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.
Analysis of North Carolina Business Court Decisions (and other musings)
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.
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 It
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 Force
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 Within
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
The Business Court recently reminded that while there is great value to showing up and seeing what might happen at mediation, the costs of a decision to avoid the process…
Continue Reading A Mediation Isn’t Quite Hotel California, but Check Out Times are Still Strictly Regulated
In a litigator’s nightmare, when old wooden floors creak and the house speaks in sinister tones to its owner, it’s not: “Get Out!” that the lawyer hears. It’s: “Your Responses…
Continue Reading A Nightmare on CivPro Street: Unanswered Requests for Admission
After a six-day jury trial including evidence of “no show” jobs, questionable “friends and family” payroll slots, and allegations of fraud and embezzlement, a Mecklenburg County jury returned a $3-million-plus…
Continue Reading When Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court Explains
The Business Court regularly deals with disputes that arise from the financial challenges facing start-ups and the principals behind them. As our colleagues Ernie Badway and Josh Horn note, “The…
Continue Reading It’s Always About the Money : Regulating the “Finders” who Secure Financing for Start-ups
An employee trading places among industry competitors allegedly provided his new employer with bidding and pricing information so critical that the receiving company’s CEO thought it was a “gold mine”…
Continue Reading A Trade Secret Tale: When a “Gold Mine” is not Worth the Digging