NC Fiduciary Litigation Commentary
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:…
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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…
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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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Meeting with a lawyer for the first time can feel overwhelming, but being prepared can help you make the most of your consultation. Whether you need guidance on a trust and estate matter, fiduciary litigation, or a shareholder dispute, the right preparation can ensure a productive and efficient meeting. Here’s how to get started: 1.…
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These days, many financial advisors are promoting themselves as fiduciaries. But what exactly does that mean? And how can it benefit you? What is a fiduciary? A fiduciary is someone who has a legal obligation to act in the best interests of another person. This means that they must put your needs before their own.…
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Famous TV doctor Mehmet Oz—better known as “Dr. Oz”—recently accused his sister, Nazlim, of forging their late father’s will and stealing millions from his estate. A 2008 will left all of Mustafa Oz’s assets to the Mustafa Oz Foundation, a United States organization, and left Dr. Oz in charge of the foundation; however, Nazlim presented a…
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NFTs—or non-fungible tokens—have been making headlines in recent months as the newest investment craze. “At a very high level, most NFTs are part of the Ethereum blockchain. Ethereum is a cryptocurrency, like bitcoin or dogecoin, but its blockchain also supports these NFTs, which store extra information that makes them work differently from, say, an ETH…
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In early February, Earth Fare announced it would be closing all of its stores, likely meaning each of its 3,000 employees would be laid off. In response, two employees of the Asheville-based grocery store chain filed a class-action lawsuit alleging Earth Fare violated the Worker Adjustment and Retraining Notification Act (the “WARN Act”). Generally, the…
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In B.V. Belk, Jr. v. VRS Magnolia Plaza, LLC, the North Carolina Court of Appeals addressed the question of when an easement can be implied by prior use. An easement is an individual’s right to use the land of another individual for a specific purpose. Frequently, easements are created by the express agreement of the…
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The Bunker Hill Covered Bridge is a well-known historical landmark in Claremont, North Carolina, originally built in 1895. The bridge was damaged due to excessive rain, flooding, and erosion in the area, which prompted the Historical Association of Catawba County (the “Historical Association”) to hire NHM Constructors, LLC (“NHM”) to repair the bridge. A dispute…
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