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 […]
Archive | Contract Disputes
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 received a cease and desist letter regarding an employee’s non-compete agreement. Should I be concerned?
By Jason A. Miller on February 8, 2012 in Business Law, Contract Disputes, Litigation, Non-Compete Agreements
Yes! It is surprising how many of my business clients are under the false impression that non-compete agreements are unenforceable in North Carolina. In examining the enforceability of non-compete agreements, North Carolina courts evaluate the time and territory covered by the agreement. Courts also examine whether the agreement covers legitimate business interests or is merely […]
My business has been served with a lawsuit – what do I do?
By Jason A. Miller on January 21, 2012 in Business Law, Construction Law, Contract Disputes, Litigation, Non-Compete Agreements, Shareholder/Partnership Disputes
Act quickly! In North Carolina, a corporation or limited liability company cannot represent itself pro se. Said differently, officers, directors, and owners are prohibited from filing an answer or other legal document in response to a lawsuit. Corporations must hire an attorney licensed to practice law in the state of North Carolina. From the date […]
Why it makes business sense to hire a small firm.
By Jason A. Miller on January 15, 2012 in Business Formation, Business Law, Construction Law, Contract Disputes, Contract Drafting, Fiduciary Litigation, Guardianship, Litigation, Non-Compete Agreements, Shareholder/Partnership Disputes
Many corporate clients have large firms on retainer ready to handle their day-to-day corporate and litigation needs. Large firms typically offer a gray-haired partner to manage the client, while using young associates to perform the majority of the work. This can create a false sense of security for the client that their conversations are with […]