When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third.
In Vitaform
Continue Reading An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say
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
“You are remembered for the rules you break.”
Gen. Douglas MacArthur
First, this is certainly true. Second, when it comes to the exacting nature of the rules for getting a
Continue Reading Half the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending Rule
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
On October 14, 2022, the Mecklenburg County Business Court CLE was back in person, with a full day of amazing presentations and, as is tradition, concluded with the panel of
Continue Reading 2022 Business Court CLE: What the Business Court Judges Want You to Know
“Cause I’m the taxman, yeah, I’m the taxman.”
Taxman, The Beatles (1966)
Wary of the old maxim about giving inches and losing miles, the North Carolina Department of Revenue
Continue Reading Yes, This Post is About Taxes, but There’s Bonus Content about The Beatles and Batman!
Plaintiff Lee Norris and defendant James Schaafsma
Continue Reading When Finding a Corporate Stalemate is Like Searching for Bobby Fischer
In 2017, British American Tobacco (BAT) purchased a North Carolina-based tobacco company, Reynolds American Inc., for $49 billion. The deal allowed BAT to acquire the 57.8% of Reynolds it
Continue Reading NC Supreme Court Endorses Flexibility for Business Court in Determining “Fair Value” for Dissenting Shareholders
What exactly is the “securities transaction” exception to a UDTP claim? As highlighted by the Business Court’s recent decision in Aym Technologies, LLC v. Scopia Capital Management, LPC et al.
Continue Reading The “Securities Transaction” Exception: A Potent Defense to UDTP Claims
At the NCBA’s annual Antitrust and Complex Business Disputes Section CLE last week, there was a panel segment of the North Carolina Business Court Judges. Fox Rothschild was there, and
Continue Reading Straight from the Source – Comments from the Business Court Judges