The Business Court’s docket is jammed full of disputes among entrepreneurs, joint venturers, and hopeful co-owners that go off the rails. Typically, counsel are along for each side to guide
Continue Reading Parties May Not Always Get Oral Argument on Business Court Motions, But It Doesn’t Hurt to Flag the Need for It
Investment advisors defending fraud claims from a former client recently asked the Business Court to place them within the three-year statute of limitations applicable to those who provide professional services.
Continue Reading Providing Investment Advisory Services in North Carolina May be a “Profession,” But Doesn’t Get Limitations Period for Professional Negligence Claims
Wolfspeed, a Durham-based silicon carbide semiconductor business, has plenty on its plate these days amid media reports of an impending bankruptcy reorganization. While such a filing would be aimed
Continue Reading Wolfspeed, Durham-Based Semiconductor Producer, Fighting Financial Peril in the Market and Employee Exits in the Courts
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
A letter or three per year, alerting of a data breach at a company with which you’ve interacted, is now par for the course. Hackers, and the companies whose data
Continue Reading Data Breach 101: a Curriculum Spoiler for NC College Students
In a costly episode of Aaron Sorkin’s adage that “decisions are made by those who show up,” the majority shareholder in a pair of family-controlled oil and gas companies learned
Continue Reading Court Declines to Undo a Corporate Board’s Vote that a Disgruntled Shareholder Skipped
Sometimes a discovery molehill turns into a mountain (of documents) quicker than you can type the word warehouse.
Back in January, in North Carolina ex rel. Stein v. EIDP, Inc.
Continue Reading Discovery Molehills, Mountains, and a Climbing Guide from the NC Business Court
In a dispute about tax preparation businesses that one member of Compass Tax Services LLC was selling to the entity, precious little was for certain. Even the parties’ agreement lacked
Continue Reading A Tax(ing) Return: Sale of Prep Franchises Fails and Remaining Assets Come Back
A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured human milk suffered a rather pedestrian fate given the important technological stakes. The counterclaim defendants
Continue Reading A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal
A party seeking to unseat a verdict by JNOV “bears a heavy burden under North Carolina law.” Only a “scintilla of evidence” is needed to support the elements of the
Continue Reading JNOV is a Tough Road, but it’s Not a One in a Million Shot