NC Fiduciary Litigation Commentary

Lord & Lindley - Lawyers in Charlotte NC

The Importance of Making an Informed Decision: What We Can Learn from Smith v. Van Gorkom

September 4, 2025

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…

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Power Struggles, EB-5 Investments, and Fiduciary Duties: Qian v. Zheng

August 29, 2025

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…

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Information Fiduciaries

Navigating Data Protection Today: Should Third Party Platforms be ‘Information Fiduciaries?’

August 22, 2025

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…

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Hulk Brooke Hogan

Brooke Hogan’s Bold Move: Why She Removed Herself from Hulk Hogan’s Will

August 7, 2025

The recent passing of wrestling legend Hulk Hogan, born Terry Bollea, has left fans mourning around the world—and revealed a striking family decision behind the scenes. According to Yahoo News, Hogan’s daughter, Brooke Hogan, requested to be completely removed from her father’s will in 2023, over a year before his sudden death at 71. Her…

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Mayhem in Margaritaville: Legal Lesson’s from Jimmy Buffett’s Estate Battle

August 1, 2025

In 2023, the legendary musician Jimmy Buffett passed away at the age of 76. Since then, a flurry of legal claims have surfaced over his $275 million estate. Majority of Mr. Buffett’s assets went to his widow, Jane Slagsvol, as the main beneficiary. However, Mr. Buffett also named Richard Mozenter, his long-time business partner, as…

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Business Divorce, NC Style: What to Do When Your Partner Goes Rogue

July 14, 2025

Starting a business with someone often begins with excitement and trust. You make plans, divide responsibilities, and work toward a shared vision. But when trust breaks down, the damage can be personal and financial. In the case of Friedmann v. Griffin, Terry Friedmann, a thirty percent owner of Oceanic Partners Holdings, LLC, alleged that James…

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The Impact of AI-Generated Images on Intellectual Property Rights

July 7, 2025

The explosion of AI-generated images is transforming industries from marketing to entertainment, but it’s also creating a new frontier of legal challenges. Artists and businesses are increasingly using AI tools to produce stunning visuals in seconds. Yet the legal system is racing to keep up with questions about who owns these creations, how existing copyright…

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North Carolina’s Proposed Ban on Noncompete Agreements: What Employers Need to Know

July 2, 2025

North Carolina businesses and employees should keep an eye on House Bill 269—the “Workforce Freedom and Protection Act”—which, if passed, will significantly change the landscape for noncompete and non-poaching agreements. Traditionally, employers have used noncompete clauses to limit a former employee’s ability to work for a competitor within a certain time frame, geographic area, or…

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Kidfluencers

From Diaper Duty to Fiduciary Duty: The Development of Fiduciary Obligations Between Parents and Kidfluencers

June 30, 2025

Ten years ago, if you asked a kid what they wanted to be when they grew up, they would say something like ‘doctor’ or ‘astronaut.’ If you asked a kid the same question today, chances are they would say ‘influencer.’ Recently, kidfluencing has experienced a surge in popularity. If you’re unfamiliar with the term, kidfluencers…

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Estate Planning & Litigation Concerns for LGBTQ+ Individuals and Couples

June 25, 2025

As we recognize Pride Month this June, it’s a timely moment to discuss the estate planning and litigation concerns that continue to affect LGBTQ+ individuals and couples. While the legalization of same-sex marriage marked a major step forward, it didn’t erase the risks that arise when estate plans are unclear, outdated, or contested. For LGBTQ+…

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