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North Carolina
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June 11, 2025
BofA, FDIC Seek More Time To Finalize $540M Premiums Deal
Bank of America has confirmed it won't be appealing an order directing it to pay $540 million to the Federal Deposit Insurance Corp., asking a Washington, D.C., federal judge for more time to confirm their agreement on calculations related to the payment.
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June 11, 2025
Epic Games Hits Fortnite Cheat Maker With Copyright Suit
Fortnite maker Epic Games is suing a German cheat software developer, alongside resellers of the software, in North Carolina federal court for allegedly violating copyright law and interfering with contracts Epic has with its players.
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June 11, 2025
Firm Tells NC Panel To Rethink Ex-Partner's Retroactive Care
Cranfill Sumner LLP has asked a North Carolina appellate panel to rethink a single issue from the court's sweeping workers' compensation ruling last month favoring a former partner, saying there is not enough evidence to support granting him retroactive attendant care for his disability.
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June 11, 2025
DOJ Seeks Green Light For Landlord Deal In RealPage Suit
The federal government has asked a North Carolina federal judge to sign off on a consent decree reached with landlord Cortland Management LLC in antitrust litigation targeting RealPage Inc. and the landlords it alleges used the company's software to collude on rental prices.
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June 11, 2025
4th Circ. To Hear Arguments In Army Boarding School Row
The Fourth Circuit has set arguments in a dispute between the Winnebago Tribe of Nebraska and the U.S. Army over the return of remains of two of the tribe's children that are buried in the Carlisle Indian Boarding School cemetery in Pennsylvania.
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June 10, 2025
States Sue To Block 23andMe From Selling DNA Data In Ch. 11
A bipartisan coalition of 28 attorneys general has sued 23andMe Inc. in Missouri bankruptcy court seeking to block the genetic-testing company from auctioning off its 15 million customers' personal genetic information without their explicit consent in its ongoing Chapter 11 proceeding.
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June 10, 2025
Atty Accuses City Of 'Game-y' Tactics In Race Bias Settlement
A North Carolina employment attorney accused the city of Charlotte in federal court Tuesday of being "game-y" by trying to change a Black fire chief's racial bias settlement after both sides agreed to certain terms, saying she wouldn't make him sign something that didn't reflect those promises.
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June 10, 2025
Lindberg Says NC Court Can't Force $1.24M Claim On Fla. Co.
Convicted mogul Greg Lindberg is fighting a New Jersey publisher's bid to collect on a $1.24 million judgment from a holding company in Florida, saying in a brief filed in North Carolina state appellate court that he doesn't hold an interest in the Florida company.
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June 10, 2025
Mazda Driver Says Emissions Claims Distinct From Calif. Case
A North Carolina federal judge didn't fairly consider how a Mazda driver's claims of excessive emissions in the state were distinct from a California matter that ended in a settlement he didn't opt out of, the driver argued in a motion to revive the case.
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June 10, 2025
Health Records Co. Looks To Toss Patient Data Access Case
PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.
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June 10, 2025
Edward Jones Among 5 Firms Paying $9.3M Over Inflated Fees
Edward Jones, TD Ameritrade and three other wealth adviser firms have reached a $9.3 million settlement with the North American Securities Administrators Association after having been accused of overcharging fees for small-dollar investors.
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June 10, 2025
4th Circ. Backs Contract Verdict Against Turkish Weapons Co.
The Fourth Circuit on Tuesday rejected a Turkish military supplier's appeal in a case where a Virginia federal jury found that it owed $720,000 for breaching a 2019 agreement between it and a U.S. importer.
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June 10, 2025
BMW Says Water Pump Fire Risk Recall Suit Shows No Injury
BMW North America LLC asked a North Carolina federal judge to throw out a proposed class action brought by a driver in the Charlotte metropolitan area after the company recalled cars with a water pump fault, arguing the man has not suffered any damages and cannot state a claim.
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June 09, 2025
2nd Circ. Affirms Dechert's Victory Over Hacking Suit
The Second Circuit on Monday refused to revive a North Carolina trade executive's lawsuit alleging hacking by a private investigator on Dechert LLP's behalf, ruling in a nonprecedential opinion that a district judge's failure to review disputed portions of a magistrate judge's recommendation to dismiss the suit was ultimately harmless.
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June 09, 2025
No Early Remedy For NC Athlete In NCAA Eligibility Rule Fight
A federal judge denied a former North Carolina State University football player's early attempt to suspend NCAA rules and tack on a fifth season of eligibility, finding that his antitrust claims against the association's bylaws were likely to falter.
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June 09, 2025
'Substantial' Fraud Risk Keeps PruittHealth Breach Suit Alive
A Georgia federal judge said Monday that he would allow a putative data breach class action against southeastern healthcare provider PruittHealth to go forward in part, ruling that a former employee plausibly claimed she faced the threat of identity theft even if it had not happened to her yet.
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June 09, 2025
Textron Can't Sidestep Plane Crash Case, NC Panel Told
The owner of a private plane that went down after its cables snapped during takeoff has told North Carolina's intermediate appeals court not to let Textron Inc. duck its products liability lawsuit, saying the conglomerate can be pulled into litigation in the Tar Heel State because it has done business there for decades.
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June 09, 2025
Alibaba Wants Patent Suit Axed Over Atty's 'Extreme' Conduct
Cloud products and services company Alibaba Cloud US LLC has moved to dismiss a patent suit against it by Cooperative Entertainment Inc. as a sanction for "extreme" conduct by its attorney, which continued after he was referred to a disciplinary committee.
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June 09, 2025
City Says Insurer Owes $9M For Wrongful Incarceration Deal
An insurer for a North Carolina city improperly denied coverage for an underlying suit brought by a Black man who was wrongfully imprisoned for 44 years and is now on the hook for a $9.3 million settlement payment, the city argued in a suit removed to federal court.
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June 09, 2025
Smithfield Averts Trial In Last-Ditch Deal With NC Hog Supplier
A defunct hog supplier in North Carolina has settled its contract scuffle with Smithfield Foods Inc. just as the parties were primed to begin trial on Monday, putting to bed claims that Smithfield flouted their production agreement and forced the supplier out of business.
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June 09, 2025
NC Sheriff's Office To Pay $625K To End Workers' Wage Suit
A North Carolina sheriff's office agreed to pay $625,000 to a class of detention center employees to end their suit alleging they were underpaid because the sheriff paid them for a flat number of hours without considering that their work schedules varied, according to a filing in federal court.
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June 06, 2025
Tobacco Cos. Sue Philip Morris Over Bid To Void Wash. Deal
R.J. Reynolds and other tobacco producers have accused Philip Morris USA of trying to derail a deal with Washington state last spring to resolve longstanding payment disputes stemming from Big Tobacco's 1998 master settlement agreement, according to a new lawsuit in Washington state court.
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June 06, 2025
Truist's Negligence Led To Hackers Hijacking Deal, Firm Says
Delaware-based Rhodunda Williams & Kondraschow LLC is claiming in a new lawsuit that hackers used the law firm's email to hijack a real estate transaction and have funds wired to their account at Truist Financial Corp., which lacked the needed security measures to prevent the alleged fraud.
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June 06, 2025
Real Estate Recap: Hotels, Healthcare REITs, Secondaries
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including where the hotel sector stands at the midyear, which states are trying to curb healthcare investment models and what is fueling the surge in the real estate secondaries market.
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June 06, 2025
Kroger-Owned Grocery Escapes Baby Food Metal Claims
Harris Teeter escaped a proposed class action against parent Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, according to a Friday order.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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How To Address FCA Risk After 4th Circ. Ruling On DEI Orders
Following the Fourth Circuit's ruling in National Association of Diversity Officers in Higher Education v. Trump, which freed the administration to enforce executive orders targeting diversity, equity and inclusion programs, government contractors should take stock of potentially unlawful DEI programs, given their heightened risk under the False Claims Act, say attorneys at Sidley.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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End May Be In Sight For Small Biz Set-Aside Programs
A Jan. 21 executive order largely disarming the Office of Federal Contract Compliance Programs, along with recent court rulings, suggests that the administration may soon attempt to eliminate set-asides intended to level the award playing field for small business contractors that qualify under socioeconomic programs, say attorneys at Alston & Bird.