North Carolina

  • February 26, 2024

    BofA Battle Will Test Preemption's Reach At High Court

    The U.S. Supreme Court is set Tuesday to consider whether federal law exempts national banks from state-level escrow interest requirements, a case whose technical-sounding focus belies its hefty implications for the balance of federal and state regulatory power over many of the nation's big banks.

  • February 26, 2024

    Clement, Prelogar Odd Bedfellows In Social Media Showdown

    After GOP-led states targeted perceived stifling of conservative voices on social media, Monday's oral arguments at the U.S. Supreme Court could have featured predictable partisan fissures. But the case instead illustrated that legal ideology in the digital age is sometimes surprising.

  • February 26, 2024

    NC Health Data Breach Class Deal Gets Preliminary OK

    A North Carolina state judge has preliminarily approved a settlement resolving a class action against an orthopedic practice over a data breach that compromised sensitive personal information and medical records of current and former patients.

  • February 26, 2024

    KBR Urges 4th Circ. To OK $8M Award Against Kuwaiti Co.

    A global engineering corporation has asked the Fourth Circuit not to overturn a lower court decision enforcing an approximately $8 million arbitral award against a Kuwaiti construction company after a dispute over Iraqi wartime contracts, saying nothing warrants upending the award.

  • February 26, 2024

    Justices Say Social Media Speech Laws Pose 'Land Mines'

    The U.S. Supreme Court seemed skeptical Monday of the constitutionality of Florida and Texas laws prohibiting social media platforms from removing content or users based on viewpoint, but struggled with whether the still-developing records in the lawsuits challenging the regulations could support a meaningful ruling on platforms' First Amendment rights.

  • February 26, 2024

    NC Hospital's Weak Data Security Led To Breach, Suit Says

    A patient filed a proposed class action in North Carolina's business court alleging a hospital system's inadequate data security resulted in a breach that allowed hackers to access private personal and health information.

  • February 26, 2024

    JetBlue, Spirit Tell 1st Circ. $3.8B Deal Is Good For Most Fliers

    JetBlue Airways and Spirit Airlines told the First Circuit on Monday that a $3.8 billion merger should not have been blocked because the judge who stopped the sale sought to protect a small, hypothetical subset of travelers to the detriment of the vast majority who stand to benefit from the deal.

  • February 26, 2024

    Wells Fargo Rate-Lock Extension Fee Suit Tossed, For Now

    A California federal judge on Monday dismissed a Wells Fargo customer's proposed class action seeking disgorgement of "billions" of dollars that the plaintiff alleged the bank earned by charging certain mortgage fees it later refunded, concluding the lawsuit failed to make specific factual allegations of wrongdoing.

  • February 26, 2024

    Prosecutors Ask NC Justices To Enforce Ban On MV Realty

    Prosecutors told the North Carolina Supreme Court on Monday that MV Realty is trying to dodge the state's efforts to put it out of business, first with a bankruptcy filing and then by asking the court last week to overturn a decision blocking the company's operations in the state.

  • February 26, 2024

    NC Legal Advice Law Fight Targets Wrong Party, AG Says

    A North Carolina nonprofit challenging a state law banning anyone but a fully licensed attorney from offering legal advice has sued the wrong party, the state attorney general's office said Monday in seeking to have the case tossed.

  • February 26, 2024

    Miffed NC Biz Court Mulls Sanctions After Missed Deadlines

    A North Carolina Business Court judge on Monday chided counsel on both sides of an employment dispute for missing important deadlines on the eve of a jury trial, causing him to postpone the trial indefinitely and contemplate dismissing the case entirely.

  • February 26, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.

  • February 26, 2024

    BP, Chevron Lose 4th Circ. Fight Over Climate Suit Venue

    The Fourth Circuit on Monday rejected the latest attempt by BP, Chevron, ExxonMobil and other oil titans to go to federal court to litigate complaints that accuse them of lying about fossil fuels' climate effects, joining multiple courts in reasoning that the claims don't invoke federal law.

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    Top NC Labor Brass Face Retooled 'Incentive' Policy Suit

    A corrosion control company has retooled its claims that North Carolina labor officials incentivized inspectors to issue workplace safety citations, highlighting in a revised complaint the harm caused by the citations after its 2021 lawsuit was tossed last month for failing to make a stronger connection to its alleged injuries.

  • February 23, 2024

    MV Realty Asks NC Justices To Stay Injunction Pending Appeal

    MV Realty is defending the enforceability of a series of agreements with more than 2,000 North Carolina homeowners — asking the state's Supreme Court to overturn a trial judge's injunction finding the company likely couldn't beat claims that the deals were truly predatory, high-interest loans.

  • February 23, 2024

    4th Circ. Won't Rethink Adviser's Defamation Coverage Denial

    A Fourth Circuit panel declined to reconsider its decision that an investment adviser is not owed coverage under her firm's professional liability policy for an underlying defamation lawsuit.

  • February 23, 2024

    BofA Seeks Win In Pa. Vehicle Repossession Class Action

    Bank of America NA has asked a Pennsylvania federal judge to grant it a win in a suit alleging it sent inadequate notice letters to people whose cars it repossessed, arguing that because the car owners admit the notices did not affect their ability to redeem their vehicles, there is no genuine issue in the case.

  • February 23, 2024

    Industrial Supplier Inks $350M Deal To Buy Wesco Unit

    Electrical distribution services company Wesco International has agreed to sell its North American and European industrial maintenance, repair and integrated supply business Wesco Integrated Supply to Vallen Distribution for $350 million in an attempt to reduce debt and repurchase shares, the companies announced Friday.

  • February 23, 2024

    Co. Saddled Retirement Plan With Mediocre Funds, Suit Says

    SAS Institute Inc. cost workers millions in savings by failing to trim underperforming investment funds from its $3.6 billion retirement plan, according to a proposed class action filed against the software analytics giant in North Carolina federal court.

  • February 23, 2024

    Ex-Dechert Atty Can Keep Depo Confidential In Hacking Case

    A former Dechert LLP partner can keep her deposition under wraps in an airline mogul's suit seeking to prove an international hacking conspiracy, a special master in North Carolina has ruled in a blow to the tycoon, who accused the attorney of trying to shield misconduct.

  • February 23, 2024

    Trade Group Tells NC Justices COVID-19 Losses Not Covered

    A dozen North Carolina eateries are not owed coverage for pandemic-related losses, the American Property Casualty Insurance Association told the state's highest court, saying the policies at issue were never intended to cover economic damages "untethered" to physical loss or damage.

  • February 23, 2024

    Eye Care Tech Co. Gets Go-Ahead For April Sale In Ch. 11

    A Texas bankruptcy judge said Friday she will approve sale procedures that will put a troubled optometry software maker on the block in April, after the debtor said it will give creditors a few more days to respond if it decides to name a stalking horse bidder.

  • February 22, 2024

    BofA Pulling Fast One To Exit Gag Clause Suit, Customers Say

    Consumers suing Bank of America for allegedly trying to stifle consumer critics through clauses in its online service agreements have urged a California federal judge not to toss their suit, arguing the bank's dismissal arguments are without legal merit, factually incorrect and "intended to mislead."

  • February 22, 2024

    Wash. AG Seeks $1.2M In Damages For Debt Collector's Errors

    A debt collection company should pay more than $1.2 million after it "didn't even come close to complying with the law" while recovering medical debt payments for a hospital in Washington, the state attorney general's office told a judge during a bench trial Thursday.

Expert Analysis

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Grant Compliance Takeaways From Ga. Tech's FCA Settlement

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    Georgia Tech’s recent False Claims Act settlement over its failure to detect compliance shortcomings in a grant program was unique in that it involved a voluntary repayment of funds prior to the resolution, offering a few key lessons for universities receiving research funding from the government, says Jonathan Porter at Husch Blackwell.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Ch. 11 Ruling Highlights 'Two-Step' Challenges In 4th Circ.

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    A North Carolina bankruptcy court’s recent ruling in Bestwall’s Chapter 11 case, and the decision's interpretation of Fourth Circuit law, suggests that, compared to other circuits, it may be more difficult to dismiss so-called Texas Two-Step bankruptcy cases within the Fourth Circuit, say Brittany Falabella and Kollin Bender at Hirschler Fleischer.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

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    In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

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