Maven Advantage, Inc. and Square One Storm Restoration, LLC are competing roofing businesses. Maven alleged that two employees (Couch and Daniels) stole Maven’s trade secrets (customer lists) and then quit to work for Square...more
To practitioners familiar with internal disputes involving closely held companies, the allegations in Lafayette Village Pub, LLC v. Burnham, 2025 NCBC 8, are nothing new. The member running the business (allegedly) made bad,...more
Only two months into 2025, and the Business Court has already denied two motions for leave to add claims to pierce the corporate veil. My fellow-Foxer, Brad Risinger reported here on the first opinion from Judge Earp in MD...more
Each February, the North Carolina Administrative Office of the Courts publishes its Report on North Carolina Business Court. The Report includes data on case types, number of cases, pending motions, and average age, with...more
2/24/2025
/ Business Court ,
Business Entities ,
Business Litigation ,
Corporate Governance ,
Judges ,
Limited Liability Company (LLC) ,
New Legislation ,
North Carolina ,
Regulatory Reform ,
Regulatory Requirements ,
Shareholders ,
State and Local Government ,
Trade Secrets
This lawsuit involves breach of a confidential settlement agreement. In motion briefing, both sides relied on and filed the subject agreement. Both sides also filed (unopposed) motions to seal it.
These two Orders from...more
A party trying to serve their pleading used FedEx, but not the right FedEx. Turns out there are a slew of similarly-named FedEx’s, but only certain ones are approved “designated delivery services” under Rule 4. They used...more
Prevailing at summary judgment is rare. Prevailing when there are competing motions on the same issue (fraud) is even rarer. In this opinion, Judge Davis granted the Defendants’ motion and denied the Plaintiff’s, ending the...more
To secure a preliminary injunction, a party must present evidence of two things, and fast: (1) likelihood of success on the merits; and (2) irreparable harm. In this recent Order of Significance (denying a preliminary...more
Judge Conrad’s Final Judgment in Airtron, Inc. v. Bradley Allen Heinrich ends this years-long Chapter 75, trade secret case. No doubt, the plaintiff (Airtron) pushed this lawsuit to make a point: if you take our secrets, we...more
Every litigant wants their attorneys’ fees, but actually recovering them in North Carolina is rare. Fee recovery must be authorized by rule or statute, and fees must be “reasonable.”...more
11/29/2022
/ Attorney's Fees ,
Billing Rates ,
Business Court ,
Documentation ,
Fee Reductions ,
Fees ,
North Carolina ,
Professional Responsibility ,
Proof of Claims ,
Reasonable Compensation ,
Rules of Professional Conduct
A few months after successfully settling its lawsuit and obtaining a consent judgment against JUUL, the State of North Carolina doubled down, suing five of JUUL’s officers and directors for unfair or deceptive trade...more
At the onset of the pandemic, North Carolina passed a law allowing emergency remote notarization and oaths by live video (e.g., Facetime, WebEx, Zoom). This emergency law had a built-in sunset of August 1, 2020, since the...more
Think back-dating that email will help your case?
Think again. Ford v. Jurgens, 2022 NCBC Order 9 (N.C. Super. Ct. Feb. 16, 2022) involved a dispute between a nonprofit real estate investment association (“the...more
5/5/2022
/ Asset Transfer ,
Attorney's Fees ,
Business Ownership ,
Credibility ,
Email ,
For-Profit Corporations ,
Forensic Examination ,
Fraud ,
Impeachment ,
Nonprofits ,
North Carolina ,
Real Estate Investments ,
Rules of Civil Procedure ,
Sanctions ,
Self-Interest ,
State Bar Associations
Can an unlicensed general contractor enforce a construction contract in North Carolina? “No,” and as Judge Conrad explains, “[t]his is an unyielding rule.”
JCG & Associates, LLC vs. Disaster America USA, LLC, 2021 NCBC...more
At the onset of the pandemic, North Carolina passed a law allowing remote notarization and oaths by live video (e.g., Facetime, WebEx, Zoom). With a built-in sunset of August 1, 2020, the authorization for remote...more
As COVID-19 numbers improve, North Carolina is among the states beginning to resume in-person hearings and civil trials. The week of March 14 saw several developments that collectively signal a “measured reopening” of the...more
Contract with “substantial connection” with NC leads to PJ over a California Defendant who never visited NC.
In Toshiba Global Commerce Solutions, Inc. v. Smart & Final Stores LLC, 2020 NCBC 95, Judge Conrad held that...more
On December 14, 2020, Chief Justice Cheri Beasley of the North Carolina Supreme Court issued an order postponing all nonessential, in-person court proceedings for (at least) 30 days, including jury trials. The order also...more
In this order from Buckley LLP v. Series 1 of Oxford Ins. Co. NC LLC, Chief Judge Bledsoe dealt with dueling motions to compel. Both sides claimed that their hybrid business-legal communications were privileged. After an...more
At the onset of the pandemic, North Carolina passed a law allowing remote notarization and oaths by live video (e.g., Facetime, WebEx, Zoom). With a built-in sunset of August 1, 2020, the authorization for remote...more
North Carolina businesses take note: face coverings (i.e., masks) are now required.
That means all North Carolinians should review and understand the new statewide face covering requirements, implemented by Executive Order...more
North Carolina has enacted two new laws providing broad immunity against COVID-19 transmission claims to essentially everyone in the state, unless they were grossly negligent or acted intentionally (Session Law...more
North Carolina businesses take note: face coverings (i.e., masks) are now required.
That means all North Carolinians should review and understand the new statewide face covering requirements, implemented by Executive Order...more
If you have employees that work from home (WFH), you may be subject to PJ in their location.
During the last few months, the NC Supreme and Business Courts have answered some tricky PJ questions: Are pre-conflict contacts...more
By now, most North Carolina businesses have considered this question: Does the pandemic or a government stay-at-home order forgive our performance under a commercial contract? The simple, but unsatisfactory, answer is...more