Archive | Litigation

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 […]

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 […]

My business received a bad online review that is not fair or accurate. What are my legal options to have it removed?

Since you can’t please all the people all the time, it is almost inevitable that this will happen to your business at some point. In many cases, a good faith attempt to resolve the issue will work; in the remaining cases, you may wish to pursue your legal options. Unfortunately, they aren’t very viable. North […]

I received a cease and desist letter regarding an employee’s non-compete agreement. Should I be concerned?

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?

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.

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 […]