Recent Posts

Trade Secrets Cases in the NC Business Court: You Show Me Yours Before I'll Show You Mine
Posted on 22 Oct 2014 by Mack Sperling

There's a new roadblock for plaintiffs in the Business Court suing over trade secrets. It was imposed last week by Judge Bledsoe in DSM Dyneema, LLC v. Thagard , 2014 NCBC 50 , and it bars the plaintiff from proceeding with discovery until the trade... Read More

NCCOA: The Constitution Reins in the Uniform Enforcement of Foreign Judgments Act
Posted on 25 Jan 2013 by Mack Sperling

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... Read More

NC Court of Appeals Affirms Business Court Award of $1 Million in Fees to Class Counsel
Posted on 24 Sep 2015 by Mack Sperling

It seems like forever ago that the then venerable North Carolina institution, Wachovia Bank, failed and was acquired by Wells Fargo. (This was actually seven years ago). But just last week came what might be the final closure in the battle by the lawyers... Read More

Something That You Might Not Have Known About Injunctions
Posted on 26 Jun 2015 by Mack Sperling

I had always thought that you need to post a bond in order to obtain an injunction, both in federal and state court. It turns out that I was wrong. The federal rule seems to require a bond. It says: (c) Security . The court may issue a preliminary... Read More

Eighty Five Thousand Reasons Not to Represent an LLC Without the Approval of a Majority of the Members (and one Other Thing)
Posted on 13 Nov 2014 by Mack Sperling

Be sure that an LLC member has the authority to hire you before accepting the representation of the LLC in a suit by or against another LLC member. That authorization generally requires a majority of the interest of the members, at least under the default... Read More

When Law Firms Dissolve: Dividing Up The Proceeds From Contingent Fee Cases
Posted on 14 Mar 2013 by Mack Sperling

The Court 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.... Read More

Don't Try To Get A Retired Business Court Judge's Orders Changed Or Overruled By A Successor Business Court Judge
Posted on 11 Dec 2014 by Mack Sperling

When there is a change in the Business Court Judge handling your case, there is probably a natural reaction to try to get the new Judge to revisit rulings by the previous Judge which were unfavorable to your client. That effort is most likely to come... Read More

Williams Mullen Corporate Law Alert - North Carolina
Posted on 4 Aug 2011 by Williams Mullen

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... Read More

A "Proper" Party Isn't Necessarily A "Necessary" Party
Posted on 17 Dec 2014 by Mack Sperling

What is the difference between a "proper" party and a "necessary" party"? Judge McGuire spelled out the difference early this week in Cape Hatteras Electric Membership Corp. v. Stevenson , 2014 NCBC 62 [ an enhanced version of... Read More

Did It Need to Be in Writing?
Posted on 10 Aug 2015 by Mack Sperling

Surratt v. Brown , 2015 NCBC 72 , decided last week by the Business Court, involved an oral partnership to open and operate tattoo parlors throughout North Carolina [subscribers can access an enhanced version of this opinion: | Lexis Advance... Read More

Fourth Circuit on LLC Law and Fried Chicken and Waffles
Posted on 31 May 2013 by Mack Sperling

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 subscribers ]. The LLC and its members were suing... Read More

There's a Difference Between "Confidential and Proprietary Information" and a Trade Secret
Posted on 7 Jul 2015 by Mack Sperling

I can't remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October 2014? I don't think one... Read More

The Meaning of "Successors," "Members," and "Designees" in a Release
Posted on 23 Jul 2015 by Mack Sperling

The words "successors," "members," and "designees," as used in a Release were at issue in Judge Bledsoe's Opinion last week in TaiDoc Technology Corp. v. OK Biotech Co ., 2015 NCBC 71 [subscribers can access an enhanced... Read More

A Happy Dance For Plaintiffs Who Moot a Motion to Dismiss by Moving to Amend Their Complaint
Posted on 1 Sep 2015 by Mack Sperling

Maybe you've been in this situation before. You've moved to dismiss a complaint, have fully briefed your motion, and the defendant dances in on the day of the hearing on your motion and amends his complaint. And the defendant doesn't even... Read More

Interpreting the Right to Specific Performance in a Shareholder Buy-Sell Agreement
Posted on 22 May 2015 by Mack Sperling

I've never thought very hard about the remedy of specific performance. That means ordering a party to a contract to perform its contractual obligations. But the ability of the Court to order specific performance was front and center in the North... Read More