Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert | Texas Appellate Law Podcast
Business Courts and Other Highlights of the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
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
On Wednesday, the Supreme Court of North Carolina published an order amending Appellate Rule 26. New Appellate Rule 26 permits appellate documents filed in the trial court using Odyssey’s e-filing system to be served on...more
When confronted with an internal employee complaint such as a sexual harassment claim, the company’s first reaction may be to use inside or outside legal counsel to investigate the complaint and advise the company on...more
By Order dated June 15, 2022, the Supreme Court of North Carolina has approved amendments to the North Carolina Business Court Rules. Effective July 1, 2022, the Amended Rules will apply to all cases before the Business Court...more
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
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
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
In Reynolds American Inc. v. Third Motion Equities Master Fund Ltd., et al., 2021-NCSC-162 (Dec. 17, 2021), the Supreme Court of North Carolina unanimously affirmed the North Carolina Business Court’s 189-page decision...more
Effective October 1, 2020, House Bill 679 amended Rules 3 and Rule 5 of the North Carolina Rules of Civil Procedure. Of significance, Rule 5 was amended to make electronic mail, and e-filing where available, permissible forms...more
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
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
Out of a total of 24 opinions, the Supreme Court’s most recent set of opinions included nine criminal cases, three terminations of parental rights, and six direct appeals from Business Court decisions. Of those six...more
How does your appeal get dismissed when you've appealed to the "right", "appropriate", or "correct" court? In other words, your appeal was to the Court with jurisdiction over your appeal. It happened in the NC Court of...more
The road to an appellate court can be lined with unanticipated obstacles, You can avoid them if you follow the NC Rules of Appellate Procedure and you keep up with changes in the law regarding appeals. Or you might retain a...more