by David F. Paulson, Jr. & Miles S. Bruder*
Enforcing commercial contracts will likely become a
less-costly proposition in North Carolina this fall, thanks to a new exception
to the state's general ban on attorneys' fee awards to a prevailing party in
Revisions to the North Carolina Rules of Civil Procedure
became effective to actions filed on or after October 1, 2011. A blacklined
version showing the changes wrought by a law titled an "Act to
clarify the procedure for discovery of electronically stored information and to
In a classic understatement, Judge Gale said in a North Carolina Business Court opinion last Thursday that " North Carolina case law addressing problems inherent in electronic discovery. . .is not yet well developed ." Op. ¶50. But in Blythe v. Bell , 2012 NCBC 42, the Judge went ahead...
If you've been practicing law for more than a few years,
you've undoubtedly been asked to "domesticate" in North Carolina's
courts a judgment entered in another state. A pretty easy task you think,
covered by North Carolina's adoption of the Uniform Enforcement of Foreign...
of Appeals in February 2011 ordered Judge Jolly to dissolve Mitchell,
Brewer, Richardson, Adams, Burge & Boughman, a law firm organized as a
member-managed professional limited liability company. The dissolution
was ordered per N.C. Gen. Stat. § 57C-6-02 ,
which authorizes judicial...
Maybe you've wondered whether a claim for legal
malpractice can be assigned. Maybe you haven't. But yesterday, the North
Carolina Court of Appeals answered that question. In Revolutionary
Concepts, Inc. v. Clements Walker PLLC [ an enhanced version of this opinion is available to lexis.com...
A shareholder acting on behalf of a corporation may bring
a "derivative suit" against corporate directors and management for fraud ,
mismanagement, self-dealing or dishonesty. Before bringing such a suit, the
shareholder must make a written demand that clearly identifies the alleged
The Fourth Circuit doesn't get into matters of LLC law
very often, but it did last week in Painter's
Mill Grille, LLC v. Brown [ an enhanced version of this opinion is available to lexis.com
subscribers ]. The LLC and its members were suing their landlord for
discriminating against them on...