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 Hurdle
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, Guideposts
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 Back
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 Investors
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
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 Public
It turns out there is something more difficult than the financing and development of a luxury retirement community, the long life of which spanned from its initial municipal approval in
Continue Reading A Recipe for Rule 12(b) Failure: Unsavory Complexity, a Pinch of Confusion, and an Overflowing Cup of Acronyms
When 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?
A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants
Continue Reading A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal
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 Control