About the Court

11th Annual NC Business Court CLE is October 20, 2023Have Car, Will Judge: The Story of a CourtHalf the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending Rule

Abuse of Process

Seven of One, Half a Dozen of the Other

Amended Pleadings

Business Court Confirms the “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain a RarityMarshall at Sutter’s Sawmill

Antitrust

NC Business Court Refuses to Strike a Most-Favored-Nation Clause Challenged as Hopelessly Vague by Pork Industry TitanSeven of One, Half a Dozen of the OtherSykes Affirmed - Healthcare Practitioners Take Note

Appeals

Business Court Rejects Effort to Eclipse Tax Credit Regime that Spurred NC Solar Farm BuildsNC Supreme Court Endorses Flexibility for Business Court in Determining “Fair Value” for Dissenting ShareholdersTo Thine Own Documents be True

Arbitration

N.C. Business Court Brings Clarity to Issues of ArbitrabilityWhen the (International) Shoe Doesn’t Fit

Attorney Fees

Prove it!  Lessons learned from recent N.C. Business Court rulings on fee petitions.  2022 Business Court CLE: What the Business Court Judges Want You to KnowCourt Sharply Limits Attorney Fee Award in Dispute Over Access to Corporate Records of Charlotte Country Club

Business Court Designation

Half the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending RuleBusiness Court Amends Designation Procedure for Mandatory Complex Business CasesOnce a Business Court Case, Always a Business Court Case

Business Judgment Rule

A Clubhouse ConundrumN.C. Business Court Declines to Adopt Rule that a Minority Shareholder Exercising "Actual Control" Could Have Fiduciary Duty to Other Shareholders.

Civil Procedure

A Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear ItA Nightmare on CivPro Street: Unanswered Requests for AdmissionWhen Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court Explains

Class Actions

N.C. Business Court Brings Clarity to Issues of Arbitrability

Closely Held Business

Derivative Claim Boots are Made for Walking, Business Court Says, but Only When an LLC Leaves Them on the Rack.N.C. Business Court Declines to Adopt Rule that a Minority Shareholder Exercising "Actual Control" Could Have Fiduciary Duty to Other Shareholders.Don't Fence Me In Again

Conflict of Interest

One Law Firm. Two Clients. Three Times the Complexity.Cross-Border Litigations Over Control of an LLC with an Unusual Twist: the Same Law Firm on Both Sides of the Battle

Conspiracy

Minority Shareholders can “Follow the Money” Linked To Alleged Diversions by Majority for Phantom Salaries and BenefitsN.C. Business Court Declines to Adopt Rule that a Minority Shareholder Exercising "Actual Control" Could Have Fiduciary Duty to Other Shareholders.

Contract Breach

When “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?Sex Toy Titan Sues Estate of Founder to Compel Redemption of Shares Whose Value May Exceed $60 MillionMinority Shareholders can “Follow the Money” Linked To Alleged Diversions by Majority for Phantom Salaries and Benefits

Contract Formation

Friends, Family, and Partnerships: a Litigation Tale as Old as TimeNot an Offer He Can't RefuseUnhappy Campers

Contract Interpretation

NC Business Court Refuses to Strike a Most-Favored-Nation Clause Challenged as Hopelessly Vague by Pork Industry TitanWhen the (International) Shoe Doesn’t FitLernaean Hydra

Contracts

Friends, Family, and Partnerships: a Litigation Tale as Old as TimeWhen “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?Sex Toy Titan Sues Estate of Founder to Compel Redemption of Shares Whose Value May Exceed $60 Million

Defenses

Love May Make a Subaru a Subaru, but Title is Still Required to Claim It.

Derivative Actions

Silence as to Some Facts in a Complaint can be GoldenWhen Finding a Corporate Stalemate is Like Searching for Bobby FischerOne Law Firm. Two Clients. Three Times the Complexity.

Discovery

2022 Business Court CLE: What the Business Court Judges Want You to KnowSwapping Litigation Horses Midstream is a Treacherous CourseTo Thine Own Documents be True

Disretionary Stay

When You're Reminded a Win May be Fleeting

Dissolution

When Finding a Corporate Stalemate is Like Searching for Bobby FischerDon't Fence Me InWar of the Roses

Economic Loss Rule

Sex Toy Titan Sues Estate of Founder to Compel Redemption of Shares Whose Value May Exceed $60 Million

Employment

When a Legally Protected Activity is in the Mist, but Not in the ComplaintEmployer Tip: Don't Forget to Re-Up Your Employment Agreements

Equitable Estoppel

Marshall at Sutter’s Sawmill

Estoppel

Marshall at Sutter’s SawmillWar of the Roses

Expert Testimony

An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No SayNo Harm, No Foul

Fiduciary Duties

When Employees Become Competitors, NC Business Court Keeps a Careful Watch on Disturbances in Marketplace ForceIn Planning a Law Firm Exit, Business Court Commends Attention to the Things that Go UnspokenCorporate Director Duty to at Least “Try” to Carry Out Oversight Functions May Soon Extend to Company Officers

First Amendment

A Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear ItA Business Court Finds There is Little "Neutral" Ground in Disputes Over Church BusinessIn a Church Divided, Secular Courts Have Limited Tools to Rejoin What a Congregation has Put Asunder

Fraud

In Planning a Law Firm Exit, Business Court Commends Attention to the Things that Go UnspokenCampsite Moments: Stars, S’Mores, and Statements of Material FactSome Corporate Insiders Can Safely Throw Stones from Glass Offices

Fraudulent Conveyance

Love May Make a Subaru a Subaru, but Title is Still Required to Claim It.

Fraudulent Misrepresentation

Marshall at Sutter’s Sawmill

Health Care

N.C. Business Court Affirms the Assignability of MedPay Benefits to Treating Hospitals and Reminds Litigants to Direct Appeals to the Proper CourtSykes Affirmed - Healthcare Practitioners Take Note

Illegal Contracts

Marshall at Sutter’s Sawmill

Inspection Rights

A Corporate Riddle: When are Three Director Seats on a Five-Member Board not a Majority?Court Sharply Limits Attorney Fee Award in Dispute Over Access to Corporate Records of Charlotte Country ClubA Clubhouse Conundrum

Intellectual Property

North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking WithinA Trade Secret Tale: When a “Gold Mine” is not Worth the DiggingAn Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say

Interlocutory Appeals

A Counterclaim Bet You May RegretWhen You're Reminded a Win May be Fleeting

JNOV

When Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court Explains

Judge Bledsoe

A Trade Secret Tale: When a “Gold Mine” is not Worth the DiggingBusiness Court Holds Clause Curbing Limitations Period Means Exactly What Contracting Parties Said it DidAn Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say

Judge Conrad

A Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear ItWhen Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court ExplainsBusiness Court Rejects Effort to Eclipse Tax Credit Regime that Spurred NC Solar Farm Builds

Judge Davis

A Nightmare on CivPro Street: Unanswered Requests for AdmissionA Corporate Riddle: When are Three Director Seats on a Five-Member Board not a Majority?Sex Toy Titan Sues Estate of Founder to Compel Redemption of Shares Whose Value May Exceed $60 Million

Judge Earp

When Employees Become Competitors, NC Business Court Keeps a Careful Watch on Disturbances in Marketplace ForceA Mediation Isn’t Quite Hotel California, but Check Out Times are Still Strictly RegulatedSilence as to Some Facts in a Complaint can be Golden

Judge Gale

Straight from the Source - Comments from the Business Court JudgesNC Supreme Court Modifies Crossclaim Guideposts in Affirming Business CourtAnother PJ Decision: Remember - PJ is a waivable defense...

Judge McGuire

Straight from the Source - Comments from the Business Court JudgesHow High is the Bar to Prove a Plaintiff’s Complaint is a Mere Sham?Once … Twice … Three times… You’re sanctioned.

Judge Robinson

In Planning a Law Firm Exit, Business Court Commends Attention to the Things that Go UnspokenEpisode 2: The One Where the Consent Order Didn't Bring Much in the Way of FinalityProve it!  Lessons learned from recent N.C. Business Court rulings on fee petitions.  

Judgment on the Pleadings

Can a Private Corporation Be Required to Produce Its “Public” Records?Love May Make a Subaru a Subaru, but Title is Still Required to Claim It.

Judicial Estoppel

War of the Roses

Mediation

A Mediation Isn’t Quite Hotel California, but Check Out Times are Still Strictly Regulated

Meiselman Duties

Don't Fence Me InWar of the Roses

Mergers

NC Supreme Court Endorses Flexibility for Business Court in Determining “Fair Value” for Dissenting ShareholdersWhen It’s Time for a Second Opinion

Misrepresentation

North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking WithinCampsite Moments: Stars, S’Mores, and Statements of Material FactScrutinizing With Particularity

Motion to Strike

A Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear ItAn “Introduction” in a Complaint: How Much Is Too Much?Marshall at Sutter’s Sawmill

Motions in Limine

An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say2022 Business Court CLE: What the Business Court Judges Want You to Know

Negligent Misrepresentation

North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking WithinScrutinizing With ParticularityMarshall at Sutter’s Sawmill

Non-compete

A Swan Song for Noncompete Clauses?A Worldwide Covenant not to Compete May Someday Merit a Preliminary Injunction, but it Won't Likely Come Soon in the N.C. Business Court.

Partnership Agreement

Business Court Rejects Effort to Eclipse Tax Credit Regime that Spurred NC Solar Farm BuildsFriends, Family, and Partnerships: a Litigation Tale as Old as TimeMarshall at Sutter’s Sawmill

Personal Jurisdiction

Not all contacts are created equal:  more PJ lessons from the Business Court. Investors in Wilmington Project Lose Bid to Sue Company that Solicited Their Investments through Marketing Efforts in ChinaVodka Maker's Hopes for Partnership with Duke University Land Something it Didn’t Seek: a Defendant’s Chair in a North Carolina Courtroom

Pierce Corporate Veil

War of the Roses

Professional Responsibility

One Law Firm. Two Clients. Three Times the Complexity.

Public Records

A Publicly Filed Court Document Does Make a Sound, Even if No One is Around to Hear ItNC Supreme Court Narrows What Counts as a “Public Record” Held by Private Entities with Extensive Government TiesBusiness Court Narrows How Public Records Act Applies to Entities with Government Ties

Receivership

2022 Business Court CLE: What the Business Court Judges Want You to Know

Retaliatory Employment Discrimination Act

When a Legally Protected Activity is in the Mist, but Not in the Complaint

Rule 41 Dismissal

Marshall at Sutter’s Sawmill

Sanctions

A Mediation Isn’t Quite Hotel California, but Check Out Times are Still Strictly RegulatedDo Sanctions Against AWOL Litigants Make a Sound When they Land?Business Court Imposes Sanctions on Attorney-Litigant for Falsifying Evidence

Service of Process

All that Glitters May Just be Yellow PaintLike When You Can't Hear a Mobile Call

Settlement Agreement

When “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?A Discovery Tale as Old as Time: Seek What You Really Want, or You May Never Find ItLernaean Hydra

Standing

Silence as to Some Facts in a Complaint can be GoldenSupreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?Don't Fence Me In Again

Start-ups

It's Always About the Money : Regulating the "Finders" who Secure Financing for Start-ups

Statute of Limitations

Silence as to Some Facts in a Complaint can be GoldenBusiness Court Holds Clause Curbing Limitations Period Means Exactly What Contracting Parties Said it DidEpisode 2: The One Where the Consent Order Didn't Bring Much in the Way of Finality

Stay

A Counterclaim Bet You May RegretWhen You're Reminded a Win May be Fleeting

Subject Matter Jurisdiction

Buyer Acquired Claims "of Any Kind,” Including Seller's Charge that its Own President's Misconduct Forced a Sale at Suppressed PriceOnce a Business Court Case, Always a Business Court CaseMarshall at Sutter’s Sawmill

Tax

Business Court Rejects Effort to Eclipse Tax Credit Regime that Spurred NC Solar Farm BuildsYes, This Post is About Taxes, but There’s Bonus Content about The Beatles and Batman!When It Pays to Be Scrappy

Trade Secrets

A Trade Secret Tale: When a “Gold Mine” is not Worth the DiggingAn Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No SayBusiness Court Confirms the “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain a Rarity

Trademarks

Contract Now. Wine Later.

Uncategorized

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” DesignationsThe “Securities Transaction” Exception: A Potent Defense to UDTP Claims

Unfair & Deceptive Trade Practice

When Employees Become Competitors, NC Business Court Keeps a Careful Watch on Disturbances in Marketplace ForceWhen Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court ExplainsWhen “Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service?

Unjust Enrichment

A Trade Secret Tale: When a “Gold Mine” is not Worth the DiggingUnhappy Campers

Wrongful Discharge

When a Legally Protected Activity is in the Mist, but Not in the Complaint