Where a business learns about an employee’s then-existing non-compete and non-solicitation agreements after hiring him, the business’ continued employment of the individual—albeit, in violation of the agreements—does not induce the individual to violate the agreements. Charah, LLC v. Sequoia Services, LLC, 2019 NCBC 17 (J. Robinson). As a […]
Where a buyer purchases a business through an asset purchase sale, any then-existing employment agreements do not apply to activities beyond the sale date. Addison Whitney, LLC v. Brannon Cashion, et al, 2019 NCBC 16 (J. Conrad). As a result, Plaintiff could not maintain claims for breach of […]
Where a business declines to renew an employment contract, such action does not give rise to an at-will employment relationship. Kelley v. Charlotte Radiology, P.A., 2019 NCBC 14 (J. Conrad). Because no at-will employment relationship existed, a spurned employee cannot maintain a claim for wrongful discharge. Plaintiff was […]
Where a plaintiff has no ownership interest in assets that a defendant fraudulently transfers, a public registration of the new ownership interest is insufficient to put the plaintiff on notice of the improper transfer. Window World of Baton Rouge, LLC, et al v. Window World, Inc., et al, […]
Despite the Legislature’s latest amendment pronouncing a director’s compensation “for services in any capacity” to be presumptively fair, the presumption only applies to compensation given a director in her capacity as a director. Ehmann v. Medflow, Inc., 2019 NCBC 9 (J. Gale). A director’s compensation for other services […]
An operating agreement’s attempt to prevent a member of an LLC from seeking her statutory right of dissolution is unenforceable. Slaughter v. Winner Enterprises of Carolina Beach, LLC, 2019 NCBC 1 (J. McGuire). But in order to have standing to seek a dissolution, the member must be an […]
While acknowledging that North Carolina has not yet recognized that a broker-dealer, as a matter of law, owes fiduciary duties to their investors, a fiduciary relationship might nonetheless arises as a matter in fact (de facto) based, in part, on the fact that the company’s name contains the […]
Where a matter is transferred to the Business Court, the judge taking over the case is not considered the same judge for purposes of reconsidering orders entered by the prior judge. Price v. Carlson, 2018 NCBC 133 (J. Bledsoe). Just like matters in the General Court of Justice […]
Where one’s contractual obligation to give notice before terminating employment might not be against public policy, the employer’s failure to insist on the notice might waive both the requirement for notice and any loss associated with the failure to give proper notice. Tumlin v. Tuggle Duggins, 2018 NCBH […]
An owner’s post-sale contractual obligation to collect and deposit his company’s outstanding accounts receivable into the buyer’s designated bank account did not mean the owner was acting in a fiduciary capacity, according to the Business Court. Dunn Holdings I, Inc. v. Confluent Health, LLC, 2018 NCBH 126 (J. […]
Philip Mohr