Window World of Baton Rouge, LLC v. Window World, Inc.; Window World of St. Louis, Inc. v. Window World, Inc., 2022 NCBC 72 (N.C. Super. Ct. Nov. 10, 2022) (Bledsoe, C.J.) Key Terms: franchise; attorney-client privilege; crime-fraud exception; ex parte testimony; sanctions; adverse jury instructions; work-product doctrine Plaintiffs, franchisees of […]
Posted 12/07/22 in Business Court Blast, Legal Updates
Kelly v. Metro. Life Ins. Co., 2022 NCBC 70 (N.C. Super. Ct. Nov. 14, 2022) (Robinson, J.) Key Terms: automatic stay; summary judgment; Ponzi scheme; securities; fraud by omission; concealment; independent contractor; duty to speak; reasonable reliance; respondeat superior This case arose out of an alleged Ponzi scheme operated by […]
Posted 11/23/22 in Business Court Blast, Legal Updates
North Carolina ex rel. Stein v. Bowen, 2022 NCBC 64 (N.C. Super. Ct. Oct. 27, 2022) (Conrad, J.) Key Terms: personal jurisdiction; minimum contacts; specific jurisdiction; motion to dismiss Following the settlement of its 2019 lawsuit against JUUL Labs, Inc., the State of North Carolina filed suit against five officers […]
Posted 11/09/22 in Business Court Blast, Legal Updates
United Therapeutics Corp. v. Liquidia Techs., Inc., 2022 NCBC 59 (N.C. Super Ct. Oct. 13, 2022) (Earp, J.) Key Terms: trade secret misappropriation; UDTPA; in or affecting commerce; Rule 12(b)(6) Plaintiff, a biotech company, brought suit against Roscigno (a former executive) and Liquidia (a competing biotech company) for misappropriation of trade […]
Posted 10/26/22 in Business Court Blast, Legal Updates
Philip Morris USA, Inc. v. N.C. Dep’t of Revenue, 2022 NCBC 58 (N.C. Super. Ct. Sept. 29, 2022) (Earp, J.) Key Terms: judicial review; final agency determination; N.C.G.S. § 105-130.45; tax credit; cigarette exportation; Export Credit; generate; statutory interpretation; plain language; legislative intent The dispute at its core is over […]
Posted 10/12/22 in Business Court Blast
Total Merch. Servs., LLC v. TMS NC, Inc., 2022 NCBC 51 (N.C. Super. Ct. Sept. 19, 2022) (Bledsoe, C.J.) Key Terms: sanctions; show cause hearing; preliminary injunction; attorneys’ fees In a previous order entered August 30, 2022, the Court concluded that sanctions should be awarded against Defendants for their egregious […]
Posted 09/28/22 in Business Court Blast, Legal Updates
Brenner v. Hound Ears Club, Inc., 2022 NCBC 47 (N.C. Super. Ct. Sept. 1, 2022) (Bledsoe, C.J.) Key Terms: voluntary association; bylaws; Nonprofit Corporation Act Defendant is a non-profit corporation which owns and operates a private club for the purpose of running a gated subdivision with amenities. Property owners and […]
Posted 09/14/22 in Business Court Blast, Legal Updates
KNC Techs., LLC v. Tutton, 2022 NCBC Order 50 (N.C. Super. Ct. Aug. 17, 2022) (Davis, J.) Key Terms: Rule 38; Rule 39; right to jury trial; waiver Upon its own motion, the Court addressed whether a jury trial was appropriate. Neither party had requested a jury trial in their […]
Posted 08/31/22 in Business Court Blast, Legal Updates
On August 10, 2022, the North Carolina Business Court released three Orders of Significance in In re Southeastern Eye Center-Pending Matters and In re Southeastern Eye Center-Judgments. This litigation was initiated in 2012, resulting in a number of opinions and orders from the Court. The Orders released on August 10 […]
Posted 08/19/22 in Legal Updates
The Best Lawyers in America® recognized two Rayburn Cooper & Durham attorneys in its 2023 edition. Rick Rayburn is listed by Best Lawyers in the areas of: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Bet-the-Company Litigation Commercial Litigation Corporate Law Rayburn has served as the managing shareholder […]
Posted 08/18/22 in Honors and Awards
The Mecklenburg County Bar has selected RCD associate Matt Tomsic for the 2022 Bar Leadership Institute (BLI). BLI, in its 20th year, identifies and develops leaders for the Mecklenburg County Bar and Foundation by providing participants opportunities to develop their personal leadership potential and skills; become aware of leadership opportunities with […]
Posted 04/01/22 in Uncategorized
Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys in the firm have been selected for inclusion in 2022 North Carolina Super Lawyers®: 2022 North Carolina Super Lawyers Scott Cooper – Business/Corporate Al Durham – Bankruptcy Ross Fulton – Business Litigation Kirk Hardymon – Business Litigation […]
Posted 01/18/22 in Honors and Awards
Seven attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2022 “Legal Elite” in Business North Carolina Magazine’s annual list. Scott Cooper – Corporate Al Durham – Bankruptcy Ross Fulton – Litigation Kirk Hardymon – Litigation Jack Miller – Bankruptcy Matt Tomsic – Young Guns […]
Posted 01/07/22 in Honors and Awards
U.S. News has recognized Rayburn Cooper & Durham, P.A., in its annual Best Law Firm Awards, ranking RCD regionally in the following practice areas: RCD ranked in Tier 1 for Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law; in Tier 1 for Corporate Law; in Tier 2 for Commercial Litigation and […]
Posted 11/08/21 in Uncategorized
The Best Lawyers in America® recognized two Rayburn Cooper & Durham attorneys in its 2022 edition. Rick Rayburn is listed by Best Lawyers in the areas of: • Corporate Law • Bet-the-Company Litigation • Commercial Litigation • Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law. Mr. Rayburn has served as […]
Posted 08/23/21 in Honors and Awards
Five attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2021 “Legal Elite” in Business North Carolina Magazine’s annual list. Scott Cooper – Business Al Durham – Bankruptcy Ross Fulton – Business and Litigation Jack Miller– Bankruptcy In addition, Rick Rayburn previously received the distinction […]
Posted 02/01/21 in Uncategorized
Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys in the firm have been selected for inclusion in 2021 North Carolina Super Lawyers®: 2021 North Carolina Super Lawyers Scott Cooper – Business/Corporate, Mergers & Acquisitions, Securities & Corporate Finance Al Durham – Bankruptcy Ross Fulton […]
Posted 01/13/21 in Honors and Awards
U.S. News has recognized Rayburn Cooper & Durham, P.A., in its annual Best Law Firm Awards, ranking RCD regionally in four practice areas. RCD ranked in Tier 1 for Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law; in Tier 1 for Corporate Law; in Tier 2 for Commercial Litigation; and in […]
Posted 12/01/20 in Honors and Awards
The Best Lawyers in America® recognized four Rayburn Cooper & Durham attorneys in its 2021 edition, in several categories listed below spanning RCD’s business litigation and business bankruptcy practice areas. Rick Rayburn is listed by Best Lawyers® in the areas of: • Corporate Law • Bet-the-Company Litigation • Commercial Litigation […]
Posted 08/20/20 in Honors and Awards
Rayburn Cooper & Durham, P.A. is pleased to announce that the following attorneys in the firm have been selected for inclusion in 2020 North Carolina Super Lawyers®: 2020 North Carolina Super Lawyers Scott Cooper– Business & Corporate Al Durham – Bankruptcy Ross Fulton – Business Litigation James Gatehouse – […]
Posted 02/13/20 in Honors and Awards
Four attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2020 “Legal Elite” in Business North Carolina Magazine’s annual list. Ross Fulton – Litigation James B. Gatehouse– Litigation Jack Miller – Bankruptcy In addition, Rick Rayburn previously received the distinction of being named to […]
Posted 01/09/20 in Honors and Awards
U.S. News has recognized Rayburn Cooper & Durham, P.A., in its annual Best Law Firm Awards, ranking RCD regionally in four practice areas. RCD ranked in Tier 1 for Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law; in Tier 1 for Corporate Law; in Tier 2 for Commercial Litigation; and in […]
Posted 11/21/19 in Honors and Awards
The Best Lawyers in America® recognized three Rayburn Cooper & Durham attorneys in its 2019 edition. Rick Rayburn is listed by Best Lawyers in the areas of: Corporate Law Bet-the-Company Litigation Commercial Litigation Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law. Rayburn has served as the managing shareholder of […]
Posted 07/19/19 in Uncategorized
Four attorneys from Rayburn Cooper & Durham, P.A. have been recognized by their peers as 2019 “Legal Elite” in Business North Carolina Magazine’s annual list. Ross Fulton – Litigation James Gatehouse – Business Jack Miller – Bankruptcy In addition, Rick Rayburn previously received the distinction of being named […]
Posted 07/08/19 in Honors and Awards
Rayburn Cooper & Durham, P.A. is pleased to announce that six partners in the firm have been selected for inclusion in 2019 North Carolina Super Lawyers®: 2019 North Carolina Super Lawyers Scott Cooper – Business/Corporate Albert Durham – Bankruptcy, Business Ross Fulton – Business Litigation, General Litigation, Employment Litigation […]
Posted 06/28/19 in Honors and Awards