We will discuss how to protect your business cash flow, accounts receivable and contracts during a tightening economy. We will look at options and suggestions for businesses as the economy appears to be getting tighter with cash flow and bank lending. We will review what you need to look for as cash flow tightens with your customer.
A recent North Carolina Supreme Court decision clarifies when an Unfair and Deceptive Trade Practices claim is available in investor disputes. The key upshot from the Court’s decision in Nobel v. Foxmoor Group, LLC is, “if an alleged unfair or deceptive action remains confined within a single business, the Act is inapplicable.”
A look at when a fiduciary duty likely arises amongst shareholders. The term “fiduciary” is a legal term which is often thrown around by non-lawyers. People tend to have a general understanding of what a fiduciary is; however, the term is often improperly used and even more often too broadly applied.
In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson discuss the North Carolina Business Court.
Often we are contacted by people who are owners of businesses when they are having a dispute with another owner. People reach out to us in order to attempt to better understand their options to either force a change in their co-owner’s conduct, or end the business relationship. If ever there is a time when we are forced to give the classic lawyer answer of “it depends,” it is in these types of disputes.
In this session of Vann Attorneys Video LegalPad James Vann discusses “Choice of Law Provisions & Venue”.
Planning ahead in business generally creates success and clarity of purpose. Finding the time to plan and think about your business much less be creative in your thinking and planning can be difficult. As many people agree, our time is our most precious asset. Planning is normally profitable in the long run. Frequently, I have the opportunity to speak with groups of business owners about planning for success and protecting themselves and their business. The following are a few recent tips and conversations we discussed.
We discussed the formation of business contracts, how to increase profitability for the company, key terms and conditions for businesses today and how to protect yourself in a fast paced economy. We discussed these topics and more during this fast-paced webinar.
In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson kick off Season 2 with a discussion surrounding subpoenas, who is likely to receive a subpoena, what to do if you receive a subpoena, and your options when things get complicated.
A promissory note establishes a contractual obligation for one party to repay another and sets forth the payment terms and rights upon default. As its name implies, it is a promise made by one party to pay another. A note can be used to document the terms of a loan or a debt repayment. Our clients often use promissory notes secured by confessions of judgment to resolve past due accounts either before a lawsuit is filed or to settle a case after it is filed.
A deposition is a discovery tool wherein a witness is placed under oath and required to respond orally to questions from one or more lawyers. Depositions are frequently requested of parties. Other times, depositions are requested of non-parties who may have knowledge regarding the facts and circumstances surrounding a particular case. If you are not a party to a lawsuit and are asked to provide a deposition, you should not panic, but instead you should determine what information you have and how to best share that information in a way that is minimally invasive to your schedule.
In this session of the Vann Attorneys Video LegalPad, Ian Richardson answers the question, “What is a deed of trust?”
In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson discuss the process of executing on a judgment against a corporate debtor.
Disputes among business partners are common. Some can be resolved amicably, but there are times when a dispute can become disastrous for the business. Having a plan for resolving the inevitable disagreements can help the business move forward more easily and can relieve some of the tension among the partners.
How do you document a situation where you are owed money in a business transaction? Can you draft your own promissory note? What specifics are needed in a promissory note? I have heard of a Confession of Judgment but what is it and how can I use it to benefit my business?
What constitutes a contract and when is a contract formed is a great question to consider. We look at a lot of contracts and issues for our clients surrounding contract questions. Many of our business clients have a great understanding of what a contract is and how it is formed. As we all continue to learn, some facts can change what appears to be a straightforward looking transaction.
Starting a new business is always a thrilling endeavor filled with excitement, enthusiasm and fear. When to start the new business is always a question business owners often contemplate. When should the owner incorporate the business, what is the economy doing, when is the greatest need for the business, is one time better than another are all questions that business owners ponder.
Often I get phone calls where a potential clients wants to share with me a conversation that they had with a party they are involved in a dispute with. Sometimes, the conversation which is being recounted to me sounds as though it was in the context of settlement. An analysis must then to be done as to what extent, if at all, the conversation might be admissible in a courtroom one day.
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…
