Long time readers of this blog know that you can’t designate a case limited to a covenant not to compete to the Business Court. That’s the Lifecare case, from 2008, in which Judge Tennille said "every suit based upon a breach of a restrictive covenant . . . [will not] give rise to a mandatory
September 2012
COA Sets Aside $2.1 Million Unfair and Deceptive Practices Verdict Against Bank
By Mack Sperling on
Posted in Watching The Court
You all know that there is no Chapter 75 claim for a breach of contract unless there are "substantial aggravating circumstances." What if you have the substantial aggravating circumstances but you don’t have a breach of contract? The Court of Appeals answered that question Tuesday in SunTrust Bank v. Bryant/Sutphin Properties, LLC.
The answer…
Ethics And Email, From The NC State Bar
By Mack Sperling on
Posted in Professional Responsibility
The intersection of technology and the rules of ethics continues to develop. The NC State Bar has proposed a new FEO (2012 Formal Ethics Opinion 5), which deals with the interesting question of the attorney-client privilege of an employee’s emails to her personal lawyer that are on her employer’s email system.
If Your …