“[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 WantBradley M. Risinger
Seeing the Forest for the Trees, and Protecting it: a “Cap and Trade” Litigation Tale
In the complex world of “cap and trade” emissions regimes, acquiring credits to offset a company’s pollution portfolio requires decision makers to see the forest for the trees. And sometimes…
Continue Reading Seeing the Forest for the Trees, and Protecting it: a “Cap and Trade” Litigation TaleData Breach 101: a Curriculum Spoiler for NC College Students
A letter or three per year, alerting of a data breach at a company with which you’ve interacted, is now par for the course. Hackers, and the companies whose data…
Continue Reading Data Breach 101: a Curriculum Spoiler for NC College StudentsCourt Declines to Undo a Corporate Board’s Vote that a Disgruntled Shareholder Skipped
In a costly episode of Aaron Sorkin’s adage that “decisions are made by those who show up,” the majority shareholder in a pair of family-controlled oil and gas companies learned…
Continue Reading Court Declines to Undo a Corporate Board’s Vote that a Disgruntled Shareholder SkippedDiscovery Molehills, Mountains, and a Climbing Guide from the NC Business Court
Sometimes a discovery molehill turns into a mountain (of documents) quicker than you can type the word warehouse.
Back in January, in North Carolina ex rel. Stein v. EIDP, Inc.…
Continue Reading Discovery Molehills, Mountains, and a Climbing Guide from the NC Business CourtEven in an Olympic Year, a “Low Bar” for Intervening Parties can be a Major Hurdle
The road leading away from HCA Healthcare’s 2019 acquisition of the multi-campus Mission Health hospital system in Western North Carolina has been a bumpy ride. HCA has faced suit connected…
Continue Reading Even in an Olympic Year, a “Low Bar” for Intervening Parties can be a Major HurdleWide Access for Inspecting LLC’s Records has Narrow, but Crucial, Guideposts
As a matter of business hygiene, North Carolina’s records inspection statute is a bit of an information ATM. But the Business Court recently cautioned that a requester still has to…
Continue Reading Wide Access for Inspecting LLC’s Records has Narrow, but Crucial, GuidepostsA Tax(ing) Return: Sale of Prep Franchises Fails and Remaining Assets Come Back
In a dispute about tax preparation businesses that one member of Compass Tax Services LLC was selling to the entity, precious little was for certain. Even the parties’ agreement lacked…
Continue Reading A Tax(ing) Return: Sale of Prep Franchises Fails and Remaining Assets Come BackBusiness 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 InvestorsCourt Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents
More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the…
Continue Reading Court Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents