Business Court Division

News & Analysis as of

Business Court Enjoins Enforcement Of High Interest Rate Loans Made By American Indian-Related Business

Judge Gale's opinion last week in Western Sky in State v. Western Sky Financial, LLC, 2015 NCBC 84 has a little bit of everything in it: choice of law, the U.S. Constitution, claims for usury (excessive interest rates) and...more

Business Court Awards Rule 11 Sanctions For Baseless Fiduciary Duty Claim

It is probably a good idea for a corporation to avoid making fiduciary duty claims against its employees (unless they are also officers and directors). Clients (or their lawyers) who insist on making such claims are liable...more

North Carolina Business Court Recognizes Duty to Negotiate Contracts in "Good Faith"

Until there’s a binding contract, are you free to walk away from negotiations without penalty? Not necessarily. The North Carolina Business Court recently held that in certain circumstances parties have a duty to negotiate in...more

North Carolina Business Court Revisits When Customer-Related Information is a Trade Secret

The North Carolina Business Court recently revisited the question of when a business’s customer-related information can be considered trade secrets. In Southern Fastening Systems, Inc. v. Grabber Construction Products, Inc.,...more

When You Wish Upon A (Lode)Star: NC Business Court Cuts Fees Requested By Attorneys For Class Plaintiffs

The Business Court last week knocked down a fee request of Plaintiffs' class action counsel to $500,000, from the $660,000 requested, in an Order in Nakatsukasa v. Furiex Pharmaceuticals, Inc., 2015 NCBC 68. The...more

Making Straight the Road: Case Litigation Plans as a Means of Efficiency and Predictability in the Tennessee Business Court

Tennessee’s recently-convened Davidson County Business Court will adjudicate business litigation in Nashville and may hear business cases from around the state with the consent of both parties. The Business Court’s stated...more

Don't Overplay Your Hand In The Business Court

When you last heard about London Leasing LLC v. Arcus, the Business Court had entered a default in March 2015 against two of the Defendants for what I called their "defiant and obnoxious conduct." It then seemed like...more

Business Court: High To Low Posting of ATM Debit Card Transactions Properly Disclosed By Bank

The meaning of the word "item" was the definitive factor in the Business Court's decision last week in Gay v. People's Bank, 2015 NCBC 59. The case was an attempted class action involving claims against the Bank for...more

North Carolina Business Court Holds Pleading Stage Too Early to Dismiss Broad Non-compete

On May 7, 2015, Judge Gregory McGuire of the North Carolina Business Court denied defendants’ motion to dismiss a claim that a physician’s assistant breached non-competition and non-solicitation provisions in her employment...more

North Carolina Business Court Rules Tax on Trust Unconstitutional

The North Carolina Business Court held North Carolina’s taxation of a trust unconstitutional in Kaestner v. North Carolina Department of Revenue. N.C. Gen. Stat. § 105-160.2 imposes a tax on the undistributed income of a...more

Commercial Division Practice Continues to Shift Towards Federal Standards with Four Proposed Rule Changes

The Commercial Division Rules are once again the subject of several proposed amendments, as detailed below. While these proposals are not as far-reaching as some of the rule changes enacted in 2014, they nonetheless raise...more

A Change in the Weather Brings More Changes to the New York Commercial Division Rules

The Commercial Division Rules are once again the subject of several proposed amendments, as detailed below. While these proposals are not as far-reaching as some of the rule changes enacted in 2014, they nonetheless raise...more

North Carolina Court Holds Statute Taxing Trust Income Unconstitutional Kimberly Rice Kaestner 1992 Family Trust v. North Carolina...

On April 23, 2015, Judge Gregory P. McGuire of the Business Court division of the Superior Court of Wake County, North Carolina, issued a decision in the matter of the Kimberly Rice Kaestner 1992 Family Trust v. North...more

An Interesting Trade Secrets Case From The Business Court

If you were unsure whether customer information held by your client -- like customer contact information, sales reports, prices and terms books, sales memos, sales training manuals, commission reports, and vendor information...more

New NC Business Court tweak in the works

A new Senate Bill making a further update to defining a mandatory complex business case for referral to the Business Court was filed and has begun to move. Senate Bill 435 sponsored by Bob Rucho and Tamara Barringer who you...more

Some Stats On The Business Court

When the North Carolina Legislature "modernized" the Business Court last year, it added a provision to the General Statutes mandating that the Director of the Administrative Office of the Courts prepare a report, twice a...more

International Arbitration Newsletter - Q1 2015

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity - The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the...more

Singapore launches International Commercial Court

The Singapore International Commercial Court (the SICC) was officially launched on 5 January 2015 at the Opening of the Singapore Legal Year. One of the express objectives of the SICC is "to further boost Singapore's value...more

Let’s Get Down to Business: Tennessee Supreme Court Establishes Business Court Pilot Project

Following the lead of over half of the States in the union (including its neighbors Alabama, Georgia, North Carolina, and South Carolina), the Tennessee Supreme Court has created by Order of March 16, 2015 the Davidson County...more

Federal Court Practice Update for Insurance Matters

Recent changes in the Federal Court of Australia will streamline how insurance matters are managed and heard by the Court. Specific judges will be allocated to hear insurance related cases within the national Commercial &...more

Tennessee Establishes Business Court

On March 16, 2015, the Tennessee Supreme Court established the Davidson County Business Court (“Business Court”), a pilot project to meet the litigation needs of existing and future businesses in the State....more

Keeping Up With The Commercial Division(s)

The past year has been a busy time for anyone keeping up with the Rules for the Commercial Division of the New York State Court System. The Commercial Division Advisory Council, led by Justice Eileen Bransten, has been...more

Commercial Restructuring & Bankruptcy Alert - February 2015

In This Issue: - Minority Holders Gain Leverage Through Recent Interpretation of Trust Indenture Act - New Jersey Joins Number of States Creating Specialty Business Courts - Credit Bid Rights Bolstered in...more

Is Your Client's Customer Information A Trade Secret? Maybe, If You Plead It Specifically Enough.

I have remarked before how hard the Business Court has been on Plaintiffs making trade secrets claims. You can look here and here for example of these prior posts. The Court has often dismissed trade secrets claims on a...more

New Jersey’s New Complex Business Litigation Program Offers Potential Advantages

After a year of considering the needs of parties to business-related litigation, the Supreme Court of New Jersey has announced that the Judiciary will implement a “Complex Business Litigation Program” effective January 1,...more

51 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×