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OWNERSHIP AND MANAGEMENT TRANSITIONS – THE FUTURE OF YOUR BUSINESS

By Beth F. Atkins [email protected]  www.howardstallings.com Most businesses carefully plan their start-up strategies, including funding, management, ownership structure and marketing; but they do not always think about future ownership changes, which may seem remote. After the business is up and running, there is often little time to think about the “what ifs”.  Such as, what […]

WHEN IT PAYS TO BE ORDINARY

  ORDINARY COURSE OF BUSINESS: WHEN IT PAYS TO BE ORDINARY Perhaps the most frequent claim litigated in bankruptcy court is the preference. In an earlier post, my partner James Angell discussed the basics of preference claims and their defenses.  This post delves deeper into the most popular (or unpopular depending on your perspective) of […]

Hurricane Florence

We understand you may experience difficulties associated with this hurricane. You can rest assured that we care about your safety and are here when you need us at Howard Stallings. Hurricane Insurance Claims 101

‘Too Little Too Late’: Bankruptcy Booms Among Older Americans

Nicholas Brown @ howardstallings.com  Interesting article on the aging of bankruptcy filers (and a good pitch for financial planners!) ‘Too Little Too Late’: Bankruptcy Booms Among Older Americans  Lawrence Sedita, a 74-year-old former carpenter, said he lost his health insurance about two years ago after his union changed the eligibility requirements. He and his wife filed […]

TWO MILLION DOLLAR RECOVERY REPORTED IN TRIAL BRIEFS MAGAZINE

NCAJ’s Trial Briefs Magazine recently featured the following story on one of our cases: In April of 2018, Robby Jessup and Joan Davis [of RDU Injury Law/Howard Stallings] obtained a Two Million Dollar settlement for the wrongful death of a motorcyclist. Phil Sabino, a 45-year-old father, was killed in August of 2015 when a Honda Accord crossed under the […]

Employment Background Checks

  Employment Background Checks—Avoiding Costly Mistakes By Elizabeth Buckley   Many businesses obtain background checks for employment purposes, especially during the hiring or promotion process.  When an employer contracts an outside agency to collect credit or other background information related to an employee or job applicant, the resulting report constitutes a “consumer report” which is […]

Your Assumed Business Name Certificate

It’s Time to Update Your Assumed Business Name Certificate By Brooke Dalrymple A new statute governing assumed business names (sometimes referred to as “doing business as” or “d/b/a” names) in North Carolina went into effect on December 1, 2017.  Article 14A of Chapter 66 of the North Carolina General Statutes (the “Assumed Business Name Act” […]

The Availability of Attorneys’ Fees in Estate Litigation Cases

Who’s paying you? The Availability of Attorneys’ Fees in Estate Litigation Cases I’m pleased to have been asked to write a chapter in a forthcoming book to be published by the North Carolina State Bar Association regarding estate litigation cases. My specific topic is the availability of attorneys’ fees in estate litigation cases. Estate litigation […]

A Big Win for Commercial Tenants! The NC Supreme Court Clarifies Damages for Condemnation of a Leasehold Interest

B. Joan Davis Senior Litigator – Commercial Real Estate, Eminent Domain, Complex Commercial Cases There are two important takeaways from last month’s Supreme Court decision in NCDOT v. Adams Outdoor Advertising of Charlotte Limited Partnership, (No. 206PA16) September 29, 2017: 1)     The first is that a tenant’s right to automatic renewal options is compensable. Those of us who handle […]

The Holographic Will

By Douglas Noreen An Australian court recently decided a case wherein an unsent text message was used as a will for a man who subsequently died. His widow, who had been disinherited in the “text message will,” contested the will, arguing that because he did not send the text message, the deceased did not make […]

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