Author Archives

Philip Mohr

A Statutory Inspection Claim Need Not Be Brought In The Foreign Company’s Home Jurisdiction, Even If That Foreign Jurisdiction Is Delaware

Where a partner seeks to enforce his statutory right to inspect a foreign partnership’s records, the claim is one of those types that need not be brought in the partnership’s home jurisdiction.  Albright v. Vining-Sparks Securities, Inc., et al., 2019 NCBC 80 (J.Gale).  As a result, Plaintiff’s claim […]

Who Gets To Decide Whether Class Arbitration Is Available? It Just Might Be The Arbitrator

Where an agreement provides that “any dispute… arising out of the agreement” would be settled by binding arbitration in accordance with “the Rules of the American Arbitration Association,” such language provides “clear and unmistakable evidence” of the parties’ agreement to delegate certain substantive issues—like the availability of class […]

Does Defendant’s “Learned Profession” Preclude A Chapter 75 Claim? Consider A Common Law Claim of Unfair Competition As A Workaround

Where a claim for unfair or deceptive trade practices pursuant to N.C.G.S. §75-1.1, et al. (“UDTP”) would be barred because a defendant qualifies under the statute’s “learned profession” exception, such exception is not applicable to a plaintiff’s common law claim of unfair competition against the same defendant.  Southeast […]