NC Fiduciary Litigation Commentary
A competitor undercuts you using pricing information your former sales manager wasn’t supposed to have. A vendor doubles as your customer’s new supplier behind your back. A departing executive walks out with your client list and starts calling your accounts before his non-compete is even a week old. Business owners ask the same question in…
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In Port Trinitie Homeowners Association Inc. v. Port Trinitie Association Inc., 2025 NCBC 43, the North Carolina Business Court addressed a dispute involving: alleged breaches of condominium governing documents, statutory violations, breach of fiduciary duty, and ultra vires acts. The plaintiffs also sought a preliminary injunction. This case provides a useful reminder that while courts…
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On December 12, 2025, the North Carolina Supreme Court issued its decision in Gvest Real Estate, LLC (formerly Gee Real Estate, LLC) v. JS Real Estate Investments, LLC, et al.,affirming the North Carolina Business Court’s summary judgment order in a dispute over the ownership and management of Yards at NoDa, LLC. The case involved plaintiff…
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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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The tragic case unfolding in Clovis, New Mexico — where 19-year-old Darren Munoz is accused of hiring a friend to murder his father and stepmother so he could allegedly secure an inheritance — highlights how dangerous financial misconceptions and family conflict can become. Investigators say Munoz believed his father owned a convenience-store franchise and that…
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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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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…
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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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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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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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