Ethical Pitfalls in Alternative Fee Arrangements Exposed

When a client cannot pay in cash, may an attorney accept other forms of payment such as an equity stake in the client’s business? Isn’t this a classic “win-win” scenario? In a warning for attorneys... Read More

How Do You Appeal a Business Court Designation, Anyway?

A few months ago, Hanesbrands Inc. sued a former executive to recover the value of certain stock units and options because of her alleged defection to a competitor.  Hanesbrands filed a “Notice of... Read More

Dan Horne Named New Clerk of Court for the North Carolina Court of Appeals

As noted Friday, the position of Clerk of Court for the North Carolina Court of Appeals was vacant over the weekend. The good news is that if you call today and ask for the Clerk, you will be directed to a... Read More

Happy Trails To You, John Connell!

As we previously noted, John Connell gave notice this summer  of his impending retirement as clerk of the North Carolina Court of Appeals.  Well, the day of reckoning for appellate practitioners has... Read More

Trending: Appellate Judges Use the Internet to Prepare Opinions

This week the Fourth Circuit joined a growing trend in acknowledging that its judges can, and sometimes do, look outside of the joint appendix/appellate record and Westlaw/Lexis for support for their... Read More

A Perfect Storm (Part II)—Yet Another Hidden Trap With The Business Court Modernization Act Emerges

Yesterday’s blog post focused on how the Business Court Modernization Act only applies to “actions designated as mandatory complex business cases on or after” October 1, 2014.  See Session Law... Read More

A Perfect Storm (Part I): How One Business Court Order’s Pathway To Appellate Review Is To Two Different Courts.

Over the past few months, we have shared several  potential problems created by the Business Court Modernization Act.  Nonetheless, we held a few potential traps close to our vest because, frankly, we were... Read More

Square Pegs and Round Holes: Getting Your Appeal Before the Court

You want to appeal an interlocutory order, and with great relief you find a case in which your legal issue affected a substantial right that allowed for such an appeal. Phew. You are in the clear,... Read More

Former Chief Justice James G. Exum Jr. Honored at Portrait Dedication

One of my favorite parts of this career is the opportunity it affords to work with the great legal minds of our time.  We are so fortunate here at SML to have one of those luminaries as a colleague and... Read More

Must a North Carolina Court Accept a Twombly-Based Federal Court Ruling as Preclusive on the Merits?

It is beyond dispute that a state court must accord full faith and credit to “the judicial proceedings of the federal courts.” Supreme Lodge, K.P. v. Meyer, 265 U.S. 30, 33 (1924). As a consequence,... Read More

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