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November 04, 2024
Justices Skip TM Challenge To BofA's Virtual Assistant 'Erica'
The U.S. Supreme Court on Monday declined to review a Tenth Circuit decision that found Bank of America Corp. did not infringe a movie website owner's trademark with its virtual financial assistant "Erica."
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November 01, 2024
Real Estate Recap: Election Expectations, EB-5, $50B PE Bet
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including perspectives from real estate leaders ahead of Tuesday's election, takeaways from the Advanced EB-5 Industry Conference in Miami, and two private equity firms' $50 billion bet on data center and energy generation projects.
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November 01, 2024
4th Circ. Raises Arbitral Finality In Kuwaiti Contractor Case
A Fourth Circuit panel appeared unlikely on Friday to disturb a ruling enforcing an approximately $8 million arbitral award against a Kuwaiti construction company based on an argument that the lower court wrongly interpreted a statutory deadline.
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November 01, 2024
No New Trial For Akoustis After $39M Trade Secret Case Loss
A federal judge has refused to give Akoustis Technologies Inc. another trial after jurors earlier this year told it to pay wireless company Qorvo Inc. nearly $38.6 million for trade secrets and infringing misappropriating acoustic wave resonator patents.
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November 01, 2024
Michael Jordan's NASCAR Team Sees Discovery Bid Dunked
A North Carolina federal judge has rejected a bid for expedited discovery in an antitrust suit against NASCAR filed by two racing teams, including one owned by Michael Jordan, saying the proposed requests are not narrowly tailored enough and that the time frame sought would "put a significant burden" on NASCAR.
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November 01, 2024
Up Next At High Court: Fed Funds And Securities Risks
The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.
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November 01, 2024
3 Things To Know About The NC Supreme Court Race
Democrats in North Carolina are hoping to preserve their shrinking presence on the North Carolina Supreme Court as Republicans look to flip another seat in the state's only high court race on Nov. 5.
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November 01, 2024
Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal
In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.
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November 01, 2024
Tree Removal Co. Swindled Helene Victims, NC AG Says
A landscaping business fleeced a western North Carolina couple for tree removal services after Hurricane Helene, dropping tree limbs into their house through a hole in the roof and then leaving without finishing the job, according to a new complaint filed by the state's attorney general.
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November 01, 2024
Ex-Gas Co. Worker Seeks Justices Review On 'Honest Belief'
A former mechanic for a Baltimore gas company has asked the U.S. Supreme Court to review a Fourth Circuit decision that found it was not discriminatory for his ex-employer to fire him over an issue with time off under the Family and Medical Leave Act because the company believed he took the leave dishonestly.
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October 31, 2024
Feds: No 'Willfulness' Needed In Texas AG-Tied Investor Case
Federal prosecutors asked a Texas federal judge to reject an attempt by an investor at the center of the failed impeachment of Texas Attorney General Ken Paxton to toss the fraud case, saying Wednesday that "willfulness" isn't needed for a conspiracy to commit wire fraud conviction.
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October 31, 2024
4th Circ. Told Door-Maker's $10M Claim Double-Dips Coverage
A Travelers unit says it shouldn't have to fork over $10 million in excess coverage to a North Carolina door manufacturer that paid $39.5 million to settle a securities class action, telling the Fourth Circuit that the case stems from a flurry of antitrust litigation that began before its policy went into effect.
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October 31, 2024
Judge Axes Disbarred NC Atty's Suit After Late Objection
A North Carolina federal judge has thrown out a disbarred attorney's suit against the U.S. Patent and Trademark Office, stating that the former lawyer failed to timely object to a recommendation that the case be dismissed and that his stated reason for missing the deadline was "not credible."
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October 31, 2024
Ex-Salesman Says CommScope's Bonus System Cut His Pay
Broadband company CommScope Technologies is facing a proposed class action alleging that its system for tracking commissions is flawed to the point that it does not accurately reflect the full incentive bonuses its employees have actually earned and that the company has knowingly let the problem persist.
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October 31, 2024
Teams Suing NASCAR Demand To Race In 2025
Two NASCAR teams are asking a North Carolina federal judge to ensure that they can still compete in the top racing circuit in 2025 while they pursue antitrust action against the organizer, saying that the league enforces its monopoly by pressuring teams to drop any claims to remain in competition.
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October 31, 2024
3 Things To Know About The NC Governor Race
North Carolina voters are set to decide a hotly contested governor's race between the purple state's Democratic attorney general and a firebrand conservative lieutenant governor whose campaign has been rocked by scandal, including allegations of racist posts on a porn website.
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October 31, 2024
NC City Urges Panel To Rethink Stormwater Ruling
A North Carolina city has urged a state appeals court panel to rethink its decision reviving part of a condo association's suit over damage the city allegedly caused by dumping stormwater onto the group's properties after Hurricane Matthew, arguing that the majority's opinion relies on a factual error.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 30, 2024
FinCEN Extends BOI Report Deadline For Hurricane Victims
The U.S. Department of the Treasury's Financial Crimes Enforcement Network has extended deadlines for submitting beneficial ownership information for victims of recent hurricanes, offering an additional six months to file or update reports, or to correct prior reports.
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October 30, 2024
4th Circ. Keeps NC Voter Registration Suit In Fed. Court
The Fourth Circuit has ruled that a district court was wrong to send part of a Republicans' lawsuit challenging the legality of 225,000 voters' registrations in North Carolina back to state court.
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October 30, 2024
4th Circ. Mulls Shipping Honeywell Royalty Fight To Fed. Circ.
The Fourth Circuit grappled Wednesday with whether a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival had its roots in patent or contract law, which could dictate whether the appeal stays put or gets kicked over to the Federal Circuit.
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October 30, 2024
4th Circ. Affirms Soldier's Loss Against Fluor Over Bombing
A split Fourth Circuit panel on Wednesday affirmed the dismissal of a soldier's lawsuit against Fluor Corp. over injuries he sustained in a 2016 suicide bombing in Afghanistan, holding the suit's state tort claims are preempted by a "combatant activities" exception in federal law.
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October 30, 2024
Suit Says Print Shop Stole Watermarked Pics For Contract Bid
An advertising firm is taking a printing and promotions shop to North Carolina federal court after the printer allegedly misappropriated photos of the ad company's camouflage products and used them to try to score a merchandising deal with the Missouri Army National Guard despite one picture bearing its actual owner's watermark.
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October 30, 2024
4th Circ. Reverses NFL Fans' Win In Railing Collapse Suit
A dispute over a railing collapse that injured fans at the Washington Commanders' stadium could still end up in arbitration after a Fourth Circuit panel reversed a lower-court decision blocking the team from enforcing the arbitration clause on the fans' game tickets.
Expert Analysis
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers
The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.
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2 Rulings Serve As Conversion Fee Warnings For Banks
A comparison of the different outcomes in Wright v. Capital One in a Virginia federal court, and in Guerrero v. Bank of America in a North Carolina federal court, highlights how banks must be careful in describing how currency exchange fees and charges are determined in their customer agreements, say attorneys at Weiner Brodsky.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.