Unfair & Deceptive Trade Practice

Hog Supplier Allowed Discovery to Prove Smithfield Foods Impermissibly Favored Other Vendors Despite Contract Clause

The paths that lead to the North Carolina Business Court are often paved with the broken hearts of business partners whose interests, and fortunes, have diverged. Often as not, the Court’s opinions survey the wreckage, identify factors that may have

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

In the Business Court,
Consider it Pole Vaulting

A familiar Business Court journey – former employees and alleged trade secret misappropriation – took a detour in Lowder Construction, Inc. v. Ronald Phillips, et al., 2020 NCBC 1, 2019 WL 91867 (N.C. Super. Ct. Jan. 8, 2020). See Order and Opinion. A departed employee counter-claimed

The Business Court tentatively waded back into its well-settled case law that tends to scold litigants who try to convert internal company disputes into unfair trade practice claims in Constr. Managers, Inc. v. Amory, 2019 NCBC 31, 2019 WL 2167311 (N.C. Super. Ct. May 17, 2019). In doing so, the Court denied much of

In a much-watched case, the Supreme Court affirmed the decision of the Business Court in Sykes v. Health Network Solutions. The case was being watched mostly for its analysis of pure, state-law antitrust claims, but the Court evenly divided on that issue, leaving the Business Court’s dismissal standing. In exchange for that disappointment, the