With its origins in the 16th century, the attorney-client privilege is one of the oldest doctrines in our common law tradition. Even so, new issues do arise, like in the North Carolina Business Court case Hosie v. 8 Rivers...more
In a recent decision, the Fourth Circuit considered a class action lawsuit brought by shareholders of a biopharma company, INC Research Holdings, Inc. (now Syneos Health Inc.). The shareholders had voted to approve a merger...more
1/9/2024
/ C-Suite Executives ,
Class Action ,
Control Person ,
Mergers ,
Securities Act of 1933 ,
Securities Exchange Act ,
Securities Fraud ,
Shareholder Approval ,
Shareholder Litigation ,
Shareholders ,
Stock Prices
Plaintiffs frequently tack on negligent misrepresentation claims to ordinary business disputes. A negligent misrepresentation claim alleges that one party carelessly supplied incorrect or incomplete information on which the...more
Recently, the United States Court of Appeals for the Fourth Circuit considered whether “gruyere” cheese can be registered as a trademark in the United States, or whether it is merely a generic term that is not entitled to...more
Video gaming is an enormous industry, currently bigger than the movie and music industries combined, and only continues to grow. Two billion people—a quarter of the world’s population—play video games. Gaming generated $155...more
The Fourth Circuit dismissed an investor’s lawsuit against a hotel chain that had been subject to a data breach, ruling that the company had not made false or misleading public statements about its protection of customer...more
5/19/2022
/ Appeals ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Security ,
False Statements ,
Institutional Investors ,
Internal Controls ,
Marriott ,
Misleading Statements ,
Popular ,
Rule 10(b) ,
Securities Exchange Act ,
Securities Fraud ,
Shareholder Litigation
Fourth Circuit decision reminds litigants that settlement agreements can have far-reaching effects on the relationship between the parties.
A recent decision of the U.S. Court of Appeals for the Fourth Circuit addressed...more
A recent decision of the U.S. Court of Appeals for the Fourth Circuit concerned a nightmare scenario for any property owner. The plaintiffs sought to rebuild their beachfront house after it was destroyed.
Originally...more
A driver bought a used Ford Crown Victoria in Minnesota. Later, while driving on a rural road with a friend in the passenger seat, he collided with a snow plow. The car landed in a ditch, and its passenger-side air bag did...more
Employers should be aware of the risk of liability under anti-discrimination and anti-retaliation statutes when transferring employees to other positions.
A recent decision of the U.S. Court of Appeals for the Fourth...more
Be careful what you ask for. If that juicy prejudicial evidence seems just too good to pass up, you should consider the Fourth Circuit’s recent decision in 'Macsherry v. Sparrows Point.'
Trials are expensive and...more
The Fourth Circuit upholds severe sanctions against a party who fails to preserve evidence in litigation.
A recent decision of the U.S. Court of Appeals for the Fourth Circuit emphasizes the importance of preserving...more
Protestors across America have delivered a firm message in response to the deaths of black citizens at the hands of law enforcement: “This has to stop.” The U.S. Court of Appeals for the Fourth Circuit used the same words on...more
Punitive damages are an extraordinary remedy under Title VII, and in order to obtain them, the plaintiff must satisfy a higher standard. Nonetheless, the threat of substantial punitive damages under Title VII should put...more
On April 21, 2020, the U.S. Supreme Court resolved a long-unsettled issue in trademark law, holding that Section 43(a) of the Lanham Act enables a trademark owner to recover the profits earned by an infringer without proving...more
5/6/2020
/ § 1125(a) ,
§ 1125(c) ,
Appeals ,
Burden of Proof ,
Charge-Filing Preconditions ,
Compensatory Awards ,
Dilution ,
Lanham Act ,
Lost Profits ,
Remand ,
Remedies ,
Romag Fasteners v Fossil ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Vacated ,
Willful Infringement
A plaintiff bringing a lawsuit will often want to file close to home, for various strategic and logistical reasons. The appeal of filing at home has perhaps never been stronger, as COVID-19 casts uncertainty on travel plans...more
It is important to consider how the coronavirus (COVID-19) may affect your business relationships. Every situation and contract will be different, requiring its own assessment and consideration of risks and how to respond....more
Federal courts are courts of limited jurisdiction. Marbury v. Madison (circa 1803) is perhaps the most famous example of this principle. But the limits of federal jurisdiction are regularly tested in our courts today. One...more
2/13/2020
/ Appeals ,
Defamation ,
Default ,
Discovery ,
Dismissals ,
Evidence ,
Federal Jurisdiction ,
Jurisdiction ,
Remand ,
Rooker-Feldman Doctrine ,
SC Supreme Court
A recent decision of the U.S. Court of Appeals for the Fourth Circuit (one among the 13 appeals courts of the U.S. federal court system) underscores the importance of the attorney-client privilege. In a case titled In re:...more
12/13/2019
/ Appeals ,
Attorney-Client Privilege ,
Confidential Communications ,
Crime-Fraud Exception ,
DEA ,
Forensic Examination ,
Irreparable Harm ,
IRS ,
Preliminary Injunctions ,
Search Warrant ,
Work-Product Doctrine
The Supreme Court of North Carolina recently issued an opinion that could have a substantial impact on the enforceability of arbitration agreements when a fiduciary relationship exists, particularly in the context of consumer...more
In a contract governed by federal law, does “The End” really mean “The End”? Some federal courts have said “no,” but the U.S. Supreme Court has just said “yes.”
Most contract cases in federal court involve the...more
In a contract governed by federal law, does “The End” really mean “The End”? Some federal courts have said “no,” but the U.S. Supreme Court has just said “yes.”
...more
In an opinion that could help remedy the problem of baseless merger litigation, a court applying North Carolina law recently refused to approve a class action settlement because the underlying lawsuit was without merit. ...more
In Weidman v. ExxonMobil Corporation, et al., No. 13-2007 (4th Cir., January 8, 2015), the Fourth Circuit confirmed that the “fraudulent joinder” doctrine requires neither an allegation of fraud nor a situation involving a...more
The Eastern District of North Carolina recently granted summary judgment for the defendant in a securities fraud action, holding that the plaintiff had failed to prove either scienter or reliance where alleged verbal...more