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:…
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 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…
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…
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of same-sex marriage marked a major step forward, it didn’t erase the risks that arise when estate plans are unclear, outdated, or contested.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+…
When business deals break down, parties often attempt to escalate a simple breach of contract into something more dramatic—such as a claim for fraud or negligent misrepresentation. But in North Carolina, the economic loss doctrine (ELD) draws a clear line. This legal principle bars tort claims for purely economic losses that arise out of a…
Commercial and complex business litigation involves high-stakes disputes between companies, business partners, or shareholders that often center on detailed contracts, financial arrangements, or internal governance. These cases may arise from breaches of contract, fraud, misappropriation of trade secrets, or disagreements over ownership interests. Because they typically involve large sums of money and can impact a…
Gene Hackman, the legendary two-time Oscar-winning actor, left behind an impressive film legacy—but now, his estate is facing potential legal challenges. According to reports, Hackman’s will does not name his three children as beneficiaries, instead leaving the bulk of his estate to his longtime wife, Betsy Arakawa. Betsy predeceased him by a number of days…
Conservatorships (in North Carolina they are known as guardianships) are meant to protect individuals who are unable to manage their own affairs, but the system is far from perfect. Over 1.3 million adults in the U.S. are under conservatorship, controlling a staggering $50 billion in assets. While these legal arrangements are often necessary for individuals…
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