Arbitration Clause John C. Lindley III

North Carolina Business Court Enforces Arbitration Agreement Prohibiting Discovery, Live Testimony, and a Full Hearing

          In a January 2016 (unpublished) order, the North Carolina Business Court (NCBC) enforced a contract provision compelling arbitration and prohibiting any discovery prior to the arbitration.[1]             In Taggart v. Physicians Pharmacy Alliance, Inc., James Taggart sold his business, Physicians Pharmacy Alliance, Inc. (“PPA”), in Read More

employment agreement

North Carolina Business Court: Employment Agreements Automatically Terminate Upon the Sale of a Company

          A recent decision by the North Carolina Business Court held that an employment agreement automatically terminates upon the asset sale of one company to another, despite continued employment with the purchasing company.[1]          In 2001, Andrew Lund executed an employment agreement with his then-employer, Southern Staircases of Read More

employment agreement

North Carolina Business Court Weighs in on Enforceability of Non-Compete and Confidentiality Agreements Post-Merger

           It is well-settled law that adequate consideration is required to create binding restrictive covenants such as non-compete agreements.  Generally, such agreements are entered at the start of an employment relationship, and the new employment itself constitutes consideration.  In North Carolina, continued employment following a merger of two companies does not Read More