Mack Sperling

Mack Sperling

Brooks Pierce

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Be Very Careful If You Are Instructing Your Clients Not To Answer Questions At A Deposition

In an (unpublished) Order last week in Griggs v. Bittersweet Farms, LLC, Judge McGuire ruled that Plaintiffs' counsel's instruction to his client not to answer certain deposition questions was improper. He granted a Motion...more

8/4/2015 - Attorney's Fees Business Court Defense Strategies Depositions Federal Rules of Civil Procedure Motion to Compel Protective Orders

A Valuable Point From The NC Business Court On Subpoenas Without Depositions

Can you send a subpoena duces tecum -- which translated from Latin is "a writ commanding a person to produce in court certain designated documents or evidence " -- without coupling it with a deposition?...more

2/25/2015 - Depositions Discovery Document Requests Electronically Stored Information Subpoenas

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

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

Two Things To Avoid When Opposing A Motion For Summary Judgment

There aren't any great business law proclamations in Allran v. Branch Banking & Trust Corp., 2013 NCBC 41, decided late last week, but there a couple of procedural points that might help you avoid having summary judgment...more

8/6/2013 - Depositions Litigation Strategies Motion to Dismiss Summary Judgment

Subpoenas To Non-Parties: A Few Ground Rules

If you are in NC state court and want to take the deposition of an out-of-state non-party, the Order last week in Out of the Box Developers, LLC v. Logicbit Corp. carries a few lessons. Serving A Subpoena. You can't...more

3/6/2013 - Depositions Non-Parties Personal Jurisdiction Subpoenas

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