Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots. Through their declaration of covenants, conditions,.
The Pettinger ruling is an important step in defining the fiduciary duties owed by architectural review committees in North Carolina. It stands for the proposition that members of architectural review committees do not owe greater duties than the board of directors themselves owe.
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At the NCBA’s annual Antitrust and Complex Business Disputes Section CLE last week, there was a panel segment of the North Carolina Business Court Judges. Fox Rothschild was there, and here is
our recap of what
we heard and learned. As always, we strive to be accurate reporters, but this is not a verbatim recitation of what was said. If you want that, however, my understanding is that the CLE will be available on-demand in the coming months.
As always, the Judges were extremely helpful and gracious with their time and insight. They began by reporting on the necessary modifications that the pandemic has forced on their court operations. Not surprisingly, they have all been fully remote for some time now. The Judges indicated that virtual hearings have been going well, and the lawyers have stepped up to the technology. There were no reports of any lawyers appearing in court as a kitten (if you haven’t se
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A ruling issued by the North Carolina Business Court last month could have a significant impact on the ability of North Carolina companies and counsel to assert the attorney-client privilege over communications exchanged in the course of internal investigations.
In
Buckley LLP v. Series 1 of Oxford Insurance Company NC LLC, 19 CVS 21128 (N.C. Super. Ct. Mecklenburg County), the court ruled on cross motions to compel in an insurance coverage dispute. There were two issues before the court. The first issue concerned whether communications between the plaintiff law firm, Buckley LLP, and its outside law firm, Latham & Watkins LLP, concerning an investigation into alleged misconduct by a former Buckley partner were protected from disclosure by the attorney-client privilege or work product doctrine. The second issue before the court was whether defendant Oxford Insurance Company’s internal communications with its in-house