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North Carolina
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September 22, 2023
NC Suit Says Underwriter Helped Insurer Cut Out Partner
USI Insurance Services LLC and a subsidiary are suing an ex-employee and a former insurance-carrier partner after the underwriter allegedly jumped ship to help the insurance carrier cut out its need for his former employer, according to a lawsuit filed in North Carolina state court.
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September 22, 2023
Businessman Can't Dig Into Former Hot Dog Eatery Partner
The North Carolina Business Court on Friday denied a businessman's request to sit his former partner down and question him as part of a lawsuit alleging that the partner cut him out of a deal to purchase hot dog restaurants, reasoning that the deadline for interrogation passed months ago.
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September 22, 2023
Sandoz Can't Get New Trial After $39M Eyelash Serum IP Loss
A Colorado federal judge denied a new trial bid by Novartis' generic-drug making arm Sandoz over a patent covering a drug to grow eyelashes after a jury awarded $39 million to Allergan, rejecting the argument that the court erred in applying Federal Circuit precedent.
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September 22, 2023
Chevron Doctrine Supporters Flock To High Court In Key Case
Health groups, scientists, a labor union, small businesses and environmentalists are urging the U.S. Supreme Court not to strike down a nearly 40-year-old precedent that allows judges to defer to federal agencies' interpretations of law in rulemaking disputes, arguing it's a valuable and reliable tool in administrative law cases.
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September 22, 2023
Ex-NC Candidate Says She Settled Atty's Defamation Row
A former Democratic candidate for the North Carolina Senate says she has resolved claims she defamed her Republican opponent, a real estate attorney with the firm Lee Kaess PLLC, with a false campaign ad, admitting in a social media post that the "accusations were not based on actual facts."
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September 22, 2023
Firm Fights Sanctions In Georgia-Pacific Unit's Bankruptcy
A law firm and group of plaintiffs asked the Fourth Circuit on Friday to overturn nearly $420,000 in sanctions as part of bankruptcy proceedings for a Georgia-Pacific unit, arguing that a sanctions order in a bankruptcy is available for review.
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September 21, 2023
Defense Grills Lead Investigator In $11M Medicare Fraud Trial
Defense counsel traded barbs with a lead investigator in the government's Medicare fraud case against a Charlotte, North Carolina, telemedicine doctor Thursday, hinting to the jury that investigators ignored evidence and pursued a case against the physician without thoroughly digging into other potential "players."
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September 21, 2023
No Bias In Denying Trans Health Coverage, States Tell 4th Circ.
North Carolina and West Virginia defended their health care funding bans on treatments for gender dysphoria Thursday, arguing before the full Fourth Circuit that the prohibitions don't discriminate against transgender people because the laws prohibit everyone on government plans from receiving certain treatments.
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September 21, 2023
NC Bookkeeper Accused Of $1M Embezzlement
A bookkeeper who is already imprisoned for financial crimes was indicted in a separate North Carolina case on charges she stole more than $1.1 million from her employer and used it for personal expenses like a trip to Disney World, prosecutors said.
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September 21, 2023
DOJ Says JetBlue Deals Can Both Harm Competition
The U.S. Department of Justice told a Massachusetts federal court there's nothing inconsistent about contentions that JetBlue's planned merger with Spirit and a previously blocked alliance with American Airlines would both hurt competition but in different ways.
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September 21, 2023
Judge OKs $8M BofA Overdraft Settlement, $2.6M Atty Fee
A Pennsylvania federal judge on Thursday granted final approval to a $8 million settlement secured for a proposed class of Bank of America customers who claim they were charged multiple fees for bad checks, including an award of $2,666,666.66 in attorney fees.
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September 21, 2023
School Board Asks NC High Court To Review Pension Ruling
A school district urged North Carolina's highest court to bar as unconstitutional a state law that places a ceiling on state retirement benefits and mandates government employers pay for sharp increases in certain workers' pensions, arguing a court of appeals panel wrongly found the law constitutional.
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September 21, 2023
NC Bar, Attorney File Dueling Appeals Of 5-Year Suspension
After a multiyear investigation into a North Carolina attorney accused of an array of misconduct resulted in his earning a five-year suspension from practicing law earlier this year, his — and the state bar's — mutual dissatisfaction with the decision has led them both to file appeals.
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September 20, 2023
States' Rights, Trans Protections To Collide At 4th Circ.
The full Fourth Circuit will hear arguments Thursday from state-run health plans in North Carolina and West Virginia challenging lower court decisions finding that their coverage exclusions for gender dysphoria treatments amount to unlawful discrimination, weighing in on two cases that experts say could impact employee benefit plans nationwide. Here's what to watch as the states and health plan participants square off before the Fourth Circuit.
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September 20, 2023
Ex-Pastor Seeks Default Win On His Defamation Claims In NC
Larry Reid, an Atlanta-based online talk-show host and former pastor, has asked a North Carolina federal judge to grant him a victory by default for his defamation claims against one of his former parishioners who claimed Reid molested him as a teenager, arguing his accuser has failed to answer the claims.
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September 20, 2023
Jury Says Lowe's Owes $1.8M In LED Patent Damages Retrial
Lowe's should have to pay nearly $1.8 million in royalties to Epistar for infringing its lighting technology patents, a California federal jury determined in a damages retrial, which puts the home improvement retail chain on the hook for slightly less than a previous jury found.
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September 20, 2023
NC Biz Court Pares Down Mismanagement Fight
A North Carolina judge has partly favored the majority owner of a commercial bed skirt company in a mismanagement dispute with the minority owners, finding she isn't liable for fraud based on $89,000 she paid herself from company accounts because it was actually her rightful income.
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September 20, 2023
4th Circ. Grapples With Decertifying COVID-19 Coverage Class
A Fourth Circuit panel grappled Wednesday with whether reversing a lower court's certification of a class of businesses seeking COVID-19 coverage from State Farm would be a waste of time, given how other federal appellate courts have ruled in such cases.
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September 20, 2023
Widow Sues Google Maps Over Fatal Crash At Defunct Bridge
The widow of a man who drowned after driving off a long-collapsed bridge has hit Google with a wrongful death lawsuit, claiming in North Carolina state court that the tech giant's map application guided him to the crossing while he drove at night.
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September 20, 2023
NC Provider Indicted In COVID, Medicaid Fraud Schemes
A North Carolina behavioral health services provider has been indicted on federal charges of defrauding South Carolina's Medicaid program and falsely obtaining COVID-19 relief funds, prosecutors said Wednesday.
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September 20, 2023
NC Truck Co. Partner Must Face Owner's Fraud Suit
The North Carolina Business Court trimmed a trucking company owner's lawsuit accusing her business partner of leveraging her grief and poor health to engage in self-dealing, reasoning the partner's side companies aren't liable but he could still be on the hook.
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September 20, 2023
Farm, H-2A Agency Want Out Of Wage Rule Enforcement
A farm and an H-2A visa filing agency said Wednesday that the U.S. Department of Labor's recent rule on wage rates for temporary visa-holding farmworkers is already hurting them, urging a North Carolina federal judge to spare them from following it.
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September 20, 2023
TRO Nixed In Building Suppliers' Competition Dispute
A New York-based building supplier can't stop a California rival from allegedly bad-mouthing it to customers, a North Carolina state court judge has ruled, finding the Empire State company based its arguments for a temporary restraining order on speculation and hasn't shown the matter is an emergency.
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September 20, 2023
Maryland Digital Ad Tax's Aims Scrutinized By 4th Circ.
Maryland's digital advertising tax appears aimed at punishing certain companies rather than just raising revenue, a Fourth Circuit judge suggested Wednesday, echoing arguments made by the U.S. Chamber of Commerce and other businesses groups challenging the tax.
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September 20, 2023
NC Town Violated ADA By Not Heeding Letter, 4th Circ. Told
A former North Carolina town manager asked the Fourth Circuit Wednesday to determine that the town violated the Americans with Disabilities Act, arguing that a letter asking for a more respectful work environment was also a request for disability accommodations that went unanswered.
Expert Analysis
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Opinion
Private Equity Owners Can Remedy Law Firms' Agency Issues
Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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The Basics Of Being A Knowledge Management Attorney
Excerpt from Practical Guidance
Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.
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To Hire And Keep Top Talent, Think Beyond Compensation
Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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What Courts' Deference Preference Can Mean For Sentencing
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.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
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.