Blog: It's Just Business
Jeff is a regular contributor to the firm's It's Just Business blog, providing analysis of important rulings issued by the North Carolina Business Court. Staying on top of these cases – as well as other appellate and federal court decisions – is essential for companies that need to anticipate and respond quickly to changes in the law.
Recent Blog Posts
Two business court rulings offer insights on trade secret pleadings, employment agreements, and credibility
By Jeff MacHarg and Camryn Rohr. Maven Advantage, Inc. and Square One Storm Restoration, LLC are competing roofing businesses. Maven alleged that two employees (Couch and Daniels) stole Maven’s trade secrets (customer lists) and then quit to work for Square One. According to Maven, Couch and Daniels used Maven’s customer lists and unlawful tactics... Continue Reading…More
A(nother) Cautionary Tale on the Importance of Operating Agreements
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 always... Continue Reading…More
Want to pierce the corporate veil? Plead facts, not just factors.
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, LLC... Continue Reading…More
Productivity and Progress: Recap of the 2024 Business Court Report and Some Civics
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 up... Continue Reading…More
No rubber stamps here. Judge Conrad denies a motion to seal.
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 own rubber stamps. ... Continue Reading…More
When Serving Pleadings by FedEx, Use the Right One.
A party trying to serve their pleading used FedEx, but not the right FedEx. Turns out there are a slew of similarly-named FedEx’s, but only certain ones are approved “designated delivery services” under Rule 4. They used “FedEx Express Saver,” but Express Saver is not on the approved list. The targets moved to dismiss under... Continue Reading…More
(Apparent) Litigation by Ambush is Not a Good Tactic in the Business Court
Jeff MacHarg and Alexandra Hirsch Prevailing at summary judgment is rare. Prevailing when there are competing motions on the same issue (fraud) is even rarer. In this opinion, Judge Davis granted the Defendants’ motion and denied the Plaintiff’s, ending the lawsuit. It includes good lessons on the importance of pleadings, the need to present... Continue Reading…More
Denied! Judge Davis rejects a “half-hearted” approach to obtaining a preliminary injunction
Jeff MacHarg and Alexandra Hirsch To secure a preliminary injunction, a party must present evidence of two things, and fast: (1) likelihood of success on the merits; and (2) irreparable harm. In this recent Order of Significance (denying a preliminary injunction), Judge Davis was able to skip over ‘success on the merits’ because he found... Continue Reading…More
No lawyer, no problem. Justice will still be served.
By Jeff MacHarg and Camryn Rohr. Judge Conrad’s Final Judgment in Airtron, Inc. v. Bradley Allen Heinrich ends this years-long Chapter 75, trade secret case. No doubt, the plaintiff (Airtron) pushed this lawsuit to make a point: if you take our secrets, we will come after you, and we won’t stop until justice is done. ... Continue Reading…More
Prove it! Lessons learned from recent N.C. Business Court rulings on fee petitions.
By Jeff MacHarg and La-Deidre Matthews. Every litigant wants their attorneys’ fees, but actually recovering them in North Carolina is rare. Fee recovery must be authorized by rule or statute, and fees must be “reasonable.” Some of our prior posts dealt with statutory authorization and entitlement. Here, we skip over entitlement and focus on the... Continue Reading…More
