North Carolina Judge Condemns 'Stinky Fees' Paid To Lawyers Suing Over Merger Transactions

In one of his final actions as a Business Court Judge, Judge Tennille threw down the gauntlet for lawyers representing class action plaintiffs who are seeking approval of settlements. Last week in Ward v. Lance, Inc. , Judge Tennille condemned what he called "stinky fees," which he said "just...

North Carolina State Bar Proposes New Formal Ethics Opinion

The intersection of technology and the rules of ethics continues to develop. The NC State Bar has proposed a new FEO ( 2012 Formal Ethics Opinion 5 ), which deals with the interesting question of the attorney-client privilege of an employee's emails to her personal lawyer that are on her employer's...

North Carolina Business Court Finds Defendant Waived Right To Compel Arbitration After Class Action Certified

You probably remember the earlier opinion in Elliott v. KB Home, Inc. , in which Judge Jolly certified a class action against the homebuilder KB Home over the improper installation of HardiePlank siding. Last week, the Business Court ruled in another opinion in the case ( 2012 NCBC 55 ) that KB Home...