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. […]