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North Carolina
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December 13, 2024
NC Gov., Lawmakers Take Parting Shots In Clash Over Power
North Carolina Gov. Roy Cooper has doubled down in the state Court of Appeals on claims Republican state lawmakers are trying to whittle away his appointment powers, while legislators argue the governor has no case law on which to base his constitutional claims.
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December 13, 2024
NC Justices Establish Standard For Ousting Elected Clerks
North Carolina's top court Friday found a replacement judge had the power to remove an elected county clerk from office and, in doing so, determined a clerk's actions need not rise to the level of willful misconduct to justify her expulsion.
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December 12, 2024
Wells Fargo Faces ADA Suit Over Post-COVID Office Mandate
Wells Fargo Bank NA faces a suit brought by a 20-year employee alleging she faced discrimination for working remotely due to health issues as the company sought to bring its workers back to in-person work on the heels of the coronavirus pandemic.
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December 12, 2024
'Housewives' Figure Touts Social Media Posts In Leniency Bid
Former "Real Housewives of Atlanta" cast member Peter Anthony Thomas asked a North Carolina federal judge on Thursday to give him a prison sentence below federal guidelines for not paying $2.5 million in employment taxes, stating he has used his public platform to encourage his followers to pay their own taxes.
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December 12, 2024
DC Circ. Leans Toward BofA In Pandemic Market Loss Bout
The D.C. Circuit is set to decide whether Bank of America had a duty to try harder to stop one of its clients from dumping his investments when the market tanked at the beginning of the COVID-19 pandemic, but at arguments Thursday morning, the panel did not seem to think so.
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December 12, 2024
Ryan Park Withdraws Nomination For 4th Circ. Bench
Ryan Young Park, solicitor general of North Carolina, has dropped his bid for a seat on the Fourth Circuit after it was clear he would not be getting a vote on the Senate floor.
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December 12, 2024
NC Republicans Override Veto Of Bill Curbing Dems' Power
Republican lawmakers have used the final days of their supermajority in the North Carolina General Assembly to override Gov. Roy Cooper's veto of a Hurricane Helene disaster relief bill that strips his and other Democrat-controlled offices of certain powers.
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December 12, 2024
White & Case Steers Up To $160M Buy Of Gambling Biz
White & Case LLP-advised Gambling.com Group, which provides digital marketing services for the online gambling industry, on Thursday announced plans to buy the parent of OddsJam, advised by Cruz-Abrams Seigel LLC, for up to $160 million.
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December 11, 2024
PE Fund Made Investments In 'Worthless' Startup, Suit Says
An investor in a private equity fund has filed a suit in the North Carolina Business Court alleging the fund's asset manager and its majority owner exchanged the fund's $43 million alternative asset portfolio for an equity stake in a "nearly worthless" startup company.
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December 11, 2024
4th Circ. Unsure Judges' Free Speech Suit Belongs In Court
A Fourth Circuit panel appeared skeptical Wednesday that courts could hear a challenge from the immigration judges' union to a policy it contends restrains their free speech rights, suggesting that recent U.S. Supreme Court precedent would doom the appeal.
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December 11, 2024
NASCAR Says Nothing Warrants Teams' Latest Injunction Bid
NASCAR has urged a North Carolina federal judge to reject a renewed injunction bid by two racing teams that have accused the organization of monopolizing premier motorsport racing, arguing that despite "manufactured evidence," the teams still haven't made a showing of irreparable harm.
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December 11, 2024
NC Elections Board Rejects GOP Protests To 60,000 Votes
A divided North Carolina State Board of Elections on Wednesday voted to deny a consortium of election protests filed by Republican candidates seeking to discount more than 60,000 ballots from the Nov. 5 election, further cementing incumbent Supreme Court Justice Allison Riggs' victory in her contested race with Judge Jefferson Griffin.
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December 11, 2024
Ally Bank Worker Drops Emotional Pain Claims From Bias Suit
A white, male Ally Bank worker who claimed he was denied a promotion because of the company's diversity push has dropped pain and suffering claims from his suit, according to a stipulation of partial dismissal.
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December 11, 2024
4th Circ. Seems Wary Of Reviving Post-Pregnancy Firing Suit
The Fourth Circuit seemed skeptical Wednesday of a former Nexstar Media Inc. worker's bid to revive her pregnancy-related disability discrimination suit, reminding the ex-employee's counsel about the limits to how much accommodation an employer has to provide.
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December 11, 2024
Alabama Judge To Retire Jan. 2, Opening New Seat For Trump
An Alabama federal judge informed President Joe Biden on Tuesday that he would be retiring Jan. 2, making him the second judge appointed by a Republican president to announce his retirement after Donald Trump won the presidential election this year.
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December 10, 2024
AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive
The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.
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December 10, 2024
NC Law Firm, Insurer Drop Phishing Coverage Row
A law firm specializing in real estate transactions and its cyber insurer told a North Carolina federal court Tuesday they've agreed to settle their dispute over coverage for a phishing scam the firm said caused it to unwittingly wire roughly $647,000 to the hacker's bank account.
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December 10, 2024
4th Circ. Casts Doubt On Broker's FINRA Challenge
A Fourth Circuit panel wondered Tuesday whether it was too soon to hear one North Carolina broker's constitutional challenge against the Financial Industry Regulatory Authority, with the circuit judges pointing out that FINRA's case against the broker was not yet over.
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December 10, 2024
NC Addiction Clinic To Pay $825K To End Medicaid Fraud Suit
An addiction treatment and behavioral health clinic based in Raleigh will pay $825,000 to settle claims that it billed the North Carolina Medicaid program for medically unnecessary drug tests and treatment support programs, the state Attorney General's Office announced Tuesday.
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December 10, 2024
OptumHealth Rejects ERISA Fee Class Deal, Eyes Trial
OptumHealth Care Solutions LLC has told a North Carolina federal court that it is ready to bring a certified ERISA class action to trial following its rejection of a settlement that had been taking shape for nearly a year because the deal would not include a full release of all claims.
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December 10, 2024
Labcorp Accuses Ex-Sales Exec Of Stealing Customers
Laboratory Corp. of America Holdings took its former sales marketing executive to North Carolina federal court, along with his new employer, claiming that the worker has been violating his noncompete and nonsolicitation agreements by poaching Labcorp's customers and using its confidential information against it.
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December 10, 2024
NC High Court Candidate Wants In On Ballot Count Fight
North Carolina Court of Appeals Judge Jefferson Griffin, a state Supreme Court candidate, asked a federal court to let him intervene in the state Democrats' suit seeking to block challenges he and other Republican candidates have filed against 60,000 ballots, stating the case's result will decide his race.
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December 09, 2024
4th Circ. Joins Anti-Garamond Train As Typeface Loses Steam
Note from the federal appellate bench in Virginia's capital city on Monday: When attorneys correspond, judges in Richmond want Garamond to be gone — they think the typeface is small and wan, so please find another one, such as Times New Roman.
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December 09, 2024
Healthcare Facilities Biz Settles DOJ Citizenship Bias Claims
Healthcare Services Group Inc. and one of its affiliates have agreed to pay roughly $17,400 in penalties and lost wages and benefits to put to rest the U.S. Department of Justice's allegations the company discriminated against prospective employees based on citizenship status, the Justice Department announced Friday.
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December 09, 2024
RealPage Says DOJ's Ended Multifamily Rental Criminal Probe
RealPage said the U.S. Department of Justice had ended a criminal probe into the multifamily rental housing industry's pricing practices, adding that the algorithmic pricing company was never identified as an investigation target.
Expert Analysis
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.