NC Fiduciary Litigation Commentary
On June 1st, a Kendall County judge sentenced Karen Kay Hogan, a 69-year-old wills and trust attorney from San Antonio, to 20 years in prison for stealing over $500,000 from six children whose parents died in a murder-suicide three and a half years earlier. A Texas probate court appointed Hogan to administer both estates. She…
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Real estate deals move fast — and sometimes, the paperwork doesn’t keep up with the handshakes. In Charlotte’s booming commercial real estate market, it’s not uncommon for developers and dealmakers to operate on trust, verbal commitments, and a shared vision before any formal documents are signed. But when the relationship sours and someone claims they…
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The recent court battle over the estate of Tony Hsieh, former CEO of Zappos, reads more like a legal thriller than a probate case. After Hsieh’s death in 2020 without a known will, his $500 million estate was expected to pass to his parents under intestacy laws. Then, years later, a seven-page “surprise will” arrived…
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On November 25, 2025, the North Carolina Business Court issued an important opinion in Estevez v. C&S Commerce, LLC, reaffirming a principle that continues to shape limited liability company (“LLC”) disputes across the state: fiduciary duty waivers in LLC operating agreements are enforceable. The case serves as a pointed reminder that, in North Carolina, LLCs…
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Key Themes & Takeaways from This Year’s Rulings Fiduciary duty disputes continued to dominate the North Carolina Business Court docket in 2025, and this year’s decisions sent a clear message: fiduciary duties arise in narrow, well-defined circumstances — not merely because parties share an LLC, partnership, or contractual relationship. In case after case, the Court…
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Disputes among LLC members often feel personal—especially when management power shifts, ownership interests are questioned, or a minority member is pushed aside. But a recent North Carolina Supreme Court decision underscores a critical reality: in LLCs, contract almost always comes first. In Gvest Real Estate, LLC v. JS Real Estate Investments, LLC, the Court reaffirmed…
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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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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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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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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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