At Least Make Sure You’re Still in the Water if you Must Try It
Sometimes, when discovery in a commercial case has been a mess, a party that imposes unusual
Continue Reading Swapping Litigation Horses Midstream is a Treacherous Course
To Thine Own Documents be True
Evidence a Party Controls, but Fails to Marshal at Trial, Falls Short of High Bar to Undo a Final Judgment Based on an Adversary’s Fraud
When a motion for reconsideration
Continue Reading To Thine Own Documents be True
Discovery Holes Can be Escaped, but First: Stop Digging
Discovery in a complex commercial case can feature its fair share of mayhem, particularly where it includes a large document production. Yet, where parties plan and execute information exchanges with
Continue Reading Discovery Holes Can be Escaped, but First: Stop Digging
A Discovery Tale as Old as Time: Seek What You Really Want, or You May Never Find It
Be careful what you wish for, lest it come true.
– drawn from The Old Man and Death, Aesop
In Brewer v. Grue, 2020 NCBC 59, Judge Conrad
Continue Reading A Discovery Tale as Old as Time: Seek What You Really Want, or You May Never Find It
For Hybrid Business-Legal Communications, Privilege Depends on the “Primary Purpose”
Jeff MacHarg & Ashley Barton Chandler
In this order from Buckley LLP v. Series 1 of Oxford Ins. Co. NC LLC, Chief Judge Bledsoe dealt with dueling motions to
Continue Reading For Hybrid Business-Legal Communications, Privilege Depends on the “Primary Purpose”
A Discovery Kick Hits “Pay Dirt” and Soccer Company Principals Face Sanctions
Business Court Turfs a
Long-Running Document
Production Dispute
In a dispute among the members of a dissolved soccer gear company, the Business Court flashed a “red card” on litigants who
Continue Reading A Discovery Kick Hits “Pay Dirt” and Soccer Company Principals Face Sanctions
What the Business Court Judges Want You to Know
Following up on my post from earlier this week, the Mecklenburg County Business Court CLE concluded on Friday with the panel of Judges, Chief Judge Bledsoe, Judge McGuire,
Continue Reading What the Business Court Judges Want You to Know
A New Frontier for Sanctions
Business Court Sanctions Party for Discovery Misconduct and Awards Forensic Examination
It started out like a typical Business Court case: a company filed suit against its former employees (and their
Continue Reading A New Frontier for Sanctions