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 […]
Archive | Business Law
My business has been forced to file a lawsuit. Is it possible to recover the money we have to spend on an attorney?
By Jason A. Miller on May 29, 2013 in Business Law, Contract Disputes, Litigation, Non-Compete Agreements
Like any other aspect of commerce, business lawsuits are bound by the adage “it takes money to make money.” Even though you’ve already lost money you’re owed, you still have to pay an attorney to recover what you were owed in the first place. Fortunately, North Carolina has two laws that allow you to recover […]
One of my suppliers in another state is suing me in his home state. Do I really have to go all the way across the country to defend myself?
Unfortunately, the answer is probably yes. The standard for determining whether another state’s court system can have jurisdiction over you is whether you have minimum contact with the state in which you’re being sued (the forum state). If the court determines your contact with the forum state is so minimal that it would be unfair […]
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 […]
Should I let my employees run a March Madness pool at work?
There was a survey that came out a couple of years ago claiming that around 75% of people did not like lawyers. The people running the survey theorized it was because lawyers only come around at difficult personal times (when you’re getting sued, divorced, or accused of a crime), or to deliver bad news. This […]
I’m thinking about filing a lawsuit to collect money owed to my business. What does the process involve? How long will it take?
By Jason A. Miller on March 15, 2013 in Business Law, Construction Law, Contract Disputes, Fiduciary Litigation, Litigation, Non-Compete Agreements, Shareholder/Partnership Disputes
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 […]
How do I ensure that my employee’s non-compete agreement is enforceable?
By Jason A. Miller on January 9, 2013 in Business Law, Contract Disputes, Contract Drafting, Litigation, Non-Compete Agreements, Shareholder/Partnership Disputes
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 […]
I won a judgment at trial. Now what?
By Jason A. Miller on January 8, 2013 in Business Law, Construction Law, Contract Disputes, Litigation, Non-Compete Agreements, Shareholder/Partnership Disputes
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 […]
Employee or Independent Contractor?
By Jason A. Miller on December 13, 2012 in Business Law, Contract Disputes, Contract Drafting, Litigation
I’m planning on hiring some new workers, but I want to ensure they are independent contractors and not employees. How do I do that? Especially in today’s business climate, more small business owners are finding they need additional help, but cannot afford the regulatory and financial costs of hiring new employees. In an effort to […]
I’m forming a partnership with a friend of mine. Do I need any sort of paperwork?
By Jason A. Miller on December 2, 2012 in Business Formation, Business Law, Contract Drafting, Shareholder/Partnership Disputes
The first question is why are you forming a partnership? While a partnership is very easy to form, it often does not provide the protection of other business entities and should be avoided. Nonetheless, if you decide to form a partnership, there are some protections you should keep in mind. A partnership is the most […]