All's Fair in Love, War . . . and Collegiate Athletics? The University of Maryland's Answer and Counterclaim to the ACC's Lawsuit

The attorneys of McCullers & Whitaker are fierce litigators as well as rabid sports fans.  As such, our attorneys are always fascinated when the sports world and the court system intersect.  The recent decision of the University of Maryland to withdraw from the ACC to join the Big Ten Conference and the lawsuit that decision spawned has fascinated us.  Allegations of violations of antitrust law, breach of charter constitutions, and the validity of the ACC's "exit fee" are just the tip of the iceberg.  There are dual lawsuits pending in Maryland and North Carolina and questions of jurisdiction and venue abound.

So, when the University of Maryland filed its Answer and Counterclaim recently, we quickly absorbed and dissected it.  Local and national media have attempted to summarize the contents of this document, but it really is worth a quick read.  Among other things, the University of Maryland alleges that several ACC teams were all but ready to abandon ship, the the ACC made overtures to two other Big Ten schools and that the SEC is horrible and was never an option for the SEC.

The link below will take you to the the University of Maryland's full Answer and Counterclaim:

University of Maryland's Answer and Counterclaim - Full Text

M&W Announces 25% Discount on Estate Planning Attorney Fees from December 12, 2013 through January 31, 2013!

RING IN THE NEW YEAR WITH PEACE OF MIND!  Starting today and running through January 31, 2014, the attorneys at the law firm of McCullers & Whitaker will be offering a 25% discount on all estate planning services.  For the averaged married couple, this discount would result in a savings of $250 or more!  This discount extends to new clients as well as returning clients.  This discount will apply to any and all estate planning consultations, as well as the preparation of estate planning documents, such as wills, trusts, power of attorneys, healthcare power of attorneys, and associated documents.

E-Filing Deeds and Deeds of Trust: Buyers No Longer Have to Wait for Their Closing Attorney to Race to the Courthouse

Earlier this month, the Wake County Register of Deeds Office joined the ranks of North Carolina counties which now allow Deeds and Deeds of Trust to be electronically filed and recorded.  This development is a gigantic improvement upon the closing process and will allow Buyers who have just purchased a home to get their keys much quicker.

Before this announcement, Buyers would attend closing and review closing documents with their closing attorney.  After closing, their closing attorney would submit signed documents to the Buyers' mortgage lender for approval.  Once approved, said mortgage lender would then cause funds to be delivered to the closing attorney.  Once funds were received, the closing attorney would travel to the county courthouse, update his title search, and, finally, cause the Deed conveying title to Buyer and the Deed of Trust evidencing the security interest for the mortgage lender to be recorded.  For many Buyers, it was only after recordation that they would receive their keys and gain entry into their new home.  This process takes time, and, for some unlucky Buyers, this process could stretch into the next business day.

By allowing closing attorneys to electronically file, a timely trip to the courthouse is no longer a part of the equation.

The law firm of McCullers and Whitaker, PLLC, has been electronically filing in Johnston, Durham and Harnett counties for several years.  Our firm maintains an electronic link to the Administrative Office of the Courts to access their databases.  This additional expense allows our attorneys to update our title search from the comfort of our office.  If closing has been completed, funds received and funding approval given by our Buyer's mortgage lender, we can update our title search and electronically file the Deed and Deed of Trust.  On several occasions, we have been able to finalize a closing before our Buyers have left our office!

Here at the law firm of McCullers and Whitaker, PLLC, we have seen first hand how electronic filing is changing the normal time constraints of the closing process.  If you have any questions about electronic filing, please do not hesitate to CONTACT US TODAY at (919) 772-7000 (Wake County) or (919) 585-5501 (Johnston County), or email us via our Quick Contact.

Criminal Charges, University Disciplinary Actions and the Student: The Students and Administration Equality Act

In August, 2013, North Carolina became the first state to pass a law that allows college students in North Carolina who face administrative disciplinary hearings to have defense attorneys present at said hearing.  The Students and Administration Equality Act (N. C. G. S. §116-40.11) evens what had been an unbalanced playing field.  The result of these hearings could result in punishment as severe as expulsion; yet, before North Carolina’s groundbreaking legislation, students attended and were tried without representation while experienced university administrators presented evidence against them.

The attorneys at McCullers & Whitaker, PLLC, are seasoned trial attorneys who have spent the past ten (10) years representing clients facing charges of wrongdoing in state court, federal court and before professional licensing boards.  The attorneys at McCullers & Whitaker, PLLC, are on the forefront of this fast-growing area of practice.  The attorneys at McCullers & Whitaker, PLLC are perfectly poised to represent students across North Carolina under this landmark legislation.

The law firm of McCullers & Whitaker, PLLC, maintains offices in Raleigh, Garner, Clayton, Cary and Zebulon.  Our attorneys, paralegals and staff have represented clients across the state of North Carolina.  If you are a student who is facing an administrative disciplinary hearing, CONTACT US TODAY at (919) 772-7000, or email us via our Quick Contact.

For more information on The Students and Administration Equality Act, please find the following links below:

Text of The Students and Administration Equality Act

North Carolina General Assembly Bill Information

Attorney Damion McCullers Voted To Serve on Tenth Judicial District's Board of Directors

Attorney Damion McCullers, a founding partner of the law firm of McCullers & Whitaker, PLLC, was recently elected by his peers to serve on the 2013 incarnation of the Wake County Bar Association and Tenth Judicial District Bar's Board of Directors.

From the Wake County Bar Association and Tenth Judicial District Bar's Website:

"The Tenth Judicial District Bar is a mandatory organization for attorneys who live or practice in Wake County, North Carolina.

The Wake County Bar Association is a voluntary organization for legal professionals whose mission is to enhance members' opportunities and well being through professional, educational and social activities, as well as serve the public."

Attorney Joshua M. Whitaker Appointed to Town of Garner Planning Commission

Attorney Joshua M. Whitaker, a founding partner of the law firm of McCullers & Whitaker, PLLC, was recently appointed to the Town of Garner Planning Commission.

From the Town of Garner Website: "The Planning Commission is an advisory body to the Town Council and makes recommendations regarding land use, zoning and development.

Attorney Mitch Brewer to Serve as President of Garner Mid-Day Rotary Club for 2013-14

Mitch Brewer, an attorney with the law firm of McCullers & Whitaker, has been elected to serve as the President of the Garner Mid-Day Rotary for 2013-2014 year.

The Garner Mid-Day Rotary Club website is a good resource for the club’s history.  The club is currently gearing up for their annual Black, White & Bling Gala, which is scheduled to take place on Saturday, November 16, 2013 at the Grand Marquis Ballroom.  More information can be found on the club’s website.