North Carolina

  • January 08, 2025

    Consumers Get Class Cert. In Suit Over Law Firm's Robocalls

    A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.

  • January 08, 2025

    Michael Jordan 'Bought Into' System, NASCAR Tells NC Judge

    NASCAR implored a North Carolina federal judge on Wednesday to throw out portions of an antitrust suit brought by Michael Jordan's team and award a $36 million bond, saying it was the teams themselves who demanded the contracts they now claim are monopolistic.

  • January 08, 2025

    Edward Jones Fined $17M Over Customer Transition Fees

    Edward Jones has agreed to pay $17 million to end an investigation into alleged supervisory failures that may have led it to overcharge customers who transitioned from its brokerage division to its advisory division, state regulators announced Wednesday.

  • January 08, 2025

    Oppenheimer Fights Claims Over Ex-Worker's Ponzi Scheme

    Financial services giant Oppenheimer & Co. Inc. is seeking to avoid an arbitration fight brought by three North Carolina residents over a Ponzi scheme orchestrated by a former Oppenheimer employee, arguing in a new suit the individuals have never been customers of Oppenheimer and, therefore, have no standing to bring claims or arbitrate.

  • January 08, 2025

    Biotech Co.'s Facility Failures Lost Investors Money, Suit Says

    The executives and directors of biotechnology company Humacyte Inc. have been hit with a shareholder derivative suit in North Carolina federal court alleging the company concealed that its manufacturing facility failed to comply with certain quality assurance practices, leading to delayed regulatory review for its product candidate.

  • January 08, 2025

    Epic Gets Backing For Google App Store Changes

    Epic Games has received support from federal antitrust enforcers, Microsoft and others at the Ninth Circuit as the game developer fights Google's bid to appeal an order forcing the tech giant to loosen its policies surrounding the distribution of apps on Android devices.

  • January 08, 2025

    Canadian Payment Systems Co. Hits Ch. 15 As It Seeks Buyer

    Vancouver-based Felix Payment Systems Ltd. has filed a Chapter 15 petition in North Carolina with CA$19 million ($13.2 million) in liabilities, saying it needs to shield its assets from creditors as it moves to restructure through Canadian insolvency proceedings.

  • January 08, 2025

    Black Ex-Poultry Worker Wants Secret Recordings In Bias Trial

    A Black former employee at Mountaire Farms Inc. has urged a North Carolina federal judge to let the jury in his upcoming racial termination bias trial hear secret recordings he made of his conversations with company representatives, arguing he can verify their authenticity.

  • January 08, 2025

    Ex-Marketing Exec Says J&J Unit Dodging Basic Discovery

    An ex-marketing director for Johnson & Johnson's vision unit urged a New Jersey federal judge to order her former employer to produce documents related to its suit alleging she breached a noncompete agreement, arguing its stonewalling of discovery is depriving her of a fair chance to defend herself.

  • January 08, 2025

    Mortgage Cos. Fined $20M Over Cybersecurity Breach

    Bayview Asset Management LLC and three affiliates on Wednesday agreed to pay a $20 million fine and improve their cybersecurity programs to settle allegations from 53 state financial regulators that the mortgage companies had deficient cybersecurity practices and didn't fully cooperate with regulators after a 2021 data breach.

  • January 07, 2025

    4th Circ. Revives Ex-NC State Athlete's Title IX Assault Suit

    The Fourth Circuit on Tuesday revived a former North Carolina State University athlete's claims the university didn't protect him from being sexually assaulted by the school's ex-director of sports medicine, finding that a report about the director's "sexual grooming" may have been enough to put the school on notice of the abuse.

  • January 07, 2025

    Bill To Protect Wounded Knee Massacre Site Reintroduced

    A federal bill seeking to preserve a section of land at Wounded Knee Creek, where about 150 Lakota Indians were killed by the U.S. Army more than a century ago, has been reintroduced to the U.S. House for consideration during the Trump administration.

  • January 07, 2025

    Mortgage Servicer Makes Borrowers To 'Pay-To-Pay,' Suit Says

    Residential mortgage servicer Select Portfolio Servicing Inc. must face a customer's proposed class action alleging it breaks North Carolina state laws with $15 fees it charges borrowers who make monthly payments over the phone.

  • January 07, 2025

    4th Circ. Says Farm Bill Does Not Preempt Va. Hemp Law

    The Fourth Circuit affirmed Tuesday that the federal farm bill legalizing hemp nationwide did not preempt Virginia's new law reining in intoxicating products containing THC derived from hemp.

  • January 07, 2025

    Biotech Co. Urges NC Panel To Revive Legal Malpractice Suit

    A biotech company that lost a $22 million libel suit brought by a pharmaceutical executive has asked a North Carolina appeals panel for another shot at legal malpractice claims against its former legal counsel, arguing that a savings provision expands the statute of repose for the voluntarily dismissed claim to be revived.

  • January 07, 2025

    Cos. Seek Pause Of Retention Credit Processing In Litigation

    Two companies that helped clients obtain pandemic-era employee retention tax credits asked Arizona federal district court Tuesday to pause the IRS' use of a system for automatically processing claims, saying harm caused by this process cannot be remedied after litigation.

  • January 07, 2025

    NC Homeowners Certified In HOA Debt Collection Class Action

    A federal judge has certified two classes of North Carolina homeowners who allege that a debt collector charged excessive fees and sent misleading notices to scare people into ponying up the cash, but the judge excluded a third proposed class that she said was too ambiguous.

  • January 07, 2025

    NC Biz Court Limits MV Realty's Usable Trial Evidence

    Embattled Florida real estate company MV Realty will not be allowed to introduce certain evidence at its upcoming fraud trial about its calls to consumers, as a punishment for providing the state inaccurate information during discovery, the North Carolina Business Court has ruled.

  • January 07, 2025

    DOJ Ropes Landlords Into RealPage Antitrust Case

    The U.S. Department of Justice dramatically expanded its antitrust case against RealPage on Tuesday, accusing half a dozen residential landlords of using the software company's tools to coordinate rental rates while reaching a settlement with one of the property owners.

  • January 07, 2025

    NC Justices Pause Certification Of Contested Top Court Race

    North Carolina's top court on Tuesday stopped the state Board of Elections from certifying the results of a hotly contested associate justice race, granting a temporary stay to the losing Republican candidate in the midst of his ballot challenge seeking to throw out scores of votes.

  • January 07, 2025

    4th Circ. Revives Christian Vax Refuser's Religious Bias Suit

    The Fourth Circuit reinstated Tuesday a lawsuit from a Christian nurse who claimed she was unlawfully fired for refusing to get vaccinated against COVID-19, ruling a trial court jumped the gun when it tossed her case.

  • January 06, 2025

    Trucking Financial Co. Says Ex-Worker Broke Noncompete

    The former face of customer service for a Charlotte, North Carolina, branch of a full-service provider for companies in the logistics and transportation industries has been hit with a suit by his former employer alleging he violated his noncompete agreement by joining a rival business and enticing "significant customers" to follow him.

  • January 06, 2025

    Clemson, FSU Agreed To 'Sue And Be Sued' In NC, ACC Says

    The Atlantic Coast Conference urged North Carolina's top court to allow its lawsuits over grant of rights contracts against Clemson and Florida State universities to stand, saying they can't be dismissed because the colleges agreed to "sue and be sued" as part of doing business in the Tar Heel State.

  • January 06, 2025

    Prepared Foods Co. Accused Of Duping CEO With Stock Plan

    The former CEO of the American arm of a U.K.-based food manufacturer says the company deluded him with misleading promises about stock options during the recruitment process to get him to join and then refused to pony up the shares when he left.

  • January 06, 2025

    NC Town Sued To Stop Confederate Statue's Move To Courthouse

    A town council and board of commissioners in eastern North Carolina may not unilaterally relocate a controversial Confederate monument to the grounds of a local courthouse, a group of North Carolina residents has told a state court in a suit to block the move over an alleged violation of the state's open meetings law.

Expert Analysis

  • Missouri Injunction A Setback For State Anti-ESG Rules

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    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.

  • DOJ Must Overcome Hurdles In RealPage Antitrust Case

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    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.

  • How Methods Are Evolving In Textualist Interpretations

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    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.

  • Avoiding Corporate Political Activity Pitfalls This Election Year

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    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.

  • Why Attorneys Should Consider Community Leadership Roles

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    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.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    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.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    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.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

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    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

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