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North Carolina
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May 05, 2025
2nd Circ. Finds Lack Of Atty At Hearing Not Basis For Appeal
The Second Circuit said Monday that a former IT worker at an unidentified New Jersey law firm who pled guilty to fraud had no right to a court-appointed attorney under the Sixth Amendment for a postjudgment hearing over substituting an asset to satisfy a forfeiture order.
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May 05, 2025
Veterans Look To Bar Firm's Contacts With Potential Class
Veterans urged a North Carolina federal judge to bar a consulting firm from contacting potential class members about litigation accusing the firm of charging illegal fees, saying it has emailed tens of thousands of them asking to help with the firm's defense.
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May 05, 2025
Enviro Groups Push Back On Bid To Toss CSX Rebuild Suit
Environmental groups American Whitewater and American Rivers are fighting bids by U.S. government agencies and CSX Transportation Inc. to throw out their claims that the agencies wrongly permitted CSX to rebuild chunks of its railroad destroyed by Hurricane Helene, saying the complaint is sufficient to allege the agencies acted arbitrarily and capriciously.
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May 05, 2025
Former NC Solicitor General Joins McGuireWoods In Raleigh
Former North Carolina Solicitor General Ryan Park has joined McGuireWoods as a partner in the appeals and issues practice group and co-leader of the North Carolina appellate practice, the firm announced Monday.
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May 02, 2025
Feds Expand Hunting, Fishing Access In 16 Wildlife Refuges
The federal government is proposing to expand hunting and fishing access on more than 87,000 acres within the 11 states in national wildlife and fish hatchery systems, saying on Friday the move would more than triple the number of opportunities for outdoor recreation.
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May 02, 2025
DOGE Takes Social Security Data Access Fight To High Court
The Social Security Administration asked the U.S. Supreme Court on Friday to lift a Maryland federal judge's order that limits the Department of Government Efficiency's access to millions of Americans' data, in the first high court case involving the supposed fraud-busting actions of Elon Musk's group.
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May 02, 2025
Real Estate Recap: Budget Cuts, Student Housing, Old Malls
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including real estate takeaways from President Donald Trump's proposed federal budget cuts and two asset classes attracting attention.
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May 02, 2025
Apple Beats Suit Over Child Porn In ICloud Accounts, For Now
A California federal judge tossed a proposed class action Thursday claiming Apple engaged in "privacy-washing" by ignoring a problem with child sexual abuse material on its iCloud storage platform, dismissing some claims with prejudice while allowing others to be amended.
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May 02, 2025
Truck Modification Co. Shorted Workers Overtime, Suit Says
A commercial truck modification company flouted state and federal labor laws by allegedly failing to pay its hourly employees for work beyond their allotted shift times, according to a proposed class and collective action filed in North Carolina federal court.
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May 02, 2025
Auto Services Co. Top Brass Sued Over Biz Integration Issues
The top brass of Driven Brands Holdings Inc., the largest automotive services company in North America, has been hit with a shareholder derivative suit for allegedly failing to disclose integration issues the company faced after acquiring small business segments, which caused Driven's stock price to drop when the truth was revealed.
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May 02, 2025
NC Public Housing Agency Denies Bias Suit Has Legal Backing
A Charlotte public housing authority and one of its supervisors asked a North Carolina federal judge to rule in their favor ahead of trial over discrimination and retaliation claims brought by one of the authority's former coordinators, arguing the woman's allegations have no legal basis.
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May 02, 2025
Live Nation Antitrust Fight Won't Have Split Damages Phase
A Manhattan federal judge declined Friday to break out a possible monetary damages phase in a suit by federal and state authorities accusing Live Nation of quashing competition in live entertainment, saying the move would be unlikely to streamline the complex case.
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May 02, 2025
NC Farmers Say Fight With Crop Insurer Must Stay In Court
A suit by six tobacco farmers lodging tort claims against their crop insurer should proceed in state court, they told a North Carolina appeals court, arguing that an arbitration provision in their policy applies only to disputes over a coverage determination.
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May 02, 2025
Community Groups Accept Pause In CTA Litigation
A group of community associations has told the Fourth Circuit they aren't opposed to a government motion to pause litigation over the Corporate Transparency Act, even as they maintained the information disclosure law aimed at small businesses still carries constitutional flaws.
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May 01, 2025
Truist's $4.1M Robocall Class Settlement Gets Initial OK
A $4.1 million settlement between Truist Financial Corp. and a proposed class of cellphone users who say they got unwanted robocalls from the bank has received a North Carolina federal judge's initial green light.
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May 01, 2025
Insurance Pros Stress Disaster Mitigation In Senate Hearing
A panel of insurance experts stressed in front of a U.S. Senate committee Thursday the importance of mitigation efforts, such as strengthening building codes and hardening homes, as the experts discussed how prices in the property insurance market have soared because of recent natural disasters across the country.
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May 01, 2025
Senators Reintroduce Patent Eligibility, PTAB Reform Bills
U.S. Sens. Thom Tillis and Chris Coons on Thursday brought back two significant patent reform bills from last term that overall aim to make invalidating patents more difficult.
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May 01, 2025
4th Circ. Skips To Full Review Of DOGE's SSA Access
The Fourth Circuit has voted to initially hear as a full court the government's challenge to an order blocking a probe of the Social Security Administration and keep the block in place, with a majority differentiating a similar case it recently left to a three-member panel sans injunction.
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May 01, 2025
Ex-Exec's Claims Against Dechert Still No Good, 2nd Circ. Told
A North Carolina trade executive's latest trip to the Second Circuit in his quest to win damages for alleged hacking by a private investigator on Dechert LLP's behalf should end like the others, with a dismissal, defense counsel argued Thursday.
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May 01, 2025
NC Chef Says Restaurant Canned Him For Being Trans
The former executive sous chef at a resort restaurant in Flat Rock, North Carolina, claims in a lawsuit that he was terminated for having gender dysphoria and for requesting time off under the Family and Medical Leave Act to recover from gender reassignment surgery.
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May 01, 2025
States Urge 1st Circ. To Reinstate Federal Housing Grants
A coalition of states urged the First Circuit to reinstate a ruling that had blocked the Trump administration from cutting $30 million in fair housing grants, saying the federal government failed to consider the impact this decision would have on the groups' operations.
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May 01, 2025
Vape Makers, Sellers Aim To Block NC Law On E-Cigarettes
A vaping trade group and others are aiming to block a North Carolina law to regulate the sale of electronic cigarettes by arguing it is preempted by federal law, in a new suit filed in federal court.
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May 01, 2025
4th Circ. Affirms Ex-Crypto COO's Fraud Conviction
The Fourth Circuit found no error in a former cryptocurrency executive's conviction for fraud and conspiracy related to his time working at a foreign currency and cryptocurrency trading investment firm that the panel said was actually just a Ponzi scheme that never made any trades.
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April 30, 2025
Full 4th Circ. Avoids Constitutionality Of Geofence Warrants
The full Fourth Circuit was of many minds Wednesday morning as it ruled to co-sign the appellate court's previous finding upholding the use of a so-called geofence warrant to pinpoint a man's location in order to bring robbery charges against him.
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April 30, 2025
NAACP Fights Bid To Seal Info In Utility's PFAS Suit
A North Carolina chapter of the NAACP wants to intervene in public water suppliers' forever chemical pollution lawsuit against Chemours and a Corteva subsidiary, saying the information the companies want to conceal should remain available.
Expert Analysis
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Open Questions In Unsettled Geofence Warrant Landscape
The Fourth and Fifth Circuits recently reached radically divergent conclusions about the constitutionality of geofence warrants, creating an uncertain landscape in which defendants should assert and preserve the full range of conventional Fourth Amendment challenges, says Charles Fowler at McKool Smith.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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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.