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North Carolina
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April 24, 2025
Biz Court Questions What Ties TikTok To NC In Addiction Case
A North Carolina business judge grappled Thursday with the limits of personal jurisdiction in the internet age in the state's case alleging TikTok addicts young users, questioning whether a digital app is different from a physical good regarding where a lawsuit can be filed.
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April 24, 2025
Fallout From Ex-Football Coach's Alleged Hacking Spreads
Three more universities were hit with lawsuits this week by students who say they were targets of a former University of Michigan and Baltimore Ravens coach accused of hacking accounts to steal intimate photos, as the number of suits stemming from the scandal continues to grow.
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April 24, 2025
Fed. Circ. Won't Let Fortnite Maker Run Back PTAB Fights
Epic Games failed to persuade a Federal Circuit panel on Thursday to undo the patent board's rejection of the video game company's efforts to invalidate patents that Fortnite's in-game communication programs were accused of infringing.
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April 24, 2025
4th Circ. Won't Rehear Health Data Access Order Challenge
The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.
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April 24, 2025
Tax Cos. Head To 9th Circ. Over IRS Worker Credit Denials
Two tax assistance companies are appealing to the Ninth Circuit an Arizona federal court ruling denying their request to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, including those filed by their clients.
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April 24, 2025
Subscribers Lob Data-Sharing Suit At Baseball Media Co.
Baseball America Inc. customers have hit the company with a proposed class action in North Carolina federal court, alleging the sports publication illegally tracks their activity and shares the collected private data with third parties.
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April 24, 2025
NC Court Denies Athletes In NCAA Antitrust Suit Interim Relief
A North Carolina Business Court judge denied a preliminary injunction sought by four college football players in their suit against the National Collegiate Athletic Association seeking an additional year of eligibility, one of their attorneys confirmed Thursday.
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April 23, 2025
4th Circ. Says Immigration Board Evidence Standard Too High
The Fourth Circuit on Tuesday gave an Ethiopian man another chance to reopen his removal case following his marriage to an American woman, ruling that the Board of Immigration Appeals applied the wrong standard when it required that he provide "clear and convincing evidence" of his marriage's "bona fides."
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April 23, 2025
NC Justice Hammers Home Depot's Reading Of Sales Law
A North Carolina Supreme Court justice reminded Home Depot on Wednesday that it was arguing to "a lot of textualists" in a case about the state's ban on referral sales programs, with the justice suggesting the language in the law does not require a showing of inducement to prove harm.
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April 23, 2025
Pool Co. Wants Rival's CEO Arrested For Unpaid $17M Verdict
A U.S. pool parts supplier wants the owner of a rival Chinese business arrested after months of allegedly dodging court orders demanding information on company assets to satisfy a $17 million false advertising and deceptive business practices judgment.
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April 23, 2025
Judge Slams TCPA Atty Over Filing With 'No Legitimate Basis'
A North Carolina magistrate judge on Wednesday chastised a Telephone Consumer Protection Act litigant and his attorney for filing a reply to a discovery motion after the court had already ruled on it, striking the reply from the docket and warning that further filings without "a legitimate basis" could lead to sanctions.
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April 23, 2025
Akerman Adds Womble Bond Renewable Energy Pro In NC
Akerman LLP has added a former Womble Bond Dickinson LLP partner to the firm's Charlotte, North Carolina, office for its corporate practice group, the firm announced Tuesday.
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April 23, 2025
Split 4th Circ. Halts Ballot Curing In NC Top Court Race
A split Fourth Circuit panel froze the North Carolina Supreme Court's order requiring the Tar Heel State elections board to start a "curing process" for allegedly deficient ballots in a judicial election that a Republican judge is contesting, agreeing with the incumbent Democratic justice that her constitutional claims must be resolved first.
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April 22, 2025
4th Circ. Rejects Full Court Review Of Credit Union's Liability
The Fourth Circuit has declined to take a second look at a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle a metal fabricator out of $560,000.
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April 22, 2025
Wells Fargo Worker Wants Disability Bias Suit Kept In Play
Wells Fargo cannot shut down a senior finance manager's lawsuit alleging she faced backlash after she sought to work remotely because of health issues, the employee told a North Carolina federal court, saying she put forward enough detail to show she suffered discriminatory actions.
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April 22, 2025
NC Sheriff's Office Settles Workers' Wage Class Action
A North Carolina sheriff's office reached a deal with a class of detention center employees to end their lawsuit 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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April 22, 2025
NC Justice Fights GOP Challenger's 'Dangerous' Vote Fight
North Carolina Supreme Court Justice Allison Riggs urged a federal judge to dismiss the federal election law challenge brought by the Republican candidate she ran against for her seat, arguing it is "dangerous" to allow unsuccessful candidates to challenge election laws only after they have already lost.
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April 22, 2025
Judge Wonders If BofA Fake Accounts Suit Is 'Fishing'
A North Carolina federal judge on Tuesday questioned why he shouldn't dismiss a proposed class action alleging Bank of America opened unauthorized accounts in people's names after the bank argued that a similar suit against Wells Fargo didn't survive.
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April 22, 2025
Swissport Settles Mass. Airport Wage Claims For $3.1M
Aviation services provider Swissport will pay more than $3.1 million in penalties and restitution to workers at Boston's Logan International Airport to settle allegations that it violated Massachusetts wage laws, the state attorney general's office announced Tuesday.
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April 22, 2025
Ex-Baker Donelson Construction Atty Joins McNees Wallace
Pennsylvania-based McNees Wallace & Nurick LLC has added a construction litigation and arbitration attorney to the firm's Towson, Maryland, office as an of counsel from Baker Donelson Bearman Caldwell & Berkowitz PC.
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April 21, 2025
EV Chipmaker Wolfspeed's Execs Sued For Overstated Growth
Executives and directors of North Carolina-based electric vehicle chip manufacturer Wolfspeed Inc. were hit with a derivative suit on Monday alleging they overstated the potential effects a fabrication facility would have on increasing Wolfspeed's revenue and output.
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April 21, 2025
Asset Manager Admits Stealing $3M From Real Estate Cos.
A Connecticut asset manager who helped clients buy and manage real estate portfolios has pled guilty to stealing nearly $3 million from entities in five states to fund his day trading endeavors, federal prosecutors announced Monday.
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April 21, 2025
US Asks 4th Circ. To Pause Review Of Corp. Transparency Act
The U.S. government urged the Fourth Circuit to pause a challenge brought by community associations against an information disclosure law aimed at small businesses, arguing that the U.S. Treasury Department's newly narrowed rules could moot the claims.
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April 21, 2025
Dental Practices Say Ex-Contractor Holding Websites Hostage
A group of pediatric dental practices in North Carolina have accused their longtime business consultant of "hijacking" several website domains after they canceled his contract, saying he's trying to use the domains as leverage in unrelated negotiations.
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April 21, 2025
Investor Says Energy Co. Hid Texas Plant Project Challenges
An investor hit Net Power Inc. with a proposed class action claiming that it and its executives misled the public about known problems with a power plant project in Texas, artificially inflating the company's stock price until those issues came to light and led to multiple stock drops.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Roundup
Banking Brief: State Law Recaps From Each Quarter Of 2024
In this Expert Analysis series, throughout 2024 attorneys provided quarterly recaps discussing the biggest developments in banking regulation, litigation and policymaking in various states, including New York, California and Illinois.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.