Archive | Litigation

Attorneys Fees

Reciprocal Attorneys’ Fees Provisions in Business Contracts

Reciprocal Attorneys’ Fees Provisions in Business Contracts We have previously discussed the scenarios in which prevailing parties in litigation can – and cannot – recoup their attorneys’ fees.  Unfortunately, the law is not particularly generous in allowing parties to recover their fees and costs.  Because there is one aspect of the relevant law that continually […]

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 […]

Townhouse

Landlord-Tenant Basics Part II: Summary Ejectment

Clients often want to know what they can do to evict tenants from property that they own and lease for business or residential use.  Unfortunately, property owners will likely face an eviction at some point. Eviction actions are known as “summary ejectments.”  The law on summary ejectments is a bit different from other areas of […]

Townhouse

Landlord-Tenant Basics Part I: Security Deposit Disputes

The number one priority for landlords should be generating profit, not fighting with tenants.  As such, it is vital for residential and commercial landlords alike to know and comply with the laws governing their relationships with tenants so as to avoid unnecessary, and often costly, conflicts.  The security deposit, which is intended to protect landlords […]

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 […]

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 […]