When Blackbeard’s flagship, the Queen Anne’s Revenge, was discovered off the North Carolina coast in 1996 after a decade of searching, whatever treasure might have been with it when
Continue Reading A Pirate’s Story, it Turns Out, is Worth its Weight in Gold
A party seeking to unseat a verdict by JNOV “bears a heavy burden under North Carolina law.” Only a “scintilla of evidence” is needed to support the elements of the
Continue Reading JNOV is a Tough Road, but it’s Not a One in a Million Shot
After a “hotly contested” four-year litigation that resulted in mutual, without prejudice dismissals, the plaintiff in Vitaform, Inc. v. Aeroflow, Inc., 2023 NCBC 76, said it would refile
Continue Reading Check your Receipts at Summary Judgment: Court Awards Attorney’s Fees Against Party that Pressed on with “Meritless” Claim After Close of Discovery
PreGel America makes and distributes products used in the gelato, ice cream and pastry business. But it alleges a far less than sweet experience with its former CEO, who the
Continue Reading A Bitter Dish in the Dessert Industry: Company Pays Litigation Expenses for a Corporate Officer who Won Dismissal of Its Misappropriation Claims
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 ForceAnother fall, another amazing CLE for complex business litigators across the State: The Mecklenburg County Bar’s 11th Annual North Carolina Business Court CLE will take place on October 20, 2023.
Continue Reading 11th Annual NC Business Court CLE is October 20, 2023
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