Our thoughts

Any statements contained herein do not constitute a formal legal opinion and should not be relied upon as such. These articles are intended for general informational purposes only.  Nothing expressed shall be grounds for the creation of an attorney-client relationship.  Our attorneys can give legal advice only in the context of an attorney-client relationship after a conflict check, the execution of a representation agreement and a discussion of the specific information and unique issues of your particular circumstances.

23
May 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Automatic Extensions of ABC Retail Permitted Areas

The Governor’s May 20 Executive Order 141 moving the state into a modified Phase 2 stage allowed restaurants and (as amended on May 22) breweries, wineries, distilleries, and cider makers with taprooms to open with certain restrictions. A clear theme of the restrictions/guidelines is to maximize t
Read more
20
May 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Electronic Video Notarization

For Principal Signer(s) needing document notarization During this COVID-19 pandemic, the safety of our clients is most important. To protect the health of all Notaries and signers, Session Law 2020-3 is allowing all North Carolina Notaries Public to temporarily perform emergency video notarizations
Read more
18
May 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Landlords and Tenants in a Time of Covid

In this unprecedented crisis, both commercial tenants and landlords have serious concerns about the terms of their leases, the inability to operate their business in the leased premises, and the payment of rents. Parties to commercial leases (both tenants and landlords) are seeking guidance regardi
Read more
29
Apr 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Daily Update on Paycheck Protection Program Loans

As of April 29th: Mnuchin threatens audit of Paycheck Protection Program (PPP) recipients     Index Current Update SBA Guidance Lender List First Round Scorecard Prior Updates       UPDATE: On April 29th, Treasury threatens audits of PPP reci
Read more
23
Apr 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Governor Cooper's Phases

On April 23rd, Governor Cooper announced that the Stay at Home order would be extended from April 29 to May 8th. (E.O. 135)  In addition, the Governor announced the process for re-opening the state.  Phase One begins as the state is willing to begin lifting restrictions.    PHA
Read more
17
Apr 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

First Round of Paycheck Protection Program Loans

Information from the First Round of Paycheck Protection Loans     Banks lending at end of First Round We have marked the smaller lending institutions below with an § if they have assets less than $10 billion and §§ if they have between $10 billion and $50 billion in asse
Read more
08
Apr 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Buncombe Issues Stay at Home Updated Order (April 8th)

Buncombe County issued an updated Stay at Home Order (also called the Superseding Declaration), effective April 9, 2020 at 6:00AM.  (HERE)   The County also issued Guidance. (HERE)   Where does the Order apply? Throughout Buncombe County, including within the municipal limits
Read more
07
Apr 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

CARES ACT (Part 1): Paycheck Protection Program UPDATED

On March 27, 2020, the ‘‘Coronavirus Aid, Relief, and Economic Security Act’’ or the ‘‘CARES Act’’ (link) become law.   The law is over 800 pages long and carries a price tag of $2 trillion.  This stimulus package contains provisions for a small business loan package,
Read more
03
Apr 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Annual Report Deadline Remains Unchanged in the Wake of COVID-19

On behalf of our firm, we would like to remind our business clients that COVID-19 has not affected the deadline for filing Annual Reports with the Secretary of State, which is originally, and remains to be, April 15, 2020.  Furthermore, this deadline may apply to the following additional North
Read more
01
Apr 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

CARES ACT (Part 5): Assistance for existing SBA 7(a) borrowers

The CARES Act (PL 116-136) contains several provisions to assist existing SBA 7(a) borrowers.  - The CARES Act relieves borrowers of any obligation to pay the principal, interest, and associated fees owed on a 7(a) loan in regular servicing status for 6 months; - The time perio
Read more
31
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Residential Relocation under North Carolina’s Stay at Home Order

The question has been raised whether persons are allowed to relocate their primary residences during this crisis.  It is important to consider both the letter and the spirit of the orders. On March 27, 2020, Governor Roy Cooper issued a Stay at Home Order for the entire State of North Car
Read more
30
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

CARES ACT (Part 3): Rent, Mortgages and Landlords

The CARES Act (PL 116-136) contains several provisions related to rent, mortgages and landlords to attempt to protect renters, landlords, and mortgages.  These protections are in the form of forbearances. Forbearance: a temporary postponement of payments. It is a form of repayme
Read more
29
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

CARES ACT (Part 2): How Do the New Paycheck Protection Loans Affect Current Economic Injury Disaster Loans (EIDLs)?

In the interplay of New Paycheck Protection Loans created by the CARES Act in a new section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) and Economic Injury Disaster Loans (EIDLs), which is codified at section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)), gets compl
Read more
28
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Is Construction Essential Under Stay at Home Orders?

With the entire State of North Carolina entering a Stay at Home Order, only Essential Business will continue.  Is Construction Essential? On March 27, 2020, Governor Roy Cooper issued a Stay at Home Order for the entire State of North Carolina (Executive Order No. 121, “State Order” or “
Read more
27
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

North Carolina's Stay at Home Order Affects Businesses Across the State

On March 27, 2020, Governor Roy Cooper issued a Stay at Home Order for the entire State of North Carolina (Executive Order No. 121, “State Order” or “E.O.”)  The order takes effect in all 100 counties on March 30, 2020 at 5:00 P.M. for thirty (30) days.   It is important to n
Read more
26
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

New Belgium Brewing Relief Fund

We believe in supporting each other in times of crisis. We invite you to COME TOGETHER and support the New Belgium Brewing Bar & Restaurant Relief Fund. This fund will support local food and beverage employees in New Belgium’s hometown markets of For
Read more
25
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Small Business Resources

The COVID-19 pandemic has had a dramatic impact on everyone, especially small businesses. ASK Law has been busy guiding its small business clients through the challenges brought on by COVID-19 and we will continue to be here to help with each businesses’ specific challenges and legal que
Read more
24
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

The Applicability of Force Majeure Clauses to Pandemics: Does COVID-19 Excuse Nonperformance of Contractual Obligations?

The uncertainty surrounding COVID-19 is leaving many members of the business community anxious about the new, unexpected risks that could impact their future. Specifically, the effects of new pandemic-centered regulations and restrictions on contractual relationships with incomplete performance obli
Read more
23
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Eastern Cherokee response to COVID

Effective March 23rd, 2020, at 12pm, Principal Chief Richard Sneed has closed the Eastern Cherokee reservation and issued a shelter in place order. A week after closing the Casino and placing additional restrictions, the Principal Chief's Order suspended all tribal operations of the EBCI
Read more
20
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Selling Growlers

With the recent order from Governor Cooper mandating that all on-premise sales and consumption of alcoholic beverages cease, we are getting a lot of the same question from our clients; can we still sell growlers for off-premise consumption? Here are the laws and rules regarding the sale of growlers:
Read more
19
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Alcohol Delivery Allowed

For clients with NC ABC retail permits and who are considering direct to customer delivery sales, here are the rules as we understand them right now: Holders of retail ABC licenses are allowed to deliver beer and wine under that license. No spirits. Delivery persons are supposed to have gone t
Read more
16
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

COVID Response Q&A for Employers

The COVID-19 pandemic is directly affecting the workplace with the government urging employees to work remotely and some employers having to close their doors for an indefinite period of time. What responsibilities does an employer have to its employees during these unprecedented times? The Departm
Read more
16
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

ASK LAW Response to COVID-19

We understand that the most important thing in law is our relationships with our clients.  Nothing will change that fundamental foundation that our firm is built on.  During these difficult times, we encourage everyone to use best practices to reduce the impact of this virus and to protec
Read more
16
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Meetings and Public Hearings under COVID-19

As everyone is aware, the Governor closed restaurants and bars for dine-in service and recommended no mass gatherings of more than 50 people.  Many counties have placed more strenuous restrictions. Last week, the UNC School of Government released advice regarding meetings and public heari
Read more
05
Mar 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Protectionist Policies Post Prohibition Punish Purposeful Promotion

Asheville: land of beer and outdoor recreation. Pairing beer with fundraising recreational activities is as natural as the splendor of the Blue Ridge Mountains. Nothing could be simpler or better than a sponsorship or partnership with any one of Asheville’s innumerable breweries and an outdoor r
Read more
19
Feb 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Liens on Leaseholds?

What happens if a contractor fails to contract with the actual owner of the property, but instead contracts with a tenant?  This situation is fairly common.  Especially when there is an emergency and a plumber, electrician, HVAC technician or other contractor is called to perform an emerge
Read more
01
Jan 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Allen Reviews Local Beverage Industry Highlights of 2019 for MountainX

askLAW Partner Derek Allen described local beverage industry highlights of 2019 for a recent article in the Mountain Express year-end review. ORIGINAL ARTICLE LINK On-site sales of cocktails at distilleries. Having a drink at the source gives consumers a chance to “feel” th
Read more
01
Jan 2020
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Allen Reviews Local Beverage Industry Highlights of 2019 for MountainX (2)

askLAW Partner Derek Allen described local beverage industry highlights of 2019 for a recent article in the Mountain Express year-end review. ORIGINAL ARTICLE LINK On-site sales of cocktails at distilleries. Having a drink at the source gives consumers a chance to “feel” th
Read more
22
Dec 2019
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Would a Rose Smell as Sweet?

Most of us understand the concept of owning property. Property is a tangible, physical asset that one can stand on, walk in, hold, wear or drive. What about intellectual property? How can one own a thought or a concept? Intellectual property concerns itself with creations of the mind. Inventions, wr
Read more
11
Dec 2019
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Shorten Time to Bring Claims under the Fair Debt Collection Act

In its recent session, the Supreme Court dealt a blow to consumers who filed claims against lenders under the Fair Debt Collection Act (FDCA) for acts that occurred more than one year prior to filing the claims.  The FDCA was originally passed by Congress in 1977 for the purpose of eliminating
Read more
11
Nov 2019
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

askLAW hosts Chamber Policy on Tap

Join us for cold brews and policy news Introducing Policy on Tap, a new quarterly discussion series highlighting topics that matter to our business community. We'll delve into issues like infrastructure and affordable housing with insights from key leaders and experts.
Read more
11
Nov 2019
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Client DSSOLVR opening on December 13th

Downtown’s newest brewery and Allen Stahl + Kilbourne client, DSSOLVR (63 N. Lexington Ave.), will open its doors on Fri., Dec. 13. From 5-10 p.m., the 24-tap bar + production facility will host a celebration with DSSOLVR beers on draft + packaged products a
Read more
15
Oct 2019
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Allen to speak at NCCBC

askLAW prtner Derek Allen is speaking at the Nortrh Carolina Craft Brewers Conference in a panel discussion on:  "Crafting Your Support Team". This panel will be geared toward young and in-planning breweries, and will be a discussion moderated by Mickey Fanney of ABS Commercial, and in
Read more
01
Oct 2019
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Vacation Rental Act Inoculates Against Ordinances Passed by Cities and Counties

Short-term and vacation rentals have been a contentious topic in many communities across North Carolina. Asheville City Council has gone as far as enacting a prohibition on short term rentals in the City limits for the foreseeable future (read more here . Raleigh and other municipalities across the
Read more
09
Jul 2019

Kilbourne Seminar Presentation

James W. Kilbourne, Jr. SEMINAR PRESENTATIONS Speaker, "Trust Accounting Rules," Professionalism for New Admittees, 28th District Bar, Asheville, North Carolina, October 2017 Moderator, "When a Tie is a Win: Dollar General v. Mississippi Band of Choctaw Indians and Issues of Tribal Jurisdiction f
Read more
09
Jul 2019

Kilbourne Reported Cases

James W. Kilbourne, Jr. REPORTED CASES United States v. Plemmons, __ Fed. Appx. __, 2019 U.S. App. LEXIS 15144, 2019 WL 2207516 [unpublished] (United States Court of Appeals for the Fourth Circuit, May 22, 2019). United States v. McCoy, 895 F.3d 358 (United States Court of Appeals for the F
Read more
15
Jan 2015
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Asheville Restaurant Week

Our downstairs neighbor, Table, and nearly 40 other local restaurants are participating in Asheville Restaurant Week, taking place January 20-29, 2015, and presented by the Asheville Area Chamber of Commerce.
Read more
05
Jan 2015
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Looking Forward to 2015 – The Hospitality Industry

Asheville’s hospitality and tourism industries continue to thrive, and we are thrilled to be a part of it.  The year 2014 brought significant growth in the hospitality industry, and we expect 2015 to continue on that same trajectory. 
Read more
10
Oct 2014

Judge Cogburn's Orders End Marriage Ban

After commentators spent most of the week watching the Middle District of North Carolina and the two cases in front of Judge Osteen, it was Judge Max O. Cogburn in the Western District of North Carolina who entered the formal order shortly after 5:00pm this evening determining "that North Carolina
Read more
01
Oct 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Supreme Court Rules Against Homeowners in CTS Suit

Our law firm proudly took part, acting as the local counsel for the victims of the CTS contamination in the case Waldburger et al vs. CTS that was recently decided by the United States Supreme Court. Unfortunately the Court did not rule in our favor and reversed the lower court’s decision. Our hea
Read more
18
Sep 2014

Association Liens and the Judgment Debtor

This a relatively unique set of facts, but one that is occurring more often over the last several years.  The property owner and chapter 7 debtor was the record owner of the lot encumbered by a judgment lien transferred from Florida.  In the Chapter 7 petition, the debtor indicated his int
Read more
03
Sep 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Court Confirms that a Judgment Against a Property Owners Association Does Not Bind the Individual Lot Owners Not Parties to the Litigation

The North Carolina Court of Appeals confirmed yesterday that a decision binding a property owners’ association is not binding on the individual lot owners who were not a part of the underlying litigation.  The Court’s decision in Hedgepeth v. Parker’s Landing Property Owners Association,
Read more
19
Aug 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

New York Court Upholds Declaration Amendment

A New York appellate court recently affirmed the trial court’s decision granting summary judgment in favor of Defendant, Emerald Green Property Owners Association (“Association”) finding that a clear and unambiguous provision allowed the members to amend the original terms 40 years after the o
Read more
31
Jul 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Local Celebrity Sightings Highlight Unique Problems for Local Restaurants and Bars

As our hospitality clients know, Asheville’s downtown scene is booming and is attracting its share of new residents and tourists (including celebrities).   Whether you are serving a King's Cup to the star of Wedding Crashers or Chistora & chips to a family from Walla Walla, the owners and
Read more
30
Jul 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Linda McGee appointed Chief Judge of Court of Appeals

Judge Linda McGee, who has served on the Court of Appeals since 1995, was appointed Chief Judge of the North Carolina Court of Appeals by Chief Justice Sarah Parker effective August 1, 2014.  She replaces Chief Judge John C. Martin, who is retiring.  Judge McGee, a native of Marion, North
Read more
29
Jul 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

"Untitled Armor Car Movie" filming outside our window

Asheville is Hollywood East this week, as preparations for filming of the Untitled Armored Car/Loomis Fargo movie are taking place right outside of our windows.   The film is shooting in various locations in downtown Asheville on Tuesday and Wednesday, including the Mediterranean Restaurant a
Read more
21
Jul 2014

Man Killed One Hour After Release from Jail

Leaving jail in California seems to be exceptionally dangerous these days.  A few weeks after Bobby Lee Pearson was killed on the day he was acquitted on a technicality (story), Jeremy Meek was killed in Stockton an hour after his release from jail.  He was found lying in the road, reporte
Read more
07
Jul 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Who is in Charge Here?

The legislature recently cleaned up a longstanding issue in the North Carolina Planned Community Act when it passed HB 330 (text).  This act, which is awaiting the Governor's signature, clarifies issues involving successor declarants.   When the Legislature enacted the North Carolina Pla
Read more
02
Jul 2014

Kilbourne appointed Communication Chair for the 28th District Bar

On July 1st, Dungan, Kilbourne & Stahl partner, James W. Kilbourne, Jr., assumed the chairmanship of the Communications Committee for the 28th Judicial District Bar.  Serving on the executive committee since 2013, Kilbourne will direct the Committee's efforts overseeing the Bar's website, e
Read more
01
Jul 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

General Assembly makes technical corrections to CTS Clarification Law

Earlier today, the North Carolina Senate passed SB 58 by a vote of 45-0.  SB 58 had previously passed the NC House of Representatives on Wednesday by a vote of 112-0.  The bill awaits the signature of Governor McCrory.  SB 58 (text) makes technical corrections to the CTS Clarification
Read more
30
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

The Tweeting Nine: Confusion about the High Court

Some folks were very upset today at a ruling from the United States Supreme Court, so they took it out on twitter, by railing against @SCOTUSblog.   For the less informed @SCOTUSblog is not a twittersphere pronouncements of the Mighty Nine of the United States Supreme Court, who do not even a
Read more
27
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Take Me Out for an Assumption of Risk

The Missouri Supreme Court has answered a question that has haunted baseball fans for generations:  When we go to the ball park are we assuming the risk of being hit on the eye by a hot dog thrown by a mascot?   In an opinion issued on June 24th, the Court ruled In the past, this Court
Read more
26
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Longmire, Cell Phones, and the Fourth Amendment

On Monday night's episode, Sheriff Longmire of Absaroka County, Wyoming was questioning the mother of a missing murder suspect when her cell phone rang.  The Sheriff recognized a local number, and thinking it was likely the suspect, he asked for the phone.  Instead of handing it over, the
Read more
26
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

House Debate on CTS Clarification Provides Insight

This month, the North Carolina General Assembly quickly passed a law (SB 574, S.L. 2014-17) clarifying the role of the statute of repose in N.C.G.S. 1-52 (16), with the intention to provide clarification in the wake of CTS v. Waldburger (details).   The floor debate in the North Carolina Hous
Read more
23
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Man Mistakenly Acquitted by Hung Jury, but Killed Within an Hour

From the Irony Department:   The Fresno Bee reported that Bobby Lee Pearson, 37. was acquitted after the jury deadlocked 8-4 on his guilt in a California burglary case. Because the verdict forms were not clear and contained no line for "deadlocked," the jurors mistakenly signed a not guilty v
Read more
20
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

SB 574 (CTS Clarification) signed into law

Today, Governor Pat McCrory signed Senate Bill 574 into law. Having passed the house 108-0 and the Senate 49-0, this law clarifies the original intention of the North Carolina Legislature that the statute of repose in N.C.G.S. 1-52(16) should apply only to product liability cases, likely blunting th
Read more
18
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

CTS Clarification Passes NC Senate 49-0

Senate Bill 574 , which clarifies that the 10 year statute of repose in N.C.G.S. 1-52(16) was not intended to apply to groundwater contamination, has been passed the NC Seante by a vote of 49-0. (Audio available here.) Having previously passed the House by a vote of 108-0, the Bill is enrolled and s
Read more
17
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Residents of Planned Communities Satisfied

According to survey results released last week from the Community Associations Institute, Americans who live in areas subject to homeowners associations are “overwhelmingly satisfied” with their communities.  Over 65 million Americans live with homeowners associations; two-thirds of those s
Read more
17
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

NC Supreme Court in Dallaire Confirms Liens Survive Chapter 7 Bankruptcy

The Supreme Court of North Carolina’s opinion in Dallaire v. Bank of America, released last week, affirms that Chapter 7 bankruptcy proceedings will not discharge liens on property. This is of particular interest to associations. The court suggests that while a bankruptcy court order can discharge
Read more
16
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

CTS fix on for concurrence before NC Senate

UPDATED 6/17 5:25PM: Senate Bill 574 which clarifies that the 10 year statute of repose in N.C.G.S. 1-52(16) was not intended to apply to groundwater contamination has been placed on the Senate calendar for June 17th re-referred to Senate Judiciary I Committee on June 17th.  The Judiciary I Com
Read more
15
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Dallaire Provides Guidance for Bankers and Creditors

The Supreme Court of North Carolina’s opinion in Dallaire v. Bank of America, released last week, carries several implications for banking and collections law in North Carolina.   Bankers will be interested in the bulk of the Dallaire opinion, which deals with determining whether a loan off
Read more
13
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

CTS fix passes North Carolina State House 109-0

Senate Bill 574 which clarifies that the 10 year statute of repose in N.C.G.S. 1-52(16) was not intended to apply to groundwater contamination has passed the North Carolina State House by a vote of 109 to 0.  The bill returns to the North Carolina State Senate next week for a vote on the House'
Read more
13
Jun 2014
<br />
<b>Notice</b>:  Undefined property: ContentViewCategory::$item in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />
<br />
<b>Notice</b>:  Trying to get property 'title' of non-object in <b>/homepages/4/d794420606/htdocs/ask/templates/dunganlaw_template/html/com_content/category/blog.php</b> on line <b>117</b><br />

Dallaire sends warning to consumers

The Supreme Court of North Carolina’s opinion in Dallaire v. Bank of America, released last week, sounds a warning for consumers.   After filing a Chapter 7 bankruptcy, the borrowers in Dallaire were convinced to refinance their first and second mortgages with Bank of America. Their th
Read more
11
Jun 2014

Info on State Renovation Projects

The State of North Carolina is hosting a reception for historically underutilized businesses on June 18th at the Governor's Mansion in Raleigh. The program will give contractors a chance to build business relationships with State Agency Project Managers, to learn about repair and renovation projects
Read more
10
Jun 2014

Your Association should care about Waldburger

How does the recent CTS decision affect your association? Similar to a statute of limitation, a statute of repose prescribes a time limit during which a suit must be filed or all right to recovery are lost. However, a statute of repose begins to run based on the occurrence of some event (i.e. when
Read more
22
Jan 2014

Dungan to host info session for CTS victims

Robert Dungan and Jeff Stahl of law firm Dungan, Kilbourne & Stahl and Joseph L. Anderson, of the Washington, DC law firm Pangia Law Group will host an information session for the victims of the CTS contamination. Joseph Anderson is one of the attorneys representing the plaintiff victims in the
Read more
24
Dec 2013

It's a Wonderful Copyright

One of America’s most beloved holiday movies, It’s a Wonderful Life was once in the center of a copyright controversy caused by a clerical error and resolved with a Supreme Court decision. In 1946, when It’s a Wonderful Life was filmed, U.S. copyright protection lasted 28 years and could be r
Read more
08
Nov 2013

Captain Justice, Guardian of the Realm and Leader of the Resistance

Recently, in response to a motion by the District Attorney in Williamson County, Tennessee, attorney Drew Justice drafted a creative response. The District Attorney suggested that the word "government" used to describe the Prosecution in a trial has negative connotations for the jury. In Response,
Read more
28
Oct 2013

Kilbourne elected to FBA Office

James Kilbourne of Dungan, Kilbourne & Stahl was recently elected as an officer of the Western District of North Carolina’s chapter of the Federal Bar Association in the chapter’s Annual Meeting in Charlotte. His one-year term as Secretary commences January 2014.
Read more
28
Oct 2013

Cherokee Negligence

I received a call today with a question about the law of negligence in Cherokee. I thought I would share the info: Unlike the rest of North Carolina, the Eastern Band of Cherokee Indians has adopted Comparative Negligence (Cherokee Code [C.C.] § 1-19). This means the Tribal Court (and other courts
Read more
25
Sep 2013

Technology Links Posted

On September 26th, James Kilbourne of Dungan, Kilbourne & Stahl taught a CLE on technology as part 28th Judicial District Bar Professionalism For New Admittees Program. The state bar curriculum for new attorneys covers important subjects for new attorney who have are just joining the North Carol
Read more
05
Aug 2013

Collections

If you need help collecting on an outstanding debt, contact the Dungan Law Firm for more information regarding our Creditor Bankruptcy Protection and Debt Collection services. We offer new lower-costs methods of collection as a result of recent changes to North Carolina law. Contact Robert E.
Read more