Our May Focus: Working Through Difficult Times

The May theme, “Working Through Difficult Times,” revolves around acknowledging and addressing the challenges individuals and businesses face during challenging times.

Easing the Burden: The Gift of Planning for Incapacity

by Virginia Carter and Eldridge Dodson, Trusts and Estates Attorneys

The article focuses on the challenges of caring for aging family members with dementia and emphasizes the importance of planning in advance to alleviate stress for both caregivers and the individuals receiving care. It suggests creating essential legal documents like a health care power of attorney, durable power of attorney, and HIPAA authorization to designate decision-makers for medical and financial matters. READ MORE

Tax Treatment of the Sales of Social Club Assets Upon Liquidation 

by Steve Long, Tax Attorney

The article discusses the tax implications of social clubs selling assets upon liquidation. It explains that social clubs are generally tax-exempt under Section 501(c)(7) of the Internal Revenue Code but can generate a limited amount of income from non-members. READ MORE

FTC: Three Enforcement Actions and a Ruling

by Angela Doughty, CIPP/US, AIGP and Mayukh Sircar, CIPP/US, Certified Privacy Professionals and Attorneys

The article highlights recent enforcement actions by the Federal Trade Commission (FTC) regarding the mishandling of consumer data by companies in the digital landscape. Additionally, the article stresses the significance of accountability, transparency, obtaining informed consent, and honoring privacy promises in companies’ data handling practices.  READ MORE

Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations

by Ken Gray and Justin Hill, Labor and Employment Attorneys

The article discusses how employers should prepare for challenging disciplinary situations, particularly when termination of employment becomes necessary. Employers are advised to understand legal limitations related to discharging employees, including at-will employment, wrongful termination laws, and public policy exceptions. READ MORE

Navigating Easement Disputes in North Carolina

by Ryal Tayloe, Construction Attorney

This article focuses on how to navigate property disputes regarding easements between owners. The article breaks down what easements are, how they are created, and the type of disputes that can arise regarding easements. READ MORE

Closely Held Businesses: You Make the Plan, or a Plan Will be Made for You

by Merrill Jones and Zac Lamb, Business Succession Attorneys

This article discusses the importance of succession planning for closely held businesses, likening it to making a will for an individual. It emphasizes the necessity for business owners to proactively create and implement a succession plan to ensure continuity of operations, maximize business value, provide for family members or key employees, and secure the business’s legacy. READ MORE

Leaving the Nest: Healthy Community Association Transition

by Dana Lingenfelser and Allen Trask, Community Associations Attorneys

The article discusses the transition process of community associations from private developers to community members in North Carolina. It emphasizes the importance of proper planning, open communication, and a proactive approach to ensure a smooth and amicable transition. READ MORE

Can I Require a “True Up” in a Subchapter V Plan of Reorganization?

by Lance Martin, Bankruptcy + Creditors’ Rights Attorney

This article discusses the complexities and considerations for creditors in Subchapter V reorganizations under Chapter 11 of the Bankruptcy Code, and underscores the importance for creditors to negotiate true-up provisions and regular reporting with debtors to mitigate losses. It also highlights that North Carolina courts have yet to address this issue. READ MORE

Working with Your Family Law Attorney: Practical Tips for Surviving the Stress of Separation and Divorce

by Bill Durr, Litigation Attorney, Family Law

The article discusses the immense stress associated with divorce and separation, emphasizing the importance of a strong attorney-client relationship in navigating such challenging times. It provides valuable insights on selecting the right family law attorney, highlighting qualities to look for, the significance of open communication, and the necessity of organization. READ MORE