North Carolina

  • December 08, 2023

    Circuit-By-Circuit Guide To 2023's Most Memorable Moments

    A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.

  • December 08, 2023

    Solicitor General Urges Justices To Ax Social Media Laws

    U.S. Solicitor General Elizabeth B. Prelogar has called on the U.S. Supreme Court to strike down laws in Texas and Florida that bar social media platforms from banning users or removing content, saying the content moderation provisions violate the First Amendment.

  • December 08, 2023

    Widow Appeals Suit Over Husband's Suicide To NC High Court

    A North Carolina woman is asking the state Supreme Court to revive a medical malpractice suit against a hospital over her husband's suicide after the lower courts ruled her case could not overcome the hospital's immunity under state law.

  • December 08, 2023

    SC Argues With 4th Circ. Over Right To Sue Under Medicaid

    A recently decided U.S. Supreme Court case that tailored the test for when private lawsuits can be filed under a federal health law took center stage Friday at the Fourth Circuit, where judges grappled with whether they must rethink a previous ruling preventing South Carolina from dropping a Medicaid provider pact it had with Planned Parenthood.

  • December 08, 2023

    GOP Chair Urges DOL Not To Create Joint Employer Rule

    The House Education and the Workforce Committee's chairwoman urged the U.S. Department of Labor to commit that it will not issue its own version of a rule mulling joint employment like the National Labor Relations Board recently did.

  • December 08, 2023

    Hemp Cos. Tell 4th Circ. To Block Va.'s 'Total THC' Law

    A group of hemp companies is asking the Fourth Circuit to issue an injunction blocking the enforcement of a new Virginia law that bans hemp products based on their total THC, saying a district court was wrong in concluding the law was not preempted by the 2018 farm bill.

  • December 08, 2023

    Ex-Worker Says Western & Southern Robbed Her Of $1M

    Western & Southern Financial Group Inc. allegedly fired a 73-year-old insurance sales representative based on trumped-up misconduct allegations in order to get out of paying her the more than $1 million she had earned from a company retention incentive program upon her retirement, a new suit says.

  • December 08, 2023

    NC Justice Loses 4th Circ. Bid To Halt Probe Into Speech

    The Fourth Circuit refused on Friday to shut down an investigation by a North Carolina judicial watchdog into comments made by state Justice Anita Earls as part of her lawsuit alleging her First Amendment rights are being violated by the probe.

  • December 08, 2023

    Off The Bench: NCAA Pay Plan, Title IX Claims, Graffiti Smear

    In this week's Off The Bench, the NCAA proposes opening the vaults, female athletes accuse the University of Oregon of unequal treatment, and a former college hockey player claims he was wrongly labeled as antisemitic. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • December 08, 2023

    Carrier Inks $5B Deal To Sell Security Biz To Honeywell

    Carrier Global Corp. agreed to sell its security business, Global Access Solutions, to Honeywell at an enterprise value of $4.95 billion, the companies said in separate statements Friday. 

  • December 07, 2023

    Judge Drops MedCost From Suit Challenging Coverage Denial

    A North Carolina federal judge cited lack of jurisdiction as he dismissed MedCost from a lawsuit that accused the insurer and others of illegally refusing to cover the cost of an individual's stay at a residential treatment center.

  • December 07, 2023

    Blue Cross Unit 'Abused' Control Of Health Plan, Suit Says

    The Blue Cross of Idaho has "abused" its role as the administrator of a fragrance company's employee health plan and deprived the company of at least $1.6 million, the fragrance company alleges.

  • December 07, 2023

    NC Radiology Group, Broker Strike Deal In Cyberattack Row

    A North Carolina radiology practice told a federal court Thursday it struck a deal with its insurance broker resolving its suit alleging it lost more than $1 million as a result of a ransomware attack that occurred shortly after the broker allowed cyber liability coverage to lapse.

  • December 07, 2023

    NCAA Legal Woes Swell As 7 States Sue Over Transfer Rule

    Seven state attorneys general have filed a lawsuit in West Virginia federal court against the NCAA over its transfer eligibility rule for college sports, cutting deeper into the threads of the ropes restraining student-athletes from profiting off their names, images and likenesses.

  • December 07, 2023

    4th Circ. Reluctant To Reverse White Exec's Race Bias Verdict

    The Fourth Circuit on Thursday seemed dubious of undoing a multimillion-dollar jury verdict finding that a white executive was unlawfully fired as part of a North Carolina hospital's diversity, equity and inclusion plan, with one judge stating almost as soon as arguments began that the hospital had a "fairly steep hurdle to climb."

  • December 07, 2023

    Judge Says BofA Foreign Exchange Rate Suit Should Proceed

    Bank of America NA shouldn't be allowed to escape a proposed class action alleging certain cardholders were charged worse than average exchange rates on transactions in foreign currencies, a North Carolina federal magistrate judge has determined.

  • December 07, 2023

    4th Circ. Doubts Link Between Rockefeller And Syphilis Tests

    The Fourth Circuit on Thursday lambasted the argument by Guatemalan citizens that the Rockefeller Foundation could be held liable for nonconsensual human venereal disease experiments in the 1940s, casting the citizens' evidence as strained and tenuous.

  • December 07, 2023

    Apple Affiliates Can't Get Final Judgment Redo In Wage Row

    A North Carolina federal judge declined to revise his final decision that several partner entities of an Apple-affiliated repair company were liable for hundreds of thousands of dollars in damages in a multistate wage class action, saying he did not find any issues warranting a correction.

  • December 07, 2023

    Post-Shift Waiting Time Is OT, Credit Union Worker Tells Court

    A North Carolina credit union forced call center workers to perform preshift activities and to wait at their workstations after their shifts without commensurate overtime pay, a former employee alleged in a proposed class and collective action in federal court.

  • December 07, 2023

    Home Health Co.'s H-2B Request Revived For Dying Daughter

    A U.S. Department of Labor appeals board has ordered a department officer to reopen a North Carolina home healthcare company's hiring request for two foreign health aides, saying the company showed that its need would end upon the impending death of its owner's daughter — the company's only patient.

  • December 07, 2023

    NC Panel Rules No Evidence Patient Signed Arbitration Form

    A North Carolina appeals court said it will not, and "in fact cannot," push into arbitration a personal injury lawsuit against a nursing facility, siding with a lower court that determined no one witnessed the patient's signing the arbitration agreement.

  • December 07, 2023

    Gay Spiritual Resident Says He Was Fired For Bias Complaint

    A spiritual care resident was fired from a North Carolina hospital mere hours after he complained that colleagues harassed him for being gay and called his sexuality a sin, according to his civil rights lawsuit filed in North Carolina federal court Thursday.

  • December 07, 2023

    Democratic AGs Say National Banks Bucking Investigations

    A coalition of Democratic state attorneys general called Wednesday for backup from the Office of the Comptroller of the Currency and Consumer Financial Protection Bureau in taking on what the state prosecutors say has been persistent stonewalling of their investigations by national banks.

  • December 06, 2023

    BofA CEO Shrugs Off Mortgage Fears In CFPB Funding Case

    At a Senate hearing Wednesday, Bank of America's top executive downplayed concerns about blowback for mortgage lending if the U.S. Supreme Court rules broadly against the Consumer Financial Protection Bureau in a pending constitutional challenge.

  • December 06, 2023

    Duke Says Insurers Flaked On Coverage For Price-Fixing Suit

    Duke University sued units of AIG and Liberty Mutual in North Carolina Business Court, accusing the insurers of trying to back out of more than $10 million in coverage for an underlying antitrust action, which asserted price-fixing claims against Duke and other private universities over their financial aid awards.

Expert Analysis

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 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.

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