A group of mostly powerless Class B members in a utility services firm suspected its only Class A member of self-dealing, but their suspicions did not mate with corporate authority
Continue Reading In a Fight Over Corporate Inspection Rights, a Quick Kick Beats the Trick Play
Judge Conrad
When Judging Investment Options by the Numbers, Second Follows First, and Nothing Else
Business Court Confirms a Right
To Invest in a “Second” Project
Extends No Further
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
Cross-Border Litigations Over Control of an LLC with an Unusual Twist: the Same Law Firm on Both Sides of the Battle
It’s not often that the rote listing of involved attorneys at the outset of a Business Court opinion gives much of a clue of what issues lie ahead. A curious…
Continue Reading Cross-Border Litigations Over Control of an LLC with an Unusual Twist: the Same Law Firm on Both Sides of the Battle
Hello? Is it fees you’re looking for?
With Court “ordered” corporate record inspections, who pays for the fees? More often than not, shareholders have to pay their own attorneys’ fees.
In Bauk v. Piedmont Cheerwine Bottling Company, …
Continue Reading Hello? Is it fees you’re looking for?
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
Remnants of Hurricane Florence: Recovery Disasters that Follow the Natural Ones
Business Court examines personal jurisdiction over restoration company CEO
Hurricane Florence made landfall near Wrightsville Beach, North Carolina on September 14, 2018, and its slow-moving chaos brought more than 30…
Continue Reading Remnants of Hurricane Florence: Recovery Disasters that Follow the Natural Ones
N.C. Business Court’s Gatekeeping Analysis of Accounting Expert Testimony Excludes Opinions That Editorialize, and Introduce New Claims
The Business Court addressed the appropriate bounds for expert testimony proposed to establish damages, and perhaps to provide editorial guideposts for the jury, in W. Avalon Potts v. KEL, LLC, …
Continue Reading N.C. Business Court’s Gatekeeping Analysis of Accounting Expert Testimony Excludes Opinions That Editorialize, and Introduce New Claims
When the (International) Shoe Doesn’t Fit
Business Court Holds North Carolina Arbitration and Choice-of-Law Provisions Insufficient to Exercise Personal Jurisdiction over England-Based Company
In Curvature, Inc. v. Cantel Computer Servs. Ltd., 2019 NCBC 47 (N.C.
Continue Reading When the (International) Shoe Doesn’t Fit
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
Derivative Claim Boots are Made for Walking, Business Court Says, but Only When an LLC Leaves Them on the Rack.
Before you judge a man, walk a mile in his shoes. After that who cares? He’s a mile away and you’ve got his shoes!
-Billy Connolly, Scottish comedian, shoe sage.
Continue Reading Derivative Claim Boots are Made for Walking, Business Court Says, but Only When an LLC Leaves Them on the Rack.