North Carolina Lawyers Weekly

Apr 28, 2026

Corporate – Misappropriation of Trade Secrets – Breach of an Employment Agreement

The complaint plausibly alleged that the defendant misappropriated trade secrets and breached his employment agreement by using confidential information to form a competing business, thereby supporting claims for breach of […]

Mar 10, 2026

Corporate – Breach of Contractual Duties – Piercing the Corporate Veil

The Court found no basis to pierce Nominal Defendant’s corporate veil in an effort to reach the individual Defendant. The Court granted in part and denied in part Defendants’ and […]

Mar 10, 2026

Corporate – Judicial Dissolution – Shareholder Agreement

The complaint, read alongside the Shareholder Agreement, fails to state a viable claim for judicial dissolution. We modified and affirmed the Business Court’s dismissal of plaintiffs’ judicial dissolution claim. We […]

Mar 10, 2026

Corporate – Derivative Demand Prerequisite to Suit – Subject Matter Jurisdiction

Plaintiffs have not adequately pleaded that the Adviser received a material benefit from a transaction such that a derivative demand made on it would have been futile. The Court granted […]

Mar 6, 2026

Corporate – Breach of Fiduciary Duty – De Jure or De Facto Fiduciary Relationship

No de jure or de facto fiduciary relationship exists between managers at the company’s management committee and the limited partnership. The Court granted the Individual Defendants’ motion to dismiss Plaintiff’s […]

Mar 6, 2026

Corporate – Breach of Fiduciary Duty – Breach of a Shareholder Agreement

Allegations that Defendant took action to benefit himself at Plaintiffs’ expense are sufficient to state a claim for breach of fiduciary duty. The Court granted in part and denied in […]

Feb 26, 2026

Corporate – Chapter 75 Regulation – Breach of an Operating Agreement

Defendants’ alleged unfair or deceptive conduct falls outside the scope of N.C. Gen. Stat. §75-1.1. The Court granted Defendants’ partial motion for judgment on the pleadings. Defendant operates and finances […]

Feb 26, 2026

Corporate – Motion to Strike – Misappropriation of Trade Secrets

The counterclaim’s background allegations posed no real prejudice to Plaintiff. The Court denied Plaintiff’s motion to strike. Plaintiff BioSkryb Genomics moved to strike over 60 paragraphs in the answer and […]

Feb 26, 2026

Corporate – Breach of Fiduciary Duty – Demand Futility

Individual Defendants are not in a de jure or de facto fiduciary relationship with the nominal Defendant or its limited partners and, therefore, cannot be liable for breach of fiduciary […]

Feb 26, 2026

Corporate – North Carolina Business Corporation Act – Derivative Proceeding

Plaintiff lacks standing to pursue a derivative action on her corporation’s behalf. The Court granted in part and denied in part Defendant’s motion to dismiss. The parties are the sole […]

Feb 24, 2026

Corporate – Breach of Fiduciary Duty – Demand Futility

Voluntary dismissal without prejudice would not be in defendant private equity growth fund’s best interests, whether to permit Plaintiff to articulate other allegations or otherwise. The Court denied Plaintiffs’ motion […]

Feb 24, 2026

Corporate – Fraudulent Concealment – Duty to Disclose

Plaintiff’s allegations do not show Defendant had a duty to disclose information he is supposed to have fraudulently concealed. The Court granted Defendant’s motion to dismiss. In 2016, Plaintiffs invested […]