As a still-young judicial panel, the Business Court frequently has an opportunity to define its boundaries in the face of challenges to its jurisdictional reach. In Inhold, LLC v. PureShield, Inc., 2021 NCBC 2, the Court considered a trade secret misappropriation fact pattern common to its docket: alleged informational theft and skullduggery among industry
Discovery Holes Can be Escaped, but First: Stop Digging
Discovery in a complex commercial case can feature its fair share of mayhem, particularly where it includes a large document production. Yet, where parties plan and execute information exchanges with reasonable diligence, the Business Court typically affords considerable latitude. That’s consistent with the ethic of the Court’s discovery rules – “designed for the parties to
A Discovery Tale as Old as Time: Seek What You Really Want, or You May Never Find It
Be careful what you wish for, lest it come true.
– drawn from The Old Man and Death, Aesop
In Brewer v. Grue, 2020 NCBC 59, Judge Conrad offers a helpful update to convert that traditional morality tale to the rough and tumble world of commercial litigation. With apologies to Aesop, and the
In a Fight Over Corporate Inspection Rights, a Quick Kick Beats the Trick Play
A group of mostly powerless Class B members in a utility services firm suspected its only Class A member of self-dealing, but their suspicions did not mate with corporate authority to do much about it. However, blessed with wide-ranging inspection and audit rights under an operating agreement, they pushed forward with requests to determine the
For Timely Appeals from the Business Court, Keep the Calendar – and Geography – Close in Mind
In ALC Manufacturing, Inc., v. J. Streicher & Co., 2020 NCBC 55, the Business Court dispatched a case that started off with bad timing, and ended that way too. 
Plaintiff claimed defendant BBP Bandenia, PLC breached a settlement agreement under which it, and other parties, owed plaintiff $850,000. Plaintiff brought suit over non-payment,
Business Court Narrows How Public Records Act Applies to Entities with Government Ties
North Carolina Railroad Company Ruled Outside of Disclosure Law Even though State is Sole Owner and Selects all Board Members
Does an entity 100% owned by the State of North Carolina – with all of its directors appointed by the state, and which admittedly works for the benefit of the state’s citizens – produce public
NC Supreme Court Modifies Crossclaim Guideposts in Affirming Business Court
Court also Addresses Res Judicata Effect of Prior DeclaratoryJudgment Rulings
The North Carolina Supreme Court recently affirmed a December 2018 Business Court ruling in Orlando Residence, Ltd. v. Alliance Hospitality Mgmt., LLC that clarified Rule 13 crossclaim principles, created new doctrine on issue and claim preclusion, and provided issue-spotting fodder for civil procedure professors whose
A Counterclaim Bet You May Regret
Sometimes the Cards Must be Played
Out Even When the Table has Cooled
If the cards have been kind, often the better instinct is to cut and run before your luck changes. That was the plan in Aym Technologies, LLC v. Gene Rodgers, et al., (N.C. Super. Ct. March 19, 2020). The defendants got all
When Judging Investment Options by the Numbers, Second Follows First, and Nothing Else
Business Court Confirms a Right
To Invest in a “Second” Project
Extends No Further
At Fifth and Church streets in uptown Charlotte, a group of investors opened the aptly named restaurant, 5Church. Other locations and restaurant brands followed, the fifth of which – Sophia’s Lounge – landed next door to the original location in an
Cross-Border Litigations Over Control of an LLC with an Unusual Twist: the Same Law Firm on Both Sides of the Battle
It’s not often that the rote listing of involved attorneys at the outset of a Business Court opinion gives much of a clue of what issues lie ahead. A curious exception is when the same party is listed as represented by counsel on both sides of the case. In Turner v. Hunt Hill Apartments, LLC