The Corporate Transparency Act: What North Carolina Law Firms Need to Know
Lawyers Mutual has published previous alerts regarding the new filing requirements under the Corporate Transparency Act (“CTA”) that went into effect January 1, 2024. After reviewing additional resources, we want to emphasize concerns that we have about the risks and increased potential liability for lawyers undertaking the reporting requirements. This is especially true for the continuing reporting requirements after entity formation and initial reporting. Read More +
eCourts Expansion Announced for 2024
The North Carolina Administrative Office of the Courts (NCAOC) recently announced additional go-live plans for counties transitioning from paper files to Enterprise Justice (Odyssey), which currently serves Harnett, Johnston, Lee, Mecklenburg and Wake counties. Twelve northeastern counties comprising Track 3, as previously announced, will go live on February 5, and 10 counties comprising Track 4 (Alamance, Chatham, Durham, Franklin, Granville, Guilford, Orange, Person, Vance and Warren) will go live on April 29. Read More +
Fraudulent Activity ALERT Relating to the Corporate Transparency Act
Lawyers Mutual has been notified about the following fraudulent activity relating to the Corporate Transparency Act: FinCEN has been notified of recent fraudulent attempts to solicit information from individuals and entities who may be subject to reporting requirements under the Corporate Transparency Act. The fraudulent correspondence may be titled "Important Compliance Notice" and asks the recipient to click on a URL or to scan a QR code. Learn more about the Corporate Transparency Act. Read More +
Beware! The Corporate Transparency Act is Upon Us
Beginning January 1, 2024, the Corporate Transparency Act (“CTA”) goes into effect and will impose stringent Federal reporting requirements on many small businesses. The CTA was passed by Congress to enhance transparency in entity structures and ownership in an effort to help the government combat money laundering, foreign interference, fraud, and other illegal activities. Read More +
North Carolina Appellate Practice
Given the recent rash of dismissed appeals based on appellate rules violations, we recommend our policyholders read the article linked below. We urge lawyers to reacquaint themselves with the rules and share the information with all pertinent staff. Read More +
Seller Imposter Fraud
“Follow the money.” We’ve learned over the years that following the money is the approach used by online fraudsters. Read More +
NCAOC announces go-live date for eCourts File & Serve Track 1 - February 13, 2023
The Odyssey eCourts File and Serve go-live date for the four pilot counties (Wake, Harnett, Lee & Johnston) is rescheduled for Monday, February 13, 2023. Read More +
Cyberattack Hits 13 Register of Deeds Offices in NC
Monday, January 9, 2023, the North Carolina Land Title Association emailed a notice to members regarding the recent cyberattack that disrupted operations at thirteen Register of Deeds offices across North Carolina. Read More +
eFiling Coming to North Carolina Courts: Training Dates Announced
As part of North Carolina’s eCourts initiative, the N.C. Administrative Office of the Courts (NCAOC) will be introducing a new eFiling system, known as File & Serve, that will allow attorneys statewide for the first time ever to submit documents and case filings online. This new capability will launch later this year in four pilot counties: Harnett, Johnston, Lee, and Wake. Read More +
Landmark Remote Online Notarization Bill Approved
The House and Senate both approved House Bill 776, and Governor Cooper signed the Remote Online Notarization (RON) into law on July 8, 2022. This legislation allows notaries to identify individuals and notarize their signatures using internet technologies. Homebuyers, for example, will be able to close loans and buy houses remotely. Read More +
Supreme Court Amends the North Carolina Business Court Rules
The Supreme Court of North Carolina has adopted amendments to the North Carolina Business Court Rules. The Supreme Court’s order amending the rules was adopted on 15 June 2022 and is effective on 1 July 2022. Among other things, the Supreme Court’s order amends the rules related to formatting, sealed documents and protective orders, hearings and conduct, motions and briefs, and pretrial hearings. All interested persons are encouraged to read the Supreme Court’s order in its entirety. Read More +
US Supreme Court Permits States to Seek Reimbursement from Settlement Payments for Future Medical Care
On June 6, 2022, the US Supreme Court issued its opinion in Gallardo v. Marstiller, Sec’y of the Fla. Agency for Health Care, 2022 U.S. Lexis 2683, and held that the Medicaid Act permits States to seek reimbursement from settlement payments allocated for future medical care. The full opinion can be read here. Read More +
Common Errors in Real Estate: Wire Fraud Claims
Wire fraud was a problem prior to Covid-19; however, with the increase in remote work spurred by the pandemic, wire fraud has increased. Cyber-attacks have occurred in every sector of life and attorneys are not immune. In fact, real estate attorneys are a prime target for cyber criminals. Read More +
Breaking Down the Corporate Transparency Act (CTA) for North Carolina Lawyers
In 2021, Congress enacted the Corporate Transparency Act (CTA) of 2019 as part of the National Defense Authorization Act for Fiscal Year 2021. Read More +
Understanding the LM Financial Fraud Exclusionary Endorsement in Your LM Professional Liability Insurance Policy
Wire Fraud losses continue to plague real estate transactions, resulting in millions of dollars of losses around the country. The most common scenario is the buyer receiving altered wiring instructions. The State Bar is now holding the closing attorney accountable for this loss even though the closing attorney did nothing to cause the loss. Read More +
Common Errors in Litigation Claims
In 2021, litigation errors constituted one-third of all the claims reported to Lawyers Mutual. Plaintiff’s Personal Injury, under the litigation umbrella, constituted the single practice area with the most reported claims. Missed deadlines breed the most errors. The lack of a good calendaring and docket system is the main reason attorneys miss deadlines. Remote work and not being in the office with other attorneys and support staff has compounded this problem. Read More +
Supreme Court of North Carolina Issues Administrative Order Regarding Recusal Motions
Yesterday, the Supreme Court of North Carolina issued an administrative order regarding motions for the disqualification or recusal of supreme court justices. The order indicates that the Court shall assign the motion to the justice who is the subject of the motion for their determination. Read More +
Special Update On The Emergency Video Notarization Law By The NC Secretary of State
This is to alert you that, despite the vigorous efforts of the Secretary of State’s Office and others to obtain a timely extension, it appears the Emergency Video Notarization law will expire on December 31, 2021 unless the General Assembly takes further action. Read More +
Supreme Court Amends the Rules of Appellate Procedure - October 14, 2021
The Supreme Court of North Carolina has adopted amendments to the North Carolina Rules of Appellate Procedure. Read More +
Risk Management Alert: The Temporary Emergency Video Notarization Law Expires March 1, 2021
Temporary Emergency Video Notarization Law Expires March 1, 2021 Read More +