Archive | Shareholder/Partnership Disputes

Domestication de-mystified: Four Steps for executing on your foreign judgment in North Carolina

In January, we discussed the judgment execution process.  In light of positive feedback, we wanted to follow that post by addressing a related, and equally intimidating process: domesticating a foreign judgment.  That is, if you are an out-of-state judgment creditor with a judgment against a North Carolina resident or corporation, how do you enforce your […]

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Can a Prevailing Party Recover Its Attorneys’ Fees?

  Clients are naturally curious as to whether they can recoup their attorneys’ fees if they prevail in litigation.  The short (and disappointing) answer is: typically not.  Under the antiquated (and arguably more logical) “English Rule,” the losing party was forced to pay both its own attorneys’ fees and the prevailing party’s.  Unfortunately for successful […]

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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. […]

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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 […]

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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 […]

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My business partner is misappropriating funds from our business. What can I do?

When faced with a difficult situation like this, there are two legal paths that you can follow.  First, you can bring an individual lawsuit against your business partner seeking monetary damages for misappropriated funds.  Second, depending on a number of factors, you may be able to force the corporation to bring the lawsuit against your […]

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I’ve been moved out of my own company and want to be bought out. What are my rights?

I started a corporation with two friends. We all own one-third of the shares. Recently, I’ve come into conflict with my co-owners, and they have prevented me from a voice in running the business and have fired me as an employee. I’d like to be bought out, but they aren’t making a fair offer. Is […]

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I’m thinking about filing a lawsuit to collect money owed to my business. What does the process involve? How long will it take?

Although every case is different, most follow the same general pattern. They all begin with initial filings, which are usually followed by the discovery process. There will likely be hearings on various motions at some point. Most suits will be ordered to mediation to see if they can be settled before trial. If settlement is […]

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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 […]

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I won a judgment at trial. Now what?

I won a case against someone who owes me money. How do I go about collecting what the court said I am owed? Unfortunately, the easiest part about taking someone to court is sometimes prevailing at the hearing or trial, and the actual collection of the money owed can be the most complicated. While it […]

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