Boardroom

ICYMI: Case Update on Non-Compete Agreements

Restrictive covenants are a set of tools that employers sometimes utilize to prevent employees from competing with them after termination of their employment.   One of the most common restrictive covenants used by an employer is a “non-compete clause.”   An evaluation of the enforceability of a non-complete clause necessarily involves a balancing of interests.   On the […]

gavel

In case you missed it: Quick facts on enforcing your civil judgment

Many clients are surprised to learn that obtaining a judgment is not the end of the story in litigation. Even lawyers fall into the trap of celebrating a large verdict or favorable judgment before a judgment is actually collected.  The often disappointing reality, particularly in commercial litigation, is that a judgment is sometimes only the […]

Landscaping - Breach of K case update

Case Law Update: Breach of Contract

It is surprising how often clients seek advice for breach of contract claims but cannot articulate the scope of their agreement with the breaching party.  The North Carolina Court of Appeals recently issued an opinion that highlights just how problematic this can be. In Rider v. Hodges, two parties entered into an informal agreement for […]

Calculator - ERISA

How ERISA-funded health plans can affect your rights

If you are involved in personal injury litigation, it is important to understand the rights of your insurers to claim a portion of any settlement you recover. In North Carolina, privately-funded health insurance policies are barred from seeking reimbursement from a personal injury settlement.  Said differently, private health insurers cannot seek reimbursement for payments made […]

Money - FDCPA

Creditors: Don’t forget that debtors have rights.

Federal law creates a minefield for individuals and businesses attempting to collect debts.  The primary source that regulates creditor conduct is the Fair Debt Collection Practices Act (FDCPA), a federal statute that purports to protect consumers by forbidding abusive debt collection practices.  When construed in tandem with a creditor’s right to pursue collection of valid […]

Car crash

The Impact of Drunk Driving in Personal Injury and Wrongful Death Cases

DWI Cases – Unique Cases  Personal injury and wrongful death cases that involve drunk driving (driving while impaired) are a unique subcategory of personal injury/wrongful death cases.  Drunk drivers do not enjoy certain protections under the civil laws that law-abiding citizens enjoy.  For example, in the typical tort case, the victim may only recover compensatory […]

Car crash

Understanding liability basics: A handbook of negligence claims, defenses, and burdens of proof.

Navigating the healing and treatment process after a personal injury is difficult enough, but understanding the legal realities affecting your right to recovery can seem impossible.  A skilled attorney can apply the law to the facts of your particular case.  However, even a basic understanding of negligence law can allow you to feel more comfortable […]

Counselor at law signage

Understanding the Attorney-Client Privilege

According to the conventional wisdom, any statement made to an attorney is protected from all forms of disclosure.  However, this is not the case.  The so-called attorney-client privilege applies in a fairly narrow set of circumstances.  Knowing what the attorney-client privilege does and does not encompass is critical to success in litigation, as the decision […]