• Blog Post

    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 attorney is a straightforward and…

  • Blog Post,  Uncategorized

    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 type of claim.   BB&T…

  • Blog Post

    The Line Between Cyber-bullying and Freedom of Speech

          The intersection of free speech and safety on social media has been a hotly debated topic for many years.  Because cyber-bullying takes many different forms, it is difficult to define.  While several states criminalize cyber-bullying, the language of these statutes vary greatly and are just recently being challenged under First Amendment grounds.  In June, the North Carolina…

  • Blog Post

    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 corporate ownership.  While there are…

  • Blog Post

    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 [defendant]” when he refused to…