Power-of-attorney

Powers of Attorney: General Considerations

          While many people recognize the term “power of attorney,” most do not know how to create a valid power of attorney or choose between the various considerations.  It is important to prepare safeguards to protect current and future assets long before one faces severe illness or incapacity.  A power of Read More

negotiate good faith

North Carolina Business Court Recognizes New Duty to Negotiate in Good Faith

While North Carolina has never recognized a fiduciary relationship between lenders and borrowers, in June the North Carolina Business Court did recognized a new cause of action: breach of a duty to negotiate in good faith.[1]    The Court confined its decision to the particular facts present in the case, leaving many questions unanswered regarding this Read More

Vector illustration  Boss kicks out his employee

Removal of Corporate Trustees in North Carolina

     The landscape of the American economy changed dramatically in the last decade, particularly due to the 2008 financial crisis.  America’s largest commercial banks were forced to sell assets, reorganize, shake-up top management positions, and/or close altogether.  As a result, trusts managed by corporate trustees experienced high turnover among trust officials and changes in Read More

Termination-Fired

Fired for Discrimination Complaint: Wrongful Termination Suit Fails to Survive Motion to Dismiss

     The North Carolina Court of Appeals recently affirmed a trial court’s decision to grant a motion to dismiss a lawsuit when the Plaintiff, Lisa Green-Hayes (“Green-Hayes”) failed to properly state a claim for retaliatory wrongful termination.[1]  In her complaint, Green-Hayes alleged she was subjected to the “discriminatory employment practices and … attitude of Read More