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It’s Just Business

Analysis of North Carolina Business Court Decisions (and other musings)

Discovery

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Swapping Litigation Horses Midstream is a Treacherous Course

By Bradley M. Risinger on December 13, 2021

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

Posted in Discovery, Judge Earp, Sanctions

To Thine Own Documents be True

By Bradley M. Risinger on September 7, 2021

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

Posted in Appeals, Discovery, Fraud, Judge Robinson

Discovery Holes Can be Escaped, but First: Stop Digging

By Bradley M. Risinger on March 28, 2021
Digging hole

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

Posted in Discovery, Judge Conrad, Sanctions

A Discovery Tale as Old as Time: Seek What You Really Want, or You May Never Find It

By Bradley M. Risinger on December 30, 2020

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

Posted in Discovery, Judge Conrad, Settlement Agreement

For Hybrid Business-Legal Communications, Privilege Depends on the “Primary Purpose”

By Jeffrey P. MacHarg on December 14, 2020

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”

Posted in Discovery, Judge Bledsoe

A Discovery Kick Hits “Pay Dirt” and Soccer Company Principals Face Sanctions

By Bradley M. Risinger on January 29, 2020

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

Posted in Discovery, Judge Conrad, Sanctions
23724528 - close-up of male judge in front of mallet holding documents

What the Business Court Judges Want You to Know

By Patrick M. Kane on October 30, 2019

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

Posted in About the Court, Discovery, Judge Bledsoe, Judge Conrad, Judge McGuire, Judge Robinson, Trade Secrets

A New Frontier for Sanctions

By Kip D. Nelson on July 1, 2019

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

Posted in Attorney Fees, Discovery, Judge Bledsoe, Sanctions

It’s Just Business

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