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.
This is a very common question from clients and potential clients. As you may expect, the answer is: it depends. There are many factors to be considered when contemplating litigation. These factors include…
I frequently receive phone calls from upset business owners who are dealing with either disgruntled employees or customers. In the age of the internet and social media, more often than not, the employee or customer has posted something negative online. Usually the business owner will approach me with some type of working knowledge of North Carolina defamation laws, as their first step after reading the review tends to be performing a Google search on what their legal rights might be. With these types of claims it is important to have a lawyer who views themselves not only as an advocate but also as a counselor and advisor.
As we all know, it is important to know who you are contracting and working with in the business context. Especially when there is a business entity involved. Do you know the actual and correct business name? In the construction trade, if the company says they are owner of real estate, does that matter for lien rights?
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.
This webinar discusses how to best protect your business when your customers file bankruptcy. How should you respond? What can you do to protect your business now? What are preference payments and how do you avoid them? Are you a secured or unsecured creditor?
As you know, for the past several weeks, courthouses and judicial employees across the State have been operating in a limited capacity with regard to court hearings and other judicial proceedings. Chief Justice Cheri Beasley issued orders postponing certain court hearings and limiting courthouse activity. Justice Beasley also extended filing and other court-related deadlines to June 1, 2020.
Each business incorporated with the North Carolina Secretary of State’s office is required to file an annual report with the Secretary of State’s office each year. The type of business entity will likely determine when the report is actually due to the Secretary of State. If you as a business owner have several incorporated businesses which differ in the type of entity (a corporation, an s-corporation, limited liability company, etc.), your annual reports could be due at different times.
Given the current state of things, it can be very tempting for individuals and small businesses to want to take on new business ventures or enter into new business deals right now. When entering into any business agreement with any person or entity, new or familiar, we urge you to have a written contract detailing the terms and conditions of the agreement.
I recently had the privilege of speaking to a business trade association on the topic of antitrust. This topic and discussion reminded me of the importance of how business need to comply with the federal and state laws on antitrust. The antitrust law, federal and state, are designed to protect the public.
“Can I recover my attorney’s fees?” is a question we often receive at the outset of litigation. The general rule in North Carolina is that each party is responsible for its own attorney’s fees, unless the contract or a statute provides otherwise.
Clients often come to us for help recovering money owed on various contracts, agreements, payments, services and products. Depending on the circumstances, we may recommend sending a letter to the debtor to demand payment of the total balance owed. Sometimes, debtors (or their attorneys) respond to the demand letter, the line of communication continues, and we can work toward a resolution of the matter.
Many presume that the use of emojis are frivolous and more fun than serious. However, the use of emojis can raise complicated and complex legal questions and issues.
In a society fueled by online reviews from (purported) customers, negative reviews can have an impact on a business’s bottom line. A common question arises about how to stop a disgruntled customer from peppering online review websites and social media platforms with negative (and potentially inaccurate) reviews about your business.
When your business exchanges quote requests, quotes, purchase orders, and contracts with customers or clients, which document’s “terms & conditions” apply? Here’s a scenario we often see in business law: Your business works to establish a contract with a client or customer. Your customer sends in a request for a quote – that request includes terms & conditions. Your company then sends the customer a quote with terms & conditions. Your customer then sends in a purchase order with its own terms & conditions. Your company finally delivers a confirmation which includes its own terms & conditions. So which terms and conditions apply?! Join James Vann during this fast-paced webinar reviewing Terms and Conditions in business contracts. Join James Vann during this fast-paced webinar reviewing Terms and Conditions in business contracts.
COMPLIMENTARY WEBINAR FOR OUR CLIENTS & GUESTS J.D. Hensarling Lindsey B. Revels Ian Richardson When a customer writes in the memo field, does that impact collection? What happens when a customer remits payment to another branch? Do you know what to do when a customer makes a payment for less than the full amount? How do you handle credit card …
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 …
Before October 2017, if you asked any trial lawyer in North Carolina whether a company could represent itself in court, the answer would have been “Only in small claims court.” Most lawyers would have even been able to tell you the exact case that required companies to have an attorney represent them in court.
How the business’s online presence is created, whether through the formation of a website and/or social media account(s), is at the discretion of the business owners. Creating an online presence for your company through a social media site such as Facebook, Twitter or LinkedIn, or creating your own website effectively advertises your business before a large audience.
While mostly always beneficial to our daily lives, the integration of new technology into everyday activity has also raised quite a number of legal concerns. Let’s say a business competitor of yours places a GPS tracking device on the bottom of your vehicle and keeps track of your location as you travel from place to place.