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
A Charlotte area law firm alleged it struck a necessary, and rather ordinary, deal with departing partners to divide fees on contingent cases transitioning among firms based on time expended
Continue Reading In Planning a Law Firm Exit, Business Court Commends Attention to the Things that Go Unspoken
In one of many litigations to arise from alleged contamination at the Fayetteville Works chemical manufacturing plant, the Business Court recently decided that a “been there, done that” motion to
Continue Reading Episode 2: The One Where the Consent Order Didn’t Bring Much in the Way of Finality
By Jeff MacHarg and La-Deidre Matthews.
Every litigant wants their attorneys’ fees, but actually recovering them in North Carolina is rare. Fee recovery must be authorized by rule or
Continue Reading Prove it! Lessons learned from recent N.C. Business Court rulings on fee petitions.