    A staffing firm's admission that it doesn't have employees in North Carolina undermined its request to temporarily hire 75 foreign workers to staff a North Carolina restaurant, according to a recent decision from a U.S. Department of Labor administrative law judge.

  • March 18, 2024

    4th Circ. Preview: Airport Mishap, Inmate Pay Launch March

    The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.

  • March 18, 2024

    Farmers Seek Quick Win In H-2A Suit Against DOL

    Visa-filing agency USA Farm Labor Inc. and a slew of farms and ranches said the attorney general didn't approve the U.S. Department of Labor's rule regulating wages for foreign H-2A farmworkers, urging a North Carolina federal judge to hand them a win.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 15, 2024

    Insurance Mogul Hit With $500K Judgment For Website Co.

    The legal woes of embattled North Carolina insurance mogul Greg Lindberg were compounded when a federal judge ordered him and one of his companies to pay nearly half a million dollars, including interest and attorney fees, to an internet marketing company for a payment he missed following his sentencing on federal bribery charges.

Expert Analysis

  • NBA Players Must Avoid Legal Fouls In CBD Deals

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    The NBA’s recently ratified collective bargaining agreement allows athletes to promote CBD brands and products, but athletes and the companies they promote must be cautious of a complex patchwork of applicable state laws and federal regulators’ approach to advertising claims, says Airina Rodrigues at Brownstein Hyatt.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • 4th Circ. Ruling Continues Trend Of Insurer Bump-Up Wins

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    The Fourth Circuit's recent decision in Towers Watson v. National Union Fire Insurance, finding no directors and officers insurance coverage for underpayment in a reverse triangular merger, supports an emerging consensus that "acquisition" encompasses a variety of transaction types for the purposes of D&O bump-up exclusions, say Joshua Polster and Charlotte McCary at Simpson Thacher.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • 4th Circ. Ruling Outlines Defense Against Retaliation Claims

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    The Fourth Circuit's surprising decision in Johnson v. Global Language Center eschewed the low standard typically applied to demonstrating protected activities under Title VII and could affect internal complaint processes and the retaliation defenses available to employers, say Tory Summey and Zack Anstett at Parker Poe.

  • High Court Cert Denial Puts New Spotlight On Plea Bargains

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    The U.S. Supreme Court’s refusal to hear Davis v. U.S. — provoking two justices’ dissent — highlights a lesser-known circuit split on whether an attorney's failure to pursue a plea agreement constitutes ineffective assistance of counsel, and will likely spur several key changes in criminal law practice, says Spencer Gottlieb at Perkins Coie.

  • How Courts Are Treating SEC Disgorgement 3 Years After Liu

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    Following the U.S. Supreme Court's 2020 Liu decision on the U.S. Securities and Exchange Commission's ability to seek equitable disgorgement of defendants' net profits, case law is veering significantly in the SEC's favor, and there are four key issues to follow, say Amy Jane Longo and Brooke Cohen at Ropes & Gray.

  • Now Is The Time For State And Local Sales Tax Simplification

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    In the five years since the U.S. Supreme Court’s landmark decision in South Dakota v. Wayfair, state and local governments increasingly rely on sales tax, but simple changes are needed to make compliance more manageable for taxpayers, wherever located, without unduly burdening interstate commerce, says Charles Maniace at Sovos.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • The Texas Two-Step May Be Losing Steam

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    The Texas Two-Step is a powerful bankruptcy strategy that has been used in recent high-profile cases, including Johnson & Johnson’s talc unit bankruptcy case, but ongoing debate and legal challenges raise the question of whether this maneuver is losing reliability, say Brendan Best and Justin Allen at Varnum.

  • 3 Abortion Enforcement Takeaways 1 Year After Dobbs

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    A year after the U.S. Supreme Court overturned the constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, confusion continues to abound amid the quagmire of state-level enforcement risks, federal efforts to protect reproductive health care, and fights over geolocation data, say Elena Quattrone and Sarah Hall at Epstein Becker.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • Opinion

    ALI, Bar Groups Need More Defense Engagement For Balance

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    The American Law Institute and state bar committees have a special role in the development of the law — but if they do not do a better job of including attorneys from the defense bar, they will come to be viewed as special interest advocacy groups, says Mark Behrens at Shook Hardy.

  • High Court Ruling Wouldn't Change Federal Affirmative Action

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    If the U.S. Supreme Court's eventual decision in two cases concerning affirmative action indicates that using race or ethnicity as a factor in college admissions is illegal, it would align with how the Office of Federal Contract Compliance Programs already enforces nondiscrimination regulations for government contractor hiring, say Joanna Colosimo and Evan Szarenski at DCI Consulting.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

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