NC Fiduciary Litigation Commentary
Have you or your company ever been subpoenaed by someone and you wonder, “wait, why am I being dragged into their mess?” It seems unfair. Why should you have to take time out of your busy day to help someone else either pursue or defend their own lawsuit? Let’s face it, most people don’t want…
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You’ve probably heard by now about the total solar eclipse that will pass over the United States on Monday, August 21st, 2017. The path of totality is approximately 70 miles wide and stretches from Oregon to South Carolina, touching fourteen different states. A partial eclipse will be visible in every U.S. state. To see how…
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The movie “The Social Network” used the depositions of Eduardo Saverin and the Winklevoss twins, who sued Mark Zuckerberg over the creation of Facebook, to tell its story. Depositions in real life are also used to hear one party’s side of the story so the attorneys know what to expect at trial. Most people have never had their deposition taken and,…
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Whether you are a home owner in the midst of a kitchen renovation, a business owner considering an office expansion, or otherwise involved in a construction project, it is important to understand who gets paid and when. By doing so, you may avoid a construction lien being placed on your…
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Your aging parents just appointed you as their attorney-in-fact– now what? It is important to keep in mind a few simple rules to stay within the bounds of the law. Rule #1: Act in the principal’s best interests. The principal is the person…
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When advising clients and drafting employment contracts with non-compete clauses, there are several things every lawyer should keep in mind. The general rule is courts will enforce non-compete clauses to the extent they are reasonably necessary to protect legitimate business interests.[1] In North Carolina, they must be (1) in writing…
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A recent decision by the North Carolina Business Court (NCBC) re-affirmed long standing precedent that an arbitration award is customarily final and binding, even if it includes an error of fact or law.[1] In the most recent case, Killian/Simonini, LLC argued the arbitrator exceeded his authority by impermissibly including…
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Recent decisions by the North Carolina Court of Appeals and North Carolina Business Court (NCBC) shed light on a previously unsettled question of law: when can a North Carolina trial court award attorney’s fees as part of a class-action settlement in the absence of additional statutory authority? …
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