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Legalzoom may be a step closer to overcoming the NC State Bar’s assertion that its online legal document service constitutes the unauthorized practice of law (UPL), following yesterday’s ruling in LegalZoom, Inc. v. North Carolina State Bar, 2014 NCBC 9. Or it may be only a few questions away from a ruling that would
NC Business Court Puts Teeth In Protective Order
I’ve never thought much about the consequences of the violation of a Protective Order. In fact, before last week’s Business Court ruling in Out of the Box Developers, LLC v. Logicbit Corp., 2014 NCBC 7, no North Carolina case had "squarely addressed whether Rule 37 permits sanctions for violations of Rule 26(c) protective orders."
NC Court Of Appeals: Foreclosures and Immutability
Can a law passed by a Legislature be called "immutable?" (that means it’s ageless, not ever subject to change).
The Court of Appeals used that word this week in Heaton-Sides v. State Employees Credit Union to describe a statute dealing with foreclosures.
The case dealt with the rights of a person to her personal property
Collecting On Judgments Against A Member’s LLC Interest
A lawyer has limited remedies to collect on a judgment from a defendant who is unwilling to pay. If the defendant holds stock in a corporation, you can execute on the shares, take possession of them, and sell them. N.C. Gen. Stat. §1-324.3. But if that ownership interest is in an LLC, a
The “Bright Star” Fades: The NC Business Court On Letters Of Credit
I’ve resolved this year to blog about every numbered decision of the Business Court, as opposed to past years, where my lack of enthusiasm about the more boring decisions has left me writing about less than 100% of the Court’s decisions.
My resolve was tested with Judge Murphy’s decision last week in Speedway Motorsports Int’l
What Happens To A Covenant Not To Compete Upon The Sale Of A Business?
Be careful with covenants not to compete when you buy or sell a business. That’s the lesson from Amerigas Propane, LP v. Coffey, 2014 NCBC 4, decided this week by Judge Jolly.
The Plaintiff had Defendant Coffey, an employee of the company which it was acquiring, sign a "Confidentiality and Post-Employment Agreement" after the
The Business Court Takes A Narrow View Of When Claims Are “In Or Affecting Commerce” Under Chapter 75 Of The General Statutes
Chapter 75 claims have rarely fared well in the Business Court, though there is not much doubt about why they are included in almost every Complaint in the Court. The prospect of treble damages (per G.S. Never Give Up? Never Surrender? Probably Bad Advice In The Business Court
Section 6-21.5 of the North Carolina General Statutes is the closest thing the State has to "loser pays." It allows for the award of attorneys’ fees to a prevailing party "if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing
Don’t Rely On Your Expert’s Speculation To Save You From Summary Judgment
Just because an expert says something is so doesn’t mean that it is. That’s the lesson of Judge Gale’s ruling last week in Carter v. Clements Walker, 2014 NCBC 1. He rejected the evidentiary value of an expert’s report stating that Plaintiff’s damages were $33 million, saying that it was insufficient to create a
North Carolina COA Refuses To Award Attorneys’ Fees Based On “New York Rates”
There’s enough of interest in the North Carolina Court of Appeals’ decision this week in GE Betz, Inc. v. Conrad for five posts. It’s got a couple of good rulings on covenants not to compete, a few points about trade secrets issues, and an interesting matter of a violation of a protective order. The opinion