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A Corporate “One Man Band” Might be a Lonely Road, but the Company is Not Always a Puppet

Matthew Bagley worked for a claims adjustment firm in Louisiana as its claims manager for nearly three years before resigning to, allegedly, improperly compete against his former employer, M.D. Claims Group. In M.D. Claims...more

Wide Access for Inspecting LLC’s Records has Narrow, but Crucial, Guideposts

As a matter of business hygiene, North Carolina’s records inspection statute is a bit of an information ATM. But the Business Court recently cautioned that a requester still has to press the right buttons. In Extra Care, LLC...more

A Tax(ing) Return: Sale of Prep Franchises Fails and Remaining Assets Come Back

In a dispute about tax preparation businesses that one member of Compass Tax Services LLC was selling to the entity, precious little was for certain. Even the parties’ agreement lacked clarity about whether Compass Tax, or...more

Business Court Gives Maggie Valley’s Ghost Town in the Sky More Time to Scare up Some Investors

A member seeking to dissolve an LLC which owns a mothballed amusement park in Maggie Valley, North Carolina, didn’t have a “ghost of a chance” to close out a struggling, yet functional, company. In McClure v. Ghost Town in...more

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

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

Friends, Family, and Partnerships: a Litigation Tale as Old as Time

“Ray Reason, along with his aunt and uncle, decided to go into business with Gerald Barfield, a family friend who was a real estate developer.” When that’s a line in a holiday card letter of how the year went, it...more

Who Holds an LLC’s “Cards”?

Mary Hartsell is a nurse practitioner who joined Mindpath Care Centers, North Carolina, PLLC in April 2001 as a member, minority interest holder, and employee. Mindpath provides mental and behavioral care in North Carolina,...more

When Finding a Corporate Stalemate is Like Searching for Bobby Fischer

Plaintiff Lee Norris and defendant James Schaafsma are the sole member-managers of a development company – defendant Greymont Development, LLC – and disagree about the propriety of a derivative action initiated by Schaafsma...more

The Trouble with Trebles

The CBD product market, by some estimates, could skyrocket to $19.5 billion by 2025. With farmers, manufacturers and distributors scrambling for a seat at this lucrative table, it’s not surprising to see the Business Court...more

Cross-Border Litigations Over Control Of An LLC With An Unusual Twist: The Same Law Firm On Both Sides Of The Battle

It’s not often that the rote listing of involved attorneys at the outset of a Business Court opinion gives much of a clue of what issues lie ahead. A curious exception is when the same party is listed as represented by...more

Derivative Claim Boots Are Made For Walking, Business Court Says, But Only When An LLC Leaves Them On The Rack.

"Before you judge a man, walk a mile in his shoes. After that who cares? He’s a mile away and you’ve got his shoes! -Billy Connolly, Scottish comedian, shoe sage. The N.C. Business Court might not be your first stop for...more

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