In one of many litigations to arise from alleged contamination at the Fayetteville Works chemical manufacturing plant, the Business Court recently decided that a “been there, done that” motion to
Continue Reading Episode 2: The One Where the Consent Order Didn’t Bring Much in the Way of Finality
The NC Department of Revenue sought to throw some shade at the financing regimes through which solar farm and other renewable energy projects are built by challenging the flow of
Continue Reading Business Court Rejects Effort to Eclipse Tax Credit Regime that Spurred NC Solar Farm Builds
When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third.
In Vitaform
Continue Reading An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say
“Ray Reason, along with his aunt and uncle, decided to go into business with Gerald Barfield, a family friend who was a real estate developer.”
When that’s a line in
Continue Reading Friends, Family, and Partnerships: a Litigation Tale as Old as Time
Adam Downing had a rather ordinary request under North Carolina corporate inspections law. As a shareholder in Cycle Holdings, Inc. he wanted to inspect financial and business records of Cycle
Continue Reading A Corporate Riddle: When are Three Director Seats on a Five-Member Board not a Majority?
The Palmetto Medical Group had a “messy divorce.”
Palmetto’s three physicians had settled into “mutual distrust” and got a good distance down the road toward separation by negotiating a Practice
Continue Reading When “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?
Just last year, in assessing the extent to which a director has a duty to oversee a corporation’s business affairs, the Business Court noted the “limited guidance” afforded by state
Continue Reading Corporate Director Duty to at Least “Try” to Carry Out Oversight Functions May Soon Extend to Company Officers
If the Federal Trade Commission has its way, litigation fights like the one between IQVIA, Inc. and Circuit Clinical Solutions, Inc. over the job switch of executive Dana Edwards will
Continue Reading A Swan Song for Noncompete Clauses?
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
Continue Reading Who Holds an LLC’s “Cards”?
“You are remembered for the rules you break.”
Gen. Douglas MacArthur
First, this is certainly true. Second, when it comes to the exacting nature of the rules for getting a
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