Federal Rule of Civil Procedure 30(b)(6) Has Been Amended

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].

Podcast: Serving a Defendant After a Lawsuit Has Been Filed

In this episode of the Vann Attorneys Legal Pad Podcast Attorneys James Vann and Ian Richardson discuss serving a defendant after a lawsuit has been filed. Topics what is service of process, why is it necessary, and how can it be achieved on individuals, corporations, and public bodies.

What Constitutes a Contract in North Carolina?

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.

Wake County’s Plan to Resume Jury Trials

On September 30, 2020 the 10th Judicial District, which encompasses Wake County, North Carolina, released its Jury Trial Resumption Plan (“the Plan”). A fully copy of the plan is available here. The plan is quite comprehensive and deals with matters ranging for jury duty to the mechanics of jury trials during COVID-19 for practitioners. The plan states in its preface, “This plan sets out the baseline for the resumption of jury trials; policies implementing the measures set out herein will continue to be reviewed and adjusted by the Wake County Court Emergency Response Team, in consultation with state and local health officials.”

Protected Settlement Discussions in North Carolina

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.

I Forgot to Answer a Lawsuit: What Can I Do?

We often get phone calls from potential clients who have been sued and, for a variety of reasons, missed their deadline for answering the lawsuit.  While missing such a deadline is serious, and something you should absolutely be concerned about, it is not necessarily grounds for immediate panic

You Have Been Served with a Subpoena—What Do You Do?

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.

Do I NEED a Lawyer In Small Claims Court?

I often get asked whether a lawyer is necessary in small claims court. The short answer to this is “no.” Both individuals and businesses can represent themselves in small claims court in North Carolina. However, there are a number of benefits to having a lawyer represent you in small claims court. Notwithstanding the benefits, the obvious downside is that the amount in controversy will be relatively small, so having an attorney may not be cost effective. An attorney’s fee provision in your contract is important in order to help justify the use of an attorney for small claims matters.

A Cautionary Discovery Tale

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.

Should I File a Lawsuit?

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…

The Long-Term Impact of COVID-19 on Your Civil Matter

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.

Webinar: Maximizing Finance Charges & Attorneys Fees in Civil Litigation

Finance charges and attorneys fees are important provisions in business contracts. Our clients frequently ask how to maximize finance charges and when attorneys fees are recoverable in civil litigation. This webinar will review how and when you can recover attorneys fees in business cases.

Resolving a Contract Dispute

Business contract disputes are generally not fun to encounter. The disputes often interrupt the natural flow of business and can become an issue with cash flow and financial performance. How to resolve the business disputes is always something to consider.