Entries by Litigation

Fight Hunger, Help Others in the COVID-19 Pandemic – Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!

By Will Quick Our section membership has a strong tradition of supporting and participating in pro bono and community service activities—both those planned and sponsored by the NCBA and those that you undertake on your own or with other organizations. We are in unprecedented times with COVID-19 (Coronavirus), and I am confident that each of […]

Judicial Update – COVID-19

By Martha J. Efird Litigation Section members should pay particular attention to today’s announcement by Chief Justice Beasley regarding the operation of the North Carolina court system during the outbreak of COVID-19 (coronavirus). For your convenience, a link to the announcement is here. In summary, the Chief Justice’s Order states the following: EFFECTIVE MONDAY, MARCH […]

E-Discovery Pitfalls: Cell Phone Retention Settings Can Lead to Sanctions for Spoliation of Evidence

By J. Blakely Kiefer Imagine this scenario: You are an employee who uses your personal cell phone for company purposes to send and receive business-related text messages. Litigation ensues and you, as part of your employment, receive from the company a preservation notice or litigation hold notifying you to preserve and not delete communications relevant […]

When Tiptoeing Around the Securities Exemption to North Carolina’s Unfair and Deceptive Trade Practices Act, Take Each Step Carefully

By Stephen Feldman North Carolina law prohibits unfair and deceptive trade practices, but not if those practices concern securities transactions. The state supreme court announced this exemption in 1985 in Skinner v. E.F. Hutton & Co. The court expanded on the exemption’s reach in a 1991 decision called HAJMM Co. v. House of Raeford Farms, […]

Upcoming Events

By Alan Parry Dear Members of the Litigation Section: Our year is off to a great start, with enjoyable networking events in August (Chapel Hill) and September (Raleigh) that gave Section members an opportunity to catch up and socialize with other litigators, judges, and court staff. We plan to sponsor similar events in communities around […]