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Category: attorney

Arbitration: How Do You Choose The Arbitrator?

Posted on July 26, 2021May 2, 2022 by g83js92js91
Attorney Jason McGrathexplains some things to consider when choosing the arbitrator during a lawsuit in this short video.

Click here to watch this video on YouTube.

Here are some of the key points contained in the video:

  • If using a panel of 3 arbitrators: each party picks an arbitrator and then those two arbitrators pick the third one.
  • If using only 1 arbitrator: one side presents a list of possible arbitrators to the other side and the other side picks from the list.
  • You go back and forth and negotiate between the parties until a decision is made.
  • You may wish to avoid attempting private conversations with potential arbitrators in order to avoid the appearance of impropriety.
  • Consider all the information available to you to make an informed decision about your arbitrator.
  • Arbitrators may also be appointed by the court.

If you need legal services in North Carolina,
South Carolina,
Georgia,
Florida,
Ohio,
or Tennessee we invite you to fill out our confidential client formfor possible legal assistance.

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Posted in arbitration, attorney, business contracts, business disputes, Business Law & Contracts, Business Law Disputes, contract law, contracts, Jason A McGrath, lawsuit, Litigation, small business

Interrogatories – How They Generally Work

Posted on August 28, 2019April 20, 2022 by g83js92js91

Attorney Jason McGrath explains “Interrogatories” during litigation and how they generally work in a lawsuit in this short video.

Click here to watch on YouTube  – https://youtu.be/s923VxHdLyE

Here are some of the key points contained in the video:

  1. Interrogatories are a list of written questions.
  2. The receiving party is to respond, typically within 30 days, to the questions or file an objection or series of objections.
  3. There is a rule limiting the number of questions that may be asked.
  4. The responses should be evaluated by the party that initiated the Interrogatories for accuracy and completeness and these issues can be questioned within the court system.

If you need legal services in North Carolina, South Carolina, Georgia, Florida, Ohio, or Tennessee we invite you to fill out our confidential client contact form for possible legal assistance.

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Posted in attorney, business, business law, Business Law & Contracts, Business Law Disputes, interrogatories, Jason A McGrath, lawsuit, lawyer, Litigation, NC Rules of Civil Procedure, small business

Letter of Good Standing and Certificate of Existence

Posted on July 24, 2019April 20, 2022 by g83js92js91

This video contains helpful information for those going into business within the state of North Carolina including:

  • Certificate of Existence from the N.C. Secretary of State
  • Letter of Good Standing from the N.C. of Revenue

Business law attorney Jason McGrath discusses Letters of Good Standing and Certificates of Existence for North Carolina businesses in this informational video.

Click here to view on YouTube – https://youtu.be/EFhxSwkVy2E

If you are in need of legal assistance for your business in North Carolina, South Carolina, Tennessee, Georgia, Florida or Ohio, please fill out our confidential client intake form.

Posted in attorney, business, Business Law & Contracts, Certificate of Existence, corporation, Jason A McGrath, Letter of Good Standing, llc, McGrath amp; Spielberger, North Carolina, small business

Recently engaged? 5 reasons why you should consider a prenup

Posted on November 21, 2018April 21, 2022 by g83js92js91
gold engagement rings, wedding bands, time for a prenup

As most of my friends are getting married or are recently married (myself included), I frequently get asked why anyone would want a prenuptial agreement. Prenups can get a bad reputation because many people assume signing a prenup means you are preparing for divorce in the future. However, this is NOT necessarily the case! There are many reasons (other than divorce) that future spouses may want to sign a prenup before getting married.

Here are my top 5 reasons for signing a prenup.

  • A prenup promotes communication between future spouses so they are fully aware of the other’s financial situation and other issues prior to marriage. In North Carolina and South Carolina, each party must voluntarily provide a full and fair financial disclosure about his or her property and financial obligations (unless waived in writing).
  • A prenup can establish how property matters will be handled in the future. If you are a person who has substantial individual or family assets, a prenuptial agreement may be a great way to specify how debt and other financial issues will be handled during the marriage.
  • A prenup can determine the rights and obligations of each party with regard to the right to buy, sell, use, transfer, exchange, abandon, lease, or otherwise dispose of, control, or manage certain property. In North Carolina and South Carolina, property obtained during the marriage is generally treated as marital or joint property, but a prenup can change the general rule for property acquired during the marriage.
  • A prenup can protect a person that has a professional practice or other service business. For all the entrepreneurs out there, this is a great way to protect your hard work, while still being able to provide for your new family.
  • A prenup can be viewed as a proactive dispute resolution system, as it can simplify the divorce process. A prenup may reduce the chance of litigation upon divorce and, in addition, reduce those litigation costs. This may be beneficial for a party that is entering into a second marriage or those who have children from previous relationships.
Contact us today to get started on your prenuptial agreement.

 

prenupt agreement blog

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Posted in attorney, Kelly Brown, lawyer, Life and the Law, North Carolina, Prenupital Agreements, prenuptial agreement, south carolina

Legal Judgments – Can They Be Negotiated

Posted on August 29, 2018April 21, 2022 by g83js92js91
pen marker hand the hand legal judgement

In this video attorney Jason McGrath discusses some options when negotiating legal judgments between opposing parties in a lawsuit.

https://youtu.be/JruiKGTNbts


If you are in need of legal assistance with a Legal Judgment in North Carolina, South Carolina, Tennessee, Georgia or Florida please fill out our confidential client intake form.

Posted in attorney, Business Law & Contracts, Business Law Disputes, Collections, Credit, Debt, foreclosure, Foreclosures amp; Mortgage Loan Relief, Jason A McGrath, judgment, Judgments, lawsuit

Hearing on Partition of Real Property and Result

Posted on December 9, 2016April 25, 2022 by g83js92js91
Depositphotos 18697169 original

The following is a summary of a hearing on Partition of Real Property that McGrath & Spielberger assisted a client with, and is provided for informational purposes only. Each case, each client, each situation is different, and each matter may have a different outcome.

Basic Facts. The Petitioner is trying to force a sale of the real property at issue so she can receive a portion of the sale proceeds.

Basics of the Applicable Law. The default setting in North Carolina law is that an owner of real property (even a minority owner) has a right to force a partition of that property, whether a partition in kind (physical division) or partition by sale (sell the property and divide the proceeds).

The Challenge. To not have the case follow the default setting (a partition being ordered).

Owner 1. The Respondent (Brother) who owns 11/12 of the real property, lives on the property with his family, takes care of the property, pays the taxes, etc.

Owner 2. The Petitioner (Sister), who owns 1/12 of the real property, does not reside there, does not contribute to the care of the property.

Property Location. Charlotte, Mecklenburg County, North Carolina

Property Type. Primary residence

Who McGrath & Spielberger Attorney Jason McGrath Represents. Owner 2, the Respondent

Hearing Date. November, 2016

Actions Taken by McGrath & Spielberger on Behalf of Client in Relation to the Partition Hearing. Mr. McGrath filed Motions to Dismiss and Objections to the Petition for Partition and attended the hearing with the Client. The strategy to oppose the Petition for Partition was not revealed to the other side until necessary at the hearing itself.

Partition Hearing Outcome. Mr. McGrath successfully prevented an Order for Partition from being entered. The case remains pending, as do our Motions to Dismiss.

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Posted in attorney, Dispute, hearing Result, Jason A McGrath, lawsuit, northa carolina, Partitions of Property, Real Estate

How Do You “Transfer” Your Company Into North Carolina From Another State?

Posted on November 3, 2016April 25, 2022 by g83js92js91
Transferring Your Company Into North Carolina From Another State, moving

As a business attorney, one of the most frequent questions I am asked is some variation of “How do I transfer my out-of-state company to North Carolina?” I’ll address the most common scenarios and the reasonable options available. I’m using Florida as the other state just for example purposes (I also practice in FL), but the same general process is true regardless of which state your company originated in or currently exists in.

Scenario A: “I live in Florida, where my company was formed, but I’m moving to North Carolina and going forward I will be doing business out of North Carolina instead of Florida. What should I do and how do I do it?”

Option 1: convert your Florida company into a North Carolina company.  NC allows a company formed in another state to convert to become a NC LLC. The company would need to follow the law of the state it is coming from as far as winding down any business and otherwise wrapping up affairs in that state, and would typically need to have passed a resolution or similar approving the conversion to a NC company. The LLC can then file its Articles of Organization/Conversion with the NC Secretary of State.

Option 2: shut your Florida company down and start a new one in North Carolina. You would “wind up” your Florida LLC and dissolve it, such that it no longer exists. While the timing of the steps in North Carolina may vary to some extent, you’d go ahead and create a North Carolina LLC. The name would not have to be the same, but there are advantages to using the same name, if possible (this article does not attempt to address those issues).

Option 3: keep your Florida company open and register it with the State of North Carolina as a foreign business authorized to transact in North Carolina. You’d obtain a “Certificate of Good Standing” or similar from Florida. You then provide that to the NC Secretary of State as part of your North Carolina Application for Certificate of Authority (to conduct business in North Carolina). Assuming you are approved by NC, you’re now good to go to conduct business in both states, or either state, and you can have your principal place of business in either state. You will likely be required to pay annual fees to each state and file taxes in each state, which are important factors to consider.

Option 4: start an affiliated company or subsidiary in North Carolina. In certain specific instances, you may keep your Florida LLC open, and instead of registering it with North Carolina, you’d prefer to create and register a separate but related business entity in North Carolina. This is typically referred to as a “subsidiary” or an “affiliated company”. You will likely be required to pay annual fees to each state and file taxes in each state, which are important factors to consider.

Additional notes. Under any of the above options, you’ll have to have a registered agent with a “continuous presence” in NC. Many law firms (like mine) agree to provide that service for a small annual fee, but your company’s “RA” doesn’t have to be a lawyer or law firm. Of course, we also provide the very services needed to transfer your business overall.

These actions can be accomplished without an attorney, but you should at least consider consulting with an attorney any time you make a significant change to your business entity. Good luck!

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Posted in attorney, business, business law, Business Law & Contracts, contracts, florida, Jason A McGrath, llc, North Carolina, small business

Requests for Admissions In a Lawsuit

Posted on September 6, 2016May 2, 2022 by g83js92js91
Litigation Attorney Jason McGrath explains Requests for Admissions in a lawsuit under the rules of civil procedure in this short video.

https://youtu.be/f6iMEvfSr_A

If you are dealing with a lawsuit in North Carolina please fill out our confidential client intake form for legal assistance.

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Posted in attorney, Business Law & Contracts, Business Law Disputes, discovery, interrogatories, Jason A McGrath, lawsuit, Litigation, llc, NC Rules of Civil Procedure, North Carolina

Why does your Corporation or Company Need a Registered Agent?

Posted on August 26, 2016May 2, 2022 by g83js92js91
In this video, business law attorney Jason McGrath explains what a registered agent is, what it does, and why it’s legally required.

This discussion focuses on registered agents in North Carolina, but most of this information will *generally* apply to other states – but you need to study the specifics for your state, of course.

https://youtu.be/WuBeC-UVHew

If you are in need of legal assistance for your business in North Carolina, South Carolina, Tennessee, Georgia or Florida please fill out our confidential client intake form.

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Posted in attorney, business, Business Law & Contracts, corporation, Jason A McGrath, Life and the Law, limited liability company, llc, McGrath amp; Spielberger, North Carolina, registered agent, small business

Legal ‘Claim and Delivery’ Actions in North Carolina

Posted on August 19, 2016April 26, 2022 by g83js92js91
Claim and Delivery, North Carolina, business, dispute, lawsuit

In this video attorney Jason McGrath explains ‘Claim and Delivery’ procedures for North Carolina under the rules of civil procedure.

https://youtu.be/wd84-SjQSbw

If you are in need of legal assistance with a Lawsuit in North Carolina, South Carolina, Tennessee, Georgia or Florida please fill out our confidential client intake form.

Posted in attorney, Business Law & Contracts, Business Law Disputes, claim and delivery, Jason A McGrath, lawsuit, Litigation, McGrath amp; Spielberger, North Carolina, small business, UCC

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