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 TaleJeff 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
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
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
Maybe the third time is really only the charm in Baltimore. But at least sometimes a third shot at a sufficiently pled complaint in North Carolina can still carry
Continue Reading Third Time’s the Charm. Mostly.
In a litigator’s nightmare, when old wooden floors creak and the house speaks in sinister tones to its owner, it’s not: “Get Out!” that the lawyer hears. It’s: “Your Responses
Continue Reading A Nightmare on CivPro Street: Unanswered Requests for Admission
Adam Downing had a rather ordinary request under North Carolina corporate inspections law. As a shareholder in Cycle Holdings, Inc. he wanted to inspect financial and business records of Cycle
Continue Reading A Corporate Riddle: When are Three Director Seats on a Five-Member Board not a Majority?
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
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 Benefits
The Business Court’s Raleigh division is seeking a full-time Trial Court Research Assistant to work with Judge Mark A. Davis. Those blog readers who’d prefer front-line involvement to summaries and
Continue Reading Business Court Seeks “Permanent” Law Clerk in its Raleigh Division