Frustration Of Purpose Doctrine And Covid In North Carolina Commercial Leases
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Frustration Of Purpose Doctrine And Covid In North Carolina Commercial Leases

My last blog post suggested that landlords and tenants should take a new look at their leases to see if there is language that specifically allocates the risk of a pandemic. What if your lease contains no force majeure clause? What happens if the lease does not otherwise address COVID-19, pandemics, Acts of God or…

The Force Majeure Clause And Covid In North Carolina Commercial Leases
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The Force Majeure Clause And Covid In North Carolina Commercial Leases

The COVID-19 pandemic was devastating for many commercial tenants in all kinds of businesses. Many are still feeling the effects, even as restrictions have eased. As commercial tenants have suffered, so too have commercial landlords. Some tenants abandoned their space. Others simply stopped paying rent. Where the landlord and tenant were unable to agree on…

Client Testimonials
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Client Testimonials

The following are some client testimonials posted on avvo.com, an attorney information and rating service, regarding Kevin J. Williams: https://www.avvo.com/attorneys/27101-nc-kevin-williams-1727819/reviews.html

Guarantors Can Now Assert Anti-Deficiency Defense In Collection Matters
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Guarantors Can Now Assert Anti-Deficiency Defense In Collection Matters

Thanks to the North Carolina Supreme Court, guarantors are now permitted to raise the anti-deficiency defense where mortgage lenders purchase a foreclosed property for less than fair market value.  Prior to 2015, only the borrower-owner of the property could avail themselves of N.C.G.S. § 45-21.36 and assert the anti-deficiency defense.  The statute states as follows:…

Beware Of Your Non-Compete Clause
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Beware Of Your Non-Compete Clause

In North Carolina, if you are an employee who is looking to change jobs, it is essential that you examine your Employment Agreement to see what restrictive covenants may be contained therein.  Often, there are confidentiality clauses or clauses that prohibit you from soliciting other employees from your current employer.  One of the most popular…

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Business Tort Cases – Settlements And Verdicts

In 2006, Kevin J. Williams helped recover $2.5 million on behalf of a North Carolina textile company that went out of business due to the purported tortious conduct of the company’s former officers and directors and two defendant companies.  The suit alleged claims for constructive fraud, breach of fiduciary duty, self-dealing, constructive trust, and unjust…