Archive | Business Law

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The Earlier The Mediation, The Better

The rules implementing statewide mediated settlement conferences in North Carolina generally require litigants to attend a pre-trial mediated settlement conference and typically a case management order establishes a deadline for completion of the conference.  Parties are free to decide how close to the deadline (or early) that the conference will be scheduled. There is a […]

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MEDIATION BEFORE LITIGATION?

The landscape in civil litigation was changed forever when the mediated settlement conference became a mandatory part of civil superior court cases in North Carolina.  Most lawyers share the sentiment that the change was for the better, although not all of them thought it would turn out that way.  Given the cost to appropriately litigate […]

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 […]

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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 […]

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 […]