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Breach of Duty › Business Court Division

Brooks Pierce

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

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

Smith Anderson

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

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

Poyner Spruill LLP

Duty to Negotiate in Good Faith: Much Ado About Nothing?

Poyner Spruill LLP on

Much ado has been made over the North Carolina Business Court’s ruling this past summer in RREF BB Acquisitions, LLC v. MAS Properties, LLC, 2015 NCBC 58, recognizing a cause of action for so-called “duty to negotiate in good...more

Morris James LLP

Nature of Company's Defenses Can Expand Scope of Discovery

Morris James LLP on

There is no question that, in a books-and-records action, the scope of discovery is limited and such discovery is not an appropriate means of obtaining the same books and records sought in the action. In Chammas v. NavLink...more

Smith Anderson

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

Smith Anderson on

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

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