Corporate & Commercial

A group of mostly powerless Class B members in a utility services firm suspected its only Class A member of self-dealing, but their suspicions did not mate with corporate authority to do much about it. However, blessed with wide-ranging inspection and audit rights under an operating agreement, they pushed forward with requests to determine the company’s financial health and investigate its management.  In Richardson v. Utili-Serve, LLC, 2020 NCBC 83, the Business Court considered…
Nowadays, whistleblowing is a very important issue, especially in these times of COVID-19 and in that vein, there are new and “creative” ways for employers to allegedly retaliate against employees who wish to report wrongdoing.  In a recent variation on this theme, a Contracts Manager has sued Airbus Group under the False Claims Act, claiming that the Company falsely “turned him in” to the FBI after he stated that he believed the Company’s accounting practices…
In these times of pandemic, many good people (like essential workers, first responders, and doers of random acts of kindness and charity) continue to help others.   Unfortunately, there are those that continue to prey upon others by casting snares to compromise confidential and sensitive information like social security numbers, credit card numbers, and passwords. This is generally known as “phishing” and the ordinary citizen would be surprised at the sophistication of these attacks, the…
I have found over my 23 years of law practice that, assuming I’ve consumed my usual copious amount of coffee, I can be quite productive and efficient when I get into a flow. When that flow is interrupted – by a phone call, someone popping into my office for a quick question, a car alarm going off, etc. – it can be difficult to get back into the groove. The good news is that a…

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