North Carolina

  • November 07, 2023

    Missing Safety Bar Cost Farm Worker His Foot, NC Jury Told

    A North Carolina farm intentionally removed a safety bar from an opening in the floor of a silo that led to a longtime worker losing his foot, a federal jury in Charlotte heard Tuesday during opening arguments in a negligence trial against the farm and its owners.

  • November 07, 2023

    Title Insurer Sees Trim Of Suit Tied To Firm's Stolen Funds

    A North Carolina federal judge has trimmed a title insurance underwriter's suit alleging that an agency ignored its directives and issued policies on closings completed by a law firm now under scrutiny over $6 million in missing client funds, following a magistrate judge's recommendation.

  • November 07, 2023

    Spirit Airlines Chair Testifies Profits Not In Sight Without Deal

    Spirit Airlines doesn't have a plan to end a three-year streak of financial losses while remaining a stand-alone ultra-low-cost airline, its board chair testified Tuesday in defense of a proposed $3.8 billion merger with JetBlue Airways Corp.

  • November 07, 2023

    The 2023 Law360 Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades, and positive legal news media representation.

  • November 07, 2023

    How Law Firms Build And Protect Stellar Reputations

    Now more than ever, BigLaw firms depend on the strength of their brand to land clients, attract recruits and justify top-shelf hourly rates. But in the world of the 24/7 news cycle, where any slip-up can instantly go viral, how do firms manage their prized reputations?

  • November 06, 2023

    NC Judiciary Will Back Opioid Crisis-Driven Drug Court Study

    A University of North Carolina research unit is going to study the impact of the state drug court system with an eye on expanding the system to combat opioid addition.

  • November 06, 2023

    Insurer Owes $1.9M In Software Subscription Fees, Court Told

    A construction insurer has improperly dodged its obligation to pay four years of subscription fees under a series of software contracts, a software company told a North Carolina federal court, seeking coverage for nearly $2 million in past and future unpaid fees.

  • November 06, 2023

    Contractor Beats Negligence Suit Over Fatal NC Paper Mill Fire

    A North Carolina federal judge tossed a negligence suit by contract workers who witnessed two colleagues die in a fire at a paper mill, accepting a magistrate's recommendation that there wasn't a sufficient connection between their distress and the corrosion control contractor's actions.

  • November 06, 2023

    Mobile Park Residents Say Owner Left Land To Them

    Residents of a North Carolina mobile park and a local church are battling over whom the mobile park property belongs to now that the prior owner is dead.

  • November 06, 2023

    NAACP Program Asks 4th Circ. To Block SC Legal Advice Law

    The NAACP pressed its case in the Fourth Circuit for an injunction to prevent a South Carolina law barring nonlawyers from giving legal advice from applying to a new eviction-help program, arguing Monday the statute is trampling on the tenant advocates' free speech rights.

  • November 06, 2023

    4 States Join DOJ's Agri Stats Info-Sharing Lawsuit

    Four states have joined the U.S. Department of Justice case accusing agricultural data firm Agri Stats Inc. of violating antitrust law by helping major chicken, pork and turkey processors exchange competitively sensitive information about production levels, costs and pricing.

  • November 06, 2023

    Winston & Strawn Accused Of Filing 'Duplicative' Pharma Suit

    A pharmaceutical company is urging a North Carolina federal judge to sanction a Polish drugmaker and its attorneys at Winston & Strawn, saying they filed "unnecessarily duplicative" litigation amid a contractual spat between the companies.

  • November 06, 2023

    JetBlue CEO Testifies Big Airlines Shouldn't Sweat Spirit Deal

    The CEO of JetBlue Airways Corp. testified in an antitrust trial Monday that its proposed $3.8 billion purchase of Spirit Airlines is needed to hang in with huge legacy carriers that have cornered the market through structural advantages and similar mergers of their own.

  • November 06, 2023

    Common Foes, Attys Can't Shield Early Emails From Tech Co.

    A technology company and its owners, battling claims of mismanagement on two fronts, can view a limited number of communications from 2020 between the two parties suing them and their respective lawyers, a North Carolina Business Court judge has ruled.

  • November 06, 2023

    Supreme Court Passes On UPS Driver's ADA Suit

    The U.S. Supreme Court on Monday declined to review the Fourth Circuit's dismissal of a United Parcel Service Inc. driver's disability bias lawsuit alleging UPS violated the Americans With Disabilities Act by not giving him a different truck to accommodate his lower back injury.

  • November 03, 2023

    NC Doctor Says Certificate Of Need Law Protects Monopolies

    A North Carolina eye doctor is challenging the state's certificate of need law before North Carolina's Supreme Court after he was unable to apply to open a surgery center, saying the law effectively grants a monopoly for a local hospital and violates his right to earn a living.

  • November 03, 2023

    Scientist Says Splenda Statements Not For Courts To Review

    A North Carolina scientist on Friday urged a Tar Heel State federal court to throw out defamation claims brought by the maker of Splenda, arguing that the company is merely looking to "subvert legitimate scientific discourse" as to the potential for cancer-causing compounds in the artificial sweetener.

  • November 03, 2023

    JetBlue CEO Liked Spirit Flight, Judge Told In $3.8B Deal Row

    JetBlue Airways Corp.'s CEO told a federal judge Friday that he was impressed by Spirit Airlines' service when he flew the low-cost carrier his company now hopes to purchase, as government attorneys seeking to stop the merger tried to show JetBlue viewed its rival as a threat.

  • November 03, 2023

    Disney Says It Didn't Market Shirts In NC In IP Row

    Disney pressed a North Carolina federal court Thursday to toss a trademark lawsuit brought by a shirt-maker, arguing its lack of company business conducted directly in the Tar Heel State renders the court powerless to hear the case.

  • November 03, 2023

    Tech Co. To Lose Kilpatrick Attys Over 'Financial Burden'

    A North Carolina Business Court judge has agreed to cut loose attorneys with Kilpatrick Townsend & Stockton LLP from what the firm said has become an "unreasonably difficult" representation of technology company Innovare Ltd., giving the company 30 days to find new counsel or face automatic dismissal of the suit.

  • November 03, 2023

    J&J Bankruptcy May Spark SCOTUS 'Texas Two-Step' Scrutiny

    Johnson & Johnson, which twice failed to use bankruptcy to resolve claims its baby powder caused cancer, is plotting a third Chapter 11 filing, with the potential to spark a circuit split that could put the controversial "Texas Two-Step" maneuver squarely in the U.S. Supreme Court's sights, experts told Law360.

  • November 03, 2023

    Crash Victim Asks 4th Circ. To Affirm $2M Insurance Payout

    A North Carolina woman is urging the Fourth Circuit to affirm an order awarding her a $2 million insurance payout plus interest over a car crash with a construction truck, saying the construction company's policy does not preclude coverage of her negligent entrustment claim.

  • November 03, 2023

    Robotic Mower Co.'s Attys Can See Source Code, Judge Says

    The North Carolina Business Court attempted to thread the needle this week in a contract dispute between two robotic lawn mower companies, ruling that one of them needed to let the other view confidential source code material but only by uninvolved in-house attorneys in order to avoid unfair competitive harm.

  • November 02, 2023

    Court Hesitant To Halt Probe Into NC Justice's Comments

    A federal judge seemed reluctant Thursday to shut down an administrative probe into a left-leaning North Carolina Supreme Court justice's public statements about diversity and her conservative colleagues, appearing swayed by arguments that it's too early to find that the jurist's free speech has been chilled.

  • November 02, 2023

    Okta Investors Seek Cert. In Cyberattack Coverup Suit

    A proposed class of Okta investors are asking a California federal judge for class certification in their suit accusing the software company of misleading the market about a 2022 cyberattack and urging the court to appoint Labaton Sucharow LLP as class counsel.

Expert Analysis

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Supreme Court's NC Election Map Ruling Protects Pa. Voters

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    By assuring the applicability of state constitutional provisions to state election laws, the U.S. Supreme Court's recent decision, Moore v. Harper, represents a significant victory for fair elections — especially in Pennsylvania, where courts have applied the state's free and equal elections clause to forbid partisan gerrymandering, say Robert Wiygul and John Hill at Hangley Aronchick.

  • Opinion

    States Must Fight Predatory Real Estate Listing Agreements

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    As momentum against long-term real estate listing agreements continues to grow, states should take action to render existing agreements unenforceable and discourage future unfair and deceptive trade practices in real estate, says Elizabeth Blosser at the American Land Title Association.

  • The Differing Court Approaches To Pay Equity Questions

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    Employers face the tough task of navigating an increasingly complex patchwork of pay equity laws and court interpretations, say attorneys at Hunton.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Georgia-Pacific Ruling Furthers Texas Two-Step Challenges

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    With its recent ruling in the case of Bestwall, barring asbestos injury litigation against nondebtor Georgia-Pacific, the Fourth Circuit joins a growing body of courts addressing the Texas Two-Step's legality, fueled by concerns over the proper use of bankruptcy as a tool for addressing such claims, says George Singer at Holland & Hart.

  • How To Avoid A Zombie Office Building Apocalypse

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    With national office vacancy rates approaching 20%, policymakers, investors and developers will need to come together in order to prevent this troubling trend from sucking the life out of business districts or contaminating the broader real estate market, say Ryan Sommers and Robyn Minter Smyers at Thompson Hine.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • What Affirmative Action Ruling Means For Higher Ed And Cos.

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    The U.S. Supreme Court's holding that race-conscious admissions programs at two educational institutions violate the Constitution's equal protection clause applied the "strict scrutiny" standard that governs race-conscious programs in a way that will be very difficult for educational institutions and other entities to satisfy, say attorneys at Jenner & Block.

  • Case Law Is Mixed On D&O Coverage For Gov't Investigations

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    As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.

  • 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.

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