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North Carolina
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January 23, 2025
15 States Reach $7.4B Settlement With Sackler Family
A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.
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January 23, 2025
NC Justices Lob GOP Judge's Ballot Challenge To Trial Court
The North Carolina Supreme Court on Wednesday kicked Republican Judge Jefferson Griffin's ballot challenge in his contested race for an associate justice seat back to trial court, saying state law necessitates a ruling from the lower court before the state's top court can weigh in.
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January 22, 2025
Insurer Asks NC Court To Revive Civil Rights Coverage Fight
An insurer asked a North Carolina state appeals court to revive its case seeking to deny coverage to the state after stepbrothers who were wrongfully convicted of the rape and murder of an 11-year-old girl won an underlying civil rights suit against the state officers they blamed for their incarceration.
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January 22, 2025
Judge Won't Toss Bulk Of Chrysler Minivan MDL Claims
A Michigan federal judge has declined to significantly pare back multidistrict litigation over a risk of spontaneous explosion in certain Chrysler plug-in hybrid minivans, denying Chrysler's bid to toss fraud and other claims.
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January 22, 2025
#MeToo Claims Against Ex-Defender's Boss To Stay Sealed
A federal judge on Wednesday shot down a former assistant public defender's renewed attempt to lay bare certain #MeToo complaints against her one-time employer as part of a long-running case casting a spotlight on the judiciary's internal complaint process for workplace misconduct.
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January 22, 2025
Paul Weiss Guides Ares On $304M Form Technologies Buy
Paul Weiss is guiding an Ares Management-led group on the $304 million purchase of a majority of Form Technologies Inc.'s common equity, in a transaction that allows Kirkland & Ellis LLP-advised Form to "substantially deleverage" its balance sheet, Form said Wednesday.
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January 22, 2025
Sheriff's Workers' Wage Suit Should Survive, Judge Says
A North Carolina federal judge recommended rejecting a sheriff's office's bid to escape detention center employees' wage and hour class action, saying a jury should decide whether the office's use of a fluctuating workweek payment model was appropriate.
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January 22, 2025
CNN Fights Remand For Ex-NC Lt. Gov.'s Defamation Suit
CNN urged a North Carolina federal judge not to send a defamation suit brought against it and a former pornography store clerk by the Tar Heel State's former lieutenant governor back to state court, arguing the clerk was fraudulently added to the case to avoid diversity jurisdiction.
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January 21, 2025
4th Circ. Won't Undo Doctor's Conviction For Reusing Devices
A former North Carolina ear, nose and throat doctor staring down 25 years in prison for healthcare fraud lost an appeal Tuesday seeking to overturn her conviction, with the Fourth Circuit finding that the lower court did not commit any reversible error that would favor a shot at redemption.
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January 21, 2025
4th Circ. Backs NASCAR Team Owner's $31M Ch. 11 Sanction
The Fourth Circuit has backed a $31 million default judgment entered against a former NASCAR team manager as a sanction after what the published opinion called "egregious behavior" during discovery and "willful disregard of the bankruptcy code and the orders of the bankruptcy court."
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January 21, 2025
ACC Asks Fla. High Court To Pause FSU's Suit
The Atlantic Coast Conference said Tuesday that it intends to ask the Florida Supreme Court to take up its bid to halt Florida State University's grant-of-rights contractual lawsuit in favor of the conference's action in North Carolina.
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January 21, 2025
Defamation Case Over NC Attorney General Race Fizzles Out
The Republican candidate for North Carolina attorney general who lost the race in November to fellow former U.S. Rep. Jeff Jackson has dropped a defamation suit against Jackson's campaign and affiliated entities for allegedly besmirching his law practice.
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January 21, 2025
Justices Doubt Retailers Are 'Bystanders' In FDA Challenge
Several U.S. Supreme Court justices appeared to agree Tuesday that Texas and Mississippi retailers could join a North Carolina e-cigarette manufacturer in challenging the U.S. Food and Drug Administration's denial of its marketing application, and Justice Clarence Thomas questioned the agency's motivation to argue otherwise.
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January 21, 2025
Womble Bond Atty Appeals Contempt Ruling To 4th Circ.
A Womble Bond Dickinson partner is appealing a North Carolina federal judge's December ruling holding him in contempt of court for failing to correct misrepresentations he allegedly made to a Dutch tribunal in parallel litigation involving a software developer and its former Dutch partner.
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January 21, 2025
Dem States Challenge Trump's Birthright Citizenship Order
Eighteen Democratic-led states, the District of Columbia and the city of San Francisco filed a lawsuit in Massachusetts federal court on Tuesday challenging the constitutionality of President Donald Trump's executive order limiting birthright citizenship.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
States Ask To Join Suit To Uphold Gun Show Loophole Closure
Over a dozen states asked a Texas federal judge for permission to join a suit over the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives' rule closing the so-called gun show loophole, saying in a motion that the incoming Trump administration wouldn't properly defend the rule.
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January 17, 2025
NC Judge Adamant 'Nobody Needs A Cellphone' In Court
A North Carolina federal judge didn't mince words in rejecting a joint request from opposing parties in an upcoming redistricting trial who sought a reprieve from a local rule largely barring electronics in the courthouse, saying "nobody needs a cellphone in the courtroom."
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January 17, 2025
Up Next At High Court: Forum Shopping & TCPA Definitions
The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.
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January 17, 2025
NC Biotech Co. Can't Restrain Co-Founder's Rival Biz Yet
A biotechnology company can't stop its co-founder from conducting research and soliciting customers at his new company using what it believes is stolen confidential information, a North Carolina state court judge said Friday, pointing to a lack of urgency and glaring holes in the record.
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January 17, 2025
Inmate's Case Over Tardy Appeal Notice Granted Certiorari
The Supreme Court agreed on Friday to hear a case regarding the proper procedure for appealing a suit after the initial window for filing a notice closes and then is reopened, an issue largely affecting pro se litigants.
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January 17, 2025
Duke U. Strikes Deal In Female Scientist's Pay Bias Suit
Duke University and a female scientist have brokered an agreement to end her suit claiming she was paid less than her male counterparts and was threatened with demotions after complaining about it, according to a Friday filing in North Carolina federal court.
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January 17, 2025
Insurer Tried To 'Embarrass' Cadwalader, NC Court Told
Cadwalader Wickersham & Taft LLP has accused a Lloyd's of London syndicate of attempting to "embarrass" the firm by publicly revealing the firm's data breach recoveries amid the insurer's bid to toss a coverage suit stemming from a 2022 hack.
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January 17, 2025
What To Expect From Trump's Judicial Nominations
President-elect Donald Trump is taking office with 45 judicial vacancies, which is far less than the 100 plus seats he came in with in 2017, but more seats could open up if a fair number of sitting conservatives take the opportunity to ensure a Republican president names their successor.
Expert Analysis
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Policy Misrepresentations Carry Insurance Rescission Risks
The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.
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How DEI Programs Are Being Challenged In Court And Beyond
In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.