This lawsuit involves breach of a confidential settlement agreement. In motion briefing, both sides relied on and filed the subject agreement. Both sides also filed (unopposed) motions to seal it.
Continue Reading No rubber stamps here. Judge Conrad denies a motion to seal.
“[T]ime waits for no one,” sage Rolling Stones advice from 1974, doesn’t appear in Black’s Law Dictionary or result in frequent opinion cites for Keith Richards and Mick Jagger, the
Continue Reading 19th Nervous Breakdown: on the Wrong Side of a Contractual Deadline, You Can’t Always Get What You Want
In the complex world of “cap and trade” emissions regimes, acquiring credits to offset a company’s pollution portfolio requires decision makers to see the forest for the trees. And sometimes
Continue Reading Seeing the Forest for the Trees, and Protecting it: a “Cap and Trade” Litigation Tale
A party trying to serve their pleading used FedEx, but not the right FedEx. Turns out there are a slew of similarly-named FedEx’s, but only certain ones are approved “designated
Continue Reading When Serving Pleadings by FedEx, Use the Right One.Jeff MacHarg and Alexandra Hirsch
Prevailing at summary judgment is rare. Prevailing when there are competing motions on the same issue (fraud) is even rarer. In this opinion
Continue Reading (Apparent) Litigation by Ambush is Not a Good Tactic in the Business Court
A letter or three per year, alerting of a data breach at a company with which you’ve interacted, is now par for the course. Hackers, and the companies whose data
Continue Reading Data Breach 101: a Curriculum Spoiler for NC College StudentsJeff MacHarg and Alexandra Hirsch
To secure a preliminary injunction, a party must present evidence of two things, and fast: (1) likelihood of success on the merits; and (2) irreparable
Continue Reading Denied! Judge Davis rejects a “half-hearted” approach to obtaining a preliminary injunctionBy Jeff MacHarg and Camryn Rohr.
Judge Conrad’s Final Judgment in Airtron, Inc. v. Bradley Allen Heinrich ends this years-long Chapter 75, trade secret case. No doubt, the plaintiff (Airtron)
Continue Reading No lawyer, no problem. Justice will still be served.
In a costly episode of Aaron Sorkin’s adage that “decisions are made by those who show up,” the majority shareholder in a pair of family-controlled oil and gas companies learned
Continue Reading Court Declines to Undo a Corporate Board’s Vote that a Disgruntled Shareholder Skipped
Sometimes a discovery molehill turns into a mountain (of documents) quicker than you can type the word warehouse.
Back in January, in North Carolina ex rel. Stein v. EIDP, Inc.
Continue Reading Discovery Molehills, Mountains, and a Climbing Guide from the NC Business Court