Trademark Office Audit of Trademark Registrations – What to Do
I’ve recently had a couple of instances over the last 12 months where the Trademark Office audited a client’s registration. Apparently, in recent years, the USPTO has added an extra layer of oversight to ensure that trademark owners are maintaining only the rights they’re entitled to. This is where trademark registration audits come in. A... Read More
The CARES Act Still Requires 30 Day Notice of Eviction
One of the most critical pieces of legislation passed in response to the crisis was the Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed into law on March 27, 2020. While the CARES Act includes various provisions to provide financial relief, the Act also provided protection to renters facing eviction during the pandemic. While... Read More
NC Attorney General Sues Landlords Over Alleged Price Fixing
The newly installed North Carolina Attorney General filed a lawsuit against six landlords for working together with a software company to illegally fix rental rates. The six landlords are Camden Property Trust; Cortland Management, LLC; Cushman & Wakefield and its subsidiary Pinnacle Property Management Services, LLC; Greystar Real Estate Partners, LLC, LivCor LLC; and Willow... Read More
Bert Andia and Jon Wall Named to 2022 Super Lawyer List
Higgins Benjamin attorneys Bert Andia and Jon Wall have been selected as 2022 North Carolina Super Lawyers®. Each year, Super Lawyers® recognizes attorneys who have distinguished themselves in their legal practice areas. Only five percent of all attorneys in a state are recognized as Super Lawyers®. Gilbert (Bert) Andia, Jr. was selected to the 2022... Read More
John Bloss Scores Major Victory for Class Action Practice in North Carolina
Class actions can be an efficient and fair way to resolve, in one case, disputes that may affect a large number of people. By consolidating numerous individual claims with common issues into a single proceeding, the class-action device saves the resources of both the courts and the parties. The courts also recognize the deterrent... Read More
COVID-19 and its Impact on AIA Construction Contracts
In construction contracts, the parties often create their contracts using templates offered by the American Institute of Architects. The AIA documents are widely recognized forms and contracts that define the relationships and terms involved in design and construction projects. This article is going to review the standard Terms and Conditions that are part of... Read More
Insurance Coverage for Business Interruption Caused by COVID-19
A number of lawsuits have been filed across the Country by businesses seeking to obtain insurance coverage for lost business through a “business interruption “policy. This article attempts to explain what is covered by these policies; and, the positions being taken by the insurer and the insured. Business Interruption Insurance. Most commercial property insurance policies... Read More
CORONAVIRUS AND THE EFFECT ON CONTRACTS — A review of North Carolina law
In the last several months, there have been efforts across the globe designed to contain the spread of the coronavirus (COVID-19). Those efforts have resulted in cancellation of events, and the closure (temporarily or permanently) of businesses. As a result, questions have arisen about whether a person’s obligation under a contract – whether it’s a... Read More
CARES Act Places Moratorium On Some Eviction Filings
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Section 4024 of the CARES Act contains several provisions that are of particular important to Landlords. Section 4024 places a national Moratorium of 120 days on (1) charging of fees, and (2) initiating evictions for non-payment... Read More
Attorneys Named to 2020 Super Lawyer List
Two attorneys from Higgins Benjamin have been selected as 2020 North Carolina Super Lawyers®. Each year, Super Lawyers® recognizes attorneys who have distinguished themselves in their legal practice areas. Only five percent of all attorneys in a state are recognized as Super Lawyers®. Those selected to the 2020 North Carolina Super Lawyers® list include: Gilbert... Read More