News & Analysis as of

Business Court Division

These Class Action Lawyers Made Their Fees The Old-Fashioned Way. They Earned Them!

by Brooks Pierce on

It's not very often that I see a fee application in a settled class action in the Business Court that doesn't strike me as requesting approval of an overpayment for a less than successful result. Those are most often in the...more

Is There A "Secret Rule" In The NC Business Court Regarding Motions To Compel?

by Brooks Pierce on

Thinking of filing a Motion to Compel in the NC Business Court? You might want to file it before the close of the discovery period, even though there is no Business Court Rule establishing a deadline for doing so....more

It Doesn't Take Magic Words To Revoke An Offer

by Brooks Pierce on

The lawyers in Baker v. Bowden, 2017 NCBC 30, decided this week by Judge Robinson, were negotiating a settlement agreement by email. The Plaintiff thought that it had a deal. ...more

Round-up of litigation and ADR procedure for in-house lawyers

by Dentons on

Specialist courts including the TCC to be referred to as the "Business and Property Courts" - From June 2017, the specialist civil courts will be called the "Business and Property Courts of England and Wales". The...more

MSBA Ad Hoc Task Force Recommends Statewide Business Court

by Miles & Stockbridge P.C. on

On January 31, 2017, an ad hoc task force (“Task Force”) of the Business Law Section of the Maryland State Bar Association issued a Final Report and Proposed Recommendations for the Business & Technology Case Management...more

First Published Opinion From New Business Court Judge Conrad

by Brooks Pierce on

Business Court Judges don't have to issue written Opinions in cases granting Preliminary Injunctions. (G.S. § 7A-45.3 limits the obligation to issue a written Opinion to rulings rendered per NCRCP 12, 56, 59, and 60). ...more

The North Carolina Business Court Evolves

by Ward and Smith, P.A. on

Business courts are not so-named because they favor businesses, but because they are specifically designed to improve a state’s business environment by providing a forum to resolve complex disputes in an efficient manner. ...more

NC Business Court: What Is Intrusion Into Seclusion?

by Brooks Pierce on

I had never heard before of a "privacy tort" claim for "intrusion into seclusion." But it exists in North Carolina per Judge Gale's Opinion in Dishner v. Goneau, 2017 NCBC 7, decided in the NC Business Court this week....more

Internal Affairs Doctrine Leads To Dismissal Of An Aiding And Abetting A Breach Of Fiduciary Duty Claim By NC Business Court

by Brooks Pierce on

A lot of North Carolina court decisions have questioned whether a claim for "aiding and abetting a breach of fiduciary duty" can be made in North Carolina (many of them are cited in ¶16 of the Islet Sciences Opinion...more

Commercial Division Advisory Council Releases New Video on The New York Commercial Division

A short new video, entitled A Forum for Business Disputes: The Commercial Division of the Supreme Court of the State of New York, has recently been released. The film was produced by the Court System’s Commercial Division...more

Five Things You Should Know About Discovery Under The New Business Court Rules

by Brooks Pierce on

There are new Rules for the NC Business Court In effect, as of January 1, 2017. If you have a case in the Business Court, or are expecting to designate a case there, you should look them over. ...more

NC Business Court Starts Off 2017 By Denying A Motion For Sanctions And Adding A New Judge

by Brooks Pierce on

In the NC Business Court's first Opinion of the new year, Judge Bledsoe denied Defendants' Motion for Rule 11 Sanctions in Kure Corp. v. Peterson, 2017 NCBC 1. The decision holds a few lessons about the operation of Rule 11...more

Think You Can Appeal The Business Court's Denial Of Your Opposition To Designation? You Probably Can't

by Brooks Pierce on

The NC Supreme Court's jurisdiction over appeals from the Business Court expanded significantly with the passage of a bill by the NC General Assembly "modernizing" the Business Court in 2014. A party can appeal even...more

The Death of Merger Litigation Part II – The North Carolina Business Court Puts a Nail in the Coffin

by Smith Anderson on

In a recent article entitled “The Death of Merger Litigation?”, we wrote about the Delaware Court of Chancery’s increasing refusal to approve disclosure-only settlements in shareholder lawsuits challenging public company...more

NC Business Court Sends Some Important Messages About Fees To Lawyers For Class Action Plaintiffs

by Brooks Pierce on

If you've been reading this blog for any length of time, you know that I am very sour on substantial attorneys' fees being awarded to the lawyers for class action plaintiffs who obtain nothing more for the class than...more

The Business Court Tackles Jurisdiction and Forum Non Conveniens Issues

by Butler Snow LLP on

The Tennessee Business Court found occasion to deal with personal jurisdiction and forum non conveniens issues through its recent written opinion in Nissan North America, Inc. v. Tustin Import Auto Sales, LLC, et al, Case No....more

Protecting In-House Counsel From Having To Be Deposed

by Brooks Pierce on

There a probably few things in legal practice as annoying as getting a Notice of Deposition for your client's in-house counsel. Are you willing to pursue a Motion for a Protective Order to prevent the deposition? ...more

Does A Petition For Discretionary Review Divest A Trial Court Of Jurisdiction?

by Brooks Pierce on

The place where a a trial court's jurisdiction over a case on appeal meets the competing jurisdiction of the appellate court over that same case is is a busy intersection. It is often hard to tell when the trial court no...more

New Maryland Rule Affords Broader Access to Business and Technology Court

by Kelley Drye & Warren LLP on

A recent rule change has opened the door wider for litigants seeking to resolve their disputes in Maryland’s specialized Business and Technology Courts. It expands the number of scenarios in which cases can be moved to...more

It Takes More Than Just $5 Million To Get A Case Into The NC Business Court

by Brooks Pierce on

This week, I published a post on this blog in which I suggested that a case involving $5 million in controversy could be designated to the Business Court without the Court having to analyze the nature of the claims before it...more

The Tennessee Business Court Further Defines LLC Law

by Butler Snow LLP on

The Tennessee Business Court continued its prolific promulgation of rulings affecting the resolution of internecine disputes between LLC members. In Terrell K. Raley, et al. v. Cees Brinkman, et al., Case No. 16-0196-BC, the...more

The Business Court Opens Its Door Wide To "Intellectual Property" Disputes

by Brooks Pierce on

The Business Court doesn't often discuss its interpretation of the statutory bases for a designation to the Court, all of which are contained in G.S. sec. 7A-45.4. So its published Order this month in Southeastern...more

North Carolina Court Again Narrows Scope of Post-Employment Restrictions

Last week’s EmployNews reported a Fourth Circuit Court of Appeals decision applying North Carolina law that invalidated an employment non-competition clause due to what it viewed as the overreaching scope of the restrictions....more

The Tennessee Business Court at One Year

by Butler Snow LLP on

The Tennessee Business Court Davidson County Pilot Project opened on May 1, 2015, pursuant to a March 16, 2015 Tennessee Supreme Court Order. Located in the Davidson County Chancery Court – Part III, the Business Court...more

Don't Count On The Sheriff To File Your Notice Of Appeal

by Brooks Pierce on

Filing a Notice of Appeal seems like a pretty easy thing to do. You walk it over (or mail it) to the Clerk of Superior Court in the County in which the case was filed, and the Clerk puts a "filed" stamp on it indicating the...more

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