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

Tags: North Carolina business court , Judge Gale , attorney-client privilege , Victor Stanley , E-Discovery , North Carolina , Mack Sperling , Litigation , electronic discovery , Blythe v. Bell , Inc. v. Creative Pipe

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

Tags: North Carolina business court , Mack Sperling , Litigation

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

Tags: malpractice , North Carolina business court , legal malpractice , Expert testimony , Mack Sperling , Litigation , professional negligence

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

Tags: North Carolina business court , Associates P.C. v. Charles Peed &amp , attorney fees , Mack Sperling , contingent fees , associates , Litigation , Crumley &amp

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

Tags: United States v. Gordon , Deyton v. Estate of Kenneth C. Waters , North Carolina business court , Jr. , Federal Right to Privacy Act of 1978 , North Carolina Financial Privacy Act , business litigation , Mack Sperling , Litigation