Archive | Contract Drafting

Document

The Durable Power of Attorney under the New N.C. Law

Issues surrounding the execution and validity of powers of attorney can dramatically impact litigation, especially when a party is adjudicated incompetent.  When this happens, questions about the validity of the document inevitably arise, and occasionally the motives of the agent acting on behalf of an incapacitated party come into question. It doesn’t help that the […]

Document

The Power of Attorney: The Basics

A guest post by Christopher S. Morden, Monroe Wallace Law Group Thank you to the attorneys and staff of Miller Monroe & Plyler PLLC for the opportunity to submit a guest post on their legal blog. This post addresses the common questions: what is a Power of Attorney and why is it important? A Power […]

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 […]

Jason Miller and Jeff Monroe named to 2016 Legal Elite list.

Miller & Monroe PLLC is pleased to announce that partners Jason A. Miller and Jeffrey R. Monroe were selected to the 2016 Legal Elite list by Business North Carolina magazine in the Litigation and Young Guns categories, respectively.  This marks the fourth consecutive year that Mr. Miller has been honored by Business North Carolina magazine. […]

Miller Admitted To Practice Law in State of New York

In June 2015, Jason A. Miller, partner with Miller & Monroe, was admitted to practice law in his native State of New York.  Business clients and investors will now be able to rely on the same predictable quality service and expertise of Miller & Monroe when doing business in the Empire State.  If you do […]

headshot-jason

Jason A. Miller named to 2015 Legal Elite list.

Miller & Monroe is pleased to announce that partner Jason A. Miller was selected to the 2015 Legal Elite list by Business North Carolina magazine in both the Litigation and Young Guns categories.  This marks the third consecutive year that Mr. Miller has been honored by Business North Carolina magazine. Business North Carolina magazine honors […]

How do I ensure that my employee’s non-compete agreement is enforceable?

North Carolina courts apply a reasonableness test when looking at non-compete agreements. The agreement must be reasonable as to the time period during which the employee is prohibited from competing, the territory in which the employee is prohibited from competing, and the restrictions must serve a legitimate business purpose. In addition, the employer must give […]