Judge Gale’s approval last week of a class action settlement, in In re Krispy Kreme Doughnuts, Inc. Shareholder Litigation, 2018 NCBC 1 gives me another opportunity to rail against disclosure only settlements. You know that I don’t like them.
North Carolina Business Litigation Report
Reporting on Judicial Decisions of Significance to Business & Shareholders
The North Carolina Business Litigation Report, published by Brooks Pierce LLP, focuses on business litigation issues within North Carolina. It covers topics such as covenant not to compete agreements, procedural rules and sanctions in business court cases, motions for summary judgment, deposition testimony revisions, and other corporate dispute matters. The blog discusses court rulings, procedural compliance, and practical implications for business litigators, emphasizing North Carolina Business Court decisions and their impact on corporate governance, contract enforcement, and litigation strategy.
Latest from North Carolina Business Litigation Report - Page 4
NC Business Court On Conversion Of Electronic Data
The Defendant in SQL Sentry, LLC v. ApexSQL, LLC, 2017 NCBC 105 was alleged to have copied the Plaintiff’s software program which was designed to make “resource intensive T-SQL queries. . . in the Microsoft enterprise database platform, SQL Server.” Op.…
Nc Business Court Stretches NCRCP 14 to Allow New Third Party Defendants To Be Added Years After The Commencement Of Litigation
The North Carolina Rules of Civil Procedure are fairly identical to the Federal Rules of Civil Procedure. In fact, I am hard pressed to think of any substantial differences.
But the lack of one word contained in FRCP 14 —…
NC Business Court Rules On What Constitutes An “Arbitration”
You’ve probably never had to decide what it means to agree to arbitrate. Usually, there is a written provision that references the AAA Rules and includes a consent to AAA’s procedures as to the appointment of the arbitrator(s) and the…
Demand Futility Isn’t Dead For Derivative Actions Against Non-Profit Corporations
You probably thought that you would never again have to argue that a demand on a corporation’s board of directors before filing a derivative action should be excused because it would have been futile.
That’s because the North Carolina Legislature…
NC Legislature Decides To Legislate Choice Of Law Provisions In “Business Contracts”
The North Carolina General Assembly has decided to legislate choice of law in commercial transactions. The new statute, enacted in June, is called the “North Carolina Choice of Law and Forum in Business Contracts Act.” It will be…
In-House Counsel’s Worst Nightmare: A Subpoena In A Case To Which The Company Is Not A Party
I don’t think that there is anything worse than having a client get subpoenaed in a case to which it isn’t a party. It didn’t want to be drawn into someone else’s problem, to have to scour its records to…
Incorporating By Reference In Your NC Business Court Brief? Don’t Do It!
If you have ever drafted a Complaint, you have undoubtedly used the words that your previous numbered allegations were “incorporated by reference.” It’s a way of not having to repeat yourself. That shortcut is specifically allowed by Rule 10(c) of…
Joint Defense Agreements Are Not Protected By The Attorney-Client Privilege
Why would any lawyer think that his Joint Defense Agreement, entered into with a co-defendant, was protected from production by the attorney-client privilege? Well, the lawyer for one of the Defendants in AP Atlantic, Inc., v. Crescent University City Venture…
Deposition, My Office Or Yours? NC Business Court: Neither
You probably don’t think much, when you are noticing a deposition, about where it should take place. Ideally, you probably want it to happen in your own office.
The NC Rule of Civil Procedure on depositions, Rule 30, says…