When it comes to confidentiality designations, “Attorneys’ Eyes Only” (“AEO”) typically offers the most stringent level of “protection” for sensitive information disclosed during a case. No one except the attorneys
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The “Securities Transaction” Exception: A Potent Defense to UDTP Claims
What exactly is the “securities transaction” exception to a UDTP claim? As highlighted by the Business Court’s recent decision in Aym Technologies, LLC v. Scopia Capital Management, LPC et al.…
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An “Introduction” in a Complaint: How Much Is Too Much?
Business Court Considers “Extraordinary” 5-Page Introductory Narrative
An “introduction” section in a complaint can set the stage for the case and the claims being asserted. It can forecast and outline…
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Once a Business Court Case, Always a Business Court Case
Business Court Retains Case Even After ‘Jurisdictional Hook’ Claim Is Dismissed.
We know that only certain types of claims can trigger Business Court jurisdiction. See N.C.G.S. 7A-45.4. But what…
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N.C. Business Court Brings Clarity to Issues of Arbitrability
Arbitration is supposed to be a less formal, more efficient way of resolving a dispute. More and more, though, we see certain threshold issues—like whether a dispute is ‘arbitrable’ in…
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Scrutinizing With Particularity
N.C. Business Court Digs into Pleading Requirements in Tossing Three Misrepresentation-Based Claims
A “failed deal” or contract often gives rise to claims for breach of contract, fraud, and/or negligent misrepresentation.
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When the (International) Shoe Doesn’t Fit
Business Court Holds North Carolina Arbitration and Choice-of-Law Provisions Insufficient to Exercise Personal Jurisdiction over England-Based Company
In Curvature, Inc. v. Cantel Computer Servs. Ltd., 2019 NCBC 47 (N.C.
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Can a Private Corporation Be Required to Produce Its “Public” Records?
N.C. Business Court Considers When a Private Company Can Be Deemed a State “Agency” for Purposes of the Public Records Act
In Southern Environmental Law Center v. Saylor et al.…
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When It’s Time for a Second Opinion
N.C. Business Court Addresses the Scope of a Judicial Appraisal Proceeding
In Reynolds American Inc. v. Third Motion Equities Master Fund Ltd. et al., 2019 NCBC 35 (N.C. Super.
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When It Pays to Be Scrappy
N.C. Business Court Grants (Partial) Victory to Scrap Metal ‘Manufacturers’
In N.C. Dep’t of Revenue v. Tri-State Scrap Metal, Inc. et al., 2019 NCBC 41 (N.C. Super. Ct. July…
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