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., 2021 NCBC 20B (N.C. Super. Ct. Mar. 31, 2021), it can be a potent defense against the UDTP claims we see litigated—perhaps too frequently—in
Straight from the Source – Comments from the Business Court Judges
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 here is our recap of what we heard and learned. As always, we strive to be accurate reporters, but this is not a verbatim recitation
For Hybrid Business-Legal Communications, Privilege Depends on the “Primary Purpose”
Jeff MacHarg & Ashley Barton Chandler
In this order from Buckley LLP v. Series 1 of Oxford Ins. Co. NC LLC, Chief Judge Bledsoe dealt with dueling motions to compel. Both sides claimed that their hybrid business-legal communications were privileged. After an exhaustive review – Judge Bledsoe concluded that both sides were right, and
For Timely Appeals from the Business Court, Keep the Calendar – and Geography – Close in Mind
In ALC Manufacturing, Inc., v. J. Streicher & Co., 2020 NCBC 55, the Business Court dispatched a case that started off with bad timing, and ended that way too. 
Plaintiff claimed defendant BBP Bandenia, PLC breached a settlement agreement under which it, and other parties, owed plaintiff $850,000. Plaintiff brought suit over non-payment,
A Counterclaim Bet You May Regret
Sometimes the Cards Must be Played
Out Even When the Table has Cooled
If the cards have been kind, often the better instinct is to cut and run before your luck changes. That was the plan in Aym Technologies, LLC v. Gene Rodgers, et al., (N.C. Super. Ct. March 19, 2020). The defendants got all
Another PJ Decision: SC employer was subject to PJ in employee’s NC WFH location. Compared to other PJ questions, this one seemed Easy.
If you have employees that work from home (WFH), you may be subject to PJ in their location.
During the last few months, the NC Supreme and Business Courts have answered some tricky PJ questions: Are pre-conflict contacts relevant? (Yes and Yes); Is a single contract with a NC resident always enough to
An “Introduction” in a Complaint: How Much Is Too Much?
Business Court Considers “Extraordinary” 5-Page Introductory Narrative
An “introduction” section in a complaint can set the stage for the case and the claims being asserted. It can forecast and outline the allegations in a way that makes the pleading more “reader-friendly.” And surely, kicking off with a compelling narrative engages the reader in a way
Chief Judge Bledsoe Further Extends Deadlines and Activities in NCBC Cases to 1 June 2020
This afternoon, Chief Judge Bledsoe issued a second Order – 14 April 2020 NCBC Order – applicable to all Business Court Actions extending case management and other deadlines and procedures to match those in Chief Justice Beasley’s 13 April 2020 S.Ct. Order.
In short, all case management deadlines for NCBC cases falling between 16
Once a Business Court Case, Always a Business Court Case
Business Court Retains Case Even After ‘Jurisdictional Hook’ Claim Is Dismissed.
We know that only certain types of claims can trigger Business Court jurisdiction. See N.C.G.S. 7A-45.4. But what happens when the claim that establishes jurisdiction—the ‘jurisdictional hook,’ if you will—is dismissed? Can the case still proceed in the Business Court? That question was
A Business Court Reminder: Pleading Around Facts Rarely Turns Out Well
Here at the blog, we love a well-crafted set of local rules as much as the next lawyer. (Yes, we hear you laughing; we’re the folks who recap decisions about business law instead of episodes of Watchmen or The Marvelous Mrs. Maisel. We enjoy them a lot more than the next, more normal, lawyer.)