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othschild LLPmenu Current Page: Home About Resources Contact Subscribe Search Close Enter Search Terms Search It’s Just Business Analysis of North Carolina Business Court Decisions (and other musings) Attorney Fees , Discovery , Judge Conrad , Sanctions When Discovery Goes Off Track, can a Pro Se Party Right the Course? By Bradley M. Risinger on April 25, 2024 When discovery goes so off the rails that a court declares a party has stalled the progress” of a case, prejudiced its opponent and wasted judicial resources,” there’s little doubt the sanctions sure to follow will be severe. And so it was in Airtron, Inc. v. Heinrich , 2024 NCBC … Continue Reading When Discovery Goes Off Track, can a Pro Se Party Right the Course? A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal By Bradley M. Risinger on April 10, 2024 A counterclaim plaintiff’s claims in a complex trade secret action involving the development of cell-cultured… Continue Reading A Rule 4 Service Drama: all FedEx, DHL and UPS Delivery Modes are not Created Equal When a New-Wave” Stockholder Agreement Crashes into the Statutory Wall of a Board’s Corporate Control By Bradley M. Risinger on March 28, 2024 So-called new wave” stockholder agreements that purport to meaningfully limit a board’s authority to manage… Continue Reading When a New-Wave” Stockholder Agreement Crashes into the Statutory Wall of a Board’s Corporate Control A Pirate’s Story, it Turns Out, is Worth its Weight in Gold By Bradley M. Risinger on March 6, 2024 When Blackbeard’s flagship, the Queen Anne’s Revenge , was discovered off the North Carolina coast… Continue Reading A Pirate’s Story, it Turns Out, is Worth its Weight in Gold Subscribe to It’s Just Business Subscribe to this blog The Latest When Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court Explains By Bradley M. Risinger on July 26, 2023 After a six-day jury trial including evidence of no show” jobs, questionable friends and family” payroll slots, and allegations of fraud and embezzlement, a Mecklenburg County jury returned a $3-million-plus… Continue Reading When Doing the Same Thing Over Again and Expecting Different Results is not Insane, a Court Explains A Trade Secret Tale: When a Gold Mine” is not Worth the Digging By Bradley M. Risinger on July 12, 2023 An employee trading places among industry competitors allegedly provided his new employer with bidding and pricing information so critical that the receiving company’s CEO thought it was a gold mine”… Continue Reading A Trade Secret Tale: When a Gold Mine” is not Worth the Digging Business Court Holds Clause Curbing Limitations Period Means Exactly What Contracting Parties Said it Did By Bradley M. Risinger on June 16, 2023 While an insurance carrier labor[ed] valiantly” to rescue claims over $3.1 million in overpayments to a hospital in its network, the Business Court held it failed because the contract at… Continue Reading Business Court Holds Clause Curbing Limitations Period Means Exactly What Contracting Parties Said it Did Business Court Rejects Effort to Eclipse Tax Credit Regime that Spurred NC Solar Farm Builds By Bradley M. Risinger on April 27, 2023 The NC Department of Revenue sought to throw some shade at the financing regimes through which solar farm and other renewable energy projects are built by challenging the flow of… Continue Reading Business Court Rejects Effort to Eclipse Tax Credit Regime that Spurred NC Solar Farm Builds An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say By Bradley M. Risinger on April 20, 2023 When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third. In Vitaform… Continue Reading An Expert that is Thorough, but Thoroughly Misses the Issues at Play, Gets No Say When Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service? By Bradley M. Risinger on March 7, 2023 The Palmetto Medical Group had a messy divorce.” Palmetto’s three physicians had settled into mutual distrust” and got a good distance down the road toward separation by negotiating a Practice… Continue Reading When Divorcing” Physicians Scuffle Over Contractual Plans to Honor Patient Choice, do they Render Medical Service? Corporate Director Duty to at Least Try” to Carry Out Oversight Functions May Soon Extend to Company Officers By Bradley M. Risinger on February 22, 2023 Just last year, in assessing the extent to which a director has a duty to oversee a corporation’s business affairs, the Business Court noted the limited guidance” afforded by state… Continue Reading Corporate Director Duty to at Least Try” to Carry Out Oversight Functions May Soon Extend to Company Officers A Swan Song for Noncompete Clauses? By Bradley M. Risinger on February 1, 2023 If the Federal Trade Commission has its way, litigation fights like the one between IQVIA, Inc. and Circuit Clinical Solutions, Inc. over the job switch of executive Dana Edwards will… Continue Reading A Swan Song for Noncompete Clauses? Half the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending Rule By Bradley M. Risinger on January 13, 2023 You are remembered for the rules you break.” Gen. Douglas MacArthur First, this is certainly true. Second, when it comes to the exacting nature of the rules for getting a… Continue Reading Half the Battle May be Just Showing Up, but in Business Court Giving Timely Notice that You’re Coming is an Unbending Rule View All Topics View All Posts About this Blog Business decisions should guide your business decisions. Rulings issued by the North Carolina Business Court often reverberate beyond the litigants, affecting businesses throughout the state and region. Staying on top of these cases – as well as other appellate and federal court decisions – is essential for companies that need to anticipate and respond quickly to changes in the law. Read More About Our Practice About this Blog It’s Just Business The Fox Legal Network Follow Us on Twitter Subscribe to this blog via RSS View Our LinkedIn Profile Privacy Notice Terms of Use About Our Firm Fox Rothschild LLP is a national law firm of 1000 attorneys in offices throughout the United States. We’ve been serving clients for more than a century, and we’ve been climbing the ranks of the nation’s largest firms for many years, according to both The Am Law 100 and The National Law Journal. 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