• Blog Post

    A Beginners Guide to Arbitration – Part 2 Pros and Cons of Arbitration

    Our June 11th blog post broadly discussed arbitration and the upward trend of including mandatory arbitration clauses in agreements.  This week, we analyze the pros and cons of arbitration to elucidate when arbitration clauses are useful and when they are potentially harmful.   In arbitration, individuals and entities bring legal claims against one another outside the public court system.  Although many aspects of arbitration are similar to a civil court trial, arbitration has a number of key differences.   Pros Speed – Arbitration is generally faster than litigation. Whereas litigation often takes years, the arbitration process may only take a few months. However, arbitration can take longer when there are…

  • Blog Post

    Stormy Daniels and Uber: How Nondisclosure Agreements Affect Your Rights

    Lately the term “non-disclosure agreements” (or “NDAs”)  have inundated the news. These secretive agreements are now forefront in headlines about Stormy Daniels’ alleged affair with President Trump and Uber’s evolving corporate culture in response to claims of sexual harassment and discrimination. This has left many non-lawyers wondering: why do parties enter non-disclosure agreements and how do these agreements work? NDAs are contractual agreements designed to keep specified information confidential.  Such agreements list and/or describe the information prohibited from disclosure and the punishment for disclosing such information, often, a large sum of money known as liquidated damages.  Generally, parties are free to enter a non-disclosure agreement regarding any information, except that…

  • Blog Post

    Stormy Daniels and Uber: How Nondisclosure Agreements Affect Your Rights

    Lately the term “non-disclosure agreements” (or “NDAs”)  have inundated the news. These secretive agreements are now forefront in headlines about Stormy Daniels’ alleged affair with President Trump and Uber’s evolving corporate culture in response to claims of sexual harassment and discrimination. This has left many non-lawyers wondering: why do parties enter non-disclosure agreements and how do these agreements work? NDAs are contractual agreements designed to keep specified information confidential.  Such agreements list and/or describe the information prohibited from disclosure and the punishment for disclosing such information, often, a large sum of money known as liquidated damages.  Generally, parties are free to enter a non-disclosure agreement regarding any information, except that…

  • Blog Post

    Harper Lee’s Estate Sues Aaron Sorkin’s Production of “To Kill a Mockingbird”: When Can Estates Sue and Be Sued?

    Famed Hollywood writer, director, and producer Aaron Sorkin is on the defending end of a lawsuit brought by Harper Lee’s estate.  The estate alleges that his adaptation of the Pulitzer prize-winning “To Kill a Mockingbird” strays too far in the story and the development of some key characters from the original 1960 best selling book. In case you haven’t read it (spoiler alert), “To Kill a Mockingbird” is a favorite among attorneys and the general public alike. At its heart, it is the story of a wrongfully accused African-American man in 1930s Alabama. With prominent local attorney Atticus Finch as his defense counsel, both men struggle with the prejudice and…

  • Blog Post

    Grumpy Cat Is Not As Grumpy After $710,001 Verdict

    We all know Grumpy Cat. She rose to internet fame in 2012 as a meme that swept not only the nation, but the world. With her tiny little scowl, she stole the hearts of millions and even has a wax likeness displayed at Madam Tussaud’s Wax Museum in San Francisco. The six-year-old cat’s real name is Tardar Sauce (sic) and she and her owner, Tabatha Bundesen are $710,001 richer thanks to a court’s ruling regarding copyright and trademark infringement.     In 2013, following closely on the tails of Grumpy Cat’s meteoric rise to notoriety, the owners of Grenade Beverage struck a licensing deal to sell a line of iced…

  • Blog Post

    The Purpose of Non-Disclosure Agreements and How They Could Fail Harvey Weinstein

    What happens when you violate a non-disclosure agreement? Are there any circumstances in which is permissible to violate one without consequences? What are non-disclosure agreements even for? What does everyone have to hide?   Non-disclosure agreements are a way for businesses or individuals to protect confidential information given to their employees or other parties. They can also be called “confidentiality agreements” or simply “NDAs.” At Lindley Law, all employees sign a confidentiality agreement with respect to client information. In addition to attorney-client confidentiality, it is important to the attorney-client relationship that we maintain confidentiality so as to not compromise or prejudice our clients in any way.   Other companies, such…

  • Wedding Photographer Sues For Defamation
    Blog Post

    The Importance of Being Earnest: Contracts Edition

    Most people don’t like reading contracts and it’s no surprise why. They are usually boring, wordy, and full of legalese that can be difficult to understand. Reading them requires an attention span longer than most of us have and it’s easier to just sign on the dotted line rather than slog through each of the terms and determine whether they are agreeable. If a person does not make a living as a general contractor, wedding photographer, or any profession that signs contracts with clients on a regular basis, they may not realize how important a contract is.   At it’s very core, a contract is an agreement defining the rights…

  • Blog Post

    Text Messages Can Be Writings for Statute of Frauds Purposes

                    The statute of frauds is a legal principal that requires certain contracts to be in writing in order to enforce them.  It is traditionally reserved for contracts involving important or expensive subject matter, such as the sale of land, contracts for marriage, or the sale of goods totaling more than $500.  In these instances, the contract is only enforceable if the terms of the agreement are in writing and it is signed by the party against whom the agreement is being enforced.  It is used as a defense in cases where one party is suing another for breach of contract regarding one of the situations the statute covers.  For…

  • Blog Post

    Mental Incompetency in Guardianship and Divorce

              It is not uncommon for courts to name one’s spouse as their guardian, but what happens when the incompetent party wants to get divorced from his wife and guardian? Can one be incompetent, yet understand the consequences of and express a desire to get divorced?             Carolyn, the wife of an eighty-eight year old Kentucky man, Elmer Riehle, petitioned the court to appoint a guardian for her husband for financial reasons – to protect both herself and Elmer.[1]  Carolyn decided to file the petition after Elmer sent thousands of dollars of the couple’s money to an e-mail scammer claiming to…

  • Blog Post

    Six Things Every Lawyer Should Know When Drafting a Non-Compete Agreement in North Carolina

              When advising clients and drafting employment contracts with non-compete clauses, there are several things every lawyer should keep in mind.  The general rule is courts will enforce non-compete clauses to the extent they are reasonably necessary to protect legitimate business interests.[1]  In North Carolina, they must be (1) in writing and (2) signed by the parties.[2]  The following seven tips will strengthen a typical non-compete agreement and increase its likelihood of enforceability in a court of law:   1. Know Your State’s Disclosure Requirements             Some, but not all, states require employers to disclose the existence of a non-compete clause…