Three managers of two LLCs found themselves up a creek without operating agreements. They couldn’t agree on the ownership shares of one of them, and two of the managers thought
Continue Reading Three’s a Crowd: More LLC Managers, Less Clarity
NC Business Court Relies on Political Question Doctrine in Dismissing Climate Change Lawsuit
The Town of Carrboro is a small place with big legal ambitions about combatting climate change. It’s been hard at work seeking to reduce its own carbon emissions, and reports
Continue Reading NC Business Court Relies on Political Question Doctrine in Dismissing Climate Change LawsuitTwo business court rulings offer insights on trade secret pleadings, employment agreements, and credibility
By Jeff MacHarg and Camryn Rohr.
Maven Advantage, Inc. and Square One Storm Restoration, LLC are competing roofing businesses. Maven alleged that two employees (Couch and Daniels) stole Maven’s
Continue Reading Two business court rulings offer insights on trade secret pleadings, employment agreements, and credibility
Business Court Assesses Duties to Protect Patient Information Shared Through Electronic Portals
A Durham County class action asks whether “My Chart,” a widely used portal that medical providers use to communicate with patients about test results, conditions, and treatments should more aptly
Continue Reading Business Court Assesses Duties to Protect Patient Information Shared Through Electronic PortalsA(nother) Cautionary Tale on the Importance of Operating Agreements
By Jeff MacHarg and Camryn Rohr
To practitioners familiar with internal disputes involving closely held companies, the allegations in Lafayette Village Pub, LLC v. Burnham, 2025 NCBC 8, are
Continue Reading A(nother) Cautionary Tale on the Importance of Operating AgreementsProductivity and Progress: Recap of the 2024 Business Court Report and Some Civics
Each February, the North Carolina Administrative Office of the Courts publishes its Report on North Carolina Business Court. The Report includes data on case types, number of cases, pending
Continue Reading Productivity and Progress: Recap of the 2024 Business Court Report and Some Civics
Seeing the Forest for the Trees, and Protecting it: a “Cap and Trade” Litigation Tale
In the complex world of “cap and trade” emissions regimes, acquiring credits to offset a company’s pollution portfolio requires decision makers to see the forest for the trees. And sometimes
Continue Reading Seeing the Forest for the Trees, and Protecting it: a “Cap and Trade” Litigation TaleDenied! Judge Davis rejects a “half-hearted” approach to obtaining a preliminary injunction
Jeff MacHarg and Alexandra Hirsch
To secure a preliminary injunction, a party must present evidence of two things, and fast: (1) likelihood of success on the merits; and (2) irreparable
Continue Reading Denied! Judge Davis rejects a “half-hearted” approach to obtaining a preliminary injunction
Court Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents
More than 500 sequentially accessed files downloaded to a personal thumb drive, and a description in a verified complaint of the purported confidential information and trade secrets implicated, were the
Continue Reading Court Looks Closely, but Sees no Whistleblower Story to Support Fired Employee’s Download of Key Documents
A Recipe for Rule 12(b) Failure: Unsavory Complexity, a Pinch of Confusion, and an Overflowing Cup of Acronyms
It turns out there is something more difficult than the financing and development of a luxury retirement community, the long life of which spanned from its initial municipal approval in
Continue Reading A Recipe for Rule 12(b) Failure: Unsavory Complexity, a Pinch of Confusion, and an Overflowing Cup of Acronyms