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North Carolina
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September 18, 2024
AI Musician Denies Purported $10M Streaming Scam
A North Carolina man facing a novel fraud case alleging he used artificial intelligence on platforms like Apple Music, Spotify and YouTube to generate around $10 million in illegal revenues denied wrongdoing at his initial court appearance Wednesday in New York.
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September 18, 2024
SEC Must Clarify Murky Crypto Rules, Ex-Officials Tell House
Two former U.S. Securities and Exchange Commission officials who now represent crypto businesses told House lawmakers Wednesday that the agency's insistence on analyzing the economic realities of every crypto transaction in lieu of clear rulemaking has put the sector and its attorneys in unworkable situations.
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September 18, 2024
Toss Atty Input Overboard, Says Org. In Blackbeard Image Spat
A marine research organization and a state cultural resources agency have urged the North Carolina Business Court to scrap testimony from attorneys from trial evidence in a contract battle over the use of images and video of Blackbeard's shipwreck.
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September 18, 2024
NC Panel Won't Undo Energy Rates In Solar Incentives Row
The North Carolina state appeals court has declined to unravel the state's revised energy rates for residents with rooftop solar power, saying that while the North Carolina Utilities Commission erred by concluding it was not required to conduct a cost-benefit investigation, it de facto carried out such an inquiry anyway.
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September 18, 2024
EEOC Nabs $85K For Ex-Walmart Worker Who Needed Leave
Walmart has agreed to pay a former sales associate $85,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the retail giant fired her when she requested medical leave to treat her Crohn's disease, according to a North Carolina federal court filing.
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September 18, 2024
ITC Looking At Advanced Bionics Implant Patent Claims
The U.S. International Trade Commission said it will look into allegations from Switzerland's Advanced Bionics that Austria's Med-El has been infringing cochlear implant hearing aid technology.
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September 18, 2024
North Carolina Powerhouse: Brooks Pierce
Brooks Pierce showed its strength in education and business law in 2024 with a successful defense of Charlotte Latin private school against parents' claims that a political agenda led to their children's disenrollment, and with its representation of Community First Bank in a smooth $2.2 billion merger with Dogwood State Bank.
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September 18, 2024
Accounting Firm Prunes Flower Bulb Co.'s $2M Tax Bill Case
The North Carolina Business Court has narrowed a flower bulb retailer's negligence suit alleging its former accounting firm failed to sound the alarm about a major change in tax law, finding there was no fiduciary duty owed but that there may have been a breach of contract.
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September 17, 2024
Prepaid Wireless Cards Not Subject To Tax, NC Justices Told
A North Carolina cellphone retailer wasn't obliged to remit tax on sales of prepaid wireless cards because the cards are gift cards that can be used for nontaxable services and sales, an attorney for the company told the state Supreme Court on Tuesday.
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September 17, 2024
North Carolina Panel Orders Redo In Hospital Beds Battle
A Tar Heel State administrative court erred when it used the state health department's failure to hold a public hearing as a basis to yank the department's approval of the University of North Carolina's application to enhance its hospital's services, an appeals court ruled Tuesday, in a setback for Duke University's healthcare unit.
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September 17, 2024
McGuireWoods Finance Pro Jumps To Troutman Pepper
A former McGuireWoods LLP attorney has joined the Charlotte, North Carolina, office of Troutman Pepper Hamilton Sanders LLP, where she'll guide consumer financial services clients through the litigation and compliance complexities of the highly regulated industry.
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September 17, 2024
Better Days Ahead For Associates, Recruiters Say
Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.
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September 17, 2024
North Carolina Powerhouse: McGuireWoods
McGuireWoods LLP has guided its major corporate clients in North Carolina through transactions in the billions, successfully defended real estate development projects, and through it all has led pro bono initiatives to help individuals, businesses and organizations in need of legal assistance.
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September 16, 2024
4th Circ. OKs Immediate Appeal Of Genworth 401(k) Class
The Fourth Circuit gave Genworth Financial a green light to challenge a recent trial court decision certifying a class in a suit brought by former Genworth workers who said the company violated federal benefits law by keeping underperforming BlackRock target-date funds in their 401(k) plan.
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September 16, 2024
Tanning Giant Can't Shutter Suit Over Unsolicited Cell Calls
Palm Beach Tan Inc. can't escape a proposed class action lawsuit alleging it sent repeated telemarketing text messages to consumers' phone despite requests for the company to stop.
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
DOL Faces 2 More Suits Over H-2A Farmworker Labor Rule
The U.S. Department of Labor was hit Friday with two lawsuits attacking its new regulation protecting union-related activities for agricultural workers on seasonal H-2A visas — less than a month after a Georgia federal judge paused the regulation.
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September 16, 2024
NC High Court Snapshot: Tax Fights And A Health Care Spat
Regulatory battles will take center stage when the North Carolina Supreme Court returns from summer break this week for a September argument lineup featuring appeals by Phillip Morris, Duke University's hospital and two Boost Mobile dealers.
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September 16, 2024
North Carolina Powerhouse: Smith Anderson
Smith Anderson in the past year spearheaded multimillion-dollar deals to bolster its reputation as a leader in mergers and acquisitions, from helping to merge the country's top medical professional liability insurance providers to representing biotech giant United Therapeutics Corp. in its $50 million acquisition of a manufactured kidney products company.
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September 16, 2024
Schnader Harrison Inflated Bills Before Collapse, Suit Says
A Philadelphia-based real estate company caught up in a contract dispute over an allegedly botched North Carolina development project has accused the defunct Schnader Harrison Segal & Lewis LLP of engaging in a "phantom billing scheme" to boost the firm's revenue ahead of its eventual dissolution last September.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
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September 13, 2024
Real Estate Recap: Foreclosure Legal Fees, Climate Resilience
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in legal fees from commercial mortgage foreclosures and insights into property resilience in areas affected by extreme weather events.
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September 13, 2024
NC City Illegally Foiled Affordable Housing Effort, Builder Says
A coastal North Carolina city conspired to block an affordable housing project near the Camp Lejeune military base, flying in the face of demand, a project developer claimed in North Carolina federal court.
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September 13, 2024
Fed. Judges Urged To Stop Clerks From Seeking Political Jobs
Federal judges should prohibit their law clerks from applying for postclerkship jobs with political organizations, as that may connect the judges' chambers to political activity, a judiciary committee said in ethics guidance issued this week.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
Expert Analysis
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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High Court's BofA Ruling Leaves State Preemption Questions
A recent U.S. Supreme Court decision in Cantero v. Bank of America sheds light on whether certain state banking regulations apply to federally chartered banks, but a circuit split could still force the Supreme Court to take a more direct position, says Brett Garver at Moritt Hock.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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What Junk Fee Law Means For Biz In California And Beyond
Come July 1, companies doing business in California must ensure that the price of any good or service as offered, displayed or advertised is inclusive of all mandatory fees and other charges in compliance with S.B. 478, which may have a far-reaching impact across the country due to wide applicability, say Alexandria Ruiz and Amy Lally at Sidley Austin.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.