Articles

Fixing the Fight Beforehand: The Use and Enforceability of Liquidated Damages Clauses in North Carolina Contracts

Written By Allen N. Trask, III

The term "liquidated damages" describes an agreement between contracting parties to set a fixed monetary remedy in the event of breach of a contract.  In other words, the parties to a contract stipulate up front to th…

Before the Aftermath: How to Prepare Now for the Possibility of a Privacy Lapse or Data Security Breach

Despite a greater focus on prevention than ever before, privacy lapses and data security breaches continue to increase as a source of financial, legal, and reputational risk for a wide array of businesses.  According …

The Basics of Responding To A Civil Subpoena

Written By Jeremy M. Wilson

There are many different kinds of subpoenas—civil subpoenas, criminal subpoenas, federal subpoenas, state subpoenas.  This article addresses North Carolina state court civil subpoenas and what to do when you or …

Methods of Collecting Assessments from Members

Written By Justin M. Lewis

In order to perform their duties and fulfill their obligations, community associations must collect assessments from their members.  With the exception of a fortunate few, most community associations must deal with me…

Mitigating The Risk Of Extending Trade Credit: Taking Security From Your Delinquent Customer

Written By Norman J. Leonard

Unless you operate a retail business selling to individual consumers, you probably sell your goods and services to customers on credit.  You may, at one time or another, be asked to extend additional credit to a custo…

Recent EEOC Action May Require Employers to Revise Separation Agreements

Written By Devon D. Williams

When an employer terminates an employee, the employer often will offer some amount of severance pay to the departing employee. In exchange for severance pay, the employee typically will be asked to sign a separation agreem…