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NC Supreme Court Reminds Court of Appeals That Typical Lender-Borrower Relationship is Not a Fiduciary One

The North Carolina Supreme Court recently reaffirmed that a run-of-the-mill lender and borrower are not fiduciaries, reversing the Court of Appeals decision that would have this issue to go to the jury. The case is Dallaire...more

7/18/2014 - Bank of America Borrowers Fiduciary Duty Lenders Refinancing UCC

Careful Measures May Be Needed to Protect Privileged Internal Investigative Materials

In March, the U.S. District Court of the District of Columbia ordered defense contractors Kellogg Brown and Root Inc. and Halliburton’s (“KBR”) legal department to produce internal investigative reports that KBR contended...more

5/27/2014 - Confidential Information Contractors Corporate Counsel Defense Contracts False Claims Act Federal Contractors Fraud Halliburton Internal Investigations Sarbanes-Oxley

The New Rule 37(e) Pushes Forward

The proposed revision of Rule 37(e), which recently cleared another hurdle in the rulemaking process, could dramatically limit the exposure companies face from spoliation claims. It may also go too far....more

4/9/2014 - Discovery Evidence Rule 37 Spoliation

Ten Years Later: NC Catches Up With Rule 702, Adopts Daubert and Bids Adieu to Howerton

In January, the North Carolina Court of Appeals decided State v. McGrady, in which it finally addressed the impact of the 2011 amendments to Rule 702. McGrady confirmed what many practitioners have believed for two and a...more

2/17/2014 - Amended Rule 702 Daubert Standards

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