A Legal Moment
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.
Offshore Accounts? Hiding Assets? Who, Me? The FinCEN, the FBAR, and the FATCA.
Many U.S. citizens or residents own bank and other financial accounts located outside the United States for perfectly legitimate reasons, but some may be unintentionally running afoul of "money laundering" laws -- and risking stiff penalties -- by not annually reporting those accounts when the value exceeds $10,000.
A Legal Checklist for Moving to Another State
Moving is one of life’s activities that requires a tremendous amount of planning followed by the effort of implementation. Besides organizing the on-the-ground logistics of packing, traveling, and unpacking, you should also pay careful attention to a number of administrative and legal issues.
Are the People Working for You "Employees" or "Independent Contractors"?
A recent opinion by the North Carolina Court of Appeals demonstrates that businesses may be held vicariously liable for the tortious (wrongful) acts of individuals whom the employer treats as “independent contractors.”
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.”
2019 Estate & Gift Tax Update
2019 continues the recent trend of an historically large federal unified exemption amount for bequests and lifetime gift-giving, and because of this significant change from earlier years, careful review of tax planning provisions in existing estate planning documents is warranted ‒ as well as consideration of lifetime gift planning.
Rent-to-Own Agreements
A popular contract between Landlord/Sellers and Tenant/Buyers comes under increasing government scrutiny.
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.
Who Gets My 401(k)?
The determination of who gets your 401(k) at your death depends on a combination of factors -- whom you intend as a beneficiary of your Plan is not always the same person as who is your Beneficiary.
Don't Get Scammed!
Much of our consumer and financial lives has moved to the on-line realm in the past several years. Scammers have followed us there and are using increasingly sophisticated techniques to steal our confidential information, our money, or, ultimately, our identities. Here's what you can do about it.
Community Association To-Dos: Carry Insurance and Conduct Routine Inspections and Maintenance
$20 Million Verdict Against HOA Counsels that There is More to Litigation Avoidance Than Purchasing Liability Insurance.
2018 Estate & Gift Tax Update
2018 brings a large increase to the federal unified exemption amount for bequests and lifetime gift-giving, and this significant change warrants careful review of tax planning provisions in existing estate planning documents ‒ as well as consideration of lifetime gift planning.
A Business By Any Other Name . . .
Effective December 1, 2017, new rules apply for businesses and individuals seeking to adopt assumed names.
Decision Sheds Light on Owners’ Maintenance Obligation in a Voluntary Association; Reaffirms “Lot Combination” Rule
Property owners held responsible for contributing to the maintenance of all of their subdivision’s common areas even though they used only a portion of the roads and were not members of the voluntary owners’ association.
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.
Should We Get Married?
The ultimate question of whether to marry is far beyond the scope of a law-related article, but there are a number of legal implications pertaining to one's financial matters that arise upon the declaration of "I do," some of which are the subject of this month's A Legal Moment.
eClosings Arrive
North Carolina now allows fully-electronic, paperless real estate closings.
Attorney-Client Privilege and Community Associations
It is important to understand the nature and extent of the attorney-client privilege within the context of a community association if for no other reason than to avoid unintentionally waiving it.
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.
Who Gets What? The Right of Survivorship Feature in Jointly Owned Assets
Although an effective tool generally to avoid probate, a Right of Survivorship Feature in jointly owned assets can have unintended consequences.