As a trial attorney for more than twenty (20) years, I regularly litigate matters in the Business Court, helping companies who have both been wronged and accused of wrong doing. As the office managing partner of Womble's Greensboro office, I am uniquely positioned to understand how litigation may impact a company.
Because a company’s preparation of financial records for a potential acquisition was not a part of its day-to-day business activities, its alleged falsification of the records could not support an unfair deceptive trade claim. Computer Design & Integration v. Brown, 2018 NCBC 128 (J. Bledsoe). Moreover, while North […]
While a company may appreciate the Business Court’s rules and seek its guidance and protection in certain tax-related matters, such appreciation and desires are not a sufficient basis upon which the Business Court can exercise jurisdiction. In re Summons Issued to Target Corp., 2018 NCBC 125. (J. Bledsoe). […]
In this modern world of globalization, the Internet and emails, the Business Court made clear that determining who initiated the first contact in a business deal gone bad can ultimately determine whether North Carolina can properly exercise jurisdiction over a foreign defendant. Capitala Group, LLC v. Columbus Advisory […]
In recently dismissing a group of shareholder derivative claims, the Business Court emphasized the importance of each shareholder making a proper, specific pre-suit demand on the corporation. Kane v. Moore, 2018 NCBC 120 and 2018 NCBC 124 (J. McGuire). If a shareholder did not make the proper demand, […]
Where an individual owes a fiduciary duty to his employer if the individual breaches that duty while working for a competitor, the competitor may be vicariously liable to the employer for the individual’s breach. Global Textile Alliance, Inc. v. TDI Worldwide, LLC, et al, 2018 NCBC 121. (J. […]
Phil Mohr authors the North Carolina Business Court Report, crafting engaging posts discussing how recent decisions from the North Carolina Business Court impact companies doing business in North Carolina. He is a Partner at Womble Bond Dickinson (US) LLP.
North Carolina Business Court Report 