Legalzoom may be a step closer to overcoming the NC State Bar’s assertion that its online legal document service constitutes the unauthorized practice of law (UPL), following yesterday’s ruling in LegalZoom, Inc. v. North Carolina State Bar, 2014 NCBC 9. Or it may be only a few questions away from a ruling that would
March 2014
NC Business Court Puts Teeth In Protective Order
I’ve never thought much about the consequences of the violation of a Protective Order. In fact, before last week’s Business Court ruling in Out of the Box Developers, LLC v. Logicbit Corp., 2014 NCBC 7, no North Carolina case had "squarely addressed whether Rule 37 permits sanctions for violations of Rule 26(c) protective orders."…
NC Court Of Appeals: Foreclosures and Immutability
Can a law passed by a Legislature be called "immutable?" (that means it’s ageless, not ever subject to change).
The Court of Appeals used that word this week in Heaton-Sides v. State Employees Credit Union to describe a statute dealing with foreclosures.
The case dealt with the rights of a person to her personal property…
Collecting On Judgments Against A Member’s LLC Interest
A lawyer has limited remedies to collect on a judgment from a defendant who is unwilling to pay. If the defendant holds stock in a corporation, you can execute on the shares, take possession of them, and sell them. N.C. Gen. Stat. §1-324.3. But if that ownership interest is in an LLC, a…
The “Bright Star” Fades: The NC Business Court On Letters Of Credit
I’ve resolved this year to blog about every numbered decision of the Business Court, as opposed to past years, where my lack of enthusiasm about the more boring decisions has left me writing about less than 100% of the Court’s decisions.
My resolve was tested with Judge Murphy’s decision last week in Speedway Motorsports Int’l …