Allegations

Lord & Lindley - Lawyers in Charlotte NC

Nc Business Court Rules Former President and Ceo Required to Bring Derivative Suit

June 18, 2015

      The North Carolina Business Court issued an order last month disqualifying the individual plaintiff’s counsel from also representing a company, Bolier & Co., LLC (“Bolier”). The individual plaintiff, Christian Plasman, ostensibly hired his lawyer on behalf of himself and Bolier despite being a minority member of the company and without authorization from…

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On Mandating Trustees’ Duty to Inform and Report

June 10, 2015

Twenty-three years ago, Clark “CB” Bagby, Jr. assumed control of his father’s already successful demolition and grading company and grew it into one of the largest in the Southeast.  Only one of his four children showed any promise or passion for the family business, the others content to enjoy its fruits.  CB, the sole shareholder…

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Creating a Successful Wealth Management Plan: Is a Corporate Trustee Right for You?

June 4, 2015

     As the aging baby boomer generation reaches retirement age and beyond, their wealth management decisions will significantly influence the demand for fiduciary services. Twenty-first century technology makes it easier than ever to retrieve up-to-date financial information and self-help investment guides. Accordingly, baby boomers and subsequent generations are more financially sophisticated than their parents,…

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Kissing Cousins: Breach Of Fiduciary Duty and Constructive Fraud

May 20, 2015

Breach of fiduciary duty and constructive fraud are probably the most conflated causes of action in fiduciary litigation.  If you can’t readily discern between them, you’re in good company—many practitioners allege them in tandem as a single claim for relief, and a number of opinions from our appellate courts treat them likewise.  Breach of fiduciary…

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