As home to the second largest banking center in the country, North Carolina has stepped onto the leading edge of innovation in the FinTech and InsurTech arenas. Late last year, Governor Cooper signed into law H624, the North...more
2/16/2022
/ Consumer Financial Products ,
Financial Services Industry ,
FinTech ,
Governor Cooper ,
Innovative Technology ,
Insurtech ,
Legislative Agendas ,
New Legislation ,
Regulatory Oversight ,
Sandbox ,
State Legislatures
When state and local governments began issuing shutdown and stay-at-home orders a little over a year ago, it was difficult to fathom how long businesses would be struggling to operate within the boundaries of the...more
4/21/2021
/ Business Interruption ,
Business Losses ,
Commercial Insurance Policies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Healthcare ,
Hospitality Industry ,
Hospitals ,
Motion to Dismiss ,
Retailers ,
Small Business
The losses sustained by American businesses in the wake of the COVID-19 pandemic will be measured at a level that may never be seen again in our lifetime. On July 30th, the U.S. Bureau of Economic Analysis issued an advance...more
After months of discussion and drafting, H.R.7011, the Pandemic Risk Insurance Act of 2020 (PRIA) was introduced by Representative Carolyn Maloney and twenty co-sponsors on May 26, 2020. If passed as currently drafted, the...more
For the last two months, the doors of millions of businesses and homes have been shuttered due to government mandated stay at home orders. Through it all, the individuals who have served on the front lines and in essential...more
In just a few weeks, we have gone from discussing what was believed to be the first COVID-19 lawsuit related to business interruption insurance and a handful of state legislative efforts to redefine the scope of coverage for...more
A few weeks ago we were discussing what was believed to be the first COVID-19 lawsuit related to business interruption insurance and a handful of state legislative efforts to redefine the scope of coverage for businesses...more
One thing, among many, that enduring the COVID-19 crisis is reminding us of is that the resilience of the human spirit is remarkable. Amidst calls for more personal protective equipment for the dedicated healthcare workers on...more
The Novel Coronavirus (COVID-19) pandemic has elicited extraordinary suppression and mitigation measures from all levels of government in the U.S. and around the world. It is difficult to fathom the extent to which the...more
At 5:00 p.m. on Monday, March 30, 2020, all citizens and businesses of North Carolina will join hundreds of millions of others in the United States that are subject to state or local government issued “stay-at-home” orders....more
It is an understatement to say that the foothold the 2019 Novel Coronavirus (COVID-19) has gained in the U.S. and resulting government mandates have developed at a rapid pace. Two weeks ago, companies were open for business,...more
Over the course of the last several years, we have seen movement at the state and local levels to revamp land use laws to prepare North Carolina for the future. Population growth in North Carolina has outpaced the nation...more
In a separate post, we discussed several cases decided by the National Labor Relations Board (NLRB) in which the Board invalidated agreements requiring employees to arbitrate employment-related claims due to vague language...more
The U.S. Supreme Court settled the long-standing dispute regarding the viability of class arbitration waivers in employment contracts with its determination in Epic Systems Corp. v. Lewis, 584 U. S. ____ (2018) that they...more
It is an exciting time to be living in Charlotte, North Carolina, whether you have deep roots here or are a recent addition to our burgeoning city. North Carolina is experiencing rapid growth, adding nearly 309 people per...more
A defendant by any other name does not smell as sweet when it comes to removing class actions from state court to federal court, even under the Class Action Fairness Act of 2005 (“CAFA”). Congress passed CAFA to address...more
8/25/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more
6/12/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
CAFA ,
Class Action ,
Class Arbitration ,
Co-Defendants ,
Consent ,
Counterclaims ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
Federal v State Law Application ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Remand ,
Removal ,
Reversal ,
SCOTUS ,
Third-Party
The City of Charlotte has revamped its approach to Transit Oriented Development (TOD) as an initial step in the process of transforming the city into a liveable one that provides transportation options for all residents to...more
5/7/2019
/ Advisory Committee ,
City Planning Departments ,
Community Development ,
Local Ordinance ,
New Regulations ,
Proposed Amendments ,
Public Hearing ,
Public Transit ,
Transportation Industry ,
Urban Planning & Development ,
Zoning Laws
We have been following the Frank v. Gaos, 586 U. S. __ (2019) class action case, which presented an opportunity for the U.S. Supreme Court to determine the limits on the use of the cy pres doctrine in the context of class...more
Updated February 5, 2019 to reflect change in scheduled events and Public Hearing date.
The Charlotte Department of Planning, Design & Development (Planning Department) is facilitating the transformation of the city into...more
What is the value of the class action mechanism if no redress is provided to plaintiffs at all? Is the class action about providing a remedy to plaintiffs, is it just about getting the defendant company to pay something to...more
11/28/2018
/ Article III ,
Attorney's Fees ,
Briefing Schedule ,
Charitable Organizations ,
Class Action ,
Class Members ,
Cy Pres Funds ,
Data Privacy ,
Disclosure ,
Frank v Gaos ,
Fund Distribution ,
Google ,
Internet Privacy ,
Judgment on the Merits ,
Jurisdiction ,
Oral Argument ,
Search Terms ,
Settlement ,
Standing
We have been talking about Frank v. Gaos, (No. 17-961), since the U.S. Supreme Court decided to tackle the extreme case of the use of the cy pres doctrine in the context of class action cases. The settlement is a cy pres-only...more
11/28/2018
/ Appeals ,
Attorney's Fees ,
Charitable Organizations ,
Class Action ,
Class Members ,
Cy Pres Funds ,
Frank v Gaos ,
FRCP 23 ,
Fund Distribution ,
Judgment on the Merits ,
Oral Argument ,
Standing
Several months ago, Charlotte’s Planning Director Taiwo Jaiyeoba charted a new course for drafting Charlotte’s Unified Development Ordinance (CLTUDO). We are now undertaking the development of a comprehensive vision plan for...more
Class actions challenging corporate merger transactions often result in settlement agreements in which the only remedy obtained by the plaintiff class is the company defendants’ additional disclosure of information related to...more
8/29/2018
/ Attorney's Fees ,
Business Court ,
Class Action ,
Disclosure-Based Settlements ,
Fee Awards ,
Litigation Fees & Costs ,
Merger Agreements ,
Mergers ,
Non-Disclosure Agreement ,
Settlement Agreements ,
Shareholders
There has been a lot of discussion surrounding class action litigation over the course of the last several years. The U.S. Supreme Court has tackled a variety of issues ranging from the use of class action waivers in...more