Smith Debnam Narron Drake Saintsing & Myers, LLP

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The Landmark Center
4601 Six Forks Road, Suite 400
Raleigh, NC 27609, United States
Phone: 919.250.2000
Fax: 919.250.2211
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Bankruptcy
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Family Law
  • Finance & Banking
  • Labor & Employment Law
  • Real Estate
  • Wills, Trusts, & Estate Planning
Locations
Other U.S. Locations
  • North Carolina
  • South Carolina
Number of Attorneys
25-50 Attorneys

Shifting Sands Continue to Undermine Traditional Definitions of Employment

On June 7, 2017, the Wage and Hour Division of the United States Department of Labor withdrew two Administrator’s Interpretations issued during the Obama administration that took a broad view of the employment relationship under…more
 /  Civil Procedure, Labor & Employment Law, Franchise Law

When is a Question of Fact NOT a Question of Fact?

His light was red, swore the nuns. My light was green, slurred the drunk. Question of fact, ruled the judge. Summary judgment, denied. If cases were that simple, our courts wouldn’t have enough to do. Trial court motion…more
 /  Civil Procedure, Finance & Banking

Fourth Circuit Weighs in on Article III Standing

The Fourth Circuit recently examined the issue of Article III standing in the context of the FDCPA. In Ben-Davies v. Blibaum & Associates, P.A., 2017 U.S. App. LEXIS 9667 (4th Cir. June 1, 2017), the consumer sought to assert…more
 /  Constitutional Law, Finance & Banking, Law Practice Products & Services, Consumer Protection

Equitable Distribution When the Trial Judge Gets it Right

It is not often in a complex equitable distribution case that we see a trial Judge’s fair and well-reasoned decision reversed on appeal. However, that is precisely what happened in the April 18, 2017 Court of Appeals case…more
 /  Family Law

Guest Post: District Court Rejects Vicarious Liability Claims under the TCPA

A Michigan district court recently weighed in on the availability of vicarious liability for violations of the Telephone Consumer Protection Act (the “TCPA”). In Kern v. VIP Travel Servs., the plaintiffs received several dozen…more
 /  Communications & Media Law, Consumer Protection, Privacy

How Does Remarriage Impact Wills and Inheritances?

Divorce and remarriage are common in the United States, and most legal professionals place these issues squarely within the family law realm. However, people who remarry should also carefully revisit their estate plan documents…more
 /  Family Law, Wills, Trusts, & Estate Planning

Guest Post: CFPB Issues Request for Information Regarding Small Business Lending

The CFPB has issued a Request for Information (RFI) to collect data that will shed light on how small businesses engage with financial institutions, with a particular focus on women-owned and minority-owned small businesses. Of…more
 /  Business Organizations, Consumer Protection, Finance & Banking

Supreme Court Reverses Bankruptcy Proof of Claim Case

Midland Funding, LLC v. Johnson, (May 15, 2017). Yesterday, the Supreme Court reversed the Eleventh Circuit’s holding in Midland Funding v. Johnson in a 5-3 split. Their decision resolves a circuit split as to whether the…more
 /  Bankruptcy, Civil Procedure, Consumer Protection, Finance & Banking

CFPB Seeks Comment on Effectiveness of the RESPA Mortgage Servicing Rule

As required by the Dodd-Frank Act, the CFPB is conducting an assessment of its RESPA Mortgage Servicing Final Rule, which took effect on January 10, 2014. The assessment will seek to compare servicer and consumer activities and…more
 /  Consumer Protection, Finance & Banking, Real Estate - Residential

District Court Takes on the Intersection of Bankruptcy and the FDCPA

A New York District Court recently tackled the intersection between bankruptcy and pre-petition FDCPA claims and the application of judicial estoppel to undisclosed claims. In December 2013, Jeziorowski filed a complaint…more
 /  Bankruptcy, Communications & Media Law, Consumer Protection, Finance & Banking, Privacy

How to Talk to a Boomer - Smith Debnam

MAYBE BOOMERS’ MUSIC WAS BETTER THAN TODAY’S MUSIC, but our clothes were ridiculous. We were self-centered libertines in youth, we cannot multitask, and we have a fetish for the telephone. Now we run the company. Until us Baby…more
 /  Law Firm Marketing

Why I Like Coffee Meetings

I guess we all have a tendency to spend time doing the things we most enjoy. No doubt, I love investing time in the “big things” in my life – my family, best friends, other kindred spirits, time in the Word. These are a priority…more
 /  Law Firm Marketing

Successors by Merger May Not be Debt Collectors

A recent decision from a Louisiana district court should provide some comfort to banks and other financial institutions who acquire other entities by merger – at least in the Fifth Circuit, they are not debt collectors…more
 /  Commercial Law & Contracts, Consumer Protection, Finance & Banking, Mergers & Acquisitions

Is My Beloved Pet Just an Asset to be Divided?

Our dogs and cats are part of our family, right? They do not just represent property to be divided, right? Actually, in North Carolina, pets are considered property and as such our courts will divide your pets in the same manner…more
 /  Family Law

CFPB's Monthly Report Focuses on Student Loan Products

The CFPB’s most recent monthly report on consumer complaints spotlights student loans. The report is a high level snapshot of trends in consumer complaints. The Report provides a summary of the volume of complaints by product…more
 /  Consumer Protection, Education, Finance & Banking, Real Estate - Residential
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