Mack Sperling

Mack Sperling

Brooks Pierce

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Business Court (In Judge McGuire's First Opinion) Outlines The "Indispensable Requirements" For The Formation Of A Partnership

Well, newest Business Court Judge Gregory McGuire has gotten off to a running start with his first opinion, issued only about a week after his appointment to the Business Court by Governor McCrory. The case is La Familia...more

10/24/2014 - Business Formation Choice of Entity Partnerships Small Business Small Business Formation

Trade Secrets Cases In The NC Business Court: You Show Me Yours Before I'll Show You Mine

There's a new roadblock for plaintiffs in the Business Court suing over trade secrets. It was imposed last week by Judge Bledsoe in DSM Dyneema, LLC v. Thagard, 2014 NCBC 50, and it bars the plaintiff from proceeding with...more

10/23/2014 - Honeywell International Misappropriation Trade Secrets

The Interrogatory That Does Not Warrant An Objection Based On Privilege

There was enough worth talking about in Judge Bledsoe's opinion in National Financial Partners Corp. v. Ray, 2014 NCBC 49, which I posted about yesterday, to warrant a second post....more

10/17/2014 - Attorney-Client Privilege Interrogatories Work Product Privilege

Don't Throw The Kitchen Sink Of Defenses Into Your Answer

Say you are filing an Answer to a Complaint. NC Rule of Civil Procedure 8(c) lists a host of affirmative defenses you might raise. They are: accord and satisfaction, arbitration and award, assumption of risk,...more

10/16/2014 - Affirmative Defenses Litigation Strategies Pleadings

One Superior Court Judge Overruling Another?

You are all familiar with the old adage that "one Superior Court Judge cannot overrule another Superior Court Judge." But apparently there is at least a little bend in that rule, as illustrated by Judge Bledsoe's opinion...more

10/15/2014 - Depositions Interlocutory Orders Judges

Shake Up At The NC Business Court

Yesterday, Governor Pat McCrory announced that he has appointed Raleigh lawyer Greg McGuire as a Special Superior Court Judge for a term beginning October 13, 2014. The Governor's plan is to designate Judge McGuire as a...more

10/10/2014 - Business Court Division Judicial Appointments

Don't Let Yourself Get Ehrenhaused When Appealing From The NC Business Court

It's probably not too soon to verbify the Business Court's opinion in Ehrenhaus v. Baker, 2014 NCBC 30, decided a few months ago. If you missed that decision, know that you have to file your Notice of Appeal from a Business...more

10/9/2014 - Business Court Division Filing Requirements Notice of Appeal

You Aren't Entitled to "Original" Corporate Records When Making A Shareholder Inspection Request

When is the last time that you needed an "original" document for a trial? Maybe never. The Rules of Evidence permit the admissibility of "duplicates."...more

10/1/2014 - Evidence Inspections Shareholders

Business Court Resolves A Trio Of Discovery Issues

Three interesting discovery issues were resolved last week by Judge Bledsoe's Order in Gay v. Peoples Bank. First, can you obtain in discovery in a class action the fee arrangement between the plaintiff and his lawyers? ...more

9/23/2014 - Attorney's Fees Class Action Depositions Discovery Fee Agreements Protective Orders Witnesses Young Lawyers

Trade Secrets Claims Can Be Tough To Succeed On In The Business Court

If you want to pursue a trade secrets claim in the Business Court, you've got to disclose the details of your trade secret. The Opinion last week in Unimin Corp. v. Gallo, 2014 NCBC 43 illustrates that point in detail. ...more

9/17/2014 - Business Court Division Former Employee Public Disclosure Restrictive Covenants Trade Secrets

The Delaware Court Of Chancery Can See Forever On A Clear Day (Even To North Carolina)

I don't usually write about decisions from the Delaware Court of Chancery because it's rare for that Court to even mention North Carolina. But a decision by that Court this week -- in City of Providence v. First Citizens...more

9/15/2014 - Breach of Duty Bylaws Fiduciary Duty Forum Forum Selection Clause

Receiver Appointed To Oversee Sell-Off Of Corporation's Intellectual Property

When I wrote last week about Americana Development, Inc. v. Ebius Trading & Distributing Co., the Business Court had entered a TRO against the Defendants prohibiting them from disposing of the intellectual property of...more

9/11/2014 - Patent Transfers Patents Receivership Restraining Orders

You Win Some, You Lose Some: How Should A Request For Attorneys' Fees Be Ruled Upon?

Let's say that you've tried a case, you have lost on a few of your claims, but you won a couple of claims and have gotten a judgment for damages against the defendant for $25,000. You've billed your client $1,162,895 for...more

9/9/2014 - Attorney's Fees

Who Bears The Burden Of Proving Waiver Of Attorney-Client Privilege?

This week, in an Opinion in Safety Test & Equipment Co. v. American Safety Utility Corp., 2014 NCBC 40, Judge Gale made a significant ruling on which party bears the burden of proof in showing a waiver of the attorney-client...more

9/5/2014 - Attorney-Client Privilege Burden of Proof Waivers

When Winding Up A Corporation Don't Do This

I don't know any lawyers who specialize in winding up corporations, but if any of you are out there, you should read this post. It is important to remember, when winding up a corporation, that "principals and directors...more

9/3/2014 - Board of Directors Breach of Duty Fiduciary Duty Insolvency

The Motion You Probably Shouldn't Bother To Make In The Business Court (Or In Any Other Court)

I think I might have made a Motion for a More Definite Statement. If I did that, I did it only once, and I can't remember the result. Asking for a more definite statement is a rarely used litigation maneuver, allowed by...more

8/27/2014 - Rule 12 Motions Rules of Civil Procedure

Mark Your Calendar For October 1st For Changes To The Business Court

If you litigate cases in the NC Business Court, mark your calendar for October 1st. That's when the General Assembly's "modernization" of the Business Court is due to become effective. The bill containing these changes was...more

8/15/2014 - Business Court Division Rules of Civil Procedure

Can You Get A Ruling From A Superior Court Judge After Your Case Is Designated To The Business Court?

If you've been reading this blog for a while, you know that once a case is in the Business Court, it is in there forever, even if the issues that justified it being there in the first place are subsequently resolved. But when...more

8/13/2014 - Business Court Division Court Appearances Jurisdiction

An Important Tip On Appealing A Decision From The NC Business Court

The Business Court is electronic. Paper copies of documents are not filed with the Business Court. So when you e-file a Notice of Appeal, is that sufficient for purposes of Rule 3 of the NC Rules of Appellate Procedure?...more

7/21/2014 - Business Court Division E-Filing Notice of Appeal Rules of Civil Procedure

Pro Se Defendant Wins Trial On Breach Of Fiduciary Duty Claims In Business Court

When I was a young pup preparing to go to court against the uncommon adversary who was proceeding without a lawyer, I would joke that "I hope I don't lose." Luckily, I never did....more

7/9/2014 - Breach of Duty Fiduciary Duty Pro Se Litigants

Business Court Refuses To Admit University Of Maryland's Lawyers On A Pro Hac Basis

The lawsuit filed by the Atlantic Coast Conference against the University of Maryland continues to percolate in the North Carolina Business Court. But the University will have to proceed without its chosen attorneys, as the...more

7/7/2014 - Business Court Division Pro Hac Vice Universities

Welcome Judge Bledsoe To The NC Business Court

Charlotte attorney Louis A. Bledsoe, III has been appointed by Governor Pat McCrory as a Special Superior Court Judge, and NC Supreme Court Justice Sarah Parker has designated him as a Special Superior Court for Complex...more

7/3/2014 - Business Court Division Judges Judicial Appointments

Complying With The Rules Is Important In The Business Court

There's an ominous sounding sentence in a Business Court decision this week: A party practicing before the North Carolina Business Court should take the deadlines imposed by its orders and the rules of practice very...more

6/20/2014 - Deadlines Rules of Civil Procedure Summary Judgment

It Depends On The Meaning Of The Word "With"

The contractual interpretation issue before the Business Court in Schultheis v. Hatteras Capital Investment Management, LLC, 2014 NCBC 23, turned on the meaning of the word "with." Well, actually on the phrase "entering into...more

6/18/2014 - Contract Drafting Contract Interpretation Operating Agreements

Collateral Estoppel Sinks LLC Members' Claim

It might seem uncontroversial that the members of a limited liability company cannot follow with a personal lawsuit for injuries after their LLC litigates, and loses, claims based on the same issues. But it took the Business...more

6/11/2014 - Arbitration Collateral Estoppel Condominiums Construction Contracts Construction Disputes LLC Personal Liability

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