Disputes we handle
- Breach of contract. A customer, vendor, or partner did not do what the agreement required, or claims that you did not.
- Owner disputes. Conflicts between partners, LLC members, or shareholders over control, money, or the direction of the company.
- Unpaid accounts. Collecting money owed to your business, or defending against a claim that you owe money.
- Unfair and deceptive trade practices. Claims that a business acted unfairly or deceptively in commerce.
- Non-competition and confidential information. Disputes over non-compete agreements, customer lists, and trade secrets.
- Fraud and misrepresentation in a business deal.
- Construction and real estate disputes involving a business.
How a business dispute usually unfolds
- Investigation. We review the contract, emails, invoices, and other records, and we talk with the people involved. We investigate rather than process, so we test your side’s story as hard as the other side will.
- Demand and negotiation. Many disputes start with a demand letter and are resolved by talking.
- Filing or answering a lawsuit. If talks fail, a case may be filed in state court or, in some cases, federal court. Some complex business cases in North Carolina may be designated to the North Carolina Business Court.
- Discovery. Each side exchanges documents and takes sworn testimony.
- Mediation. Many civil cases in North Carolina superior court go through a court-ordered mediated settlement conference.
- Trial or settlement. If the case does not settle, it is decided by a judge or jury. We prepare every case as though it is going to trial.
If your business has been sued
Do not ignore a lawsuit. A lawsuit comes with a deadline to respond, and if no response is filed in time, the court may enter a default judgment against the business. The response time is short and is set by court rules.
- Note the date the papers were served on the business.
- Send the papers to a lawyer right away.
- Notify your insurance carrier. Some business policies may pay for a defense, but they often require prompt notice.
- Do not contact the other side about the lawsuit without advice.
In North Carolina, a corporation generally must be represented by a licensed lawyer in court and cannot be represented by an owner who is not a lawyer, except in limited situations.
Protecting the business during a dispute
A lawsuit is stressful, but most businesses continue operating while it is pending. Steps that help:
- Keep your records. Once a dispute is likely, do not delete emails, texts, or files about it. Tell key employees to keep them too.
- Limit who talks about it. Choose one point of contact and keep discussion off social media.
- Keep serving customers. Stay focused on the work that pays the bills.
- Plan for cost. Ask for a realistic view of the cost and timeline so you can make business decisions, including whether to settle.
- Look at the cause. Weak contracts or unclear owner agreements often cause disputes. Fixing them can prevent the next one.
Unfair and deceptive trade practices claims
North Carolina has a law against unfair and deceptive acts in commerce. These claims are common in business disputes because, when they succeed, the law provides for increased damages and, in some cases, attorney fees. Whether a dispute fits this law depends on the facts. These claims can be raised by your business or against it, so they should be weighed early.
When the dispute affects the business's survival
If a judgment, a lender, or a tax debt threatens to shut the business down, other tools may be available, including negotiation with lenders or, in some cases, Chapter 11 bankruptcy under Subchapter V. We will tell you the hard truth about the risks and the options, and help you decide with the full picture.
Sometimes the right business decision is to settle, even when you believe you are in the right. Sometimes it is to see the case through. Either way, the decision should be yours, made with honest information about cost, risk, and time.
Fees and next steps
We explain our fee in writing before you hire us.
Call (336) 281-2008 or request a consultation online. Bring the contract, key emails and texts, invoices, and any lawsuit papers. If you were served, tell us the date of service. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
How long does a business lawsuit take in North Carolina?
It depends on the case, the court, and whether the parties settle. Some disputes resolve in weeks through negotiation, while contested lawsuits can take much longer. We will give you a realistic view after we review the case.
What happens if my business ignores a lawsuit?
The court may enter a default judgment, which can lead to collection against business assets. The response deadline is short and set by court rules. Send the papers to a lawyer right away.
Can I represent my corporation in court myself?
Generally, no. North Carolina courts require a corporation to appear through a licensed lawyer, with only limited exceptions. An owner who is not a lawyer usually cannot file papers for the company.
Will my business insurance cover a lawsuit?
Some policies pay for a defense of certain claims. Coverage depends on the policy and the claim. Notify your carrier promptly, because late notice can cause problems.
What is the North Carolina Business Court?
It hears certain complex business cases before special superior court judges for complex business cases. Whether a case goes there depends on the type of dispute, the amount at stake in some cases, and the designation rules.