Posts tagged with: "litigation"
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22 Feb 2013, 10:07 am by M. Todd Scott
Orrick’s Securities Litigation & Regulatory Enforcement Group is proud to release the 25th Anniversary Edition of The Orrick Guide to Securities Litigation. Users can download this innovative legal research tool on an iPad, Kindle or other electronic reading device to assist them with questions about federal securities class actions, shareholder derivative suits, SEC enforcement actions and other complex business litigation. The Guide offers carefully selected case cites, thoughtful… [read post]
10 Jan 2014, 6:36 am by admin
Good morning!  As most of you know, I recently opened Todd Legal, P.A..  I wanted to explain why there have not been as many legal updates flowing to your inbox lately. It was time to create larger solutions to some of the biggest problems facing Florida’s property insurers: diminishing case predictability, increasing costs, and declining results.  I started Todd Legal, P.A. to [read post]
4 Jun 2012, 8:23 am by admin
Whether you are the sole member of a small limited liability company or the president of an international corporation, the chances are that you will eventually need the assistance of a seasoned business litigation attorney. The Raleigh business litigation law firm of Maginnis Law represents dozens of local, national, and international business, including companies involved [...] [read post]
27 Jul 2012, 11:25 am by admin
Companies employing skilled labor such as doctors, engineers, and architects frequently include arbitration clauses in their employment agreements. The benefit to the employer is that arbitration is typically less expensive and lengthy than the normal litigation process. It also allows the employer to have a say in who decides the outcome of the case. For [...] [read post]
11 May 2012, 1:31 pm by admin
The majority of people who are forced to consider filing a lawsuit have been severely financially damaged by the possible defendant. In the time they need a lawyer the most, they have the least ability to pay. On an hourly basis, many North Carolina attorneys charge $250 or more. You may have another option. The [...] [read post]
23 Jul 2012, 7:21 am by John Tarley
Originally posted 2010-10-13 07:34:52. Republished by Blog Post Promoter  Maybe not, in certain circumstances. A Fairfax County judge has determined that an engineering firm cannot limit its liability by contract in a case involving a 2008 fee contract. The typical fee agreement for an engineering firm includes some form of “limitation of liability” in which [...] [read post]
4 Jan 2012, 12:57 pm by admin
To be successful in any lawsuit, you generally must have a case which fits some valid, applicable “cause of action.” Examples of recognized causes of action include fraud, breach of contract, unfair and deceptive trade practices, and negligence. One of more commonly litigated claims is negligence. In order to prevail at trial on a negligence [...] [read post]
19 Nov 2012, 8:05 am by admin
The False Claims Act (31 USC 3729, et seq) is an important federal law that creates civil liability for those that defraud the government.  A company or individual that submits a false claim for payment to the government can become subject to liability of up to three (3) times any actual damages.  Civil penalties of [...] [read post]
23 Jul 2012, 7:21 am by Susan Tarley
Originally posted 2010-12-08 08:00:44. Republished by Blog Post PromoterImagine if someone told Don Draper and Roger Sterling of Mad Men that they could no longer smoke in their apartments. They would look at you curiously, smirk and light up a cigarette. But Mad Men, the television show about a Madison Avenue advertising agency is set [...] [read post]
14 Aug 2012, 9:37 am by admin
The North Carolina Retaliatory Employment Discrimination Act (“REDA”) prohibits an employer discriminating or retaliating against an employee because he or she files or threatens a workers’ compensation claim. While there are procedural steps that must be strictly adhered to, if the employee is able to prove his or her case before a jury, the damages [...] [read post]
16 Apr 2013, 10:57 am by admin
In North Carolina, it is common for employers to seek to protect their business by having employees sign non-compete agreements. Non-compete agreements generally limit, for a particular time and area, the ability for an employee to leave the company to work in the same industry.  It appears that North Carolina courts are increasingly limiting the [...] [read post]
29 May 2012, 7:46 am by admin
Except for a few varieties of agreements subject to North Carolina’s “statute of frauds,” most other agreements may become written or oral contracts. Both types are recognized by North Carolina law; you do not necessarily need a written document recording your agreement in order to bring a civil lawsuit for breach of contract. If the [...] [read post]
31 May 2012, 5:07 am by admin
For many litigants, obtaining a judgment in trial court proceedings is easier than the part that comes after – collecting. Forcing a judgment debtor to pay is no easy task, even when the sheriff is involved. First, you have to hope the judgment debtor has collectible assets. Second, you have to locate them. The Raleigh [...] [read post]
4 Sep 2012, 5:57 am by John Tarley
Originally posted 2011-04-13 17:44:17. Republished by Blog Post PromoterWe have written on the issues that arise when employees use their work computer for personal business. In that blog article, we referred to a California case in which an appellate court ruled that an employee’s emails to her attorney were not protected by the attorney-client privilege because the [...] [read post]
18 Apr 2013, 8:06 am by admin
Choosing the right North Carolina business entity is an important step in starting or growing a company. Choosing one type of business entity over another can affect liability exposure, taxation rates, management choices, and financing opportunities. Oftentimes there is no clear choice and a detailed analysis of the goals and expectations of the business must [...] [read post]
21 May 2012, 1:39 pm by admin
Collection agencies permitted to do business within North Carolina must not engage in certain types of conduct when attempting to collect debt. Among the proscribed actions is “unreasonable publication” of a person’s debt. If the collection agency illegally communicates your debt to a third party, you may have a claim for damages under the North [...] [read post]
11 Jun 2012, 12:41 pm by John Tarley
Originally posted 2011-09-06 13:00:30. Republished by Blog Post Promoter   With the downturn of the housing industry, we have seen a dramatic increase in the number of construction disputes, especially in residential construction. Owners are battling with the contractors, and subcontractors are trying to get paid by somebody. These cases lead inevitably to litigation. The [...] [read post]
21 Dec 2011, 4:43 am by Peter Bert
In last week’s post on third-party litigation funding, I had been speculating about ERGO’s plans for its recently re-branded litigation funding business, Legial. Perhaps I was not the only one: Today’s Handelsblatt – unfortunately only in the print version, page 36, not available online to non-subscribers – reports that ERGO has no plans to exit the business, as Allianz have done. Quite to the contrary: The paper quotes Legial’s Thomas Kohlmeier as saying that ERGO plans to triple the… [read post]
11 May 2011, 4:38 am by Henry Sneath
By: Henry M. Sneath, principal shareholder and IP Litigation Group Chair at Pittsburgh litigation boutique Picadio, Sneath Miller & Norton, P.C. ( Here is an interesting post from Law.Com, an ALM company, about the thriving business of NPE suits, usually filed against multiple defendants, and the ability of those defendants to turn to patent and IP litigation boutiques for representation. Please visit the Law.Com site for more details. Filed under: Intellectual Property… [read post]
6 Aug 2013, 11:09 pm by admin
Business owners in North Carolina generally have some awareness of the importance in observing corporate formalities in order to avoid being subjected to individual liability for any debts or liabilities of the company.  A failure to exercise corporate formalities or to keep the business separate can subject the owner of the business to a “piercing [...] [read post]