NC Process for Settlement of a Putative Class Action Dispute: Terri Moose vs. Allegacy Federal Credit Union - Sometimes, the short-cut turns out to be the long way around. A North Carolina Business Court opinion by Judge...more
On June 2, 2023, the Texas 88th Legislature concluded its session and passed two laws that significantly affect the adjudication of select cases. House Bill 19 (HB 19) amended the Texas Government Code and created a statewide...more
With Governor Abbott signing House Bill 19 into law on June 9, Texas joins more than two dozen US states with a specialized business court system designed to preside over specific high-value business and commercial disputes....more
Serving as a company official—whether an LLC manager or an officer or director of a corporation—can sometimes be a risky prospect. Company officials on occasion find themselves at the center of complex litigation solely...more
In sharp contrast to the extreme fanfare that followed Chief Judge Orlando Garcia’s July 25, 2022, “Order Assigning the Business of the Court as it Relates to Patent Cases” randomly assigning all new patent cases filed in the...more
On August 5, 2022, the Supreme Court of New Jersey released amendments to the Court Rules governing practice in New Jersey’s state courts, which will take effect on September 1, 2022. We highlight two of the main...more
The judges sitting in the BLS during calendar year 2022 recently adopted and published guidance about their preferences and practices on court proceedings and filings. These preferences and practices include . . ....more
In January, the Social Law Library sponsored the Business Litigation Session 2021 Year in Review. The panel included Judge Kenneth Salinger, the BLS Administrative Justice, as well as Michael Tuteur and Andrew Yost, attorneys...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
In mid-June, Chief Judge Janet DiFiore appointed the Commission to Reimagine the Future of New York’s Courts, and charged it with examining technological, regulatory, and other long-term innovations for New York Courts. ...more
Interview with Honorable John P. DiBlasi, J.S.C. (Ret.) of NAM (National Arbitration and Mediation) as published in the Corporate Counsel Business Journal (CCBJ) - John DiBlasi is a highly sought-after mediator and...more
The COVID-19 pandemic continues to affect nearly every aspect of the legal profession, and practice in the BLS is no exception. Massachusetts courts have issued orders in recent weeks in an effort to maintain critical court...more
This afternoon, Chief Judge Bledsoe issued a second Order – 14 April 2020 NCBC Order – applicable to all Business Court Actions extending case management and other deadlines and procedures to match those in Chief Justice...more
Supreme Court of North Carolina Chief Justice Cheri Beasley issued an Order today under N.C.G.S. § 7A-39(b) that provides litigants and their attorneys some relief from deadlines for filings and other acts in light of the...more
Spreading the news that e-filing is coming might not have quite the same importance as the message delivered by Paul Revere and his fellow riders in 1775 – but e-filing is still worth noting. I attended the Maine State Bar...more
The Commercial Division Advisory Council (the “Advisory Council”) has proposed three new amendments to the Commercial Division Rules: (1) a proposed amendment to Rule 1, which will allow counsel to participate in court...more
The Commercial Division Advisory Council recently released a memorandum describing the benefits that the Commercial Division offers to the State of New York. ...more
Earlier this year, the North Carolina Business Court (which handles complex business cases arising in the state) issued a decision that serves as a painful reminder of the consequences of failing to protect your business from...more
The North Carolina Business Court recently strengthened the hands of minority shareholders in closely-held corporations. N.C. Gen. Stat. § 55-16-02(b) affords qualified shareholders the right to “inspect and copy: (1)...more
The new international divisions of the Paris Commercial Court and the Paris Court of Appeal, also known as the “International Chambers,” will start operating imminently. Under highly innovative rules of procedure (the...more
Like most states, the North Carolina Trade Secrets Protection Act prohibits individuals or businesses from misappropriating or misusing certain confidential business information belonging to someone else. However, not all...more
What choice of law rule applies to trade secrets claims? No North Carolina appellate court has answered that question, but Judge Robinson of the NC Business Court stepped into that breach in his Opinion in SciGrip v. Osae,...more
As we have come to expect, the Commercial Division Advisory Council periodically makes recommendations to amend and/or supplement the Rules of the Commercial Division, many of which are eventually adopted following a...more
On May 23, 2017, in Nissan North America, Inc. v. Tustin Import Auto Sales, LLC, et al., No. 16-117-BC, the Tennessee Business Court found that the only remaining defendant, Raymond Enriquez, had defrauded the plaintiff and...more
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...more