Individual Business Owner Liability — Raleigh Business Litigation Lawyer

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 […]

Overview of North Carolina Franchise Law

There are significant benefits to operating a franchise. Franchisors use other people’s money to expand the business. Franchise fees and ongoing royalties allow franchisors to grow without sacrificing control. The influx of capital funds marketing, improves quality of goods and services, and builds the brand. Franchisees benefit by having an established business model to follow, with […]

Unauthorized Practice of Law by a Corporation, LLC, or S-Corp

business law and litigation between two people at a desk

When a corporation, LLC, or S-Corp is involved in a lawsuit, can an agent appear in court on the corporation’s behalf? The answer in North Carolina is no. North Carolina General Statute § 84-5 provides that a corporation cannot practice law in North Carolina. Although agents may negotiate with parties on behalf of the corporation, […]

North Carolina Wage Claims for Employee Unpaid Vacation Time

States vary as to whether or not vacation pay or sick leave pay must be paid to employees when their period of employment ends with a company.  Although North Carolina does not require employers to provide paid time off, if the employer does promise vacation pay or vacation time off with pay, then the employer […]

False Claims Act Attorney | Federal Civil Litigation Defense Lawyer

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 […]

North Carolina Civil Conversion Claim Attorney

North Carolina law provides a number of civil claims that entitle a plaintiff to sue a party that has acted wrongfully. Among the more common and understandable claims is conversion, which is essentially a civil claim for theft or stealing. The North Carolina Supreme Court in the recent case Variety Wholesalers, Inc. v. Salem Logistics […]

Wake County Security Deposit Litigation for Residential Real Estate

Raleigh residential investment property landlords must become familiar with the Tenant Security Deposit Act. This law governs the required steps that must be taken by landlords to ensure that tenants cannot recover their entire security deposit unless it is owed to them. If a landlord has failed to comply with any of the requirements of […]

Subrogation Lawsuits by Homeowner’s Insurance Companies

Homeowner’s insurance policies provide coverage for a wide range of “occurrences,” including: fires, collapsing roofs, water damage from burst pipes, and other incidents which require thousands of dollars to remediate. If the homeowner’s insurance company believes it has paid on a claim where the occurrence was caused by the negligence of a contractor, it will […]