Duty to Preserve and the Preservation Order

If you have been involved in a lawsuit before, you may remember seeing or receiving what is typically called a “preservation letter”. What is this preservation letter and what does it do?  A preservation letter may also be called a preservation order, a litigation hold, or a hold order. This is a letter instructing the recipient not to destroy, alter, or …

Seven Tips for Negotiating in Business Today

It is such an honor to work with and help our clients in their business as they negotiate through numerous transactions and relationships. It is always interesting to help clients as they communicate with the opposing parties as the parties try to obtain a resolution to their needs. The following seven tips are based upon my experience in witnessing hundreds …

Excellence in All We Do (Following the Golden Rule)

Knowing the “why” we do what we do is important for many reasons. The “why” helps set the stage for how we accept responsibility and how we proceed with accomplishing our work. Our office was formed in September 1993 as a solo practice with one attorney and one administrative assistant/paralegal. When we started the office, our letterhead and logo included …

Claims of Lien in North Carolina

With the passing of the new Lien Law in North Carolina in 2012 and 2013, new issues continue to spring up. This is to be expected anytime a new law is passed. We are constantly fielding questions from clients regarding how the law is to be applied. One question which has been more prevalent than others regards the “Subordination of …

The Importance of a Name

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 …

The Dreaded Preference Action: How Long Until You Are Safe?

Receiving a notice that a customer has filed bankruptcy is never a good feeling, especially if that customer has been a large component of your business. The initial shock is generally followed by a feeling of unease regarding all of the recent payments you received from that customer and the knowledge that any payment received in the past 90 days …

A Question Employers Can No Longer Ask

Effective, December 1, 2013, North Carolina Employers will no longer be allowed to ask potential employees about arrests, criminal charges, or convictions that have been expunged. A recent law which was passed by the North Carolina General Assembly prohibits questions regarding expunged matters both on applications and during interviews. What are expunged matters or records? Expunged records or matters generally …

District Court vs. Small Claims Court – It’s Not Just the Amount at Stake

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 …

Renewing a Judgment for Money in North Carolina

Renewing a Judgment for Money in North Carolina By James R. VannAttorney at Law Suppose your business was awarded a substantial money judgment eight years ago and it has never been collected or only a portion was collected. You know that your judgment is valid for ten years from the date it was awarded by the Court, and you do …

ABC’s of Partnership Agreements

When starting any new business venture or establishing a new business entity, having appropriate documentation is important. The importance of having such documentation is increased substantially when more than one person is involved. We often help clients by drafting their corporate bylaws or LLC operating agreements, both of which set out how the organization will operate as well as the …

Pre-Judgment Proceedings

Most businesses and business people are all too familiar with the protracted exercise that is involved when attempting to collect on a judgment. Few, however, are as familiar with two potentially powerful methods that can be used before entry of a judgment and may alleviate the need for drawn out post-judgment execution proceedings.

How Receiverships Work in North Carolina

How Receiverships Work in North Carolina By James R. VannAttorney at Law   Most business people and business owners have experienced issues associated with bankruptcy court. For many businesses which extend credit to their customers, they may find themselves involved as a creditor to a customer in bankruptcy. Certainly, learning the ins and outs of bankruptcy court as a creditor …

New Legislation Impacting Businesses

If you attended Vann & Sheridan’s Hot Legal Topics this year, you hopefully gained some information regarding some new laws recently passed and currently under consideration that may impact businesses. Given the state of our economy, Congress is continuously searching for ways to turn things around. In that regard, there are some interesting new laws that could be voted on …