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North Carolina Court of Appeals Upholds Arbitration Clauses in Consumer Agreements

The North Carolina Court of Appeals has recently enforced arbitration clauses in short-term “payday” loan contracts, requiring the borrowers to bring their claims in arbitration rather than in court. In doing so, the Court...more

4/4/2014 - Arbitration Agreements Class Action Class Action Arbitration Waivers Payday Loans

North Carolina Business Court Limits Unfair and Deceptive Trade Practice Claims Concerning Internal Corporate Matters

On January 28, 2014, the North Carolina Business Court dismissed an unfair and deceptive trade practice claim alleging that corporate directors structured the sale of a corporation in a manner that shortchanged its common...more

2/7/2014 - Preferred Shares Shareholder Litigation Shareholders UDAAP

Members of Nonprofit Corporations Can Bring Derivative Actions – But They May Have to Pay a Price

A recent decision by the North Carolina Court of Appeals serves as a reminder to North Carolina nonprofit corporations that their members can bring derivative actions on behalf of the nonprofit. But, if such actions are...more

1/29/2014 - Attorney's Fees Derivative Suit Non-Profits

North Carolina Supreme Court Addresses Duties of Corporate Directors

On November 8, 2013, the North Carolina Supreme Court issued a rare opinion addressing the duties of corporate directors and reaffirming that those duties are generally owed only to the corporation itself rather than the...more

12/20/2013 - Board of Directors Corporate Counsel Corporate Governance Derivative Suit Directors Fiduciary Duty Shareholders

North Carolina Business Court Holds that Shareholders Cannot Directly Sue Officers and Directors in Merger Challenge

A recent decision by the North Carolina Business Court potentially makes it more difficult for shareholders to challenge mergers and acquisitions in North Carolina. The Court held that an action against a company’s officers...more

11/27/2013 - Board of Directors Corporate Officers Derivative Suit Fiduciary Duty Mergers Professional Liability Shareholders

Smith Anderson Obtains Dismissal of Dodd-Frank Act “Say on Pay” Claims

In a groundbreaking new decision, the United States District Court for the Eastern District of North Carolina has dismissed “say on pay” claims against officers and directors of Dex One Corporation. Smith Anderson served as...more

10/1/2012 - Directors Dodd-Frank Executive Compensation Fiduciary Duty Motion to Dismiss Officers Pay-for-Performance Proxy Materials Say-on-Pay

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