A Legal Moment
A Litigator's View of Social Media
While social media enables people to share their lives, those same images, posts and tweets can come back to bite them during litigation.
Third-Party Subpoenas
A powerful tool in civil litigation allows parties to a lawsuit access to non-litigants’ documents, testimony or properties. This month’s Legal Moment explores the basic parameters of Third-Party Subpoenas.
False Claims Act Update
In 2018, total judgments and settlements under the federal False Claims Act amounted to more than $2.8 billion dollars with health care fraud accounting for more than 85% of the recoveries. This month’s article revisits “Lincoln’s Law.”
Alternative Dispute Resolution -- Part II: Arbitration
In this second installment of our series discussing alternative dispute resolution, we discuss a forum frequently required in form contracts including construction projects and insurance agreements, among others.
Alternative Dispute Resolution -- Part I: Mediation
A mediated settlement conference has a high probability of achieving a mutually-acceptable outcome to a dispute while curtailing the time and expense of litigation.
I-26 Connector Developments
The DOT's I-26 Connector project will benefit Asheville and Buncombe County. But its benefits should not come at the expense of any landowner who faces being divested of a portion of his or her lands without just compensation through eminent domain proceedings.
Non-Compete, Non-Solicitation and Confidentiality Agreements
Disfavored by the law, restrictive covenants in employment agreements must be carefully tailored to the circumstances.
Cellular Data Privacy 101
Our always-on, always-ready phones may gather as much information about us as they provide to us, creating a host of privacy issues.
When the "Sovereign" is Negligent
In spite of the ancient doctrine of "sovereign immunity," it is possible to sue the United States government for negligence.
A Primer on Legal Issues Small Businesses Face
If you are a small business owner, an entrepreneur, or about to start-up a business, a basic understanding of the legal issues small businesses typically face is essential to avoid economic failure or unforeseen litigation.
It's a Bird, It's a Plane! No, It's a UAS!
Drones are an increasing feature of our governmental, commercial, and personal Landscape -- and Lawmakers are scrambling to keep up.
Contesting a Will ("Will Caveats")
As the greatest inter-generational wealth transfer in U.S. history unfolds, North Carolina lawyers are seeing substantial increases in the filing of Will Caveat proceedings challenging the validity of a Last Will and Testament
Eminent Domain (Condemnation)
Although the government's power to condemn private property is expansive and even expanding, the property owner is not without tools with which to contest the condemnation or maximize the "just compensation" to which the owner is due.
Blowing the Whistle: Qui Tam Lawsuits
"Doing the Right Thing" Sometimes Pays a Handsome Dividend.
Selling Your Small Business
Perhaps the Largest Financial Transaction You will Ever Enter, It is Important to Get it Right the First Time!
A Construction Law Primer
Given the Number of Potential "Players" and Issues Involved, Lawsuits Involving Construction Problems Qualify as the Proverbial "Legal Battlefield"
Shared Driveways, Alleys and Nightmares
Shared driveways, private roads, and alleys, “Oh my!” Although everyday we probably drive over somebody’s private road or alley, we give little thought to it until one of two likely unwelcome events occur; (1) a lender is requiring a “shared driveway agreement” prior to closing, or (2) the roadway needs repairs and someone is knocking on your door for money.