• Blog Post

    On Mandating Trustees’ Duty to Inform and Report

    Twenty-three years ago, Clark “CB” Bagby, Jr. assumed control of his father’s already successful demolition and grading company and grew it into one of the largest in the Southeast.  Only one of his four children showed any promise or passion for the family business, the others content to enjoy its fruits.  CB, the sole shareholder of the eponymously named CBDG, Inc., is acutely aware of his need for succession planning and is equally determined to make it as painless for himself as possible.   “I want them to know I’ve taken care of them, but I don’t want to be pestered about what I gave them, whether it’s enough, or…

  • Blog Post

    Kissing Cousins: Breach of Fiduciary Duty and Constructive Fraud

    Breach of fiduciary duty and constructive fraud are probably the most conflated causes of action in fiduciary litigation.  If you can’t readily discern between them, you’re in good company—many practitioners allege them in tandem as a single claim for relief, and a number of opinions from our appellate courts treat them likewise.  Breach of fiduciary duty and constructive fraud are nonetheless distinguishable in two important ways.   To prevail on a claim for breach of fiduciary duty, the plaintiff must prove: (1) the existence of a fiduciary relationship, (2) a breach of the duty owed, and (3) damages proximately caused by the breach. See Green v. Freeman, 367 N.C. 136,…

  • Firm News

    Satie Munn Joins Lindley Law

    On May 4, 2015, Lindley Law welcomed Satie Munn to the firm.  Satie is a 2014 graduate of the UNC School of Law and a Wake Forest University alumnus, where she double-majored in Political Science and Mass Communications.  During law school, Satie served as the Communications Editor of the First Amendment Law Review and completed over 100 hours of pro bono service in such organizations as The North Carolina Center on Actual Innocence and the UNC Law Clinic Program, Juvenile Justice Clinic.

  • Firm News

    Team Lindley Law Raises Over $30,000 for the Cystic Fibrosis Foundation

    On April 18, 2015, Team Lindley Law hiked 30.1 miles of the Appalachian Trail along the North Carolina and Tennessee border to raise funds and awareness in the Cystic Fibrosis Foundation’s mission to find a cure.  Cystic fibrosis is a genetic disease affecting the digestive and respiratory systems. Though medical advancements have been made, the cure for cystic fibrosis has yet to be discovered. Comprised of Trey Lindley, Rusty Gibbs, Al Murray, Ben Johnson, Jason Lindley, Greg Williams, Walker Miller (who agreed to carry bricks for donations of $250 and up), John Schmidt, and Skye McMahan, Team Lindley Law’s goal was to raise at least $30,000, or $1 for each…