No matter the size of your organization, chances are high you will face a claim in the future. Preparing for and understanding litigation is critical for any business leader. In this webinar, attorney J.D. Hensarling discusses some tips and best practices to help your organization prepare for litigation.
In this session of Vann Attorneys Video LegaPad J.D. Hensarling discusses “You’ve Received a Subpoena. Now What?”.
Parties sometimes draft their own contracts. If it is a simple transaction or deal, or if they have a go-by to use, they might think, “Why not?” This can lead to some serious problems, not the least of which is that the contract does not state what the parties agreed to. I see this sometimes in my litigation practice. A client might ask us to demand that the other party do such and such. After reviewing the contract, we learn that the contract does not require the other party to do such and such. This problem can arise even in complex contracts drafted by lawyers and involving sophisticated business parties. A recent case out of the Fourth Circuit Court of Appeals reminds us of this pitfall.
Many commercial and civil cases will end up in mediation. Mediation is the informal process in which the parties discuss and negotiate a possible resolution of their case with the help of a third-party neutral. The process works. As they anticipate mediation, parties often ask what they should do to prepare. Here are some thoughts.
In this session of Vann Attorneys Video LegalPad, J.D. Hensarling discusses “Considerations When Hiring an Attorney”.
Effective December 1, 2020, Federal Rule of Civil Procedure 30(b)(6) was amended to include the following added language: Before or promptly after the notice or subpoena is served, the serving party and the organization must confer in good faith about the matters for examination. A subpoena must advise a nonparty organization of its duty to confer with the serving party [and to designate each person who will testify].
A recent COVID-19 related ruling out of Durham County may provide some answers, at least in part, to the questions being posed by North Carolina business owners who have suffered losses because of interruptions to their businesses due to COVID-19.
Lawyers often hear the question, “Where should my lawsuit be filed?” Or someone might ask, “Was this lawsuit filed in the correct court?” These are important questions, the answer to which should inform your next steps in a legal matter.
You have been served with a North Carolina state court subpoena and you are wondering what your next steps are. How long do you have to respond? How should you respond? These are great questions. The attorneys at Vann Attorneys, PLLC can help you answer all of these questions. But, let’s look at the basics.
The recent decision in Abbott Labs. V. Adelphia Supply USA, 2020 U.S. Dist. LEXIS 50928 (E.D.N.Y. March 24, 2020), has the legal world buzzing. This is a trademark case alleging infringement by the sale of generic diabetes test strips. The attention appears to be justified and litigants and lawyers should take notice of the actions and problems that led to the Court’s decision in the case.
I have a friend who is a lawyer in another state. He and I were talking one day and I asked him, “If you were to give any advice to a lawyer representing a client in an active court case, what advice would you give him or her?” He chuckled, thought for a moment, and then gave me some good advice.
The U.S. Supreme Court has sided unanimously with the State of North Carolina that publication of videos and photos of a private salvage operation of a shipwreck is not a copyright infringement.