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      • (Part 2) 5 Considerations as to Your Business’ Negative Internet Review
      • (Part 3) 5 Considerations as to Your Business’ Negative Internet Review
      • (Part 4) 5 Considerations as to Your Business’ Negative Internet Review
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Category: Business Law Disputes

Requests for Production Under NC Rules of Civil Procedure

Posted on August 30, 2016May 2, 2022 by g83js92js91
Categories: Business Law & Contracts, Business Law Disputes, discovery, interrogatories, Jason A McGrath, Litigation, McGrath amp; Spielberger, small business
In this video litigation attorney Jason McGrath explains Requests for Production of documents (and other items) under the North Carolina Rules of Civil Procedure.

https://youtu.be/GsyzuLaxDf0

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

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Posted in Business Law & Contracts, Business Law Disputes, discovery, interrogatories, Jason A McGrath, Litigation, McGrath amp; Spielberger, small business

Legal ‘Claim and Delivery’ Actions in North Carolina

Posted on August 19, 2016April 26, 2022 by g83js92js91
Categories: attorney, Business Law & Contracts, Business Law Disputes, claim and delivery, Jason A McGrath, lawsuit, Litigation, McGrath amp; Spielberger, North Carolina, small business, UCC
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

Summary Judgment

Posted on August 24, 2015April 25, 2022 by g83js92js91
Categories: attorney, Business Law & Contracts, Business Law Disputes, Collections, Credit, Debt, Jason A McGrath, Litigation, McGrath amp; Spielberger, motions, North Carolina, small business, summary judgement
Motions for summary judgment can result in a case being immediately won or lost, and thus are incredibly important. Attorney Jason McGrath explains motions for summary judgment and summary judgments themselves based on his 19 years of experience as a trial attorney.

https://youtu.be/3sqK5FJes7o

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

Posted in attorney, Business Law & Contracts, Business Law Disputes, Collections, Credit, Debt, Jason A McGrath, Litigation, McGrath amp; Spielberger, motions, North Carolina, small business, summary judgement

Legal Advice on Problems in Business Contracts: Strategic Thinking Versus Knee Jerk Reaction

Posted on December 8, 2014 by g83js92js91
Categories: business contracts, business law attorney, Business Law Disputes, contract analysis, contracts, Jason A McGrath, Litigation, llc, McGrath & Spielberger

Strategic Thinking / What Does Your Attorney Advise You?

In this video, attorney Jason McGrath discusses how a business law attorney can – or should – handle mistakes and other problems found in contracts. The approach Mr. McGrath discusses is not the obvious one.

Does your business attorney think it through in depth, considering the bigger picture, and employ strategic thinking or just go with the standard, knee-jerk reaction when (s)he renders you advice?

For legal advice on business law and contracts, contact McGrath and Spielberger law firm today.
Posted in business contracts, business law attorney, Business Law Disputes, contract analysis, contracts, Jason A McGrath, Litigation, llc, McGrath & Spielberger

(Part 5) 5 Considerations as to Your Business’ Negative Internet Review

Posted on June 24, 2014May 2, 2022 by g83js92js91
Categories: Business Law Disputes, Civil Rights, Consumer Defense, florida, Freedom of Speech, georgia, Internet & Technology, Jason A McGrath, North Carolina, Ohio, online reviews, Social Media, south carolina, Tennessee
(Click for Part 1)  (Click for Part 2)  (Click for Part 3)  (Click for Part 4)

As attorneys with a law firm which has a significant online presence, and as lawyers who represent small and medium businesses, we are very much aware of the power of the online review and/or rating given by consumers. In fact, in this day and age, the positive or negative nature of a company’s reputation as declared by the internet can make or break your business.

Star-Ratings

For many businesses, it is almost impossible to avoid at least the occasional negative comment or even merely a lukewarm review. Many times, the information posted online is not accurate, or at least is presented out of context and/or incomplete. All businesses which encounter this face the same question: what can we do about this negative online review?   Hopefully, after you have had a bit of time to think about it, one of your next questions is: what should we do about this negative online review? We have developed a list of 5 key considerations and here is the fifth.

(5) Turn a negative into a positive, or at least into an opportunity. This can’t work in all industries or all situations, of course, but what about turning the criticism into a promotional effort? For example, let’s consider the complaint of “I had to wait more than 30 minutes for my car to be cleaned at Acme Car Wash.” Perhaps the response from Acme is similar to this: “We regret you had to wait so long, but we were simply very busy that day with so many customers who know what a good job we do. Everyone should know that this month we have a 25% discount for our Premium Customer Club memberships, which allow you to make an appointment, among other benefits!”

This creative approach focuses on the positive, while still “apologizing” to the unhappy customer. It might even increase business. Find the silver lining.

Posted in Business Law Disputes, Civil Rights, Consumer Defense, florida, Freedom of Speech, georgia, Internet & Technology, Jason A McGrath, North Carolina, Ohio, online reviews, Social Media, south carolina, Tennessee

5 Considerations as to Your Business’ Negative Internet Review

Posted on March 6, 2014April 25, 2022 by g83js92js91
Categories: business, Business Law & Contracts, Business Law Disputes, Civil Rights, consumer reviews, Freedom of Expression, Freedom of Speech, Internet & Technology, Jason A McGrath, Reviews, Social Media
As attorneys with a law firm Charlotte which has a significant online presence, and as lawyers who represent small and medium businesses, we are very much aware of the power of the online review and/or rating given by consumers. In fact, in this day and age, the positive or negative nature of a company’s reputation as declared by the internet can make or break your business.

Thumbs Down, disapproval, bad rating

For many businesses, it is almost impossible to avoid at least the occasional negative comment or even merely a lukewarm review. Many times, the information posted online is not accurate, or at least is presented out of context and/or incomplete. All businesses which encounter this face the same question: what can we do about this negative online review?   Hopefully, after you have had a bit of time to think about it, one of your next questions is: what should we do about this negative online review? We have developed a list of 5 key considerations, and here is the first.

(1) Does the review contain opinion, “facts”, or both? As a general rule, it is more difficult to force the removal or editing of a review, once published, which contains merely an opinion. Stated from a legal perspective, a defamation claim is difficult, if not impossible, to bring regarding someone’s stated opinions, even if said opinions are perhaps unfair.

Thus, in some ways, a review such as “I spoke to the owner and could not believe how rude he was” is quite challenging to deal with. It is difficult to come up with an objective standard of what rude is and how to legally qualify “rude” behavior. In other words, this subjective interpretation of the owner’s alleged conduct is pretty much opinion and the accusation of rudeness is not a good basis for a defamation claim.

On the other hand, let’s take a second look at the above example to reconsider the fact vs. opinion issue: “I spoke to the owner and could not believe how rude he was.” Well, if we can’t effectively attack the “rudeness” aspect of this, what about something in that statement that can more easily be described as factual – something demonstrably true or false?

What if the individual to whom the consumer spoke was not the owner but merely a front line employee with no real managerial authority and the consumer knew that? That might be a whole different ball game. All of us, or at least most of us, can agree that a receptionist allegedly being rude to a customer would be less damaging in the eyes of other potential customers as compared to the owner of the business acting in such a manner. Of course, if you are talking about as going as far as a defamation suit, you would want very much to be able to prove that the consumer who posted the negative online review was aware that he/she had not spoken to the owner and had thus intentionally made a misstatement of fact.  

As you can see, this one example – a simple, single sentence review consisting of 13 words – can involve multiple legal issues and possibilities. Please stay tuned for updates on this topic, and please be careful how you handle these types of situations.

(Click for Part 2) (Click for Part 3) (Click for Part 4) (Click for Part 5) 
If you are interested in a consultation with one of the McGrath and Spielberger business lawyers, simply visit the Contact Us page and complete the contact form.

Posted in business, Business Law & Contracts, Business Law Disputes, Civil Rights, consumer reviews, Freedom of Expression, Freedom of Speech, Internet & Technology, Jason A McGrath, Reviews, Social Media

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