Business Attorneys

Lord & Lindley - Lawyers in Charlotte NC

Powers Of Attorney: General Considerations

July 29, 2015

          While many people recognize the term “power of attorney,” most do not know how to create a valid power of attorney or choose between the various considerations.  It is important to prepare safeguards to protect current and future assets long before one faces severe illness or incapacity.  A power of…

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North Carolina Business Court Recognizes New Duty to Negotiate in Good Faith

July 22, 2015

While North Carolina has never recognized a fiduciary relationship between lenders and borrowers, in June the North Carolina Business Court did recognized a new cause of action: breach of a duty to negotiate in good faith.[1]    The Court confined its decision to the particular facts present in the case, leaving many questions unanswered regarding this…

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The Line Between Cyber-bullying and Freedom Of Speech

July 15, 2015

      The intersection of free speech and safety on social media has been a hotly debated topic for many years.  Because cyber-bullying takes many different forms, it is difficult to define.  While several states criminalize cyber-bullying, the language of these statutes vary greatly and are just recently being challenged under First Amendment grounds. …

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Removal Of Corporate Trustees in North Carolina

July 8, 2015

     The landscape of the American economy changed dramatically in the last decade, particularly due to the 2008 financial crisis.  America’s largest commercial banks were forced to sell assets, reorganize, shake-up top management positions, and/or close altogether.  As a result, trusts managed by corporate trustees experienced high turnover among trust officials and changes in…

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Fired for Discrimination Complaint: Wrongful Termination Suit Fails to Survive Motion to Dismiss

July 1, 2015

     The North Carolina Court of Appeals recently affirmed a trial court’s decision to grant a motion to dismiss a lawsuit when the Plaintiff, Lisa Green-Hayes (“Green-Hayes”) failed to properly state a claim for retaliatory wrongful termination.[1]  In her complaint, Green-Hayes alleged she was subjected to the “discriminatory employment practices and … attitude of…

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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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