Boerema Blackton has built its practice by representing numerous businesses and their respective owners. The firm provides business-oriented legal advice for the entire corporate life cycle: from the initial structure of proposed business ventures, through the day-to-day transactions, and to the sale and/or purchase of businesses.
The firm acts as an outside general counsel for a number of clients, providing dedicated, responsive support with institutional knowledge of the client's business or situation. The business lawyers in our firm represent clients who conduct business on local, national, and international scales. We are committed to providing the best quality legal services to all of our clients, large and small, and have the breadth and depth of experience required to successfully guide clients through the most complex business transactions.
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- Q. Can a home owner in an HOA collect email addresses of other home owners using a glitch in the HOA online portal?
- A: It depends, but probably doesn't matter. There is unlikely to be a legal cause of action against someone emailing everyone in a neighborhood. Federal law prohibits accessing a computer without authorization, or in excess of authorization, but that law is probably inapplicable here. Research the Computer Fraud and Abuse Act to determine if there is a private cause of action under federal law. If I receive an email with 100 other email addresses CCed, there is nothing that prevents me from (as a private individual) emailing those email addresses about anything. The CAN-SPAM Act restricts how businesses may use email addresses, but that also seems inapplicable here. Furthermore, I could pick any neighborhood and find and compile the email addresses of every resident using publicly available information, then email them all about whatever I wanted. So, the mere fact that someone is emailing everyone in a neighborhood does not create a private cause of action. As to whether something in Article 55A requires that the HOA provide email addresses of all members, it arguably does. Nonprofit corporations are required to keep permanent records of actions, meetings, and information relating to its members and the number of votes each member is entitled to cast. The HOA (if incorporated as a nonprofit, which I'm assuming because you're referring to Article 55A here) is specifically required to keep the "names and addresses of all members" and members are entitled to inspect and copy those records. Almost always, when you buy a home subject to an HOA, you agree to become a member upon purchasing the home. Addresses here generally means physical addresses. However, if a nonprofit keeps email addresses of all members in its official corporate records (which many do) I see nothing that would prohibit a member from copying all of those email addresses.
- Q. I signed a DocuSign where someone said they would pay 825 a month now they say they were drunk. Is my DocuSign legal
- A: Electronic signatures are the same as original inked signatures under North Carolina law. So, without considering intoxication here, the contract would be valid if the only question is electronic signature compared to ink siganature. Now, whether the contract is invalid or voidable because the person was drunk cannot be answered with a simple yes or no. There are several basic elements required of every contract that must be met before getting to the question of whether the intoxicated can successfully argue that he or she lacked capacity to contract due to the impairment. I'd step back and consider basic elements of fairness, then consult with a lawyer. Is the other party getting something worth $825/mo? Did you have reason to believe the person was intoxicated at the time of signing, were they intoxicated for the entire contracting experience? That is, if I send someone a contract, which they review and comment on over the course of the week and they say (while clearly sober), okay I'm ready to sign it, I'll sign Friday night. Then that person gets drunk Friday night and signs the contract, the fact that they were drunk during the actual clicking a signature probably doesn't matter much. However, if I find someone who is drunk and I say, I'll buy you all the tacos you can eat tonight if you pay me $825/mo for the next year; here, sign this contract, the fact that the person was drunk is going to pay a major role in a court's analysis of that contract.
- Q. If I rent a lot in a mobile home park but I own the home can a landlord force an inspection of the interior of the home?
- A: This is going to depend on the terms of the lease agreement you have with your landlord. Review your written lease and see what it says about interior inspections of the home or landlord's access. The landlord's motivation for inspecting the interior of the home may also matter: less likely to be permissible if the landlord has been harassing you and seeks to terminate the lease agreement without cause; more likely to be permissible if the landlord thinks you are manufacturing drugs or producing and dumping hazardous waste on the land, for example. If you think this matter will escalate into a legal dispute, keep all communication between you and your landlord in writing, carefully review your lease agreement, and consult with an attorney in your area.
- Q. Good Afternoon. Have a question? How much in a price range to get a petition the court to get removed off the registry
- A: There is generally a $175 court fee to file for an expunction. The fee for an attorney's assistance is going to range depending on whether you're entitled to statutory relief (will automatically happen depending on your age at the time a crime was committed and the age and nature of the offense) or are applying to the Governor's office for clemency. You can find more information about expunction/expungement at https://www.nccourts.gov/help-topics/court-records/expunctions. Having worked in the NC Governor's Clemency Office, I can say that when an applicant engaged an attorney, they had a much higher likelihood of success. You can find out more about the Governor's Clemency Office at: https://www.ncdps.gov/adult-corrections/governors-clemency-office. If you are not currently incarcerated, you would apply for a pardon with the Governor's Office of Clemency. If you are incarcerated, the application would be for commutation, which seeks to reduce the time required to be served, to make parole eligible, or for immediate release. Pardons and commutation are a different type of relief than expunction: the criminal offense is not erased, but is generally forgiven. There are additional types of pardons that basically say: this person was innocent or this person is now allowed to own a firearm, despite a felony conviction. Your motivation for seeking to erase a criminal record (easier to obtain employment, reinstatement of ability to own a firearm, or seeking to reduce the duration of incarceration) will guide which type of relief you should seek, as well as your age at the time a crime was committed and the age and nature of the offense.
- Q. I have an financing agreement between me and a friend, how do i enforce the document? Thank you
- A: By contacting the attorney who drafted that financing agreement or an attorney in your state who specializes in business disputes.
- Q. Can a company buy shares from a new startup
- A: Yes, a company can own shares in certain situations (notably, if you're filing taxes as an S-corp, only a limited number of humans can own shares). There are strict state and federal securities laws relating to selling shares in companies. Contact an attorney in your state who focuses on business transactions and formations to assist you in preparing the organizational documents and working through these issues.
- Q. Can a company buy shares from a new startup and be a board member
- A: Yes, a company can own shares in certain situations (notably, if you're filing taxes as an S-corp, only a limited number of humans can own shares). There are strict state and federal securities laws relating to selling shares in companies. That is to say, if you take a substantial amount of money from investors and lose it all, someone is getting sued. Issuing securities on a DIY basis is like drilling your own teeth to save on dental bills; it can be done, but it's a terrible idea. Contact an attorney in your state who focuses on business transactions and formations to assist you in preparing the organizational documents and working through these issues.
- Q. Can I get stuck in trademark infringement issues from a different industry?
- A: If you use another company's name, brand, logo, mascot, etc. in a way that could cause consumer confusion (lead customers to think your product is affiliated with the company or officially licensed by the company with the same name) then you can be sued for trademark infringement. So, the key question here is, would it appear to your typical consumer that your comic book is affiliated with the beer company of the same name? Contact an attorney who focuses on trademark law to get an accurate answer for your specific situation.
- Q. Should a POA be recorded in the NC county in which it was notarized or the county where I am presently residing in NC?
- A: This may depend on how the PoA will be used. If, for example, the PoA is granted to allow one spouse to purchase a residential home in Wake County in the names of both spouses, it would make sense to record the PoA in Wake County. Who is supposed to honor this PoA? Many businesses/professionals will refuse to honor old PoAs, considering them to have gone "stale." If you're using the PoA to accomplish a specific task, ask the person who will be honoring the PoA where they would like it recorded. If you're unsure who might be honoring the PoA, file it in the county of your residence.