N.C. Business Court Opinions, March 26, 2025 – April 8, 2025

By: Austin Webber   Rodriguez v. FastMed Urgent Care, Inc., 2025 NCBC 15 (N. C. Super. Ct. Mar. 25, 2025) (Davis, J.) Key Terms: Rule 12(b)(6); common law negligence; emotional distress; economic injury Plaintiff Jackelyn Rodriguez initiated this putative class action, asserting claims for violation of the N.C. Electronic Surveillance […]

Posted 04/08/25 in Business Court Blast

N.C. Business Court Opinions, March 12, 2025 – March 25, 2025

By: Lauren Schantz   Hart v. First Oak Wealth Mgmt., LLC, 2025 NCBC 11 (N.C. Super. Ct. Mar. 14, 2025) (Earp, J.) Key Terms: summary judgment; accredited investor; (un)registered investment adviser; private equity investments; conflict of interest; regulatory agency investigation; consent order; North Carolina Investment Advisers Act; statute of limitations; […]

Posted 03/26/25 in Business Court Blast

N.C. Business Court Opinions, February 12, 2025 – February 25, 2025

By: Rachel Brinson Water.io Ltd v. Sealed Air Corp, 2025 NCBC 5 (N.C. Super. Ct. Feb. 19, 2025) (Conrad, J.) Key Terms: motion to dismiss; breach of contract; repudiation; nonperformance; counterclaims; implied covenant of good faith and fair dealing; UDTP; N.C.G.S. § 75-1.1; Rule 12(b)(6); statute of limitations; N.C.G.S. § […]

Posted 02/25/25 in Business Court Blast

Six RCD Attorneys Named as 2025 Super Lawyers®

  Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys in the firm have been selected for inclusion in 2025 North Carolina Super Lawyers®:   2025 North Carolina Super Lawyers Al Durham – Bankruptcy Business Ross Fulton – Business Litigation Kirk Hardymon – Business Litigation Jack […]

Posted 02/20/25 in Honors and Awards, News

N.C. Business Court Opinions, January 29, 2025 – February 11, 2025 

By: Natalie E. Kutcher CTS Metrolina, LLC v. Berastain, 2025 NCBC 3 (N.C. Super. Ct. Feb. 4, 2025) (Earp, J.) Key Terms: motion to dismiss; Rule 12(b)(6); unfair and deceptive trade practices act; tortious interference; misappropriation of trade secrets; computer trespass; N.C.G.S. 14-458(a); vicarious liability; declaratory judgment; civil conspiracy As […]

Posted 02/11/25 in Business Court Blast

Seven RCD Attorneys Named to 2025 Business North Carolina’s Legal Elite – 3 Attorneys in the “Hall of Fame” in Their Respective Categories

  Seven attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2025 “Legal Elite” in Business North Carolina Magazine’s annual list. Scott Cooper – Corporate Ross Fulton – Litigation (Hall of Fame); Appellate Kirk Hardymon – Litigation Jack Miller – Bankruptcy Ashley Oldfield – Young […]

Posted 01/16/25 in Honors and Awards, News

N.C. Business Court Opinions, December 30, 2024 – January 14, 2025

By: Lauren Schantz Maxwell Foods, LLC v. Smithfield Foods, Inc., 2024 NCBC 89 (N.C. Super. Ct. Dec. 30, 2024) (Conrad, J.) Key Terms: hogs; summary judgment; breach of contract; most-favored-nation clause; output contract; force majeure; Covid-19 pandemic; UCC Article 2; contract interpretation; statute of limitations; repudiation; anticipatory breach; impracticability; good-faith […]

Posted 01/14/25 in Business Court Blast

N.C. Business Court Opinions, December 18, 2024 – January 1, 2025

By: Ashley Oldfield and Austin Webber In re Se. Eye Ctr. (Pending Matters); In re Se. Eye Ctr. (Judgments), 2024 NCBC 83 (N.C. Super. Ct. Dec. 19, 2024) (Bledsoe, C.J.) Key Terms: receivership; N.C.G.S. § 1-507.6; Rule 12(b)(1); Rule 12(h)(3); subject matter jurisdiction This action represents a long-running group of […]

Posted 12/31/24 in Business Court Blast

N.C. Business Court Opinions, November 27, 2024 – December 17, 2024

By: Rachel Brinson, Ashley Oldfield, and Natalie Kutcher   Howard v. IOMAXIS, LLC, 2024 NCBC 76 (N.C. Super. Ct. Nov. 27, 2024) (Earp, J.) Key Terms: motion to dismiss; Rule 12(b)(6); Rule 12(b)(2); Rule 12(b)(1); specific jurisdiction; corporate successors; successor jurisdiction; standing; breach of contract; breach of covenant of good […]

Posted 12/18/24 in Business Court Blast

N.C. Business Court Opinions, November 20, 2024 – November 26, 2024

By: Ashley Oldfield Miller v. RedGoose, LLC, 2024 NCBC 74 (N.C. Super. Ct. Nov. 26, 2024) (Davis, J.) Key Terms: motion to dismiss; fraud; computer trespass; N.C.G.S. § 14-458; tortious interference with contract, UDTP Plaintiff Miller initiated this suit against his former employer, Defendant RedGoose, alleging claims under the N.C. […]

Posted 11/26/24 in Business Court Blast

N.C. Business Court Opinions, October 23, 2024–November 19, 2024

By: Natalie E. Kutcher Honeywell Safety Prods. USA, Inc. v. SVS LLC, 2024 NCBC 71 (N.C. Super. Ct. Nov. 14, 2024) (Conrad, J.) Key Terms: motion to dismiss; Rule 12(b)(6); repudiation; UCC; N.C.G.S. § 25-2-609; adequate assurance This case arises from Honeywell’s agreement to supply nitrile gloves to S2S Global. […]

Posted 11/20/24 in Business Court Blast

Al Durham Presents at the NCBA’s 47th Annual Bankruptcy Institute

Al Durham recently presented on “Professional Wisdom” at the NCBA’s 47th Annual Bankruptcy Institute held in Wrightsville Beach, NC. Al was joined by Keith Johnson of R. Keith Johnson, PA and Dirk Siegmund of Ivey McClellan Siegmund Brumbaugh & McDonough LLP. They shared insights into enduring principles of professionalism and […]

Posted 11/19/24 in Events, News

Ashley Oldfield Presents at 12th Annual North Carolina Business Court CLE

Rayburn Cooper & Durham associate Ashley Oldfield recently presented “Eyeing the Competition: Non-Competes, Trade Secrets, and the FTC’s Proposed Non-Compete Rule” at the Mecklenburg Bar Association’s 12th Annual North Carolina Business Court CLE held in Charlotte, NC. Ashley was joined by Katie Burchette of Johnston Allison Hord to discuss the […]

Posted 11/13/24 in Events, News

N.C. Business Court Opinions, October 9, 2024 – October 22, 2024

By: Lauren Schantz Egan v. Buena Vista, Inc., 2024 NCBC 69 (N.C. Super. Ct. Oct. 9, 2024) (Earp, J.) Key Terms: motion to enforce settlement agreement; criminal prosecution; representations of counsel; contract formation; attorney communications with client; authority to settle; sanctions; BCR 7.2 Plaintiff Michael Egan and Defendant Timothy Anderson […]

Posted 10/22/24 in Business Court Blast

N.C. Business Court Opinions, August 28, 2024 – September 10, 2024

By: Natalie Kutcher Intersal, Inc. v. Wilson, 2024 NCBC 56 (N.C. Super. Ct. Aug. 30, 2024) (Earp, J.) Key Terms: pirate ship; summary judgment; Emoluments Clause; North Carolina State Constitution; Monopolies Clause; Umstead Act; N.C. Gen. Stat. § 143-162.2 As summarized here, this case arises from a series of agreements […]

Posted 09/11/24 in Business Court Blast

N.C. Business Court Opinions, August 14, 2024 – August 27, 2024

By: Lauren Schantz ALCOF III NUBT, L.P. v. Chirico, 2024 NCBC 52 (N.C. Super. Ct. Aug. 21, 2024) (Conrad, J.) Key Terms: failure to state a claim; fraudulent omission; duty to disclose; officer; affirmative acts; silence Plaintiffs, investors in Avaya, Inc., brought suit against three of Avaya’s officers, alleging that […]

Posted 08/27/24 in Business Court Blast

Best Lawyers® Recognizes Rick Rayburn and Jack Miller

  The Best Lawyers in America® recognized two Rayburn Cooper & Durham attorneys in its 2025 edition.   Rick Rayburn is a “Lawyer of the Year” recipient in the 2025 edition of The Best Lawyers in America®! “Lawyer of the Year” is awarded to only one lawyer per region and […]

Posted 08/21/24 in Honors and Awards, News

N.C. Business Court Opinions, July 31, 2024 – August 13, 2024

By: Ashley Oldfield United Therapeutics Corp. v. Liquidia Techs., Inc., 2024 NCBC 47 (N.C. Super. Ct. July 31, 2024) (Earp, J.) Key Terms: summary judgment; trade secret misappropriation; reasonable measures; three-year restriction Plaintiff, a biotech company, brought suit against Roscigno (a former executive) and Liquidia (a competing biotech company) for […]

Posted 08/14/24 in Business Court Blast

N.C. Business Court Opinions, July 17, 2024 – July 30, 2024

Langley v. Autocraft, 2024 NCBC 45 (N.C. Super. Ct. July 23, 2024) (Earp, J.) Key Terms: breach of contract; summary judgment; illusory consideration Prior to beginning his employment with Autocraft, Plaintiff and Autocraft’s principal executed an agreement regarding the terms of Plaintiff’s employment. The agreement provided, among other terms, that […]

Posted 07/30/24 in Business Court Blast

N.C. Business Court Opinions, July 3, 2024 – July 16, 2024

By: Ashley Oldfield and Jack Reynolds Atl. Coast Conf. v. Clemson Univ., 2024 NCBC 44 (N.C. Super. Ct. July 10, 2024) (Bledsoe, C.J.) Key Terms: motion to stay; first-filed; sovereign immunity; waiver; personal jurisdiction; declaratory judgment; justiciable controversy; implied covenant of good faith and fair dealing; fiduciary duty Following the […]

Posted 07/16/24 in Business Court Blast