• Blog Post

    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…

  • Blog Post

    EMI DOESN’T LOVE KANYE LIKE KANYE LOVES KANYE

    Recording artist Kanye West and music publisher EMI are currently embroiled in dueling lawsuits with each other regarding an alleged breach of West’s co-publishing contract with EMI.  West, who filed a complaint against EMI in court in California, asserts that California law should govern the terms of the contract.  He also asserts that the contract amounts to a contract for personal services that began in 2003, thus violating a California statute that limits personal services contracts to seven years or less.  Conversely, EMI filed a complaint in New York, asserting that New York law governs due to the choice of law provision in the contract.  EMI also asserts that West’s…

  • Blog Post

    IN THE MARKET FOR TRADE SECRETS

    In early March, retail grocery store company Aldi, Inc. filed a lawsuit in the Eastern District of North Carolina against two former employees who joined rival company Lidl US.  The two former employees, Bruna Maraccini and Colleen Savory, are named as Defendants in the complaint.  Both were involved in the company’s real estate strategy and acquisition efforts, and are alleged to have misappropriated trade secrets of their former company for the benefit of their new company.  The complaint also alleges that Ms. Maraccini, who was a director of real estate for North Carolina and Virginia while at Aldi, violated confidentiality, non-compete, and non-solicitation agreements by accepting a similar position with…

  • Blog Post

    OPPOSING COUNSEL, WILL YOU BE MY VALENTINE?

    The North Carolina Bar released Proposed 2019 Formal Ethics Opinion 3 in January, addressing questions relating to intimate relationships between opposing counsel.  The question presented is whether it is permissible for a prosecutor and a criminal defense attorney to engage in a romantic relationship while serving as opposing counsel in multiple cases, and whether the attorneys are obligated to disclose this relationship.  Due to concerns regarding actual or potential conflicts of interest, the Bar opines that it is permissible only under certain limited circumstances. The North Carolina Rules of Professional Conduct North Carolina attorneys are governed by the North Carolina Rules of Professional Conduct.  As a basis for the proposed…

  • Blog Post

    Congratulations to Trey Lindley and Satie Munn

    Lindley Law is pleased to announce Trey Lindley was selected as a 2019 Super Lawyer in Estate and Trust Litigation by Super Lawyers Magazine, making this his eighth consecutive honor from the publication. Lindley Law is also pleased to announce Satie Munn was selected as a 2019 Rising Star in Business Litigation by Super Lawyers Magazine, her first such honor from the publication. Super Lawyers Magazine recognizes outstanding attorneys using a multi-step process that involves soliciting nominations from attorneys across North Carolina (lawyers are not allowed to vote for themselves), a third-party evaluation across 12 key categories, and a peer evaluation by a highly credentialed panel of attorneys. Finalists have attained a high…

  • Blog Post

    Can North Carolina Employers Compel Drug Testing and DNA Testing?

    In December 2018, a Phoenix, Arizona woman, who spent the last fourteen (14) years in a coma, gave birth to a healthy baby.  A police investigation concluded that, while in her comatose state, she had been raped multiple times.  The staff at the healthcare facility where she was a patient stated that no one knew she was pregnant until she went into labor.  In response to a search warrant issued to the employer, the employer requested that all male employees provide a DNA sample to determine whether the individual who impregnated the woman was a staff member.   Without question, the facts of this investigation are shocking.  However, it does…

  • Blog Post

    ‘I Say a Little Prayer’ that Aretha Franklin’s children have ‘Respect’ and Are Not a ‘Chain of Fools’

    American singer and songwriter Aretha Franklin passed away on August 16 at the age of 76 after battling advanced pancreatic cancer. In the days following her passing, her four sons filed documents with the Michigan Probate Court stating that Aretha passed without a will or trust, and claimed to be interested parties in her estate. Aretha’s niece, Sabrina Garrett Owens is the personal representative to administer the estate. When a person dies with a will, the probate court uses that and other documents (such as a trust), to guide them in determining the proper distribution of the deceased’s assets. However, when a person dies without a will, or “intestate,” their…

  • Blog Post

    The Buzz About Aldrin’s Competency

    On June 7, 2018, Buzz Aldrin, Presidential Medal of Freedom recipient and the second man to walk on the moon, filed a lawsuit against two of his children, Andrew and Janice Aldrin, and his former business manager, Christina Korp.  The lawsuit responds to a May 2018 Florida Court filing in which Andrew Aldrin, Janice Aldrin, and Christina Korp requested appointment as Buzz Aldrin’s legal guardians due to Buzz’s “cognitive decline” and his recent episodes of paranoia and confusion.  Buzz Aldrin’s lawsuit claims Andrew Aldrin and Christina Korp took control of his “personal credit cards, bank accounts, trust money, space memorabilia, space artifacts, social media accounts, and all elements of the…

  • Blog Post

    The Right To Teach The Law

    Charlotte’s only law school, Charlotte School of Law, closed in August 2017.  The news followed multiple years of low bar passage rates and prior disciplinary actions from regulatory authorities, such as probation from the American Bar Association (“ABA”) and revocation of federally funded student loans.  Even after closing its doors, Charlotte School of Law remains in the headlines in 2018. Charlotte School of Law is entangled in a number of class action lawsuits with former students who allege the school misrepresented its ABA accreditation status and bar passage rates.  Additionally, former faculty members filed a lawsuit against the school for purportedly defrauding taxpayers by manipulating records to increase enrollment and…

  • Firm News

    Happy May!

    It’s hard to believe we have been in our new location for a month!  We made the move from our previous location on McDowell Street to a beautiful converted historic home in Fourth Ward and are enjoying all the charm the area has to offer. The new space also provides us with plenty of room to grow! There are six offices available for lease, and we look forward to meeting potential tenants. If you are interested in renting one or more of the offices, please give us a call at 704-457-1010. This week the firm enjoyed attending the Mecklenburg County Bar’s Law Day Luncheon. We are proud to have had…