Mack Sperling

Mack Sperling

Brooks Pierce

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Business Court Dismisses Derivative Action Against Duke Energy

You might remember the derivative action filed against the board of directors of Duke Energy Corporation stemming from its 2012 merger with Progress Energy. It received a lot of publicity. The merger was concluded long ago,...more

5/5/2014 - Derivative Suit Duke Energy Krieger Mergers Severance Pay

Don't Sue A North Carolina Board Of Directors Over A Merger Without Reading This Case

Last week's Order in Gusinsky v. Flanders Corp., 2013 NCBC 46, should be required reading for lawyers thinking of suing the directors of a corporation in North Carolina over a merger transaction. It provides guidance on the...more

10/4/2013 - Board of Directors Derivative Suit Disclosure Requirements Fiduciary Duty Pleadings Professional Liability Shareholders

50% Shareholder Didn't Owe Fiduciary Duty To His 50% Co-Shareholder

This week's decision from the Business Court in Maurer v. Maurer, 2013 NCBC 44 is a continuation of the litigation between Jill Maurer and the company owned by her and her husband, which was the subject of three Business...more

8/28/2013 - Board of Directors Derivative Suit Divorce Fiduciary Duty Shareholders

Delaware Law On Derivative Actions And Fiduciary Duties

If you are a derivative action plaintiff, and you make a demand on an LLC to take action which is then considered and rejected, may you still pursue your claims? Judge Murphy answered that question, and others relating to...more

12/6/2012 - Derivative Suit Fiduciary Duty

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