Dominating news headlines this week is the revelation of Michael Cohen’s third mystery client. President Donald Trump’s personal attorney’s home, hotel, and office were raided pursuant to a search warrant and his files were seized by the Federal Bureau of Investigation. In a hearing on Monday, a federal judge ruled that Cohen, could review the materials that the FBI seized, but did not rule on how prosecutors could use the evidence. Michael Cohen is currently under investigation by prosecutors “for criminal conduct that largely centers on his personal business dealings.” Ten boxes of paper files were confiscated along with computer hard drives and other electronic data storage devices. On…
-
-
The Limitations of Subpoenas: When are They Too Much?
Have you or your company ever been subpoenaed by someone and you wonder, “wait, why am I being dragged into their mess?” It seems unfair. Why should you have to take time out of your busy day to help someone else either pursue or defend their own lawsuit? Let’s face it, most people don’t want to be involved in litigation of any kind, let alone someone else’s litigation. There’s nothing to be gained and only time and money to be lost. However, a North Carolina Business Court ruling last year made clear that non-parties to the case should not be unduly burdened with subpoena requests or required to turn over…
-
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…
