News & Insights

Charlotte, North Carolina Wagner Hicks PLLC is pleased to announce the addition of attorney Frank R. Martin to the firm as Counsel. Mr. Martin joins Wagner Hicks after practicing corporate and commercial litigation in the Delaware Court of Chancery for eight years at two of

In Eric Gilmore v. Turvo, Inc., C.A. No. 2019-0472-JRS, the Delaware Court of Chancery denied a director’s Motion to Compel seeking attorney-client privileged communications between Turvo Inc.’s (“Turvo”) Preferred Directors, officers, or employees and an outside law firm. The general rule in Delaware is that

Wagner Hicks attorney Sean C. Wagner recently presented to a group of healthcare industry entrepreneurs at an event in Washington, D.C., during which he led a discussion on the importance of corporate formation, organization, and governance. During his presentation, Mr. Wagner highlighted common, preventable reasons

The Federal Trade Commission (FTC) recently announced that Career Education Corporation (CEC) and its subsidiaries, American InterContinental University, Inc., AIU Online, LLC, Marlin Acquisition Corporation, Colorado Technical University, Inc., and Colorado Tech., Inc. (collectively, CEC), have been ordered to pay $30 million to the FTC

On July 25, 2019, New York Governor Cuomo signed the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) into law. The law amends the existing data breach notification law and adds new cybersecurity requirements. The SHIELD Act takes effect in March 2020. The

The Department of Health and Human Services Office for Civil Rights (OCR) recently issued a reminder to business associate entities regarding the potential for direct liability for certain violations of the Health Insurance Portability and Accountability Act (HIPAA). In a Fact Sheet issued on May

The United States Patent and Trademark Office (USPTO) recently announced a new rule requiring all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be represented by an attorney who is licensed in the United States. The requirement applies to

In a recent opinion, the Delaware Court of Chancery held that a party to a merger agreement properly terminated the merger agreement when its counterparty failed to extend the merger deadline by providing the required notice. In Vintage Rodeo Parent, LLC v. Rent-a-Center, Inc., two

In recent opinions, courts have demonstrated a willingness to significantly narrow the applicability of the North Carolina Unfair and Deceptive Trade Practices Act, N.C. Gen. Stat. 75-1.1, et seq.(NCUDTPA), in the context of business disputes by broadly interpreting the applicability of the securities exemption. Like

In a post-trial memorandum opinion, the Court of Chancery held that a fully executed warrant agreement between an early employee and her employer did not reflect a meeting of the minds and therefore there was no valid contract. Significant to the Court’s decision was the