In keeping with the close watch that the Business Court keeps on developments in Delaware corporate law, we suggest a brief review of recent changes made by the Delaware legislature in an attempt to stem the exit of corporations seeking to recharter in other states. Our colleagues Andrew Santana and Kacey Fonner wrote about the
“WHERE is SECURITY???”
That’s what a patron of Northlake Mall and Northlake Commons reportedly asked in an online forum about safety concerns at these Mecklenburg County shopping venues. The plaintiff in Brown v. TM Northlake Mall, LP, 2025 NCBC 13, proposed that as a central issue for a retail area burdened with more than
By Jeff MacHarg and Camryn Rohr
To practitioners familiar with internal disputes involving closely held companies, the allegations in Lafayette Village Pub, LLC v. Burnham, 2025 NCBC 8, are nothing new. The member running the business (allegedly) made bad, self-interested decisions. The other members complained, and eventually litigation ensued.
Evaluating these disputes should almost
Only two months into 2025, and the Business Court has already denied two motions for leave to add claims to pierce the corporate veil. My fellow-Foxer, Brad Risinger reported here on the first opinion from Judge Earp in MD Claims Grp., LLC v. Bagley, 2025 NCBC 2. The very next day, in CTS Metrolina,
Ace Hardware was long advertised as “the place with the helpful hardware man,” but even well-stocked aisles of tools and DIY accessories have their limitations. In Pro-Tops, Inc. v. Yuriy Maksimenko, 2025 NCBC 4, it turned out that a private process server – decked out in a helpful-looking red vest or not – did
Each February, the North Carolina Administrative Office of the Courts publishes its Report on North Carolina Business Court. The Report includes data on case types, number of cases, pending motions, and average age, with comparisons to prior years. Here’s a quick recap of stats I found interesting:
New cases are up. New cases are
Matthew Bagley worked for a claims adjustment firm in Louisiana as its claims manager for nearly three years before resigning to, allegedly, improperly compete against his former employer, M.D. Claims Group. In M.D. Claims Grp., LLC v. Bagley, 2025 NCBC 2, several alleged events in the months following Bagley’s departure raised alarm with plaintiff
This lawsuit involves breach of a confidential settlement agreement. In motion briefing, both sides relied on and filed the subject agreement. Both sides also filed (unopposed) motions to seal it.
These two Orders from Judge Conrad (Interim Order, [Final] Order on Motions to Seal) again confirm that our Business Court Judges don’t
“[T]ime waits for no one,” sage Rolling Stones advice from 1974, doesn’t appear in Black’s Law Dictionary or result in frequent opinion cites for Keith Richards and Mick Jagger, the keen legal observers who wrote it. But it lurks just beneath the surface of many a contract, agreement, or law that defines when action must
In the complex world of “cap and trade” emissions regimes, acquiring credits to offset a company’s pollution portfolio requires decision makers to see the forest for the trees. And sometimes to buy the forest.
That’s what happened in LFF IV Timber Holding LLC v. Heartwood Forestland Fund IV, LLC, 2024 NCBC 58, where the
