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The North Carolina Court of Appeals decision in Aesthetic Facial & Ocular Plastic Surgery Ctr., P.A. v. Zaldivar highlights the unique impact of public policy considerations when determining the enforceability of a non-compete agreement against a medical doctor. To what extent are such agreements enforceable? At what point does the concern for the health of…
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Is there a better time than March Madness to talk about basketball? The Ninth Circuit Court of Appeals recently affirmed the lower court’s dismissal of a claim by photographer Jacobus Rentmeester that sports apparel company Nike infringed a copyright owned by Rentmeester. The Plaintiff created this photograph – Michael Jordan airborne dunking a basketball…
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Recording artist Kanye West and music publisher EMI are currently embroiled in dueling lawsuits with each other regarding an alleged breach of West’s co-publishing contract with EMI. West, who filed a complaint against EMI in court in California, asserts that California law should govern the terms of the contract. He also asserts that the contract…
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In early March, retail grocery store company Aldi, Inc. filed a lawsuit in the Eastern District of North Carolina against two former employees who joined rival company Lidl US. The two former employees, Bruna Maraccini and Colleen Savory, are named as Defendants in the complaint. Both were involved in the company’s real estate strategy and…
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Are you a cat person or a dog person? The truth is many of us love animals. In fact, approximately 68 percent of American households own at least one pet. In some of those households, care for a pet is part of the estate plan. Consider, for example, millionaire head of Chanel, Karl Lagerfeld, who…
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Mold is a very serious issue. It can cause significant health effects or damage to personal property. As part of the obligation to provide and maintain habitable premises, North Carolina requires landlords to respond to complaints of mold in a reasonable period of time depending on the severity of the condition. However, North Carolina takes…
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Many remember the fictional town of Mayberry, the setting for The Andy Griffith Show. Less commonly known, however, is that Mayberry is modeled after Mt. Airy, a small North Carolina town near the Virginia boarder. Frances Bavier, the actress who portrayed Aunt Bee Taylor in the hit television show, recently passed away, and spent the…
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When starting, running, and even closing a business, business law is something that’s going to be involved. Business law affects all businesses no matter their type. It could be an LLC, a sole proprietorship, a corporation, or even a non-profit. Running your business successfully means not only working within the bounds of the law, but…
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The North Carolina Bar released Proposed 2019 Formal Ethics Opinion 3 in January, addressing questions relating to intimate relationships between opposing counsel. The question presented is whether it is permissible for a prosecutor and a criminal defense attorney to engage in a romantic relationship while serving as opposing counsel in multiple cases, and whether the…
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In 2015 and 2016, media magnate Sumner Redstone amended his trust, which was challenged by former companion Manuela Herzer. A California court recently ruled that Mr. Redstone possessed the required mental capacity to amend his estate plan. In North Carolina, whether an individual is a billionaire business mogul or anyone else, the requirements for testamentary…
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