Unemployment Benefits Attorney for Small Businesses

For business owners who have elected to terminate an employee, and that employee files for unemployment, there is often some concern about the impact on their business if unemployment benefits are charged to the company account with the Division of Employment Security (formerly the Employment Security Commission).  If you have received an appeal from the […]

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, […]

Collections from a Limited Liability Company

Our law firm is often asked by our business clients about the benefits in protection from individual personal liability as a result of organizing their small business as a Limited Liability Company. LLCs generally protect company debts from being attributable to a debtor personally. However, what about the converse? Can a debt owed by an […]

Personal Guarantees on Commercial Contract Collections

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 […]

North Carolina Punitive Damages Law

You are probably familiar with the phrase “punitive damages,” but you may not quite understand what it means and the types of cases where such damages are available. In North Carolina, the majority of controlling law is found in Chapter 1D of our General Statutes. The Raleigh civil litigation attorneys of Maginnis Law are familiar with the provisions […]

Raleigh Business Litigation Attorneys

a woman about to sign a document while someone hands her a pen with one hand, and money in the other hand

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 Howard represents dozens of local, national, and international business, including companies involved […]

North Carolina Contingency Fee Attorneys

Do you need a lawyer but may not be able to pay an hourly fee? The majority of people who are forced to consider filing a lawsuit have been severely financially impacted by the possible defendant. In the time they need a lawyer the most, they have the least ability to pay. On an hourly basis, […]

North Carolina Commercial Creditor Attorney

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. […]

Using IRS 20 Factor Test to Assist in Employment Disputes

The question of whether a business’s workers are employees or independent contractors is a common issue for Wake County small businesses.  A worker’s employment status creates numerous potential litigation exposures including tax liability for employee withholding wages as well as civil suits under the Fair Labor Standards Act and/or the North Carolina Wage and Hour […]