Recent Posts

Stop Asking the Business Court to Overrule an Order of Another Business Court Judge
Posted on 3 Mar 2015 by Mack Sperling

I don't know why lawyers keep trying to get Business Court Judges to overrule decisions by one of their predecessors. It is just not going to happen, as illustrated (yet again) by Judge Bledsoe's decision in County of Catawba v. Frye Regional... Read More

Rule 11 Sanctions (Again!) from the NC Business Court
Posted on 4 Nov 2015 by Mack Sperling

This month, for the second time in the last two months, Judge McGuire of the NC Business Court entered Rule 11 sanctions against a party whose attorney relied on inaccurate information from the client in making claims against the opposing party. This... Read More

The NC Supreme Court Speaks on Fiduciary Duty and Piercing the Corporate Veil
Posted on 20 Nov 2013 by Mack Sperling

The best lines in Green v. Freeman , decided last week by the NC Supreme Court, are that "[t]he doctrine of piercing the corporate veil is not a theory of liability [ an enhanced version of this opinion is available to subscribers ]. Rather... Read More

Minority Shareholder Owed No Fiduciary Duty To Other Shareholders In Merger Transaction
Posted on 19 Aug 2015 by Mack Sperling

Judge Gale's decision earlier this month in Corwin v. British American Tobacco PLC , 2015 NCBC 74 dismissed all of the claims of the Plaintiff class [subscribers can access an enhanced version of this opinion: | Lexis Advance ]. If the name... Read More

An Interesting Trade Secrets Case from the North Carolina Business Court
Posted on 14 May 2015 by Mack Sperling

If you were unsure whether customer information held by your client -- like customer contact information, sales reports, prices and terms books, sales memos, sales training manuals, commission reports, and vendor information -- can be considered a "trade... Read More

New Cases In The North Carolina Business Court: October 2010
Posted on 4 Nov 2010 by Mack Sperling

From April 2009 through January 2010, I did a post at the beginning of each month on the new cases designated to the Business Court during the prior month. That's been missing during my hiatus, without any outcry, but I am now resuming that service... Read More

North Carolina Court Of Appeals: Bright Stars and Letters of Credit
Posted on 24 Feb 2011 by Mack Sperling

The Court of Appeals on Tuesday of last week, in Speedway Motorsports Int'l Ltd. v. Bronwen Energy Trading, Ltd., [ subscribers may access the enhanced version of this opinion ] unwound a year old decision by the Business Court . In that... Read More

The Business Court's First Opinion in 2011
Posted on 10 Jan 2011 by Mack Sperling

I have been puzzling for the last three days on what to write about the Business Court's first opinion of the year, in Technocomm Business Systems, Inc. v. North Carolina Department of Revenue , 2011 NCBC 1. It involves an opinion about the sales... Read More

NC Business Court on a Barely Ever-Referenced Rule of Civil Procedure and a Host of Employment-Related Claims
Posted on 8 Apr 2015 by Mack Sperling

There are undoubtedly many of the Rules of Civil Procedure that you remember by number. Certainly Rules 12, 56, and 65. But Rule 10(b)? What does that even say? If you are reaching for your Rulebook, put it away. Rule 10 is titled "Form of Pleadings... Read More

North Carolina Business Court Sifts Through Warranty Claims Based on Asset Purchase Agreement
Posted on 4 May 2011 by Mack Sperling

The Business Court yesterday sifted through cross motions for summary judgment brought by the seller and buyer of a business selling "power protection devices used primarily to control power surges and to provide power filtration in high volume... Read More

The NC Business Court Rules on Recovering Attorneys' Fees in a Derivative Action Against an LLC
Posted on 14 Nov 2014 by Mack Sperling

In this week's opinion in Ekren v. K&E Real Estate Investments , 2014 NCBC 56 , Judge Bledsoe outlined how a derivative action plaintiff can recover attorneys' fees [ an enhanced version of this opinion is available to subscribers... Read More

A Million Dollars in Fees for Class Counsel in Wachovia/Wells Fargo Merger Lawsuit
Posted on 17 Apr 2014 by Mack Sperling

When I first looked at Judge Murphy's (unpublished) Order in Ehrenhaus v. Baker earlier this month awarding attorneys' fees to the class action attorneys who sued Wachovia and Wells Fargo over their merger in 2008, I was disappointed, though the... Read More

Work Product Protection For Communications Between Lawyers And Expert Witnesses Coming Next Month Under Revised Federal Rules of Civil Procedure
Posted on 4 Nov 2010 by Mack Sperling

Until December 10, 2010, lawyers need to remain aware that, in cases pending in federal court their communications with their retained expert witnesses and any draft reports prepared by the expert are likely to be discoverable based on a request from... Read More

NC Business Court Awards Rule 11 Sanctions For Baseless Fiduciary Duty Claim
Posted on 24 Aug 2015 by Mack Sperling

It is probably a good idea for a corporation to avoid making fiduciary duty claims against its employees (unless they are also officers and directors). Clients (or their lawyers) who insist on making such claims are liable to be assessed with the attorneys'... Read More

It Can Be a Tough Road for Trade Secrets Plaintiffs in the NC Business Court
Posted on 29 Oct 2015 by Mack Sperling

If you are a regular reader of this blog, you know that litigating a trade secrets case in the Business Court can be tough. Last year, the Court barred a plaintiff from engaging in any discovery at all until it identified its allegedly misappropriated... Read More