The law firm Smith Moore Leatherwood has announced that it will merge with the national law firm Fox Rothschild effective Nov. 1. Smith Moore has six offices, including four in North Carolina, which will bear the Fox Rothschild name after ...

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The South Carolina-based firm of Nelson Mullins Riley & Scarborough, which also has a large presence in North Carolina, is expanding further into Florida by merging with Broad and Cassel, creating a firm with more than 725 attorneys practicing in ...

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Worley v. Moore (Lawyers Weekly No. 020-026-17, 65 pp.) (Gregory McGuire, J.) 2017 NCBC 15 Holding: The plaintiff-shareholders allege that the defendant-directors concocted and carried out a scheme to merge their company (Consert, Inc.) with another (Toshiba Corp.) so that ...

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Tong v. Dunn (Lawyers Weekly No. 020-046-16, 14 pp.) (James Gale, C.J.) 2016 NCBC 49 Holding: Regardless of whether plaintiffs’ breach of fiduciary duty claim arose when the board of directors approved the merger terms on June 16, 2008, or ...

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Womble Carlyle Sandridge & Rice, the largest law firm in North Carolina, has entered into a formal alliance with a U.K.-based firm that leaders say will better serve clients on both sides of the Atlantic. The alliance with Bond Dickinson, ...

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Comcast Corp. will buy Time Warner Cable Inc. for about $45.2 billion in a deal that would combine the nation's top two cable TV companies and create a dominant force in creating and delivering entertainment.

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TD Bank, N.A. v. Mirabella Where defendant’s promissory note promises to pay Carolina First Bank or Carolina First Bank’s order, and where the only evidence that plaintiff is entitled to collect on the note is in several merger documents which were only provided in the appendix of plaintiff’s appellate brief, there is a genuine issue of material fact as to whether plaintiff is entitled to collect on defendant’s note.

Tagged with: Banks & Banking Contract Merger negotiable instruments promissory note

Revolutionary Concepts, Inc. v. Clements Walker PLLC Although an inventor had assigned his patent rights to a Nevada corporation, a North Carolina corporation hired the defendant-law firm to apply for the patents. The Nevada corporation filed this action to assert its rights as assignee. Subsequently, the two corporations merged, with the Nevada corporation being the surviving entity. The Nevada corporation did not file a professional negligence action within the statute of limitations, and an amendment to its pleadings now would not relate back to the filing of this action.

Tagged with: Attorneys Civil Practice Corporate Intellectual Property Legal Malpractice Merger Pleadings Amendment Real Party in Interest Relation Back Tort/Negligence

Orban v. Wilkie After merging with a South Carolina bank, defendant TD Bank, N.A. became the owner of plaintiffs’ note and deed of trust by operation of South Carolina law; furthermore, TD Bank was not required to obtain a certificate of authority from the N.C. Secretary of State prior to conducting a foreclosure in North Carolina. We affirm the trial court’s denial of plaintiffs’ motion to enjoin the foreclosure sale.

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In re Foreclosure of Deed of Trust of Carver Pond I Ltd. Partnership When the holder of respondent’s note merged with Bank of America, Bank of America became the holder of respondent’s note. Furthermore, a receiver is not an agent of either party; therefore, the receiver’s failure to pay the mortgage is not attributable to Bank of America.

Tagged with: Banks & Banking Default foreclosure Merger mortgages Real Property