Trey Lindley was recently invited to participate in a podcast with The Human Lawyer. CLICK HERE to listen to his interview and learn more about Trey and our office! Happy listening! Here is what The Human Lawyer has to say about the interview: “Trey Lindley is a unicorn, a Charlotte native in a city of transients. He’s also a high achiever, a double Tar Heel, graduating in the top three percent of his class in undergrad, and with honors from law school. Trey wouldn’t know underachievement if it slapped him in the face. He’s been recognized in a variety of ways: a Rising Star, a Super Lawyer, and one…
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“WASHINGTON SQUATTERS” WILL NOT BE THE NEW NAME OF THE FOOTBALL FRANCHISE
Earlier this week, the Washington Redskins announced they would be retiring the team name, due in no small part to societal and corporate pressures that have been mounting for decades. While various fan groups and news outlets speculate and take polls regarding what the new name should be, others are entering the fray to do something about it; namely, registering various potential names in hopes, presumably, of cashing in. The practice is called “trademark squatting” and applies specifically to folks who register trademarks without real intention to use them. To be legitimate, more is required than simply plopping down the $275 application fee with the United States Trademark and Patent…
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WATCH YOUR STEP! THE PITFALLS OF SERVING AS A GUARDIAN, TRUSTEE, EXECUTOR, OR ATTORNEY-IN-FACT
As reported by Charleston’s ABC News 4, a probate judge ruled Mayor John Tecklenburg wrongfully took money from an elderly woman for whom he cares, despite his claims it was done for her benefit and that he had no idea it was improper. Tecklenburg served as the conservator, or guardian, for Johnnie Wineglass, a 92 year-old former school teacher and community volunteer, who was a close family friend and former victim of financial scams. According to Tecklenburg, Wineglass’ finances were insufficient to sustain her medical and nursing home needs and, as a result, he was pressed to generate income for her. His solution to that problem was (1) to take…
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Lindley Law is Hiring!!
Are you a lawyer who’s content with your current firm, without any desire to move? Do your clients routinely praise you for rescuing them from circumstances they considered dire, if not entirely lost? Have you ever wanted to be part of a law firm that encouraged and rewarded your success? Do you want to shape your law firm’s future and build something special? If you answered YES to ALL these questions, we’ve been looking for you. See below to find out why… Lindley Law, PLLC is a boutique litigation firm located in Uptown Charlotte. Lindley Law handles civil litigation matters throughout North Carolina, representing corporations, closely held businesses, and…
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CLAWING BACK ASSETS: THE LESSON CAROLE BASKINS TAUGHT THE TIGER KING AND HIS MOTHER ABOUT FRAUDULENT TRANSFERS
If you’ve seen the true crime documentary series “Tiger King: Murder, Mayhem and Madness”, you may recall Carole Baskins of Big Cat Rescue (“BCR”) sued Joseph Maldonado-Passage f/k/a Joe Schreibvogel a/k/a Joe Exotic in 2013 by for trademark infringement of the BCR logo. That lawsuit resulted in a judgment of approximately $1 million. Unfortunately for prevailing plaintiffs everywhere, however, there is no “judgment cashing store” or other automatic mechanism for recovering an award. Instead, it is incumbent upon the judgment creditor to “execute” on the judgment to locate and seize assets in furtherance of its satisfaction. That post-trial process alone (also called supplemental proceedings) can be time consuming and expensive,…
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FTC ALERT: NURSING HOMES CANNOT CLAIM RESIDENTS’ STIMULUS PAYMENTS
The Federal Trade Commission issued a warning that nursing homes in several states are trying to require their Medicaid residents to sign over their stimulus checks. However, according to the CARES Act, these payments are tax credits, and tax credits do not count as “resources” for the purposes of federal benefits programs like Medicaid. Individuals who reside in long term care facilities typically manage their own money or appoint another person to handle their financial affairs. The stimulus funds are to be handled as any other resident benefits. Since stimulus payments do not count as income, they do not affect Medicaid eligibility or qualify as a Medicaid resource. The FTC…
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NORTH CAROLINA AUTHORIZES TEMPORARY EMERGENCY VIDEO NOTARIZATIONS DURING COVID-19 PANDEMIC
Effective May 4, 2020 through August 1, 2020, Notaries Public are permitted to notarize documents via video conferencing so as not to impede crucial business transactions, real estate transactions, estate planning necessities, medical documents, court documents, and most other important notarizations. In order to be valid, video notarizations must: Be conducted during a real time interaction between the principal signer and the notary; Involve audio-video technology quality that allow for clear video observation of the face of the signer and any acceptable form of identification; and The signer must indicate which county in North Carolina they are in when signing the documents, identify the documents they are singing, and allow…
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MAJOR BANKS ACCUSED OF “DISHONEST AND DEPLORABLE” BEHAVIOR WHEN PRIORITIZING LARGER COMPANIES FOR PPP APPLICATIONS
Class action lawsuits against large corporations are booming in the wake of the Coronavirus pandemic. This month, we examined class action suits against both United Airlines and Ticketmaster regarding their wavering ticket refund policies. Unsurprisingly, given the chaos surrounding the Paycheck Protection Program (“PPP”), several major U.S. banks find themselves defending a class action lawsuit filed by a group of mom-and-pop stores. On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (“Cares”) Act, aimed at providing relief to individuals, businesses, and government organizations suffering amid the Coronavirus pandemic. The CARES Act included the Paycheck Protection Program, which intended to provide American small businesses with cash-flow assistance…
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Lindley Law is Hiring!
Lindley Law, PLLC is a boutique litigation firm located in Uptown Charlotte. Lindley Law handles civil litigation matters throughout North Carolina, representing corporations, closely held businesses, and individuals. We offer services in various civil litigation practice areas and concentrations, including complex business litigation, trust and estate litigation, employment law, construction litigation, landlord-tenant disputes, and incompetency proceedings. Please visit our website for more information about the firm and its practice areas: www.lindleylawoffice.com. Lindley Law seeks an associate with 4-7 years of litigation experience to join the firm, which currently has two practicing attorneys. The position is available immediately. The ideal candidate will be a highly motivated and well-qualified lawyer who is…
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RAGE AGAINST THE TICKETMASTER MACHINE: CLASS ACTION LAWSUIT CHALLENGES CHANGES IN REFUND POLICY AMID COVID-19
Derek Hanson spent $590 on four tickets to two different Rage Against the Machine shows to be held in Oakland this month. Due to the COVID-19 pandemic, those and about 55,000 other events scheduled between March and the end of the year were impacted. Previously, Live Nation and one of its divisions, Ticketmaster, had a policy for which they issued refunds to all events that had been postponed, rescheduled, or cancelled. Like many folks, Hanson wanted a refund since he could use the money and Live Nation’s own president predicted live events may not occur again until 2021. To his surprise, however, Ticketmaster and Live Nation retroactively changed their policy…
