So-called “new wave” stockholder agreements that purport to meaningfully limit a board’s authority to manage a corporation got a recent stern look from the Delaware Court of Chancery in West
Continue Reading When a “New-Wave” Stockholder Agreement Crashes into the Statutory Wall of a Board’s Corporate ControlBradley M. Risinger
A Pirate’s Story, it Turns Out, is Worth its Weight in Gold
When Blackbeard’s flagship, the Queen Anne’s Revenge, was discovered off the North Carolina coast in 1996 after a decade of searching, whatever treasure might have been with it when…
Continue Reading A Pirate’s Story, it Turns Out, is Worth its Weight in GoldJNOV is a Tough Road, but it’s Not a One in a Million Shot
A party seeking to unseat a verdict by JNOV “bears a heavy burden under North Carolina law.” Only a “scintilla of evidence” is needed to support the elements of the…
Continue Reading JNOV is a Tough Road, but it’s Not a One in a Million ShotCheck 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 ClaimsThird Time’s the Charm. Mostly.
Maybe the third time is really only the charm in Baltimore. But at least sometimes a third shot at a sufficiently pled complaint in North Carolina can still carry…
Continue Reading Third Time’s the Charm. Mostly.A 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 Employees Become Competitors, NC Business Court Keeps a Careful Watch on Disturbances in Marketplace Force
Joshua Langley worked for Autocraft, Inc. for more than five years and rose to have wide access to its business affairs and “substantial responsibility for its overall operations.” While still…
Continue Reading When Employees Become Competitors, NC Business Court Keeps a Careful Watch on Disturbances in Marketplace ForceNorth Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking Within
If a company contracts to acquire software which it then licenses to a third party as a component of a lucrative service package, did it “sell” the software? In Value…
Continue Reading North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking WithinIn Planning a Law Firm Exit, Business Court Commends Attention to the Things that Go Unspoken
A Charlotte area law firm alleged it struck a necessary, and rather ordinary, deal with departing partners to divide fees on contingent cases transitioning among firms based on time expended…
Continue Reading In Planning a Law Firm Exit, Business Court Commends Attention to the Things that Go Unspoken