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North Carolina
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April 14, 2025
7th Circ. Won't Transfer Honeywell Pension Suit To NC
The Seventh Circuit turned down Honeywell's bid to transfer a retiree's proposed class action alleging pension plan miscalculations from Illinois to North Carolina, finding the aerospace manufacturer's request for extraordinary appellate court relief was not justified.
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April 14, 2025
4th Circ. Asked To Rethink Credit Union's Liability In Scam
A metal fabricator asked the full Fourth Circuit to rethink a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle the fabricator out of $560,000, saying the majority should have deferred to the district court's findings about the scheme.
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April 14, 2025
FTC Joins DOJ In Targeting Anticompetitive Regulations
The Federal Trade Commission launched a public inquiry Monday to look into reducing regulations that are hindering competition, following a similar move by the U.S. Department of Justice last month.
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April 14, 2025
Ex-GC's Retaliation Claim Survives Early Exit Bid In ADA Case
A North Carolina federal judge has ruled that a former associate general counsel at a historically Black college in North Carolina can pursue a retaliation claim, but not a discrimination claim, in her Americans with Disabilities Act suit alleging she was fired after seeking accommodation for her disability.
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April 14, 2025
Military Voters Say Ballots Should Count In NC High Court Race
Military and overseas voters registered in North Carolina are mounting a constitutional challenge to a Republican judge's efforts to discount their ballots, filing a federal lawsuit Monday just as the Democratic incumbent lost her bid to halt the ballot corrections process.
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April 11, 2025
NC Judge Keeps Bulk Of Win In High Court Ballot Fight
North Carolina's highest court on Friday largely let stand a lower appeals court ruling siding with the Republican challenger in the state's still-undecided Supreme Court race, declining to throw out ballots based on incomplete registrations but still drawing scathing rebukes from two justices who said their colleagues were rushing to a decision "in the dark of night."
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April 11, 2025
Real Estate Recap: Private Credit, CMBS, Algorithmic Pricing
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including fresh takes on the rise in private credit, a surge in commercial mortgage-backed securities, and the wave of algorithmic pricing laws in the rental market.
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April 11, 2025
GAO Backs Feds' Setback, Co-Location Terms In Lease Deal
The U.S. Government Accountability Office said the General Services Administration reasonably set colocation and setback requirements in a request for lease proposals to house several agencies in one Wilmington, North Carolina, building, denying a protest that challenged the terms as unnecessary and overly restrictive.
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April 11, 2025
3M Fights 4th Circ. Bid To Undo Removal Of PFAS Suits
Lawsuits accusing 3M Inc. of "forever chemical" contamination of Maryland and South Carolina waterways should be kept in federal court, the company has argued, urging the Fourth Circuit to decline the states' request for full panel review.
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April 11, 2025
NC AG Can't Shield Most Merger Review Docs, Judge Holds
The North Carolina Attorney General's Office can't shield a host of internal records pertaining to its review of a 2019 hospital merger at the center of a compliance case, a state court judge has said, finding "only a few" records constitute protected attorney-client communications or work product.
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April 11, 2025
Landlords Look To Exit DOJ's RealPage Antitrust Case
The residential building owners accused by federal and state enforcers of violating antitrust law through their use of RealPage's software to set rental prices told a North Carolina federal court it's not against the law for companies to use the same software.
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April 11, 2025
Duke, UNC Football Players Sue NCAA Over Eligibility Waivers
Four football players from Duke and the University of North Carolina at Chapel Hill filed two separate lawsuits in North Carolina Business Court on Friday after the NCAA denied their requests for another year of eligibility, adding to the growing list of plaintiffs protesting the organization's eligibility rules.
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April 11, 2025
NC Judge Whittles PVC Pipe Co.'s Trade Secrets Suit
A state court judge has scaled back PVC pipe-maker Atkore International Inc.'s suit accusing a former high-level executive of taking valuable information to a competitor, greenlighting the company's claim for trade secrets' theft but rebuffing its noncompete as unenforceable.
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April 11, 2025
​​​​​​​Outlet Chain Says NC Court Ruling Allows COVID Coverage
A retail outlet chain asked a North Carolina state court to find it had coverage for more than $50 million in pandemic losses, citing a recent state Supreme Court ruling holding that the insuring phrase "direct physical loss" included loss of property use due to COVID-19 public health orders.
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April 11, 2025
4th Circ. Says Noncitizen Can't Evade Removal Over Theft
The Fourth Circuit said petit larceny is a crime of moral turpitude that makes a noncitizen ineligible to avoid deportation, holding there was "solid ground" to deny a Mexican national's attempt to evade removal based on her 2011 conviction for petit larceny.
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April 11, 2025
Ex-BofA Worker Seeks Class Status Over Unpaid PTO
Bank of America applies the same nationwide policy of not paying unused vacation time when employees part ways with the company, a former lending officer said, urging a California federal court to grant her case class certification.
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April 11, 2025
Camp Lejeune Plaintiffs Challenge Gov't Expert Site Visit
Veterans and family members suing the federal government over injuries from toxic drinking water at Camp Lejeune have urged a North Carolina federal judge to exclude information from an expert's February visit to the base, arguing it was made after a court deadline.
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April 10, 2025
NC Justices Asked To Weigh In On Pot Burden Of Proof
A man convicted of drug trafficking is asking the North Carolina Supreme Court to weigh in on the charges against him for selling cannabis, saying the state failed to show that it wasn't legal hemp at trial.
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April 10, 2025
Whole Foods Sues CBL, Transformco Over Asbestos In Store
Whole Foods Market Group Inc. is suing entities connected to real estate investment trust CBL Properties and retail company Transformco for more than $1 million, alleging that the companies are liable for an "ill-fated and injurious" redevelopment project that created asbestos in a North Carolina Whole Foods store.
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April 10, 2025
CSX Accused Of Punishing Workers For FMLA Leave
Railroad giant CSX Transportation Inc. discourages and punishes its employees who miss work under the Family and Medical Leave Act through an attendance point system and scare tactics, according to a federal lawsuit filed by a conductor in North Carolina.
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April 10, 2025
Mental Health Co. Workers Challenge Unpaid-Training Ruling
A group of workers told a North Carolina federal court Thursday that they were employees of a residential mental health company before they started their initial training, urging the court to reconsider its ruling that they didn't need to get paid for that time.
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April 10, 2025
NC Bill Would Let Judges, DAs Shield Personal Info Online
A bipartisan bill introduced Thursday in the North Carolina House of Representatives would allow judges, prosecutors and public defenders to request the removal of their personal information from public websites, including their addresses and phone numbers.
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April 10, 2025
Sidley Snaps Up Cadwalader Real Estate Finance Team
Sidley Austin LLP recruited a team of real estate finance attorneys from Cadwalader Wickersham & Taft LLP, including the co-head of the firm's real estate financing group and three other partners, Law360 Real Estate Authority has learned.
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April 10, 2025
Dentons Corporate Tech Lawyer Relocates To McGuireWoods
A former venture technology group counsel at Dentons has joined McGuireWoods LLP as a partner in Charlotte, North Carolina, the firm said Thursday.
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April 09, 2025
House Approves Bill To Restrict Nationwide Injunctions
The House voted 219-213 on Wednesday to approve a bill curbing nationwide injunctions, a move the Trump administration has thrown its support behind after district court judges paused or halted many of the administration's initiatives over the last few months.
Expert Analysis
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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How Litigation, Supply Chains Buffeted Offshore Wind In 2024
U.S. offshore wind developers continue to face a range of challenges — including litigation brought by local communities and interest groups, ongoing supply chain issues, and a lack of interconnection and transmission infrastructure — in addition to uncertainty surrounding federal energy policy under the second Trump administration, say attorneys at Liskow & Lewis.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Fed. Circ. In October: Anti-Suit Injunctions And SEPs
The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
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Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships
The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.