North Carolina

May 02, 2024
Pharma. Co. Wants Ex-Director To Stop Poaching Customers

A pharmaceutical company has doubled down on its bid to stop a former director from soliciting customers for a rival drugmaker, saying he's trying to twist words in his contract and make up excuses for allegedly stealing trade secrets following his termination.
May 02, 2024
11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit

The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.
May 02, 2024
4th Circ. Revives Workers' Suit Over SC Plant Explosion

The Fourth Circuit on Thursday revived claims from three workers burned in an explosion at a plastic recycling plant, saying the South Carolina Workers' Compensation Law can't deprive the federal courts of diversity jurisdiction in a case where they would otherwise have it.
May 02, 2024
4th Circ. Finds Judge Appointment Legit In Black Lung Case

The Fourth Circuit ruled that an administrative law judge who presided over a black lung benefits case was properly reappointed by the U.S. Department of Labor, rejecting Dominion Coal Corp.'s contention that his seating violated the Constitution's appointments clause.
May 02, 2024
NC Dems Propose Axing At-Will Work In Workers Rights Bill

North Carolina Democrats have proposed broad legislation to bolster protections for employees in the Tar Heel State — from abolishing at-will employment to repealing the ban on collective bargaining for public employees and shoring up safeguards for contract workers.
May 01, 2024
Future Is 'Bleak' If Judge Rejects Novant Merger, Court Hears

Novant Health on Wednesday sought to portray itself as the "last best hope" to save two struggling hospitals in North Carolina at the start of a multiday hearing in which the Federal Trade Commission is asking the court to squelch Novant's proposed $320 million merger.
May 01, 2024
Ala., Fla. Trans Patients Urge 11th Circ. To Heed Bias Ruling

Attorneys representing transgender clients in Florida and Alabama have urged the Eleventh Circuit to heed a recent Fourth Circuit ruling striking down bans on state-funded coverage for gender-affirming medical care, saying the court ruled that the state policies violate federal law because their exclusions were based on gender identity and sex.
May 01, 2024
DOL Announces $6.5M For Seasonal Farmworker Housing

The U.S. Department of Labor on Wednesday said it will make $6.5 million in grants available to organizations working to improve housing conditions for seasonal and migrant farmworkers and their dependents.
May 01, 2024
Ex-Execs End Fight Over Syska Hennessy Stock Buyback Deal

A former associate vice president and a managing director at engineering firm Syska Hennessy have ended their lawsuit alleging that the company made up a story about the pair soliciting employees to get out of buying back company stock.
May 01, 2024
Eateries Note 'Fatal' Concession By Insurer In NC COVID Row

Cincinnati Insurance Co. made a "fatal" concession when it argued that "physical loss" merely requires "some sort of dispossession," a group of 16 restaurants told the North Carolina Supreme Court, urging it to reinstate their COVID-19 coverage win that got reversed on appeal.
May 01, 2024
53 Govs. Want Say In Moving Nat'l Guard Staff To Space Force

The governors of 48 states and several U.S. territories warned the U.S. Department of Defense that allowing hundreds of Air National Guard personnel to be transferred to the U.S. Space Force without the governors' approval undermines their authority over their states' military readiness.
May 01, 2024
Attys Seek $95M In Fees For Elite Schools' Aid-Fixing Deals

Class counsel representing students who accused 17 top universities of colluding to fix student aid packages have asked an Illinois federal judge to award them $94.7 million in fees plus $3.5 million in expenses for securing $284 million in settlements with 10 schools.
May 01, 2024
NC Lawmakers Seek $231M Boost For Retired Judges, Others

North Carolina legislators offered Wednesday a $231 million proposal to raise the retirement benefits for judicial and other former state workers, framing it as a cost-of-living adjustment that would become effective July 1.
April 30, 2024
Judge Strikes Parts Of NC Law Restricting Abortion Drug

A North Carolina federal judge struck down parts of a state law Tuesday that restricts access to the abortion medication mifepristone, finding some provisions violate the U.S. Constitution's supremacy clause by enacting safety regulations already considered by the U.S. Food and Drug Administration, such as requiring in-person prescribing, dispensing and scheduling around the drug.
April 30, 2024
Insurance Mogul Can't Escape $164M Dutch Payout Yet

A shareholder accused of raiding a Dutch insurer's coffers can't stop it from trying to enforce a nearly $164 million arbitration victory, a North Carolina federal judge ruled, finding that he didn't show it's not enforceable in U.S. courts.
April 30, 2024
Patients Sue NC Plasma Donation Co. Over Data Breach

A plasma collection company has been hit in North Carolina federal court with at least two proposed class actions as of Monday claiming it failed to safeguard patient data, resulting in a breach in which names, Social Security numbers, addresses and treatment information were allegedly exposed by hackers.
April 30, 2024
Camp Lejeune Litigants Balk At Bellwether Pick Process

The leadership group for former residents of Camp Lejeune who claim that contaminated drinking water caused their diseases has told the North Carolina federal court overseeing their case that it's too soon to limit trials to just plaintiffs who allege only one disease.
April 30, 2024
Attys, Broker Can't Escape $4M Tax Fraud Convictions

A North Carolina federal judge has denied acquittal requests from two tax attorneys and an insurance agent who were convicted for their roles in a $4 million tax avoidance scheme, saying he agreed with federal prosecutors who argued there was sufficient evidence for the underlying charges.
April 30, 2024
FTC Says Novant Wants Court To Ignore Local Competition

Novant Health can't ask a federal judge to ignore evidence that buying two North Carolina hospitals will stymie competition in the region just because those facilities are supposedly struggling and the proposed deal might shore up resources, the Federal Trade Commission said in a brief doubling down on its bid to block the $320 million buyout.
April 29, 2024
Trans Patients In NC, W.Va. Prevail In 4th Circ. Health Fight

The Fourth Circuit on Monday affirmed two lower court decisions ordering North Carolina and West Virginia to end discriminatory exclusions for coverage of gender-affirming medical care for transgender people in both states, finding the lower courts properly struck down the policies as "textbook sex discrimination."
April 29, 2024
NC Justices Urged To Rethink Policy 'Stacking' Limits

A policyholder is urging the North Carolina Supreme Court to walk back a decision that he says will negate insurance coverage when drivers at fault for wrecks are underinsured, arguing the holding conflicts with precedent.
April 29, 2024
Catching Up With Delaware's Chancery Court

A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.
April 29, 2024
4th Circ. OKs Sanctions Against Law Firm In Bestwall Ch. 11

A split Fourth Circuit panel on Monday refused to overturn more than $402,000 in sanctions against a law firm and its clients as part of bankruptcy proceedings for a Georgia-Pacific unit, saying the contempt and sanctions orders can't be appealed because they aren't final judgments.
April 29, 2024
U.S. Army Major Convicted Of Smuggling Guns Into Ghana

A 42-year-old U.S. Army major has been found guilty of smuggling guns to Ghana and lying on the stand in a separate criminal case about his sexual relationship with a witness, federal prosecutors in North Carolina announced Monday.
April 29, 2024
NC Law Firm Ends Fired Paralegal's Pregnancy Bias Suit

A real estate law firm agreed to end a former worker's suit claiming she was fired from her paralegal job only 12 days after she notified her bosses that she was pregnant and needed maternity leave, according to a North Carolina federal court filing.

Expert Analysis

Law Firm Strategies For Successfully Navigating 2024 Trends

Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
The Most-Read Legal Industry Law360 Guest Articles Of 2023

A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
Attorneys' Busiest Times Can Be Business Opportunities

Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
In The World Of Legal Ethics, 10 Trends To Note From 2023

Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
How Attorneys Can Be More Efficient This Holiday Season

Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
A Look At FedNow Liability Allocation And A 4th Circ. Toss-Up

Dsu-Wei Yuen and Andrew Lorentz at Davis Wright break down the current legal requirements that are directly applicable to common electronic payment systems like FedNow and Automated Clearing House and how they could be affected by a decision in Studco v. 1st Advantage Credit Union, currently on appeal in the Fourth Circuit.
Series

Children's Book Writing Makes Me A Better Lawyer

Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
How Clients May Use AI To Monitor Attorneys

Excerpt from Practical Guidance

Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
Series

The Pop Culture Docket: Judge D'Emic On Moby Grape

The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
Series

Performing Music Makes Me A Better Lawyer

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

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

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

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

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

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.