Articles

North Carolina General Assembly Makes Public-Private Development Agreements More Available And Attractive

Written By Clifford P. Parson

Background Before 2005, North Carolina's laws on vested rights offered developers some protection, but not enough, for the large, multi-phased, multi-year, mixed use developments that are becoming the norm.  Develope…

North Carolina Court of Appeals Declines to Enforce Arbitration Clause in Construction Contract

Written By Jason T. Strickland

Introduction An arbitration clause in a contract can affect the method parties will use to resolve disputes, what remedies are available to them, and, most importantly, where they will arbitrate and what state's laws will…

Heads and Tails: Liability and Damages, the Two Inseparable Sides of the Same Coin in Litigation

Written By Allen N. Trask, III

With some limited exceptions (the author is an attorney after all), every litigation case has two phases and crucial steps: liability and damages.  The liability phase answers the question of whether one party must pa…

Did You Tell Them? Employers' Notice Obligations Regarding Whistleblowers Under the Federal Defend Trade Secrets Act

The federal Defend Trade Secrets Act ("DTSA"), an amendment to the Theft of Trade Secrets Act, became effective May 12, 2016.  The DTSA provides trade secret owners an avenue to pursue claims for trade secret misappro…

At Long Last: The Department of Labor Issues Final Salary Threshold Rule Effective December 1, 2016

Written By Grant B. Osborne

After almost a year of speculation and concern, the U.S. Department of Labor ("DOL") today, May 18, 2016, issued its long-awaited Final Rule on overtime exemptions, making a major change to the minimum salary that an emplo…

Choosing Wisely - Selecting a Trustee

Written By Virginia S. Carter

Many people use a revocable trust as part of their estate plan because of its probate avoidance and privacy benefits after death.  In addition, many people, whether using a will or a revocable trust, want their benefi…