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Attorneys – Attorney-Client Privilege – Civil Practice – Discovery – First Contact
The date on which plaintiffs first contacted their attorney was not a communication to an attorney, made in confidence, that related to the matter about which the attorney was being […]
Attorneys – Creditor entitled to attorneys’ fees incurred after bankruptcy petition was filed
Where a debtor agreed to pay attorneys’ fees incurred in attempts to recover money owed under a loan in a contract signed prior to his filing for bankruptcy, the creditor […]
Attorneys – Qui Tam Action – Relator – Conversations with Co-Workers
In this action under the False Claims Act, the relator’s counsel suggested that the relator take notes about his conversations with co-workers, and relator gave those notes to counsel. The […]
Attorneys – Fees – Breach of Contract – Additional Claims – Common Facts
The winner of a breach of contract claim can recover attorneys’ fees as set out in the contract. The winner can also recover the fees it incurred in successfully pursuing […]
Attorneys – Fees – Corporate Merger – Supplemental Disclosures – Reduced Award
The claims in this challenge to a corporate merger could have been adequately and effectively prosecuted by North Carolina counsel experienced in complex litigation of this type. The materiality of […]
Attorneys – Georgia Lawyer – Unauthorized Practice of Law – Pro Hac Vice Application
The court suspects that a Georgia lawyer engaged in the unauthorized practice of law by ghostwriting the plaintiff-corporation’s proposed pretrial order and its trial brief. The court denies the lawyer’s […]
Attorneys – Fees – Corporate Merger – Class Action Settlement – Disclosure Only – Expenses
Plaintiffs’ class action lawsuits challenging a merger between Krispy Kreme Doughnuts, Inc., and JAB Beech, Inc., resulted in supplemental disclosures to shareholders, and the court finds the materiality of those […]
Attorneys – Sanctions – Rule 11 – Improper Purpose – Attorney-Client Relationship – Increased Costs
The trial court’s findings support its conclusion that this Orange County lawsuit was filed for the improper purpose of driving a wedge between defendants and their attorneys in a previously […]
Attorneys – Attorney-Client Privilege – Insurance – Bad Faith Claim – Claim Files – Certified Question
Because plaintiffs established a prima facie case of bad faith failure to insure, and because the defendant-insurer in its answer denied bad faith liability, the district court ruled that […]
Attorneys – Tort/Negligence – Legal Malpractice Claim – Domestic Relations – Equitable Distribution – Hidden Assets
Where neither the plaintiff-wife’s accountant nor her fraud examiner located any marital assets secreted by the husband, the defendant-attorney did not commit legal malpractice when, at the hearing on the […]
Attorneys – Agency – Settlement & Absconding – Accord & Satisfaction – Auto Accident
After plaintiff was seriously injured in an auto accident, she may not have specifically authorized her attorney to settle for the liability limits of the other driver’s auto insurance, but […]
Attorneys – Tort/Negligence – Legal Malpractice – Breach of Fiduciary Duty – In pari delicto – Aiding & Abetting – Corporate – Agency
While the plaintiff-corporation’s directors were allegedly looting the corporation (Zloop) for personal benefit, their fraud benefitted Zloop by allowing it to temporarily remain in business and to obtain franchises and […]
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Legal Tech
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Commentary
- Legally Speaking: How communication failures turn disputes into lawsuits
- We tore out our own backup generator
- When is a PIP an adverse employment action?
- Legally Speaking: What spring can teach us about active listening
- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
- The third option: Why your best employees are quietly losing their edge
- AI divorce is real, but family law can still save itself
