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North Carolina
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March 13, 2025
Board To Review Patent In RJ Reynolds' Infringement Dispute
The U.S. Patent Trial and Appeal Board has agreed to hold an inter partes review of a patent challenged by R.J. Reynolds Vapor Co., finding the company has shown that at least some aspects of the patent may have been too obvious to grant.
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March 13, 2025
Duke University Must Face Narrowed Race Bias Suit
A North Carolina federal judge narrowed, but refused to fully dismiss, a suit against Duke University from a Black former worker who said he was fired after complaining that his boss made racially offensive comments, such as telling him he looked "too dark" on a video conference.
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March 13, 2025
Full 4th Circ. Urged To Rethink Drug Price-Fixing Class Action
The Fourth Circuit's dismissal of a proposed class action accusing drug companies of conspiring to inflate the price of a drug for Huntington's disease has deepened a circuit split on proving injury under the Racketeer Influenced and Corrupt Organizations Act, a group of reimbursement recovery entities has said in asking the full court to rethink the ruling.
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March 13, 2025
J&J Unit Drops Noncompete Suit Against Ex-Marketing Exec
Johnson & Johnson's vision unit has agreed to drop its claims against a former marketing director after reaching a settlement on allegations that she breached a noncompete agreement, according to a Thursday order in New Jersey federal court.
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March 13, 2025
Chubb Unit Can't Depose Smithfield CLO After 5-Year Lag
North Carolina's Business Court judge shut down a late deposition motion by a Chubb subsidiary seeking testimony from Smithfield Foods Inc.'s chief legal officer, criticizing the insurer for purportedly trying to open a "back door" to the coverage lawsuit's already-closed discovery process.
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March 13, 2025
RealPage Pushes Bid To Duck Antitrust Case In NC
RealPage and a group of landlords backed up a motion to shut down claims that the company's software helps fix rental prices brought by the U.S. Department of Justice and a group of states in North Carolina federal court.
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March 13, 2025
Worker's Missed Deposition Dooms Wage Case, Co. Says
A former employee of a logistics firm refuses to voluntarily dismiss his wage and hour collective action despite failing to show up for his deposition and expressing that he no longer wishes to pursue the case, the company argued as it urged a North Carolina federal court to toss the suit.
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March 12, 2025
4th Circ. Won't Undo Health Data Access Order
A Fourth Circuit panel issued a ruling Wednesday that affirmed a lower court's order requiring PointClickCare to allow Real Time Medical Systems to access patient data that it uses to provide nursing facilities with alerts for potential medical complications.
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March 12, 2025
Convicted Insurance Magnate Settles SEC's $57M Fraud Suit
Convicted insurance mogul Greg Lindberg has netted a deal with the U.S. Securities and Exchange Commission to resolve claims he misappropriated $57 million in client funds, tying up the civil suit just four months after he copped to related criminal charges.
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March 12, 2025
HUD Rejects NC City's DEI-Incorporating Disaster Relief Plan
The U.S. Department of Housing and Urban Development said it rejected a draft plan submitted by Asheville, North Carolina, outlining how the city would distribute $225 million in federal relief funds for hurricane recovery due to the plan's incorporation of "DEI criteria."
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March 12, 2025
NC Organ Procurer Sues CMS Over Hospital Waiver
A North Carolina-based organ procurement organization told a federal court Wednesday that the Centers for Medicare & Medicaid Services has violated federal law by giving a waiver to a hospital to work with another organ procurement service from a different region.
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March 12, 2025
4th Circ. Voids IRS Win In Collections Suit Against NC Couple
The IRS should not have been granted a district court win over a North Carolina couple's 2007 tax bill because there was conflicting evidence about when the taxpayers had reached out to the agency for an installment payment agreement, the Fourth Circuit said Wednesday.
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March 12, 2025
NC Man Pleads Guilty To Importing Counterfeit Car Airbags
A 31-year-old Raleigh, North Carolina, man who works as an engineer for the state's Department of Transportation has pled guilty to importing 2,500 counterfeit driver-side car airbags and selling several of them, federal prosecutors announced.
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March 12, 2025
Widow Blames Lawyer's Death On Heat From Atty, Biz Partner
A lawyer who co-founded a successful college athletics database took his own life after both his former business partner and his personal attorney falsely accused him of stealing from the company and sought to take control of his assets as repayment, his family said in a state court complaint that seeks to sort through the "financial wreckage."
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March 12, 2025
Capitala Group Clinches Latest Fund With Over $1B In Tow
Lower middle market-focused private equity shop Capitala Group on Wednesday revealed that it closed its latest fund after securing over $1 billion in capital commitments.
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March 12, 2025
BofA, Merrill Defeat Ex-Adviser's Deferred Compensation Suit
Bank of America and investment management subsidiary Merrill defeated a former financial adviser's suit claiming deferred compensation he'd earned was unlawfully revoked when he left the company, with a North Carolina federal court finding the money didn't qualify as retirement funds covered by benefits law.
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March 11, 2025
Medical Device Co. Seeks Fed. Circ. Redo Over Patent Trial
A medical device manufacturer is asking a Federal Circuit panel to reconsider a decision reviving a patent infringement case against it, arguing a lower court judge was fine to allow tardy testimony from a witness who took its side.
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March 11, 2025
'Paucity' Of Proof Thwarts NC State Law Claims In Gardasil MDL
A North Carolina federal judge has found that Merck did not violate state law by not including warnings about its Human Papillomavirus vaccine Gardasil, saying there was a "paucity" of evidence that the vaccines cause certain injuries to recipients.
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March 11, 2025
Captive Insurer Shareholders Can't Target Owner, Court Told
The majority owner of a now-defunct North Carolina captive insurer wasn't personally obligated to pay premiums for nursing homes reportedly under his control, his counsel told a state court judge in seeking to pare down a self-dealing suit lobbed by the minority shareholders.
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March 11, 2025
DOJ's RealPage Antitrust Case Gets New Judge
The U.S. Department of Justice's price-fixing lawsuit against algorithmic real estate pricing company RealPage is getting a new judge due to a conflict.
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March 11, 2025
FERC Can't Defend Its Enforcement Powers, Energy Co. Says
An energy efficiency aggregator insists that the Federal Energy Regulatory Commission doesn't have the authority to pursue a market manipulation case against it, telling a North Carolina federal judge that just because it can contest a penalty in court doesn't mean its constitutional rights haven't been violated.
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March 11, 2025
Full Fed. Circ. Won't Rehear $95M Altria Patent Suit Win
The Federal Circuit won't hold an en banc review of a $95 million judgment against R.J. Reynolds Vapor Co. that ended a suit from Altria Client Services LLC alleging that R.J. Reynolds infringed three of its patents.
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March 11, 2025
1st Circ. Upholds Block On Trump's Birthright Citizenship Order
The First Circuit on Tuesday refused to disturb a Massachusetts federal judge's ruling that blocked the Trump administration's move to end birthright citizenship, rejecting the government's claim that states suing over the policy lacked standing.
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March 11, 2025
Womble Bond Partner Named US Attorney For Western NC
A white collar defense attorney and business litigator from Womble Bond Dickinson's Charlotte office will helm the U.S. Attorney's Office for the Western District of North Carolina, filling a vacancy left by former U.S. Attorney Dena J. King.
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March 10, 2025
Split 4th Circ. Says Video Privacy Suit Belongs In Arbitration
A divided Fourth Circuit panel ruled Monday that a pair of subscribers pressing a putative class action accusing streaming service CuriosityStream Inc. of unlawfully sharing their video-viewing information must arbitrate their claims, with the majority finding that registered users had "reasonable notice" of the arbitration agreement.
Expert Analysis
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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DOJ Must Overcome Hurdles In RealPage Antitrust Case
The U.S. Department of Justice's recent claims that RealPage's pricing software violates the Sherman Act mark a creative, and apparently contradictory, shift in the agency's approach to algorithmic price-fixing that will face several key challenges, say attorneys at Clifford Chance.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Avoiding Corporate Political Activity Pitfalls This Election Year
As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.