Tuesday, July 22, 2014 from 3:00 to 3:30 p.m.Vann Attorneys Webinar: Pre-Judgment Proceedings How do you improve your chances of recovery before a lawsuit? Join our webinar on how to improve your chances of recovery in a lawsuit and how to secure assets before filing. When waiting for a judgment is not an option, there are other methods available to recover …
Most of us are accustomed to treating bank checks – whether we call them cashier’s checks or certified checks – as substantially different from personal checks. And in many respects, they are different – when someone has gone to the trouble to get a check from their bank, you can usually be pretty confident that the check will be honored. …
Most of us are familiar with unmanned drones being used for military and reconnaissance purposes. However, some are looking for ways to use drones for commercial purposes. For example, Amazon is exploring the feasibility of delivering packages via drones. Farmers already use drones to fertilize crops. North Carolina is seeking to become a leader in the drone industry, hoping to …
If you’ve ever signed a settlement agreement resolving some dispute, chances are pretty good it contained a confidentiality provision. In many cases, one side or both wish to keep the terms of a settlement to themselves – whether to avoid disclosure of amounts paid to settle or for some other reason. In our experience, these provisions are often paid lip …
Joint check agreements, or joint pay agreements, are a common credit management device, and can be an excellent tool to make sure that you get paid when your customer does. In most cases, however, they do not create a situation where you can seek money directly from the general contractor. In order to use them effectively, it is important to …
Businesses spend substantial resources on developing a brand, establishing goodwill with their customers and the general public and differentiating themselves from competitors. A successful business therefore has a strong incentive to protect its identity. That identity may be a name, a logo or some other unique phrase or mark. In many situations, it is not only helpful- it’s vital- that …
One would be hard-pressed to overstate the importance of a name in the business world. The name of a business is its identity. Many names become so valued, or are so valued by the owner, that they are trademarked so nobody else can benefit from the name. In my profession, getting the names of the parties to a lawsuit correct …
District Court vs. Small Claims Court – It’s Not Just the Amount at Stake By James R. VannAttorney at Law In the movie Sliding Doors, the simple act of catching or missing a particular train led the main character’s life down two drastically different potential paths. While certainly not as dramatic, a similar divergent path can appear when considering whether …
Obviously, creditors would like to obtain as much security as possible prior to making a loan, but it is also important to keep in mind the Equal Credit Opportunity Act (ECOA). For anyone not familiar with the ECOA, it is a federal law that prohibits lenders from discriminating against borrowers based on their race, religion, national origin, sex, or marital …
Many people in America dream of owning their own business. Every day, people quit their jobs and risk everything so they can have the freedom and control to make their own way in the business world. Many who become entrepreneurs certainly have the business knowledge and experience to be successful. Unfortunately, even great entrepreneurs fail to consider the legal aspects …
Non-compete agreements are now a very common component of employment contracts. Generally, these agreements serve a useful purpose: they help keep markets and industries healthy by restricting companies from stealing each other’s employees solely to obtain clients or confidential information to damage their competitors. Smaller companies and startups are especially likely to rely on non-compete agreements to protect themselves from …
The North Carolina Court of Appeals recently issued a decision regarding piercing the corporate veil, which reiterated that under North Carolina’s “instrumentality rule” an owner of a corporation or limited liability company can be held liable for the debts of the company, even if he or she is found not to have engaged in any wrongdoing individually. In Estate of …
Wednesday, October 16, 2013 from 3:00 to 3:30 p.m. Vann Attorneys Webinar: Protecting Your Accounts Receivable When a Customer Files for Bankruptcy How do you protect your accounts receivable when a customer files for bankruptcy protection? What should you do when a current customer files bankruptcy? How does the automatic stay impact my business? Is my company liable for payments received …
Failing to carefully review a legal document can be expensive – in one recent case, it cost a homeowner $7,000. In the summer of 2011, a satellite dish installer broke a water line at a Mecklenburg County, North Carolina residence. The resulting damage to the property was significant, and the homeowner submitted a claim with the installer’s insurance agent. After …
Effective August 1, 2013, the maximum limits for lawsuits in small claims court and district court will rise significantly. The small claims limit is doubling from $5,000 to $10,000 and the limit for district court cases is increasing from $10,000 to $25,000. Anything over that amount must be brought in Superior Court. The rise in the small claims limit will …
Many business owners today are looking for ways to decrease the cost of their workforce. The rising cost of payroll taxes, retirement plans and other benefits, along with the advent of Obamacare, have potential employers looking for ways to minimize overhead while still being able to attract and retain talented workers. One increasingly popular option is to hire independent contractors …
Attorneys are often accused of writing overly complex and confusing documents, and nowhere does this seem to occur more often than in contracts – whether leases, purchase agreements, settlement agreements, or non-compete agreements. This type of writing includes phrases that only seem to exist in old books and new contracts – for example, “hereinbefore” instead of “above.” There are a …
Whether you are starting a business, buying or selling a business, entering into a partnership or planning your exit strategy, you need a clear vision for what you want to accomplish. A vision in this sense is the end sum of your goals and overall purpose. Once you have defined your vision, the planning can begin. The vision you have …
Whether it’s buying a home, applying for credit or accepting a new job, people and businesses are drafting and executing contracts every day. Often, these contracts are not understood by the individuals signing them and perhaps not even read. Even lawyers such as this one have signed (or clicked) without reviewing all of the fine print. Nobody likes reading through …
The turn from one year to another is a good time to reflect both personally and professionally, even from a legal perspective. There are a number of areas for both where a little thought can make a big difference. On a personal level, the new year is a perfect time to examine your estate planning and to make any changes …
