North Carolina

  • March 22, 2024

    Trims Recommended In Zelle Fraud Victims' Case Against BofA

    A North Carolina federal magistrate judge has recommended trimming claims in a proposed class action that alleges Bank of America NA didn't compensate for or adequately investigate scammers' unauthorized Zelle transactions despite assurances to victims who lost thousands of dollars.

  • March 22, 2024

    Bestwall Says 'Texas Two-Step' Irrelevant To Asbestos Ch. 11

    Bestwall, the bankrupt asbestos unit of Georgia-Pacific, told the U.S. Supreme Court Friday that a pre-bankruptcy corporate restructuring in Texas that separated its asbestos liability from the parent business should not matter in determining whether a bankruptcy court has jurisdiction over the subsidiary's asbestos injury claims.

  • March 22, 2024

    Firearms Co. Agrees To Dissolve Amid Conn. 'Ghost Gun' Suit

    One of four firearms companies that the Connecticut attorney general sued in 2023 over the online sale of "ghost gun" parts has stopped operating and agreed to dissolve, according to a stipulated judgment that would release Florida-based Steel Fox Firearms Inc. from the litigation.

  • March 22, 2024

    Parts Of Secret Recording Buried In Blackbeard Ship Suit

    A North Carolina state judge has ruled that parts of a secret recording of a 2014 meeting between the state Department of Natural and Cultural Resources and the organization that discovered the pirate Blackbeard's sunken ship fall under attorney-client privilege and must be redacted as part of a contract dispute over footage and images of the ship.

  • March 22, 2024

    Push For Camp Lejeune Jury Trials Seen As Long Shot

    The legal strategy to secure jury trials in the massive Camp Lejeune water contamination case hangs on a single phrase in a special law stating "nothing" shall impair such trials, but the plaintiffs' gambit is a long shot because Congress didn't go far enough in creating a framework for such trials against the government.

  • March 21, 2024

    MDL Claims Over Merck's Gardasil Vax Get Trimmed

    Pharmaceutical giant Merck need not face many of the claims by patients who allege their autoimmune conditions were caused by its HPV vaccine, a North Carolina federal judge overseeing multidistrict litigation ruled, saying the National Childhood Vaccine Injury Act bars most claims made in the first two bellwethers.

  • March 21, 2024

    Wash. Judge Says Debt Collector Owes $827K For Violations

    A Washington state judge has ordered a medical debt collector to pay more than $827,000 in penalties for failing to include certain debtor's rights information in collection notices sent to tens of thousands of Washingtonians for outstanding balances tied to Providence Health & Services hospitals.

  • March 21, 2024

    Varsity Cheer Victim Sees Claims Cut In NC Sex Abuse Suit

    Two North Carolina cheer coaches and the U.S. All Star Federation have escaped claims they flouted federal law by failing to report the sexual abuse of a young athlete, with a judge finding they can't be held liable for "aiding and abetting" the alleged abuse.

  • March 21, 2024

    NY Disbars 'Copyright Troll' Atty For Ignoring Orders, Lying

    A suspended New York attorney who became known as a "copyright troll" has been disbarred, with a state appeals court concluding that a long pattern of noncompliance with court orders and making false representations during cases merits the punishment.

  • March 21, 2024

    Wells Fargo Overcharged Military Members, Suit Says

    Wells Fargo was hit with a potential class action Wednesday alleging that the bank violated federal law and broke a program's promises by overcharging active duty military members in fees and interest while trying to hide the indiscretion.

  • March 21, 2024

    Asbestos Claimants Balk At Subpoena For Claims Data

    The asbestos injury claimants in the two Chapter 11 cases of CertainTeed spinoff DBMP LLC and Aldrich Pump LLC have asked a North Carolina judge to reject DBMP's request to access Aldrich Pump's asbestos claims records, saying it is unnecessary and invading the claimants' privacy.

  • March 21, 2024

    Pool Company Aims To Bar Rival's False Ads After Verdict

    A swimming pool equipment manufacturer is looking to permanently ban a competitor from using deceptive marketing techniques on Amazon after a federal jury in North Carolina slapped the rival company with a nearly $15 million verdict for false advertising and unfair business practices.

  • March 21, 2024

    Barings' Exec Helped Raid Employees To Join Rival, Suit Says

    A former executive of the investment firm Barings LLC is accused of joining a rival firm who together conspired to hire away 21 Barings employees and then offered to buy the decimated Barings unit for "on the dollar" in "one of the largest corporate raids at an asset manager in years," a suit alleges.

  • March 21, 2024

    Lawmakers Eye Permanent Status For 10 Federal Judgeships

    A bipartisan group of federal lawmakers has put forward bills in the Senate and House that would make 10 temporary district judgeships permanent in 10 states including Texas, Florida and California.

  • March 21, 2024

    Government Contractor Wants Out Of Exit Pay Suit

    A government contractor said federal law doesn't cover its policy giving employees a bonus upon retirement, but workers lodging a lawsuit against the company weren't eligible for the payments anyway, urging a North Carolina court to toss the suit.

  • March 20, 2024

    4th Circ. Backs Rockefeller Group in Guatemalans' Syphilis Suit

    A group of Guatemalans who sued The Rockefeller Foundation over venereal disease experiments conducted on prisoners and psychiatric patients in the 1940s did not show an American doctor involved in the gruesome activities acted on behalf of the organization, a Fourth Circuit panel ruled Wednesday.

  • March 20, 2024

    Williams Mullen Litigator To Lead Firm For 4th Term

    Williams Mullen is staying the course with its leadership, tapping Calvin W. "Woody" Fowler Jr. to serve a fourth term as its president and CEO, while the firm continues to ride a streak of revenue growth and high-profile additions.

  • March 20, 2024

    NC Printing Co. Settles DOJ Citizenship Discrimination Claim

    A North Carolina printing company has settled allegations leveled by the Justice Department that it unlawfully discriminated against a worker based on her citizenship status.

  • 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.

Expert Analysis

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Earnout Contract Considerations After NC Good Faith Ruling

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    The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • The Self-Funded Plan's Guide To Gender-Affirming Coverage

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    Self-funded group health plans face complicated legal risks when determining whether to cover gender-affirming health benefits for their transgender participants, so plan sponsors should carefully weigh how federal nondiscrimination laws and state penalties for providing care for trans minors could affect their decision to offer coverage, say Tim Kennedy and Anne Tyler Hall at Hall Benefits Law.

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