Corporate

Recent Posts

Don't Overplay Your Hand in the North Carolina Business Court
Posted on 10 Jul 2015 by Mack Sperling

When you last heard about London Leasing LLC v. Arcus , the Business Court had entered a default in March 2015 against two of the Defendants for what I called their "defiant and obnoxious conduct ." It then seemed like the Plaintiff was... Read More

Never Give Up? Never Surrender? Probably Bad Advice in the North Carolina Business Court
Posted on 24 Jan 2014 by Mack Sperling

Section 6-21.5 of the North Carolina General Statutes is the closest thing the State has to " loser pays ." It allows for the award of attorneys' fees to a prevailing party "if the court finds that there was a complete absence of a... Read More

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

Trade Secret Plaintiff Avoids Dismissal, Gets Discovery
Posted on 28 May 2015 by Mack Sperling

One of the most interesting Business Court decisions of last year was Judge Bledsoe's opinion in DSM Dyneema, LLC v. Thagard , 2014 NCBC 50 , in which he held that the Plaintiff, which was suing for misappropriation of trade secrets, was barred from... Read More

North Carolina Business Court Resolves Dispute Among Lawyers Over Division Of Class Action Fee Pie
Posted on 18 Jul 2011 by Mack Sperling

Yesterday, Judge Gale entered summary judgment against a North Carolina lawyer who claimed he was entitled to a greater share of a $3 million fee award to a group of plaintiffs' counsel in a series of settled class actions. The opinion was in the... 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

Two Things You Should Know If You Are Appealing a Preliminary Injunction on a Covenant Not to Compete
Posted on 7 Nov 2014 by Mack Sperling

If you are representing a client who has been subjected to an injunction enjoining him from violating a covenant not to compete, and you want to appeal, there are two things you ought to know. One is good for you, the other probably is not so good. They... Read More

Another Preliminary Injunction For Breach Of Fiduciary Duty
Posted on 19 Oct 2011 by Mack Sperling

For the second time in a space of two weeks, the North Carolina Business Court granted a motion for a preliminary injunction against an LLC member/manager as a result of breaches of fiduciary duty. The first case was GoRhinoGo, LLC v. Lewis , which... 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

An Important Tip on Appealing a Decision From the North Carolina Business Court
Posted on 29 Jul 2014 by Mack Sperling

The North Carolina Business Court is electronic. Paper copies of documents are not filed with the Business Court. So when you e-file a Notice of Appeal, is that sufficient for purposes of Rule 3 of the NC Rules of Appellate Procedure? Let's look... Read More

An Answer to a Million Dollar Question About Designating Cases to the NC Business Court
Posted on 12 Feb 2015 by Mack Sperling

This past Friday, I went to a seminar put on by the Antitrust and Complex Business Disputes Law Section of the North Carolina Bar Association in an almost successful effort to finish getting my required CLE hours for 2014. This seminar included presentations... 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

Business Court Resolves a Trio of Discovery Issues
Posted on 23 Sep 2014 by Mack Sperling

Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank . First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? Second, can you obtain (in... 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

Two Things You Should Know If You Are Appealing a Preliminary Injunction on a Covenant Not To Compete
Posted on 7 Nov 2014 by Doug Esten

If you are representing a client who has been subjected to an injunction enjoining him from violating a covenant not to compete, and you want to appeal, there are two things you ought to know. One is good for you, the other probably is not so good. They... Read More