Presidential Transfer of Power

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imagesThe political world was upended Tuesday, and it is going to be a rocky road.  Yet, once the electoral college confirms Donald Trump as the next President, the transfer of presidential power will happen as it always has since January 23, 1933.  There will be a transition process and then, according to the Twentieth Amendment of the United States Constitution, Section 1.:  “The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d [sic] day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.”  Divisions and wounds will remain deep from this election, but we should all feel blessed that we live in a country which can consistently pass on power to someone new without violence.

 

“Cary On” – 2016 Business Expo

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Hannah Sheridan Loughridge & Cochran, LLP would like to let you know that we are joining with almost 100 other business members of the Cary Chamber of Commerce and will be taking part in the 2016 Business Expo – “Cary On” in the Grand Ballroom at Prestonwood Country Club in Cary. You have probably seen the ads in the N&O, Cary News, and even heard references on “99.9 The Fan” sports radio, Curtis Media and NPR.  It will take place on Wednesday, November 2 from 9:00 a.m. until 5:00pm.

We are expecting a big crowd and we were hoping that you might be able to stop by.  There will be a free shoe shine booth and a huge number of giveaways, food, and somebody will even win a $500.00 gift card – just in time for holiday shopping!

If you need directions to Prestonwood – just visit www.carychamber.com – and click on Expo 2016.

The event is open to the public and best of all it is free.  Bring your friends and coworkers and stop by and see us at “Table 19” Hope you can make it!

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You Go Nowhere By Accident

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On October 27, 2016, the North Carolina Bar Association hosted a wonderful gathering of leaders in the law who came together for the unveiling of a portrait of Allan B. Head.  Many reading this blog will not know Allan, others will.  Allan is retiring January 1, 2017 after 43 years as the Executive Director of the North Carolina Bar Association.  Allan is recognized nationally for his leadership skills, his willingness and drive to help anyone he meets, and his positive outlook.  Those who spoke and reflected on Allan’s life moved the crowd to tears – some of laughter and some of heartfelt emotion – by recounting Allan’s selfless nature, his loyalty to friends and to the profession he loves.  We, the lawyers and staff of Hannah Sheridan Loughridge and Cochran, would like to take this opportunity to share our best wishes to Allan and his family as he transitions towards retirement and thank him for his incredible life of service to the legal profession.

Allan closed his remarks by citing a benediction originally pronounced by Chaplain Dr. Richard Halverson, former chaplain of the United States Senate.  We thought this a good sentiment to share with our friends:

“You go nowhere by accident.

Wherever you go, God is sending you.

Wherever you are, God has put you there; He has a purpose in you being there.

Christ, who indwells you, has something He wants to do through you where you are.

Believe this and go in His grace and love and power.”

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WAKE VOTERS TO VOTE ON TAX INCREASE

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This past June, the Wake County Board of Commissioners decided to put a referendum on the November ballot to raise the local sales tax rate by ½ percent.  The purpose of the tax increase is to help foot the bill for half of Wake County’s $2.3 billion transit plan.  The transit plan includes a 37-mile commuter rail to link Raleigh and the surrounding areas, including Durham and RTP.  The plan also would expand bus routes across Wake County.  Proponents of the tax increase claim it will address budgetary issues and allow Wake County infrastructure to grow with its ever-expanding population.  Opponents believe that the tax increase will place undue economic strain on Wake County residents.   To read more about Wake County’s transit plan and the tax increase referendum before heading to the polls this November, go to www.waketransit.com.

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HSLC is Hiring!

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We are excited to announce that our law firm is looking to add a new team member to our team!

If you or someone you know is interested in the position, we are gathering cover letters and resumes for a Part-Time Administrative Assistant position until October 26, 2016.

Job Description and further information may be found here:  http://hslc-law.com/wp-content/uploads/2016/10/Administrative-Assistant-Ad.101116.pdf

Thank you.

Don’t Let Your Guard Down in the Aftermath of Hurricane Matthew

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Unfortunately, major disasters and fraud often go hand in hand.  It’s happened after every major catastrophic event such as the 9/11 attacks to natural disasters such Hurricane Andrew, Katrina and Sandy.  It’s a sad fact that people take these unfortunate events and the chaos created by the events to cash in on other peoples’ poor fortunes. Dishonest people try to fraudulently profit, falsely claiming to be both victims and heroes.

 After the event, construction always picks up to clean up and repair the damages caused by a storm.  There are very good contractors, but also a lot of bad ones, more so than before. A lot of them are very, very new to this industry, but they see this type of event as a very lucrative opportunity and they take advantage of it.  The most commonly recognized case is where a contractor approaches a home owner, takes a large up-front deposit, starts the work, and then disappears after just a few days.  For suppliers, the concern should be on out-of-state, or unlicensed contractors that need rental equipment and/or supplies.

In the case of home owners, most people would normally recognize a scam and refrain from giving out a large amount of money before work starts.  However, a fast talking contractor preys on the fact that contractors are in high demand and people are desperate to get back into their houses. As far as suppliers are concerned, it’s often a matter of being overwhelmed, as well as trying to help their community get back to normalcy. In times of need, we often give people the benefit of the doubt.   While there is a degree of criminality involved whenever a person enters into a contract to do work or opens an account with a supplier and then fails to complete the contractor or pay for goods, it’s difficult to prove fraud because intent to defraud is an element of the crime.  Intent is always difficult to prove, especially if the contractors makes “some” effort to do the work or makes a small payment on an account. So the majority of cases that actually go to court are civil disputes, and they are generally between the homeowner and the contractor over the quality, timeliness of the work, or the cost of the work.

Here’s some things you can do to prevent, or at least minimize, potential fraud:

For consumers:.

  1. Don’t independently acquire the building permits. Legitimate licensed contractors obtain the permits themselves.
  2. Verify that the contractor is properly licensed in the State that the work is being performed.
  3. Never pay more than 10 percent or $1,000 as a down payment for a job; never pay in cash; verify that the contractor has proper insurance.
  4. Have a written contract, with a defined scope of work to be performed, a lien waiver clause, start date and approximate finish date in the contract.
  5. This seems like common sense, but check references. Look at pictures of work, look for proper business addresses, websites and other indicia of a legitimate business operation. Ask to see their driver’s license, and take pictures of their work vehicles and license tags.
  6. Ask to see the contractor’s proof of liability and worker’s compensation insurance. Follow up with their agent or insurance company to verify it’s still in place.  You can request a certificate of additional insured, which means the company has knowledge of your project.
  7. Check your State’s contractor licensing board website for an active license before signing any contract.
  8. Do not be rushed into signing a contract. Never sign a contract containing blanks; unacceptable terms might be added later. Make sure you get a copy of the signed contract.
  9. Make an insurance claim on your homeowner’s insurance before entering into a contract for repairs. Take pictures of the damages.  Keep receipts.
  10. Don’t pay for a lot of temporary repairs.
  11. Finally, never pay a contractor in full or sign a form of acceptance of work before the work is finished and inspected by appropriate municipal inspectors.

For suppliers:

  1. Stick with Standard Operating Procedures. Do not open accounts or take payments in a manner that is outside of your firm’s normal procedures.  Check references. Obtain additional security or assurances of payment, if necessary.
  2. Ask questions about the project. Ask for direct payment, or joint checks, from the owner.
  3. Be wary of out-of-state contractors. It is difficult and more expensive to obtain and collect on a judgment if the defendant is out-of-state.
  4. If they’re registered with the Secretary of State, look at their corporate status and filings. Make sure they’re in good standing and that you’re dealing with authorized agents.
  5. Similar to homeowners, ask to see the contractor’s proof of liability and worker’s compensation insurance. Follow up with their agent or insurance company to verify it’s still in place.
  6. Check your State’s contractor licensing board website for an active license before extending credit.

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North Carolina Unemployment Falls in August

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North Carolina’s unemployment rate fell to 4.6%, the lowest since April of 2007.  While that appears, on its face, to be good news for the people of North Carolina, the numbers can be a bit misleading.  Although the number of unemployed North Carolinians fell, so too did the number of employed people in North Carolina, generally in the governmental sector.  North Carolina does continue to outpace the current national average (4.9%) and is far exceeding North Carolina’s unemployment rate of August, 2015 (5.7%)

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NC Economy Continues to Improve

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According to the monthly “Snapshot” provided by the Federal Reserve Bank of Richmond, “North Carolina’s economy strengthened” as the summer wound down. Anecdotal accounts support the Fed’s finding that residential housing construction continues boom in most, but not all of the state. Construction employment also remains strong while the overall unemployment rate continues to fall.  Good news for North Carolinians all in all.  See the full report here:  https://www.richmondfed.org/~/media/richmondfedorg/research/regional_economy/reports/snapshot/pdf/snapshot_nc.pdf

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Flexible Work Schedules and Telecommuting

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We have seen a growing trend within Raleigh start-up technology companies. Flexible Hours.  Working from Home.  Fancy Coffee.  Jeans at the Office. Young, hip entrepreneurs present a much different corporate image than the days of pressed button-up shirts at IBM.  Is this the way of the future or just some hipster trend?  We suspect a little bit of both.  This short article provides an interesting look into this new way of doing business:  http://www.fastcompany.com/3059295/your-most-productive-self/inside-three-companies-that-are-innovating-flexible-schedules

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CELEBRATING THREE YEARS

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Social media is highly effective in reminding you of important events in life.  For the team at Hannah Sheridan Loughridge & Cochran, this week has been filled with warm wishes and congratulations as we celebrate three years as a firm.

We would like to take a minute and use social media to send a heartfelt “THANK YOU” to clients, lawyers and businesses across the state and across the nation for your support over these three years.  Time has flown by and we so look forward to continuing to grow our relationships and show our gratitude in the coming years.

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PROPOSED CHANGES TO THIRD PARTY DEBT COLLECTION

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On Thursday, July 28, 2016, the Consumer Financial Protection Bureau, a governmental agency created in 2008 to protect consumers, proposed a large-scale overhaul of the debt collection industry.  The proposal marks the biggest overhaul of the $13.7 billion debt-collection industry since the passage of the Fair Debt Collections Practice Act in 1996.  The changes include: 1) the requirement of debt collectors to confirm the existence of the debt and possess sufficient information before instituting collection efforts, 2) the prohibition of the filing of a lawsuit after the Statute of Limitations has expired, 3) the requirement of debt collectors to provide information to the consumer related to the consumer’s rights, written in clear English, and 4) would limit the number of contacts a debt collector can make in 1 week to six times.  The CFPB will now hold hearings on the proposed changes, resulting in formal, finalized rules later in 2016.  The public then has 90 days to comment before they take effect.  For more information on the Consumer Financial Protection Bureau, see www.consumerfinance.gov.

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HOUSING MARKET TRENDS ENCOURAGING

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If you have thought, are thinking or need encouragement to think about moving any time soon, the state of the housing market in the Triangle region should give some thought to now being the time.  It is certainly a “seller’s” market.

The same statistics that might encourage some to put their house on the market, should be encouraging to those in the construction industry.  The inventory of available homes on the market is extraordinarily low.  If you are curious about these statistics, go to the Triangle MLS website at: https://www.trianglemls.com/market-trends.cfm/trend/7 and review the numbers.

Keep in mind however that the numbers contained in those statistics do harbor some cause for concern.  As prices continue to escalate and demand for housing results in more new housing starts, commodity and labor costs are increasing.  Therefore, the ability of, and the incentive for, builders to build affordable “starter” or “first-time owners” homes becomes a challenge.  According to reports, the need for this level of housing is on the increase, but the laws of supply and demand are operating to make the cost prohibitive.  A conundrum to be certain.

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Net Neutrality Rules Survive Major Court Challenge

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In response to the Obama administration’s new “net neutrality” rules, internet service providers responded with a well-funded legal challenge.  In a 2-1 decision, the DC Circuit just upheld the Obama administration’s FCC regulations governing broadband service.  This important appellate decision finds that the FCC may regulate broadband service in a similar manner as it regulates telecommunications service.  The FCC now may regulate the activities of internet providers in greater detail.  It is certainly possible that this matter ends up before the US Supreme Court.  For now, the rules are in place.

Read more:  http://www.vox.com/2016/6/14/11933326/net-neutrality-ruling-obama

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THE TRIANGLE REMAINS A GREAT PLACE TO LIVE AND WORK

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As with most businesses, HSLC receives a steady stream of email and publications related to the business and family climate of this area we call home.  Just this week, the North Carolina Department of Commerce released employment statistics which the local Chambers of Commerce quickly reported as the jobless rate for the Triangle dropped to 4.8% – below both the state and national averages.  At the same time, reports show that the inventory of houses available for purchase remains low which is leading to a continuing recovery and escalation of the sale prices.  All of these economic indicators point to the Triangle region as an economically strong place to live.

On Facebook recently, a friend inquired about ideas for activities a father might do on a weekday with his three children since his wife, a teacher, still had to be in school.  It was fascinating to watch the comments and suggestions roll in.  The Triangle area is blessed with numerous and diverse parks, museums, volunteer opportunities, and assorted adventures indoors and outside.

For all the negatives frequently portrayed in our current political environment, it is important to remember that the sky is not falling.  We live and work in a vibrant region and the lawyers at HSLC enjoy working with businesses and individuals across the state of North Carolina who recognize the continued potential for this state to be a leader and a great place to live, work and raise a family.