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With so many of our friends and family in the hospitality business, this blog explores potential legal doctrines that may serve as a basis for defending business owners against breach of contract and breach of lease claims by vendors and commercial landlords. Of course, it is our overwhelming hope that this crisis will be short-lived […]
While the internet has increased the availability of forms and instruction and “virtual” lawyers, there are certain times and places where only an actual lawyer will do. There could be many an article written about the errors or omissions in documents drafted through forms off the internet by individuals or principals in a corporation, because […]
All too often, our commercial litigators sit down with a potential client to learn of allegations of fraud against a business partner, employee, or fiduciary. While an actual fraud claim is obvious in these instances, a constructive fraud claim can be much more powerful. A constructive fraud claim is based on the exploitation of a […]
No lender would provide funding to a business on the cusp of bankruptcy, but sometimes that’s exactly where lenders find themselves when a debtor lies about its financial condition in order to procure a loan. What may be surprising is that a lender may have no recourse against the bankrupt debtor if it does not […]
The purpose of setting up a business entity is to protect yourself – as a founder, officer, director, or shareholder – from personal liability for your business’ debts and legal obligations. The law recognizes a corporation as a separate legal “person” for liability purposes. This means that if a third-party obtains a judgment against your […]
If you have ever negotiated a real estate or commercial contract, you’re likely familiar with the term “liquidated damages.” Liquidated damages are, in short, a sum that a party agrees to pay in the event he breaches a contract. Stated differently, the parties can agree up front how much the breaching party will owe the […]
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 […]
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 […]
What to Expect in North Carolina Foreclosure Proceedings Whether you are a homeowner or a judgment creditor with a lien on real property, understanding the foreclosure process is critical, as it affects your rights as either a debtor or a creditor. North Carolina is a “power of sale” state, meaning that foreclosure proceedings are ultimately […]
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 […]
