Archive for January, 2026

N.C. Business Court Opinions, January 1, 2026 – January 13, 2026

By: Rachel Brinson

 

KJET Ventures, LLC v. Jamison, 2026 NCBC Order 1 (N.C. Super. Ct. Jan. 7, 2026) (Houston, J.)

Key Terms: public censure and admonishment; Rule 11 sanctions, order to show cause, criminal contempt; attorneys’ fees; withdrawal as counsel

As summarized here, the Court previously ordered Defendants’ attorney to appear and show cause why he should not be held in criminal contempt for repeated failures to comply with the Business Court Rules and orders of the Court. Following the show cause hearing, the Court determined, in its inherent discretion, that while the attorney’s conduct did rise to the level of criminal contempt, to instead sanction the attorney pursuant to Rule 11, to publicly censure and admonish the attorney, to refer the attorney to the North Carolina State Bar for appropriate proceedings, and to order the attorney to pay the Plaintiff’s reasonable attorneys’ fees associated with his improper conduct. The Court also granted the attorney’s motion to withdraw as counsel for the Defendants.

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Implus Footcare, LLC v. Vore, 2026 NCBC Order 2 (N.C. Super. Ct. Jan. 12, 2026) (Davis, J.)

Key Terms: motion for appointment of discovery referee; discovery disputes; Rule 53

Plaintiff sought appointment of a discovery referee to resolve pending or anticipated discovery disputes on the grounds that the disputes constitute long or complicated accounts pursuant to Rule 53(a)(2)a. Defendants did not consent to the appointment of a discovery referee and the Court determined that none of Rule 53’s compulsory appointment of referee provisions applied based on the present record and denied the motion.

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Lexington Ins. Co. v. State of N.C., 2026 NCBC Order 3 (N.C. Super. Ct. Jan. 12, 2026) (Houston, J.)

Key Terms: pro hac vice admissions; sua sponte; courtroom attire; signature block; N.C. Gen. Stat. § 84–4.1

The Court sua sponte issued this order to memorialize its instructions to counsel regarding out-of-state attorneys’ appearances and pro hac vice admissions. The Court noted that numerous out-of-state attorneys have appeared in this case either through filings or at hearings without having been admitted, or even filed motions to be admitted, pro hac vice. The Court reminded the out-of-state attorneys, and local counsel, of the statutory requirements to be admitted pro hac vice, to caution against the use of “pro hac vice forthcoming” disclaimers on signature blocks, and to remind counsel of appropriate courtroom attire and decorum during all court proceedings including remote hearings. The Court ordered all attorneys not licensed in North Carolina to submit pro hac applications within seven days or to otherwise file certifications confirming they do not intend to seek such admission and motions to withdraw any such appearances.

 

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The information in this article is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

Posted 01/13/26

RCD Announces Ashley Oldfield as Shareholder

Rayburn Cooper & Durham is pleased to announce that Ashley Oldfield has been named a shareholder of the firm.

Ashley’s practice focuses on business litigation, appeals, and bankruptcy. Her work includes handling matters relating to shareholder and member rights, trade secrets, fiduciary duties, unfair trade practices, commercial leases, real property, and homeowners’ associations. She also regularly provides pro bono legal services through Legal Aid and the Charlotte Center for Legal Advocacy.

Ashley oversees the firm’s Business Court Blast newsletter, which keeps hundreds of attorneys, judges, and other professionals across the state up to date on the latest opinions and orders from the North Carolina Business Court. She also contributes to the ABA’s Business Law Today and has been published in the Wake Forest Law Review and the Wake Forest Journal of Law and Policy.

In addition to her legal practice, Ashley is actively involved in her local and state bar associations. She currently serves on the Mecklenburg Bar Foundation’s Board of Directors and as the co-chair of the North Carolina Bar Foundation’s McIntyre Youth Leadership Challenge. Ashley is also a member of the Mecklenburg Bar Association’s Communications Committee and the North Carolina Bar Association’s Women in the Profession Committee.

The high quality of Ashley’s work and her dedication to professionalism and community involvement have earned her recognition among her peers and within the legal community. She has been recognized in Business North Carolina’s Legal Elite for the past three years and was named the Mecklenburg County Bar YLD’s Young Lawyer of the Year in 2023.

Ashley earned her J.D., with high honors, from Wake Forest University School of Law and her B.S., summa cum laude, in Literature and Biblical Studies from Johnson University. Prior to practicing law, Ashley taught high school English and worked in the accounting department of a law firm.

Posted 01/07/26

Seven RCD Attorneys Recognized in 2026 Business North Carolina’s Legal Elite

Seven attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers in Business North Carolina’s 2026 Legal Elite.

Scott Cooper – Business
Ross Fulton – Business; Litigation (Hall of Fame)
Kirk Hardymon – Litigation
Jack Miller – Bankruptcy
Ashley Oldfield – Young Guns
Rick Rayburn – Bankruptcy (Hall of Fame)
Matt Tomsic – Bankruptcy (Hall of Fame)

Legal Elite Methodology
Each year, Business North Carolina sends ballot notices to every member of the N.C. State Bar living in North Carolina — asking each a simple question: Of the Tar Heel lawyers whose work you have observed firsthand, whom would you rate among the current best in these categories? Voters are not allowed to vote for themselves. They may select members of their firms only if they pick out-of-firm lawyers in the same categories, with the latter votes weighted more heavily. Of the over 30,000 attorneys regulated by the N.C. State Bar, less than 1,100 made this year’s Legal Elite list.

About Rayburn Cooper & Durham, P.A. (RCD)
Rayburn Cooper & Durham helps both businesses and individuals with bankruptcy and financial restructuring, business litigation, and general corporate matters. The attorneys within the firm have extensive experience and provide creative solutions to help clients establish their enterprises, grow and prosper, and protect their rights, assets, and interests. Recognizing the unique needs of their clients, RCD does not represent large banks or financial institutions. RCD – The way forward.

Posted 01/02/26