Recent Articles from David Donovan
4th Circuit: No private right to injunctive relief under RICO
The Racketeer Influenced and Corrupt Organizations Act doesn’t give private plaintiffs a right to sue for injunctive relief, the 4th U.S. Circuit Court of Appeals has unanimously ruled in an issue of first impression that has divided other circuits courts, deepening a circuit split that may ultimately require resolution from the U.S. Supreme Court. A […]
Lawyers in the News – Nov. 22
Poyner Spruill has announced the addition of an education law practice group to the firm. The practice group will be comprised of nine attorneys who come to the firm from Schwartz & Shaw in Raleigh. Partners Katie Cornetto, Rachel Hitch, Brandon McPherson, and Brian Shaw; of counsel Laura Crumpler; and associates Dr. Amy Clay, Rachel Nicholas, Grace Sykes, and Rebecca Williams will a[...]
High Point attorney suspended indefinitely
Attorney: Joshua Michael Reed Location: High Point Bar membership: Member since 2016 Disciplinary action: Suspended pending the disposition of all disciplinary proceedings on Nov. 9. Background: Reed pleaded guilty to the offense of attempted coercion or inducement of a minor in U.S. District Court for the Western District of North Carolina. Reed voluntarily consented to […]
Hickory attorney disbarred
Attorney: Katherine Heath Pekman Location: Hickory Bar membership: Member since 2011 Disciplinary action: Disbarred on Nov. 9 Background: Pekman represented clients in family law matters. In eight separate matters cited in the order disbarring Perkman, she failed to exercise reasonable diligence in representing her clients, failed to keep her clients reasonably informed about the status […]
$12.5M settlement for two minors injured in car crash
The guardians of two children who suffered severe injuries as a result of an automobile accident have reached a partial settlement for $12.5 million, their attorneys report. Fred DeVore and Bill Acton of DeVore, Acton & Stafford in Charlotte report that one of the children suffered an upper cervical fracture that required a fusion […]
Suspended Charlotte attorney censured
Attorney: Daniel S. Rufty Location: Charlotte Bar membership: Member since Disciplinary action: Censured on Aug. 25 Background: Rufty associated with Babbs Law Firm, an out-of-state law firm not authorized to practice law in North Carolina, and aided the firm in falsely holding itself out to North Carolina residents as being able to provide legal representation, […]
Arden attorney reprimanded
Attorney: Peter R. Henry Location: Arden Bar membership: Member since 1996 Disciplinary action: Reprimanded on Aug. 25 Background: Henry failed to properly respond to a discovery request on behalf of a client, leading to a summary judgment motion being granted in favor of the opposing party. In response to a grievance filed in the matter, […]
Gastonia attorney reprimanded
Attorney: Larry G. Hoyle Location: Gastonia Bar membership: Member since 1990 Disciplinary action: Reprimanded on Aug. 25 Background: In April 2015, a client hired Hoyle to file a motion for contempt against his wife in a child custody case. In June 2020 the wife contacted Hoyle about representing her in a juvenile case, and Hoyle […]
Ethics opinion would set rules for departed lawyers’ email accounts
Law firms need to keep a departing lawyer’s email account active and monitor and respond to incoming emails for a reasonable period of time, a newly proposed ethics opinion would rule. Proposed 2021 Formal Ethics Opinion 6, “Departing Lawyer’s Email Account,” published by the North Carolina State Bar Council’s ethics committee at its most recent […]
Charlotte attorney’s suspension stayed
Attorney: Wesley S. White Location: Charlotte Bar membership: Member since 2012 Disciplinary action: The remaining portion of White’s suspension was stayed on Oct 5. Background: White was suspended from the practice of law for two years on May 11, provided that after three months he could apply for a stay of the remainder of the […]
Lillington attorney censured
Attorney: Mark A. Key Location: Lillington Bar membership: Member since 1997 Disciplinary action: Censured on Aug. 25 Background: Beginning in 2017, Key represented an estate in a personal injury matter and the administration of the estate. Key failed to timely file the required accounting of the estate and failed to reasonably consult with the estate’s […]
Wilmington attorney suspended for one year
Attorney: Lonnie P. Merritt Location: Wilmington Bar membership: Member since 2008 Disciplinary action: Suspended from the practice of law for one year on Sept. 21 Background: Merritt represented a client in a domestic matter. During the representation, Merritt began a romantic relationship with the client that included sexual conduct. Merritt continued to represent the client […]
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