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Silence as to Some Facts in a Complaint can be Golden | Fox Rothschild LLP

A dispute between co-owners of a trampoline park in Asheville came before the Business Court, appropriately enough, on defendants’ motion to bounce plaintiffs’ claims regarding...

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North Carolina Business Court's Recent Opinions on Advancements and Indemnification for Company Officials | Williams Mullen

Serving as a company official—whether an LLC manager or an officer or director of a corporation—can sometimes be a risky prospect. Company officials on occasion find themselves at the...

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Friends, Family, and Partnerships: a Litigation Tale as Old as Time | Fox Rothschild LLP

“Ray Reason, along with his aunt and uncle, decided to go into business with Gerald Barfield, a family friend who was a real estate developer.” When that’s a line in a holiday...

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Who Holds an LLC's "Cards"? | Fox Rothschild LLP

Mary Hartsell is a nurse practitioner who joined Mindpath Care Centers, North Carolina, PLLC in April 2001 as a member, minority interest holder, and employee. Mindpath provides mental...

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2022 Business Court CLE: What the Business Court Judges Want You to Know | Fox Rothschild LLP

On October 14, 2022, the Mecklenburg County Business Court CLE was back in person, with a full day of amazing presentations and, as is tradition, concluded with the panel of Business...

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Buyer Acquired Claims "of Any Kind," Including Seller's Charge that its Own President's Misconduct Forced a Sale at Suppressed Price | Fox Rothschild LLP

Robert Martin was the president of a medical device company, Vent Tech Corporation, during times that the company alleges he embezzled funds and through lax oversight allowed the...

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"As Is" Purchases of Commercial Property May Come with Limited Remedial Tools to Avoid Closing, Business Court Confirms | Fox Rothschild LLP

As failed commercial property deals go, the one at the heart of Miriam Equities, LLC v. LB-UBS-2007-C2 Millstream Road LLC, 2022 NCBC 3, was not outside the norm for a Business Court...

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Business Court Imposes Sanctions on Attorney-Litigant for Falsifying Evidence | Fox Rothschild LLP

Think back-dating that email will help your case? Think again. Ford v. Jurgens, 2022 NCBC Order 9 (N.C. Super. Ct. Feb. 16, 2022) involved a dispute between a nonprofit r...

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Swapping Litigation Horses Midstream is a Treacherous Course | Fox Rothschild LLP

At Least Make Sure You’re Still in the Water if you Must Try It- Sometimes, when discovery in a commercial case has been a mess, a party that imposes unusual roadblocks...

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The Trouble with Trebles | Fox Rothschild LLP

The CBD product market, by some estimates, could skyrocket to $19.5 billion by 2025. With farmers, manufacturers and distributors scrambling for a seat at this lucrative table, it’s not...

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