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Business Court Breach of Contract

Vinson & Elkins LLP

Texas Business Court Could Make Litigation Faster, More Efficient

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Texas’ new business court, which the state hopes will make complex litigation more efficient, opens in less than four months. And while there’s still uncertainty about how the court will operate, its structure and the Texas...more

Fox Rothschild LLP

Charlotte’s Contracts to Build Transit System are Inseparable Part of Government Function to Provide Service to Public

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The City of Charlotte’s Gold Line Streetcar extension, that brought the system to a 4-mile, 17-stop line, opened to the public in August 2021. But disputes about its construction (and payment for it) that stretched back to...more

Fox Rothschild LLP

A Recipe for Rule 12(b) Failure: Unsavory Complexity, a Pinch of Confusion, and an Overflowing Cup of Acronyms

Fox Rothschild LLP on

It turns out there is something more difficult than the financing and development of a luxury retirement community, the long life of which spanned from its initial municipal approval in 2002, through the 2008 financial...more

Fox Rothschild LLP

JNOV is a Tough Road, but it’s Not a One in a Million Shot

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A party seeking to unseat a verdict by JNOV “bears a heavy burden under North Carolina law.” Only a “scintilla of evidence” is needed to support the elements of the prevailing claim. But as the Business Court reminded in...more

Orrick, Herrington & Sutcliffe LLP

The Texas Business Court: What You Need to Know

Texas has joined more than two dozen other U.S. states in creating a court system to handle certain business disputes. Companies with cases in the new Texas Business Court will appear before appointed judges with expertise in...more

Fox Rothschild LLP

“As Is” Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court Confirms

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As failed commercial property deals go, the one at the heart of Miriam Equities, LLC v. LB-UBS-2007-C2 Millstream Road LLC, 2022 NCBC 3, was not outside the norm for a Business Court transaction autopsy. There was a missed...more

Womble Bond Dickinson

Limiting Access to Non-Specialized Suppliers Can Be a Legitimate Business Interest

Womble Bond Dickinson on

Where a business’ non-compete employment agreement precluded its former employee from contacting its suppliers, such restriction could constitute a legitimate business interest. KNC Technologies v. Tutton, 2021 NCBC 25 (J....more

Womble Bond Dickinson

Even Breach of Fiduciary Duty Claim May Be Barred By the Economic Loss Rule

Womble Bond Dickinson on

While one party may owe a fiduciary duty to another outside of their contract, the Business Court will nonetheless examine the damages the plaintiff seeks from each and every claim. Perry v. Frigi-Temp Frigeration, Inc., 2020...more

Womble Bond Dickinson

Indefinite Covenants Within License Agreement May Not Be Enforceable

Womble Bond Dickinson on

Where a software license agreement precluded the licensee from developing similar software for an undefined period of time, the license agreement inhibited “free trade” and was therefore unreasonable and unenforceable. Triage...more

Fox Rothschild LLP

Marshall At Sutter’s Sawmill

Fox Rothschild LLP on

N.C. Business Court Dismisses All Counterclaims in a Dispute Stemming from a Failed Romance. In Rabinowitz v. Suvillaga, 2019 NCBC 7 (N.C. Super. Jan. 28, 2019), Judge Robinson granted the Plaintiff’s motion to dismiss the...more

Brooks Pierce

There's A Difference Between "Confidential And Proprietary Information" And A Trade Secret

Brooks Pierce on

I can't remember the last time that the Business Court granted a motion opposing the designation of a case as a mandatory complex business case. And since the Business Court Modernization Act went into effect in October...more

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