The journey from a Letter of Intent to a final agreement is often perilous, with the parties’ discussions and intentions wrangled by lawyers and company executives to memorialize deals with merger clauses. In Apex Health, Inc. v. Atrium Health, Inc., 2026 NCBC 10, plaintiff Apex learned from the…
Continue Reading Got an LOI that Extols Close Cooperation Among the Parties? Make Sure the Surviving Agreement Says it Too.On February 27, the Delaware Supreme Court unanimously upheld the constitutionality of the state’s major…
Continue Reading Delaware Supreme Court Upholds Major Rewrite of State’s Corporation LawParties May Not Always Get Oral Argument on Business Court Motions, But It Doesn’t Hurt to Flag the Need for It
The Business Court’s docket is jammed full of disputes among entrepreneurs, joint venturers, and hopeful…
Continue Reading Parties May Not Always Get Oral Argument on Business Court Motions, But It Doesn’t Hurt to Flag the Need for ItJudge Graham Shirley to Replace Retiring Business Court Judge A. Todd Brown
Judge A. Todd Brown has announced he will retire from the Business Court effective March…
Continue Reading Judge Graham Shirley to Replace Retiring Business Court Judge A. Todd BrownSubscribe to It’s Just Business
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19th Nervous Breakdown: on the Wrong Side of a Contractual Deadline, You Can’t Always Get What You Want
“[T]ime waits for no one,” sage Rolling Stones advice from 1974, doesn’t appear in Black’s Law Dictionary or result in frequent opinion cites for Keith Richards and Mick Jagger, the…
Continue Reading 19th Nervous Breakdown: on the Wrong Side of a Contractual Deadline, You Can’t Always Get What You WantBy Jeff MacHarg and Camryn Rohr.
Judge Conrad’s Final Judgment in Airtron, Inc. v. Bradley Allen Heinrich ends this years-long Chapter 75, trade secret case. No doubt, the plaintiff (Airtron)…
Continue Reading No lawyer, no problem. Justice will still be served.Business Court Gives Maggie Valley’s Ghost Town in the Sky More Time to Scare up Some Investors
A member seeking to dissolve an LLC which owns a mothballed amusement park in Maggie Valley, North Carolina, didn’t have a “ghost of a chance” to close out a struggling…
Continue Reading Business Court Gives Maggie Valley’s Ghost Town in the Sky More Time to Scare up Some InvestorsCharlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to Public
The City of Charlotte’s Gold Line Streetcar extension, that brought the system to a 4-mile, 17-stop line, opened to the public in August 2021. But disputes about its construction (and…
Continue Reading Charlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to PublicWhen discovery goes so off the rails that a court declares a party “has stalled the progress” of a case, prejudiced its opponent and “wasted judicial resources,” there’s little doubt…
Continue Reading When Discovery Goes Off Track, can a Pro Se Party Right the Course?Check your Receipts at Summary Judgment: Court Awards Attorney’s Fees Against Party that Pressed on with “Meritless” Claim After Close of Discovery
After a “hotly contested” four-year litigation that resulted in mutual, without prejudice dismissals, the plaintiff in Vitaform, Inc. v. Aeroflow, Inc., 2023 NCBC 76, said it would refile…
Continue Reading Check your Receipts at Summary Judgment: Court Awards Attorney’s Fees Against Party that Pressed on with “Meritless” Claim After Close of DiscoveryA Bitter Dish in the Dessert Industry: Company Pays Litigation Expenses for a Corporate Officer who Won Dismissal of Its Misappropriation Claims
PreGel America makes and distributes products used in the gelato, ice cream and pastry business. But it alleges a far less than sweet experience with its former CEO, who the…
Continue Reading A Bitter Dish in the Dessert Industry: Company Pays Litigation Expenses for a Corporate Officer who Won Dismissal of Its Misappropriation ClaimsA Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear It
When an amended complaint renders the arguments of a motion to dismiss moot, what effect does it have on the public’s ability to view the parties’ filings on the motion?
Continue Reading A Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear ItWhen Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court Explains
After a six-day jury trial including evidence of “no show” jobs, questionable “friends and family” payroll slots, and allegations of fraud and embezzlement, a Mecklenburg County jury returned a $3-million-plus…
Continue Reading When Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court ExplainsAbout this Blog
Business decisions should guide your business decisions.
Rulings issued by the North Carolina Business Court often reverberate beyond the litigants, affecting businesses throughout the state and region. Staying on top of these cases – as well as other appellate and federal court decisions – is essential for companies that need to anticipate and respond quickly to changes in the law.