Just last year, in assessing the extent to which a director has a duty to oversee a corporation’s business affairs, the Business Court noted the “limited guidance” afforded by state
Continue Reading Corporate Director Duty to at Least “Try” to Carry Out Oversight Functions May Soon Extend to Company Officers
Business Court Probes Gray Areas Between “Control” and “Opportunity”
Mary Hartsell is a nurse practitioner who joined Mindpath Care Centers, North Carolina, PLLC in April 2001 as a member, minority
Continue Reading Who Holds an LLC’s “Cards”?
When Philip Harvey died in December 2021 he owned more than 400 shares of common capital stock in PHE, Inc., a Hillsborough, North Carolina-based business that sells sexual wellness
Continue Reading Sex Toy Titan Sues Estate of Founder to Compel Redemption of Shares Whose Value May Exceed $60 Million
Claims not Within Physician-Patient Relationship, Court says, but also are “Entwined with” and “Directly Tied” to Care
Charles McNew was injured in a fall at his home in June 2021
Continue Reading Patient’s Second “Injury” – Billing for Medical Care
The minority shareholders of a podiatry practice felt like they had been kicked around by the alleged financial misadventures of two colleagues who together controlled an 80 percent interest. A
Continue Reading Minority Shareholders can “Follow the Money” Linked To Alleged Diversions by Majority for Phantom Salaries and BenefitsDiscord within a faith community comes with all the challenges of a secular dispute, but carries with it the special responsibility that members of a congregation share in a collective
Continue Reading In a Church Divided, Secular Courts Have Limited Tools to Rejoin What a Congregation has Put Asunder
In March, the concept of nominal damages (often just a single dollar awarded to a plaintiff to represent a defendant’s liability in the absence of actual damages) took center stage
Continue Reading Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?
At Fifth and Church streets in uptown Charlotte, a group of investors opened the aptly named
Continue Reading When Judging Investment Options by the Numbers, Second Follows First, and Nothing Else
The Business Court sorted through the drama of an affiliated outsider who wanted to buy a company, settled for half and became an insider, and then allegedly used that perch
Continue Reading N.C. Business Court Declines to Adopt Rule that a Minority Shareholder Exercising “Actual Control” Could Have Fiduciary Duty to Other Shareholders.