Litigation

Recent Posts

In Landmark E-Discovery Decision For North Carolina, Judge Rules Attorney-Client Privilege Waived
Posted on 8 Aug 2012 by Mack Sperling

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... Read More

5 Reasons To Care About North Carolina Business Court Rulings
Posted on 30 Apr 2012 by Mack Sperling

The NC Court of Appeals said earlier this month in Browne v. Thompson [ enhanced version available to lexis.com subscribers ] that the decisions of the Business Court have "no precedential value." Being a big fan of the Business Court, that... Read More

You'd Better Have A Real Expert If You're Making A Malpractice Claim In N.C. Business Court
Posted on 3 Dec 2010 by Mack Sperling

The Business Court dismissed a legal malpractice claim right before Thanksgiving last week in Inland American Winston Hotels, Inc. v. Winston , 2010 NCBC 19 . Judge Tennille found Plaintiff's expert, a Duke Law School professor, to be incompetent... Read More

North Carolina Appeals Court Rules In Law Firms' Fight Over Contingent Fees
Posted on 27 Apr 2012 by Mack Sperling

There's invariably a fight between lawyers over the division of a fee when a lawyer who left the firm generates a fee at his new firm from a preexisting contingent fee relationship. There's at least one case of that type in the Business Court... Read More

Mack Sperling Updates 6 Cases In North Carolina Business Court
Posted on 14 Oct 2011 by Mack Sperling

Standing to Object to Subpoenas to Non-Party Banks In Deyton v. Estate of Kenneth C. Waters, Jr. , 2011 NCBC 34, Judge Gale ruled that a party to a lawsuit lacked standing to object to a subpoena sent by the opposing party to a non-party bank. The... Read More