By Jeff MacHarg and Camryn Rohr
To practitioners familiar with internal disputes involving closely held companies, the allegations in Lafayette Village Pub, LLC v. Burnham, 2025 NCBC 8, are
Continue Reading A(nother) Cautionary Tale on the Importance of Operating AgreementsOnly two months into 2025, and the Business Court has already denied two motions for leave to add claims to pierce the corporate veil. My fellow-Foxer, Brad Risinger reported here
Continue Reading Want to pierce the corporate veil? Plead facts, not just factors.
Ace Hardware was long advertised as “the place with the helpful hardware man,” but even well-stocked aisles of tools and DIY accessories have their limitations. In Pro-Tops, Inc. v. Yuriy
Continue Reading Ace is the Place for Many Things, but not Always for Proper Rule 4 Service
Each February, the North Carolina Administrative Office of the Courts publishes its Report on North Carolina Business Court. The Report includes data on case types, number of cases, pending
Continue Reading Productivity and Progress: Recap of the 2024 Business Court Report and Some Civics
Matthew Bagley worked for a claims adjustment firm in Louisiana as its claims manager for nearly three years before resigning to, allegedly, improperly compete against his former employer, M.D. Claims
Continue Reading A Corporate “One Man Band” Might be a Lonely Road, but the Company is Not Always a Puppet
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