Posts tagged with: "litigation"
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4 Jun 2012, 8:23 am
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]
11 May 2012, 1:31 pm
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]
30 Sep 2010, 4:51 pm
One of the first questions that a potential inheritance litigation client quite reasonably asks is some form of the following question: “How much is this ultimately going to cost me?” While there is unfortunately little or no way of determining on the front end how much a legal matter might cost, how that cost will be calculated generally is capable of early [...] [read post]
21 May 2012, 1:39 pm
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]
10 Apr 2012, 10:38 am
Each year, thousands of North Carolina businesses illegally fail to purchase Workers Compensation insurance and thereby place their employees at risk of catastrophic loss. The problem was discussed at length by the News and Observer in this April 1, 2012 article. Fortunately, under certain situations, the employee may have an additional right not discussed in [...] [read post]
29 May 2012, 7:46 am
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]
23 Jul 2012, 7:21 am
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]
18 Jul 2012, 10:03 am
For many startup businesses, it can be impossible to obtain credit without offering a personal guarantee of an owner or officer. If the business is not successful, and cannot pay its debts, this guarantee can come back to haunt the owner or officer. Most creditors’ attorneys will file suit on a breach of contract claim [...] [read post]
16 Apr 2013, 10:57 am
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]
11 May 2011, 4:38 am
By: Henry M. Sneath, principal shareholder and IP Litigation Group Chair at Pittsburgh litigation boutique Picadio, Sneath Miller & Norton, P.C. (hsneath@psmn.com)
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]
7 Sep 2012, 9:46 am
The North Carolina Wage and Hour Act is a law designed to protect an employee’s right to receive fair compensation for his or her work. It is an important safeguard against business owners who fail to take care of their employees. Among its many protections is a provision that requires all employers to ensure their [...] [read post]
20 Mar 2012, 8:34 am
If you own businesses – whether small, medium, or large – indemnity and contribution are important facets of North Carolina law which you should understand. These theories entitle a defendant in a civil law suit to reimbursement for part or all of any damages paid to the Plaintiff. Such reimbursement can be recovered from co-defendants [...] [read post]
27 Jul 2012, 11:31 am
Premises liability is the area of law that permits recovery of money damages when one is injured by an unsafe condition on another person’s property. An interesting aspect of premises liability law is the “attractive nuisance doctrine.” This principle holds that a property owner can be held liable for an injury to trespassing child if [...] [read post]
4 Jan 2012, 12:57 pm
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]
30 Apr 2012, 10:38 am
Whether you are a startup or an established company with hundreds of outstanding accounts receivable, the collection of AR and other unpaid debts is a major factor in the success of your business. Failure to collect on accounts can leave you scrambling to meet your own financial obligations, including payroll, taxes, and other employee expenses. [...] [read post]
10 Aug 2012, 5:41 am
Our friends at Thompson and Knight have provided the latest on the cost to businesses and society of Patent Troll litigation. The costs remain staggering. We share their article with you and commend you to its reading. Thanks to author R. David Donoghue. See link below: http://www.retailpatentlitigation.com/2012/08/07/trolls-cost-society-29-billion-with-a-b-in-2011/#page=1
Filed under: Intellectual Property Litigation, Patents Tagged: IP Economics, patent damages, patent litigation, Patent Trolls,… [read post]
7 Jan 2013, 1:38 pm
Larry S. Hymes and Douglas K. Schreiber are pleased to announce the formation of their new law firm, Anker, Hymes & Schreiber, LLP to continue the Anker Reed HSC tradition of serving your legal needs. [read post]
23 Jul 2012, 7:21 am
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]
19 Nov 2012, 8:05 am
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]
17 Jul 2012, 2:12 pm
Consumers purchase life insurance policies to ensure that their families are financially cared for when they pass away. The life insurance policy is a contract whereby you pay your premium and, in exchange, the life insurer pays out the death benefit to your beneficiaries if you die during the policy period. In determining whether to [...] [read post]