NC Fiduciary Litigation Commentary
When legendary actress and director Diane Keaton passed away on October 11, 2025, the world mourned the loss of one of Hollywood’s most distinctive talents. Known for her wit, style, and timeless roles in Annie Hall, Father of the Bride, and The First Wives Club, Keaton was also a devoted animal lover. Her beloved Golden…
A $500 million fortune. A mysterious will. And a stunned family left scrambling to understand what’s real. That’s the current saga surrounding late Zappos founder Tony Hsieh’s estate. Hsieh’s relatives believed he died without a will — until a man named Kashif Singh suddenly appeared, claiming he found one among his late grandfather’s belongings. The…
When conflicts arise — whether between business partners, shareholders, or family members — most people imagine the dispute heading straight for the courtroom. But in North Carolina, not every case needs to end in trial. In fact, the vast majority do not, even after a lawsuit is filed. Mediation offers an alternative path to resolution:…
Losing a case can feel final, but in North Carolina you often have the right to appeal. An appeal is not a new trial with new witnesses or evidence. Instead, it’s a review by a higher court to see if the trial judge made a legal error that changed the outcome. The appellate court’s job…
Securing a judgment in court is only half the battle—collecting on it is where the real work begins. A judgment is a legal determination that money is owed, but courts don’t automatically ensure payment. Instead, judgment creditors must use specific legal tools to enforce the judgment and recover what they are owed. In North Carolina,…
In most states, marital infidelity is seen as a private matter with no legal remedy. North Carolina, however, is one of the few jurisdictions that still recognizes two unique causes of action: alienation of affection and criminal conversation. These claims, sometimes dubbed “heart balm torts,” allow a spouse to sue a third party — often…
When family members or business partners own property together, disagreements often arise about how that property should be managed—or whether it should be sold. In North Carolina, when co-owners can’t agree, the law provides a solution through what’s called a partition proceeding. Partition actions allow a co-owner to ask the court to divide the property…
The 1985 Delaware Supreme Court case Smith v. Van Gorkom reshaped corporate law by redefining how courts view directors’ duty of care. The issue was a rushed decision by TransUnion’s board, led by CEO Jerome Van Gorkom, who proposed selling the company to Jay Pritzker for $55 per share. Though the offer appeared favorable on…
The North Carolina Business Court’s decision in Qian v. Zheng (2025 NCBC 46) offers a striking look at fiduciary duty disputes, internal governance battles, and the challenges of managing immigrant investor funds. The case centers on Carolina Sawmills, L.P. (“CSLP”), a North Carolina limited partnership that raised $75.5 million from 151 Chinese investors through the…
When we talk about “fiduciary duty,” we usually refer to a relationship where one party is legally obligated to act in the best interest of another—such as a trustee managing a trust. But in today’s digital age, a new question is emerging: Should online platforms like Google and Facebook be held to a similar standard…