Three managers of two LLCs found themselves up a creek without operating agreements. They couldn’t agree on the ownership shares of one of them, and two of the managers thought
Continue Reading Three’s a Crowd: More LLC Managers, Less Clarity
NC Business Court Relies on Political Question Doctrine in Dismissing Climate Change Lawsuit
The Town of Carrboro is a small place with big legal ambitions about combatting climate change. It’s been hard at work seeking to reduce its own carbon emissions, and reports
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Got an LOI that Extols Close Cooperation Among the Parties? Make Sure the Surviving Agreement Says it Too.
The journey from a Letter of Intent to a final agreement is often perilous, with the parties’ discussions and intentions wrangled by lawyers and company executives to memorialize deals with
Continue Reading Got an LOI that Extols Close Cooperation Among the Parties? Make Sure the Surviving Agreement Says it Too.
Delaware Supreme Court Upholds Major Rewrite of State’s Corporation Law
On February 27, the Delaware Supreme Court unanimously upheld the constitutionality of the state’s major revision to the Delaware General Corporation Law (DGCL) that fundamentally changed the rules for transactions
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Parties May Not Always Get Oral Argument on Business Court Motions, But It Doesn’t Hurt to Flag the Need for It
The Business Court’s docket is jammed full of disputes among entrepreneurs, joint venturers, and hopeful co-owners that go off the rails. Typically, counsel are along for each side to guide
Continue Reading Parties May Not Always Get Oral Argument on Business Court Motions, But It Doesn’t Hurt to Flag the Need for ItJudge Graham Shirley to Replace Retiring Business Court Judge A. Todd Brown
Judge A. Todd Brown has announced he will retire from the Business Court effective March 3, 2026. In a February 19, 2026 press release, Chief Justice Paul Newby announced
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Out-of-State Attorneys Have Room to Argue their Work for North Carolina Residents Does Not Create “Minimum Contacts”
Drue Moore was co-founder of a company at the center of today’s high-finance college coaching carousel. Defendant Winthrop Intelligence, LLC used public records to aggregate university data, including coaching salaries
Continue Reading Out-of-State Attorneys Have Room to Argue their Work for North Carolina Residents Does Not Create “Minimum Contacts”
Courts have Rods and Reels, But Don’t Make Them Fish for The Story
We focus a lot at the blog on ways in which the Business Court sets the boundaries for conduct of business within the State to provide a more settled landscape
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TikTok’s New Domestic Owners Still Face an Array of State Consumer Protection Claims Over Unfairly Targeting Minors
The war over TikTok has many battle lines. A Biden era law that would have banned TikTok as of January 1, 2025 if it didn’t find a U.S. owner for
Continue Reading TikTok’s New Domestic Owners Still Face an Array of State Consumer Protection Claims Over Unfairly Targeting Minors
Providing Investment Advisory Services in North Carolina May be a “Profession,” But Doesn’t Get Limitations Period for Professional Negligence Claims
Investment advisors defending fraud claims from a former client recently asked the Business Court to place them within the three-year statute of limitations applicable to those who provide professional services.
Continue Reading Providing Investment Advisory Services in North Carolina May be a “Profession,” But Doesn’t Get Limitations Period for Professional Negligence Claims