This lawsuit involves breach of a confidential settlement agreement. In motion briefing, both sides relied on and filed the subject agreement. Both sides also filed (unopposed) motions to seal it.
Continue Reading No rubber stamps here. Judge Conrad denies a motion to seal.Uncategorized
When Serving Pleadings by FedEx, Use the Right One.
A party trying to serve their pleading used FedEx, but not the right FedEx. Turns out there are a slew of similarly-named FedEx’s, but only certain ones are approved “designated…
Continue Reading When Serving Pleadings by FedEx, Use the Right One.(Apparent) Litigation by Ambush is Not a Good Tactic in the Business Court
Jeff MacHarg and Alexandra Hirsch
Prevailing at summary judgment is rare. Prevailing when there are competing motions on the same issue (fraud) is even rarer. In this opinion…
Continue Reading (Apparent) Litigation by Ambush is Not a Good Tactic in the Business CourtIt’s Always About the Money : Regulating the “Finders” who Secure Financing for Start-ups
The Business Court regularly deals with disputes that arise from the financial challenges facing start-ups and the principals behind them. As our colleagues Ernie Badway and Josh Horn note, “The…
Continue Reading It’s Always About the Money : Regulating the “Finders” who Secure Financing for Start-upsConfidential. To a point. The Business Court Takes On “Attorneys’ Eyes Only” Designations
When it comes to confidentiality designations, “Attorneys’ Eyes Only” (“AEO”) typically offers the most stringent level of “protection” for sensitive information disclosed during a case. No one except the attorneys…
Continue Reading Confidential. To a point. The Business Court Takes On “Attorneys’ Eyes Only” Designations
The “Securities Transaction” Exception: A Potent Defense to UDTP Claims
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
NC Court Rules Business Interruption Insurance Policies Cover Pandemic Losses
Back at the start of the pandemic, this Blog took a brief look at how the anticipated flood of business interruption insurance claims might play out under North Carolina Law: …
Continue Reading NC Court Rules Business Interruption Insurance Policies Cover Pandemic Losses
8th Annual Business Court CLE is October 23, 2020
8th Annual Business Court CLE is October 23, 2020.
Register here. In the past, this event has been held in a packed Mecklenburg…
Continue Reading 8th Annual Business Court CLE is October 23, 2020
And… Another PJ Decision (Still not that kind…): Pre-conflict contacts are relevant.
Q: Are pre-conflict NC contacts relevant?
A: Yes.
Q: What if they relate to a separate contract between the parties?
A: Yes. Still relevant.
In Button v. Level Four Orthotics …
Continue Reading And… Another PJ Decision (Still not that kind…): Pre-conflict contacts are relevant.
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…
Continue Reading An “Introduction” in a Complaint: How Much Is Too Much?