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North Carolina Supreme Court Unpacks a Service Contract and Finds a Potential Software Sale Lurking Within

If a company contracts to acquire software which it then licenses to a third party as a component of a lucrative service package, did it “sell” the software? In Value Health Solutions, Inc. v. Pharmaceutical Research...more

A Business Court Finds There is Little “Neutral” Ground in Disputes Over Church Business

An intra-congregational dispute over control of church bank accounts led the Wakefield Missionary Baptist Church to a schism that forced out a senior pastor, saw church doors locked, and resulted in competing factions...more

Some Corporate Insiders Can Safely Throw Stones from Glass Offices

The North Carolina Supreme Court ruled recently that a company’s allegedly fraudulent efforts to raise capital from outside investors can avoid sanction as an unfair or deceptive trade practice because the conduct is not...more

NC Supreme Court Endorses Flexibility for Business Court in Determining “Fair Value” for Dissenting Shareholders

In 2017, British American Tobacco (BAT) purchased a North Carolina-based tobacco company, Reynolds American Inc., for $49 billion. The deal allowed BAT to acquire the 57.8% of Reynolds it didn’t already own and brought many...more

The Trouble with Trebles

The CBD product market, by some estimates, could skyrocket to $19.5 billion by 2025. With farmers, manufacturers and distributors scrambling for a seat at this lucrative table, it’s not surprising to see the Business Court...more

NC Supreme Court Narrows What Counts As A “Public Record” Held By Private Entities With Extensive Government Ties

In a case closely watched by public transit activists and “government in the sunshine” advocates, the North Carolina Supreme Court last week affirmed a 2020 Business Court decision that found the North Carolina Railroad...more

For Timely Appeals From The Business Court, Keep The Calendar – And Geography – Close In Mind

In ALC Manufacturing, Inc., v. J. Streicher & Co., 2020 NCBC 55, the Business Court dispatched a case that started off with bad timing, and ended that way too. Plaintiff claimed defendant BBP Bandenia, PLC breached a...more

NC Supreme Court Modifies Crossclaim Guideposts In Affirming Business Court

The North Carolina Supreme Court recently affirmed a December 2018 Business Court ruling in Orlando Residence, Ltd. v. Alliance Hospitality Mgmt., LLC that clarified Rule 13 crossclaim principles, created new doctrine on...more

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