Welcome and Farewell
October 2018 has been a time of change for our law firm. Hannah Sheridan & Cochran, LLP is pleased to announce the arrival of Emily Anne Buttrick and Bethany Sneed as part of our team. At the same time, we…
The Value of Community
This past week served as a reminder of the value of community. First, define community. In this case, there are several communities. There is community within the walls of our office where the five of us are family. Then, there…
Tort Claims Act: What Happens When the State is Negligent?
By: Paul A. Sheridan Many of our clients deal with municipal, county, and State agencies on a regular basis as part of their day to day business transactions. Occasionally an individual or business can sustain an injury as the result…
The Value of a Professional Attorney
The practice of law represents a constant lesson in human nature. Clients oftentimes visit with us amid difficult personal and financial situations. Our job is to counsel our clients through tough times and provide them with logical options for the…
The Long and Winding Road of Bankruptcy
As the economy appears to be settling into what we can only presume is the new normal, once again contractors and subcontractors are, from time to time, filing petitions in the bankruptcy court. A few years ago, everyone was filing…
Protecting Your Rights: Equipment Supplier Tips
Did you ever consider the challenges which can arise when the equipment you supply has wheels or tracks and is mobile? For rental equipment suppliers, the provisions of Articles 2 and 3 of North Carolina General Statutes Chapter 44A and…
Who Owes the Debt? North Carolina Guaranties and Suretyship
Confusion often exists as to the differences between the multiple types of guaranty agreements and suretyship agreements in North Carolina. Although subtle differences can dictate when the liability of a party may be triggered, they do share some initial similarities. …
Whistleblower Claims are Increasing – Beware!
In the past, many whistleblower claims arose out of simple revenge. A fired or aggrieved employee seeking retribution against his employer for a termination or demotion. Today, however, people are reporting complaints at an ever-increasing rate under a variety of…
IDENTIFYING PARTIES IN UCC FINANCING STATEMENTS
Effective July 1, 2013, identification of an individual who is party to a UCC-1 Financing Statement changed. Gone are the days of listing the debtor as “Joe Smith.” Now, you must use the name as it is indicated on the…
The Art (and Implications) of the “Short-Pay”
Consider the following scenario: Seller claims $100.00 is due for goods provided. Buyer claims that only $75.00 is owed. Buyer then mails a check to Seller for $80.00, marked “paid in full”. What are the consequences if the Seller deposits…
Termination for Convenience Clauses
As part of the continuing series of articles identifying important construction contract clauses, perhaps the most impactful clause in a contract can be the standard termination for convenience clause. Imagine this scenario: your firm expended time and material in bidding…
Tax Season: Understanding the I.R.S.
My first job out of law school was situated two blocks from the White House, working in a cubicle for the Internal Revenue Service. I worked as a tax lawyer in the Exempt Organizations Group and reviewed organizations for a…
SUPPLEMENTAL PROCEEDINGS: WHERE THE POST-JUDGMENT PROCESS GETS SERIOUS
So, a Sheriff returns a Writ of Execution and reports that no assets were found by which the judgment could be satisfied. To many creditors, that is the point where they give up, write off the debt and assume that…
Strict Non-Compete Agreement Standards Upheld
By: Chad J. Cochran Non-compete agreements can have huge ramifications. Sometimes, they serve to protect a company’s vital clients. At other times, they prohibit an employee from finding gainful employment to support his family. As a result, judges generally…
SERVICEMEMBERS CIVIL RELIEF ACT
Have you ever heard of the Servicemembers Civil Relief Act (SCRA)? If not, you will as it appears it has reared its head in the court system, again. The basic premise of the SCRA is to prevent those in the…