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GLOBAL TEXTILE ALLIANCE v. TDI WORLDWIDE

No. 279A19.

847 S.E.2d 30 (2020)

GLOBAL TEXTILE ALLIANCE, INC., Plaintiff v. TDI WORLDWIDE, LLC, Dolven Enterprises, Inc., Timothy Dolan, individually and in his capacity as an officer, shareholder and director of Dolven Enterprises, Inc. and an officer and owner of TDI Worldwide, LLC; James Dolan, individually and in his capacity as an officer, shareholder and director of Dolven Enterprises, Inc., Steven Graven, individually and in his capacity as an officer, shareholder and director of Dolven Enterprises, Inc., Ryan Graven, individually and in his capacity as an officer, shareholder and director of Dolven Enterprises, Inc., Garrett Graven, individually, GFY Industries Limited, GFY, Limitada de Capital Variable, GFY Cooperative, U.A., and Fresh Industries, Ltd., Defendants.

Supreme Court of North Carolina.

Filed August 14, 2020.

Attorney(s) appearing for the Case

Hagan Barrett PLLC, by J. Alexander S. Barrett , Greensboro, Charles T. Hagan III , Greensboro, and Kurt A. Seeber , Winston-Salem, and Akin Gump Strauss Hauer & Feld LLP, Washington, by Stanley E. Woodward, Jr. , for plaintiff-appellant.

Ellis & Winters LLP, by Jon Berkelhammer , Steven A. Scoggan , Greensboro, and Scottie Forbes Lee , Greensboro, for defendant-appellee Steven Graven, K&L Gates LLP, by A. Lee Hogewood III , John R. Gardner , and Matthew T. Houston , for defendant-appellees Dolven Enterprises, Inc., Ryan Graven, and GFY Cooperative, U.A., James McElroy & Diehl, P.A., Charlotte, by Fred B. Monroe and Jennifer M. Houti , for defendant-appellees TDI Worldwide, LLC and Timothy Dolan, Morningstar Law Group, by Shannon R. Joseph , Raleigh, and Jeffrey L. Roether , Durham, for defendant-appellee Garrett Graven, and Brooks, Pierce, McLendon, Humphrey & Leonard LLP, by Eric M. David , Raleigh, and Shepard D. O'Connell , Greensboro, for defendant-appellee James Dolan.

This case is about whether a one-hundred percent shareholder of a corporation is that corporation's alter ego for the purposes of privilege against discovery. Specifically, we must decide whether communications with someone who is an agent of the sole shareholder, but not of the corporation, fall under the corporation's attorney...

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