Business Court Probes Gray Areas Between “Control” and “Opportunity”
Mary Hartsell is a nurse practitioner who joined Mindpath Care Centers, North Carolina, PLLC in April 2001 as a member, minority interest holder, and employee. Mindpath provides mental and behavioral care in North Carolina, advertising itself with 15 locations across the…Continue Reading Who Holds an LLC’s “Cards”?
Half the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending Rule
“You are remembered for the rules you break.”
Gen. Douglas MacArthur
First, this is certainly…Continue Reading Half the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending Rule
If a court “throws the book” at steadfastly uncooperative litigants, did it really happen if…Continue Reading Do Sanctions Against AWOL Litigants Make a Sound When they Land?
Sex Toy Titan Sues Estate of Founder to Compel Redemption of Shares Whose Value May Exceed $60 Million
When Philip Harvey died in December 2021 he owned more than 400 shares of common…Continue Reading Sex Toy Titan Sues Estate of Founder to Compel Redemption of Shares Whose Value May Exceed $60 Million
By Jeff MacHarg and Sarah Traynor
A few months after successfully settling its lawsuit and obtaining a consent judgment against JUUL, the State of North Carolina doubled down, suing…Continue Reading Not all contacts are created equal: more PJ lessons from the Business Court.
On October 14, 2022, the Mecklenburg County Business Court CLE was back in person, with a full day of amazing presentations and, as is tradition, concluded with the panel of…Continue Reading 2022 Business Court CLE: What the Business Court Judges Want You to Know
“Cause I’m the taxman, yeah, I’m the taxman.”
Taxman, The Beatles (1966)
Wary of the old maxim about giving inches and losing miles, the North Carolina Department of Revenue…Continue Reading Yes, This Post is About Taxes, but There’s Bonus Content about The Beatles and Batman!
An intra-congregational dispute over control of church bank accounts led the Wakefield Missionary Baptist Church to a schism that forced out a senior pastor, saw church doors locked, and resulted…Continue Reading A Business Court Finds There is Little “Neutral” Ground in Disputes Over Church Business
Judicial Dissolution of a “Deadlocked” LLC in North Carolina is a Big Ask When There is Evidence of Even Limited Cooperation Among Members
Plaintiff Lee Norris and defendant James Schaafsma…Continue Reading When Finding a Corporate Stalemate is Like Searching for Bobby Fischer
NC Supreme Court Endorses Flexibility for Business Court in Determining “Fair Value” for Dissenting Shareholders
In 2017, British American Tobacco (BAT) purchased a North Carolina-based tobacco company, Reynolds American Inc., for $49 billion. The deal allowed BAT to acquire the 57.8% of Reynolds it…Continue Reading NC Supreme Court Endorses Flexibility for Business Court in Determining “Fair Value” for Dissenting Shareholders
Can an unlicensed general contractor enforce a construction contract in North Carolina? “No,” and as Judge Conrad explains, “[t]his is an unyielding rule.”
JCG & Associates, LLC vs. Disaster America…Continue Reading No License, No Contract, No Claim
When it comes to confidentiality designations, “Attorneys’ Eyes Only” (“AEO”) typically offers the most stringent level of “protection” for sensitive information disclosed during a case. No one except the attorneys…Continue Reading Confidential. To a point. The Business Court Takes On “Attorneys’ Eyes Only” Designations
NC Business Court Refuses to Strike a Most-Favored-Nation Clause Challenged as Hopelessly Vague by Pork Industry Titan
Hog Supplier Allowed Discovery to Prove Smithfield Foods Impermissibly Favored Other Vendors Despite Contract Clause
The paths that lead to the North Carolina Business Court are often paved with the…Continue Reading NC Business Court Refuses to Strike a Most-Favored-Nation Clause Challenged as Hopelessly Vague by Pork Industry Titan
About Our Practice
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.