About the Court

North Carolina Business Court Seeks Full-Time, Permanent Law ClerkTenisha Jacobs Nominated to Serve on North Carolina Business CourtBlog Post of Significance - NCBC Goes Live with Notification System for Opinions and Orders of Significance

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

Arbitration

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

Attorney Fees

“As Is” Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court ConfirmsContingency DramaHello? Is it fees you’re looking for?

Business Court Designation

Business Court Amends Designation Procedure for Mandatory Complex Business CasesOnce a Business Court Case, Always a Business Court CaseMarshall at Sutter’s Sawmill

Civil Procedure

All that Glitters May Just be Yellow PaintBusiness Court Confirms the “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain a RaritySupreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?

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

Contract Breach

“As Is” Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court ConfirmsWhen Judging Investment Options by the Numbers, Second Follows First, and Nothing ElseScrutinizing With Particularity

Contract Formation

Not an Offer He Can't RefuseUnhappy CampersContract Now. Wine Later.

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

“As Is” Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court ConfirmsNo License, No Contract, No ClaimNC Business Court Refuses to Strike a Most-Favored-Nation Clause Challenged as Hopelessly Vague by Pork Industry Titan

Derivative Actions

When Finding a Corporate Stalemate is Like Searching for Bobby FischerOne 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

Discovery

Swapping Litigation Horses Midstream is a Treacherous CourseTo Thine Own Documents be TrueDiscovery Holes Can be Escaped, but First: Stop Digging

Dissolution

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

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

Expert Testimony

No Harm, No Foul

Fiduciary Duties

In a Church Divided, Secular Courts Have Limited Tools to Rejoin What a Congregation has Put AsunderSupreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?When Judging Investment Options by the Numbers, Second Follows First, and Nothing Else

First Amendment

A 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

Some Corporate Insiders Can Safely Throw Stones from Glass OfficesThe Trouble with TreblesTo Thine Own Documents be True

Illegal Contracts

Marshall at Sutter’s Sawmill

Inspection Rights

A Clubhouse ConundrumIn a Fight Over Corporate Inspection Rights, a Quick Kick Beats the Trick PlaySpecial Shareholder Meetings: Where the minutes are kept, but the time (for notice) is wasted

Intellectual Property

Business Court Confirms the “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain a RarityHow High is the Bar to Prove a Plaintiff’s Complaint is a Mere Sham?A Business Court Reminder: Pleading Around Facts Rarely Turns Out Well

Judge Bledsoe

When Finding a Corporate Stalemate is Like Searching for Bobby FischerNC Supreme Court Endorses Flexibility for Business Court in Determining “Fair Value” for Dissenting ShareholdersThe “Securities Transaction” Exception: A Potent Defense to UDTP Claims

Judge Conrad

A Business Court Finds There is Little "Neutral" Ground in Disputes Over Church BusinessNo License, No Contract, No ClaimConfidential. To a point.  The Business Court Takes On “Attorneys’ Eyes Only” Designations

Judge Davis

No Harm, No FoulOne Law Firm. Two Clients. Three Times the Complexity.

Judge Earp

“As Is” Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court ConfirmsBusiness Court Imposes Sanctions on Attorney-Litigant for Falsifying EvidenceSwapping Litigation Horses Midstream is a Treacherous Course

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

All that Glitters May Just be Yellow PaintTo Thine Own Documents be TrueA Clubhouse Conundrum

Judicial Estoppel

War of the Roses

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

Negligent Misrepresentation

Scrutinizing With ParticularityMarshall at Sutter’s Sawmill

Non-compete

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.

Personal Jurisdiction

All that Glitters May Just be Yellow PaintWhen it comes to PJ, KYC (Know Your Contractor) - or at least where they are headquartered.Another PJ Decision: SC employer was subject to PJ in employee’s NC WFH location. Compared to other PJ questions, this one seemed Easy.

Professional Responsibility

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

Sanctions

Business Court Imposes Sanctions on Attorney-Litigant for Falsifying EvidenceSwapping Litigation Horses Midstream is a Treacherous CourseDiscovery Holes Can be Escaped, but First: Stop Digging

Standing

Supreme Court Rules that Nominal Damages Can Be Quite Valuable…Maybe?Don't Fence Me In AgainDon't Fence Me In

Stay

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

Subject Matter Jurisdiction

Once a Business Court Case, Always a Business Court CaseMarshall at Sutter’s Sawmill

Tax

When It Pays to Be ScrappyThe Battle of the Deductions

Trade Secrets

Business Court Confirms the “Special” Cases Where State Law Claims “Arise Under” Federal Law Remain a RarityHow High is the Bar to Prove a Plaintiff’s Complaint is a Mere Sham?A Business Court Reminder: Pleading Around Facts Rarely Turns Out Well

Trademarks

Contract Now. Wine Later.

Uncategorized

Confidential. To a point.  The Business Court Takes On “Attorneys’ Eyes Only” DesignationsThe “Securities Transaction” Exception: A Potent Defense to UDTP ClaimsNC Court Rules Business Interruption Insurance Policies Cover Pandemic Losses

Unfair & Deceptive Trade Practice

Some Corporate Insiders Can Safely Throw Stones from Glass OfficesNo Harm, No FoulThe Trouble with Trebles

Unjust Enrichment

Unhappy Campers