Ward and Smith, P.A.

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Raleigh, New Bern, Wilmington, Greenville, and Asheville, North Carolina, United States
Phone: 919.277.9218
Fax: 252.672.5477
Areas Of Practice
  • Administrative Law
  • Agriculture
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Health
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys
51-99 Attorneys

Alternatives to Registering a Security Offering

There are many ways for a company to raise capital.  Two common ways are for the principals to inject their own cash or arrange for the company to borrow it. But most banks are unwilling to lend to a company that does not…more

Accredited Investors, Broker-Dealer, Capital Raising, Corporate Governance, Private Placements

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Bankruptcy Destroyed My Perfect (Landlord-Tenant) Relationship!

February brings us Valentine's Day, and we bring you a tale as old as time. Two people meet, maybe online, maybe at a Chamber of Commerce mixer, maybe over lunch arranged by a broker.  They hit it off and commit to a long-term…more

Automatic Stay, Bankruptcy Code, Debtors, Force Majeure Clause, Landlords

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Be Sure to Insure: 10 Types of Business Insurance Coverage to Consider

When it comes to protecting your business, having the right insurance coverage is crucial, but how do you know what types of coverage you need? The first step is understanding some of the key different types of insurance…more

Commercial General Liability Policies, Cyber Insurance, Insurance Industry, Property Insurance, Umbrella Policies

See all updates »

Can You Feel the Love Tonight? Estate Planning for Couples

Let's be honest.  Legal documents are not written in anyone's love language.  On Valentines Day, we undoubtedly would prefer to exchange thoughtful presents, enjoy an intimate meal with our significant other, or blush at the…more

Beneficiaries, Beneficiary Designations, Estate Planning, Spouses, Trusts

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UM/UIM Coverage: What It Is and Why You Need Enough of It

If you are injured in a car crash that isn't your fault, you expect insurance to cover your medical expenses and related costs from the crash. But you might be out of luck if you don't have sufficient UM/UIM…more

Auto Insurance, Bodily Injury, Car Accident, Liability Insurance, Medical Expenses

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When Is a Deal a Deal?

Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain pitfalls. At worst, this can lead to the complete invalidity of the…more

Contract Disputes, Contract Drafting, Contract Formation, Contract Interpretation, Contract Negotiations

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Practical Considerations for Your "Return to Work" Plan

The COVID-19 pandemic has sent many of us out of our office space and into our homes, working from kitchen tables or spare bedrooms. While many employees have adjusted well to new routines and environments, others are anxious…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements

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Commercial Real Estate Sellers: Hire Your Own Attorney!

Many sellers believe, possibly based on their experience in residential real estate transactions, that they can rely on the buyer's attorney, or a real estate broker, to "represent" them in a transaction. Although it is common…more

Attorney Representation Agreements, Buyers, Commercial Real Estate Contracts, Listing Contracts, Purchase Agreement

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Clear as Mud: What Diseases are Covered by the Camp Lejeune Justice Act?

By now, you've heard the commercial and can probably say this line in your best "television infomercial" voice: "If you, a family member, or a loved one lived at Camp Lejeune for 30 days or more between the years 1953 and 1987,…more

Contamination, Department of Veterans Affairs, Military Service Members, Toxic Exposure, Veterans

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2024 North Carolina Primary Election Recap – Grassroots Candidates Show Strength in Numbers

As attorneys and professionals, Ward and Smith's government relations team watches with keen interest those who are elected, or might be elected, to the legislative, executive, and judicial branches in North Carolina state…more

Election Results, General Assembly, General Elections, North Carolina, Political Candidates

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Be Mindful of Income Tax in Estate Planning, Particularly Basis

Avoidance of estate taxes is one consideration in estate planning.  Under current law, however, estate tax issues generally affect only the wealthiest 1% of the population, but everyone should be mindful of income tax…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Income Taxes, IRS

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Final(ly) Adoption by the US EPA of Revised Standards and Practices for All Appropriate Inquiries

The United States Environmental Protection Agency ("EPA") adopted an updated standard of practice for Phase I Environmental Site Assessments on December 15, 2022.  The updated standard adds more refined investigation and…more

ASTM, CERCLA, Contaminated Properties, Environmental Liability, Environmental Policies

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Healthy Financial Planning: Factoring in the Rising Costs of Insurance Premiums

As part of their financial planning and risk-management practices, business owners should regularly take stock of their insurance to ensure that they have the right types and amounts of coverage. In doing so, business owners…more

Commercial Insurance Policies, Cyber Attacks, Cyber Insurance, Financial Planning, Insurance Industry

See all updates »

Premarital Agreements and the "Voluntary" Signature

Premarital agreements offer persons contemplating marriage the ability to plan for the distribution of their assets and liabilities in the event of separation and/or divorce. While the concept of planning for divorce may seem…more

Divorce, Estate Planning, Marital Assets, Partnership Liabilities, Prenuptial Agreements

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NCAA Name, Image, and Likeness Guidance for Businesses and Boosters

The world of Name, Image, and Likeness (NIL) has exploded onto the scene and taken college athletics by storm.  The impact of NIL on the college sports landscape is a topic of daily discussion throughout sports media. …more

Athletes, College Athletes, Colleges, Endorsements, Intellectual Property Protection

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NC Courts Step Into the Digital Age With E-Filing Rollout: A Look at the Progress

The rollout of a statewide electronic court filing system called Odyssey Integrated Case Management System, or Odyssey ICMS, is officially underway…more

Claim Procedures, E-Filing, Filing Deadlines, Filing Requirements, NC Supreme Court

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The North Carolina Business Court Evolves

Business courts are not so-named because they favor businesses, but because they are specifically designed to improve a state’s business environment by providing a forum to resolve complex disputes in an efficient manner. …more

Business Court Division, Judges, Local Rules

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A Swift Debriefing: Rapid Fire Legal Update

At Ward and Smith's recent In-House Counsel event, four Ward and Smith attorneys shared insights on a variety of legal topics, including updates from the General Assembly, how to navigate insurance policies, a Supreme Court…more

Abortion, Alcohol Beverage Control, Commercial Real Estate Market, Duty to Defend, General Assembly

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Significant Legislative Changes for North Carolinians Injured in Car Accidents

Each state has its own specific set of car insurance laws laying out certain requirements for its residents. In 2023, North Carolina passed notable legislative changes to the State’s car insurance laws, increasing the minimum…more

Accident Scene, Auto Insurance, Bodily Injury, Car Accident, Insurance Claims

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Preliminary Injunctions and Temporary Restraining Orders—What Are They?

A preliminary injunction is a pre-trial court order that stops (or sometimes mandates) action by the opposing party in a lawsuit.  A party may seek a preliminary injunction when they will suffer irreparable harm—that is, he…more

Defense Strategies, Injunctive Relief, Litigation Strategies, Pre-Trial Motions, Preliminary Injunctions

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How Fast Can I Franchise? Hold On a Minute

Are you a small business owner who has considered franchising your business? Franchising can be a great way to expand your company's physical presence, grow your revenue, and increase your brand recognition…more

Brand, Federal Trade Commission (FTC), Franchise Agreements, Franchise Disclosure Document, Franchises

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Decoding the Recent Changes to North Carolina Code and Zoning Regulations

The North Carolina General Assembly made several significant steps during its 2023 legislative session to respond to the construction and development boom throughout the state and the subsequent delays in permitting and…more

General Assembly, North Carolina, Regulatory Agenda, Rulemaking Process, Zoning Laws

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Is Your Estate Plan Past Due for a Check-Up?

Estate planning professionals help clients look ahead and anticipate future contingencies. By necessity, however, estate plans are crafted based on laws and circumstances existing at the time they are put in place. This means…more

Estate Planning, Estate Tax, Income Taxes, Tax Cuts and Jobs Act, Tax Deductions

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Collection Costs of a Non-Discharged Debt Also Are Non-Discharged

Bankruptcy offers debtors an opportunity for a "fresh start," the primary draw for many individuals seeking to unburden themselves of their debt. A bankruptcy discharge relieves a debtor of their legal obligation to repay most…more

Appeals, Attorney's Fees, Bankruptcy Code, Breach of Contract, Debt Collection

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Wire-Fraud, Data Breach, and Phishing: A Live Action Role Play for In House Counsel

At the recent In-House Counsel Seminar, three Ward and Smith attorneys presented a realistic role play response to an incidence of wire fraud, addressing red flags associated with fraudulent communications, corporate incident…more

Breach Notification Rule, Cyber Insurance, Cybersecurity, Data Breach, Documentation

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Off the Bench: Understanding the Name, Image, and Likeness (NIL) Arena

In an exclusive webinar produced by Ward and Smith, two attorneys coached participants through the changing landscape of Name, Image, and Likeness (NIL). In addition to reviewing new guidance recently published by the NCAA, the…more

Contract Terms, Employee Benefits, Enrollment, Executive Compensation, Incentives

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Condominium Governance: Unpacking the Implications of Alexander v. Burkey for Condominium Associations

Last month, the North Carolina Court of Appeals issued its opinion in the case of Alexander v. Burkey, 894 S.E.2d 291 (2023).  The Court of Appeals' opinion upheld the ability of condominium associations to determine in their…more

Appeals, Community Associations, Condominiums, Corporate Governance, Maintenance

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UM/UIM Coverage: What It Is and Why You Need Enough of It

If you are injured in a car crash that isn't your fault, you expect insurance to cover your medical expenses and related costs from the crash. But you might be out of luck if you don't have sufficient UM/UIM…more

Auto Insurance, Bodily Injury, Car Accident, Liability Insurance, Medical Expenses

See all updates »

Summary of the Government's "Elective Option" for Camp Lejeune Water Contamination Claims

On September 6, 2023, the Department of the Navy ("Navy") announced a framework for evaluating and potentially settling a limited number of claims brought under the Camp Lejeune Justice Act.  This framework, referred to as the…more

Contamination, Department of Veterans Affairs, Documentation, Settlement, Toxic Exposure

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The Section 363 Sale Process: Buying Assets from a Bankrupt Company

Businesses struggle and bankruptcies are filed for a number of reasons, regardless of the economic climate. While unfortunate, this provides opportunities for others to purchase assets of distressed companies through the…more

363 Sales, Approval Requirements, Auction, Bankruptcy Court, Commercial Bankruptcy

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Don't Disrespect the Receivership

A recent decision by the North Carolina Business Court highlights the risks of interfering with property that is part of a receivership estate. The North Carolina Commercial Receivership Act celebrated its three-year…more

Bankruptcy Trustees, Commercial Bankruptcy, Creditors, Involuntary Bankruptcy, North Carolina

See all updates »

Decoding the Recent Changes to North Carolina Code and Zoning Regulations

The North Carolina General Assembly made several significant steps during its 2023 legislative session to respond to the construction and development boom throughout the state and the subsequent delays in permitting and…more

General Assembly, North Carolina, Regulatory Agenda, Rulemaking Process, Zoning Laws

See all updates »

Updates to North Carolina's Assumed Business Name Law—Are You Ready?

First, what is an Assumed Business Name? An assumed business name, often referred to as a "fictitious name," "DBA," or "doing business as" name, is a name that a business uses other than its legal name. DBAs differ by entity…more

Business Entities, Doing Business, Fictitious Business Name, General Partnerships, Limited Liability Company (LLC)

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Prescribing Professionalism: Avoiding Romance in the Medical Workplace

In the high-stress, life-or-death environment of the medical profession, Cupid's love arrow can strike about as quickly as an infection. But before letting the heart do the rounds, it's imperative to consider the legal…more

Anti-Harassment Policies, Best Management Practices, Co-Workers, Employer Liability Issues, Employment Policies

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How to Determine Identity of the Declarant in Planned Community

The concept and designation of the "Declarant" arise from the formation of a planned community or a condominium. When the developer declares land to restrictions described in a "Declaration" for a planned community or a…more

Community Associations, Condominium Associations, Corporate Governance, Planned Communities, Real Estate Development

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Riding the Rapids: Staying Afloat in the Legal Waters

Five Ward and Smith attorneys delivered keen guidance on a host of matters pertinent to in-house counsel and company preparation for the imminent economic climate. As part of the firm's 2022 In-House Counsel Seminar, these…more

Corporate Governance, Diversity and Inclusion Standards (D&I), Employer Liability Issues, Employment Policies, Environmental Social & Governance (ESG)

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Raising the Rate: DOL Expands Overtime Protections to Millions of Workers

On April 23, 2024, the U.S. Department of Labor ("DOL") announced a final rule that will increase the Fair Labor Standards Act's ("FLSA") minimum salary threshold for overtime exemptions (the "2024 Rule"). Starting July 1, 2024,…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

See all updates »

The Continued Attack on Non-Competes

Under California law, it has been the longstanding policy that non-compete restrictions are generally void and unenforceable, subject to narrow exceptions.  At the end of 2023, California signed two more bills into laws to…more

California, Employment Contract, Non-Compete Agreements, Restrictive Covenants, State Labor Laws

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So You Want to Start a Business? 10 Legal Steps to Create a Successful Business Entity

Once you have a business idea, creating a business entity may seem daunting from a legal standpoint. However, setting up your business with thoughtful consideration and guidance will pay off over time, as you can structure…more

Articles of Incorporation, Business Entities, Business Formation, C-Corporation, Closely Held Businesses

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The Corporate Transparency Act: Your Questions, Answered

Confused by what you've read about the Corporate Transparency Act? You're not alone. Read on to learn what it is, who it applies to, what it will do, and the requirements for compliance…more

Beneficial Owner, Commodity Exchange Act (CEA), Corporate Transparency Act, FinCEN, Homeowners Association (HOA)

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Protecting Your Family Business for When Marriages End

Love may be eternal, but all relationships on this earth are guaranteed to end at some point. In fact, we know with certainty that every marriage is going to end in one of two ways, either by death or divorce…more

Business Ownership, Divorce, Estate Planning, Executors, Succession Planning

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How to File for Divorce

Marriages may be dissolved by either party when the parties have continuously lived separately and apart for at least one year. However, you are not actually divorced until the District Court enters a Judgment for Absolute…more

Alimony, Child Custody, Child Support, Complaint Procedures, Divorce

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Protecting Your Family Business for When Marriages End

Love may be eternal, but all relationships on this earth are guaranteed to end at some point. In fact, we know with certainty that every marriage is going to end in one of two ways, either by death or divorce…more

Business Ownership, Divorce, Estate Planning, Executors, Succession Planning

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A Summary of Bank-Related Provisions of President Biden's July 9th Executive Order Promoting Competition

On July 9, 2021, President Joseph R. Biden, Jr. signed an executive order "on promoting competition in the American economy" (the "Order").  The White House characterized the Order as an effort to reduce the trend of corporate…more

Bank Holding Company Act, Bank Merger Act, Banking Sector, Biden Administration, Competition

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The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 2

What's in a name?  Beer names can be funny, creative, and whimsical.  But with the growing popularity of craft brewing, it's becoming increasingly difficult to come up with a name that isn't already taken. In Part 1 of…more

Beer, Brand, Breweries, Corporate Branding, Intellectual Property Protection

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How Should Two or More People Own Property? Does It Matter? - February 2024

When two or more people (whether spouses, romantic partners, friends, or business partners) purchase property, they put significant thought into, among other things, the property's value, appearance and condition, and how they…more

Joint Tenancy, Joint Tenancy with Right of Survivorship, Property Improvements, Property Owners, Tenancy by Entirety

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Be Sure to Insure: 10 Types of Business Insurance Coverage to Consider

When it comes to protecting your business, having the right insurance coverage is crucial, but how do you know what types of coverage you need? The first step is understanding some of the key different types of insurance…more

Commercial General Liability Policies, Cyber Insurance, Insurance Industry, Property Insurance, Umbrella Policies

See all updates »

Wire-Fraud, Data Breach, and Phishing: A Live Action Role Play for In House Counsel

At the recent In-House Counsel Seminar, three Ward and Smith attorneys presented a realistic role play response to an incidence of wire fraud, addressing red flags associated with fraudulent communications, corporate incident…more

Breach Notification Rule, Cyber Insurance, Cybersecurity, Data Breach, Documentation

See all updates »

Leaving the Nest: Healthy Community Association Transition

North Carolina Community associations are typically developed by private developers that plan the community, build the infrastructure and improvements, develop the lots, and organize the property owners or community…more

Community Associations, Homeowners Association (HOA), Planned Communities, Property Owners, Real Estate Development

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Navigating the Homefront: A Guide to Handling Violations in Community Associations

...Every member of a community association agrees to abide by the community's governing documents by virtue of taking ownership of their lot or unit. Community associations sometimes get a bad rap for how violations of the…more

Community Associations, Condominiums, Homeowners Association (HOA), Planned Communities

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WOTUS Whiplash 4.3: The Revision to the Revised Definition of "Waters of the United States"

The third major development of 2023 for defining "Waters of the United States" ("WOTUS") has arrived.   First, in early 2023, the United States Environmental Protection Agency ("EPA") and the United States Army Corps of…more

Clean Water Act, Department of Environmental Quality, Environmental Policies, Environmental Protection Agency (EPA), Jurisdiction

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Raising the Rate: DOL Expands Overtime Protections to Millions of Workers

On April 23, 2024, the U.S. Department of Labor ("DOL") announced a final rule that will increase the Fair Labor Standards Act's ("FLSA") minimum salary threshold for overtime exemptions (the "2024 Rule"). Starting July 1, 2024,…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Highly Compensated Employees

See all updates »

March 31 Deadline to Amend 403(b) Retirement Plans Approaches

Employer sponsors of 403(b) retirement plans have until March 31, 2020, to amend their plan documents to comply with Internal Revenue Service (IRS) rules stating what provisions must be contained in those documents. The most…more

403(b) Plans, Benefit Plan Sponsors, IRS, New Guidance, Remedial Actions

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Is Premises Liability the Same as Negligence?

In today's world, we travel all the time. We shop at grocery stores and department stores, we take walks on the sidewalks in our neighborhoods, and we go to large events, such as concerts or weddings, at various venues. But what…more

Bodily Injury, Damages, Dangerous Condition, Dog Attacks, Dram Shop Laws

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Gifts That Keep On Giving

With the summer almost in the rearview, gift-giving may not feel like a top priority.  From a tax planning perspective, however, it might be the perfect season to consider making substantial gifts to benefit your family…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer, Gift Tax

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Don't Disrespect the Receivership

A recent decision by the North Carolina Business Court highlights the risks of interfering with property that is part of a receivership estate. The North Carolina Commercial Receivership Act celebrated its three-year…more

Bankruptcy Trustees, Commercial Bankruptcy, Creditors, Involuntary Bankruptcy, North Carolina

See all updates »

When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community

...Owners of adjoining lots in subdivisions often decide to combine them for a variety of reasons. But, in a planned community governed by an owners' association, the owner may have to obtain consent and the effect the…more

Board of Directors, Community Associations, Condominiums, Corporate Governance, Easements

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New Year, (Potentially) New Rules?

Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law, including federal and state court decisions, regulations, and administrative agency…more

Anti-Harassment Policies, Classification, Department of Labor (DOL), Employment Terms, Enforcement

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Who Will Take Care of My Horse When I Die?

When our horses die before we do, some say we will see them again on the "rainbow bridge."  But what comes of our horses if we die first?  Who will take care of them when we cannot?  Where will they live, and what funds will be…more

Beneficiaries, Estate Planning, Inheritance, Trusts, Wills

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Licensing and Permitting for Solar Panel Projects in North Carolina

Solar panel systems on residential homes have greatly increased in popularity over the last several years with the boom in renewable energy.  This brought questions and a degree of confusion regarding both licensing and…more

Electricity, Energy Projects, Permits, Renewable Energy, Solar Energy

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Federal Dollars are Nice to Get, but Owners, Designers, and Builders Need to Watch Out for Those Strings

North Carolina statutes permit State agencies and local governments (the "government") to use alternatives to traditional bid-build approaches to construction.  Two popular options are construction manager at risk and…more

Bid Proposals, Construction Project, Design-Bid-Build, Design-Build, Federal Contractors

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Trespassers? How to Protect Your Farm Against Unwelcome Strangers

Discovering unauthorized persons on your farm is a growing problem.  Such unauthorized entry could include media news teams filming farm operations, environmental activists seeking to identify violations of various water quality…more

Criminal Penalties, Damages, Enforcement, Farms, Journalists

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Navigating the Latest Employment Law Developments: What Employers Need to Know

Five Ward and Smith attorneys offered timely updates on religious accommodations, professional licensing, pregnancy laws, remote work, and independent contractor rules during the firm’s recent annual Employment Law…more

Employees, Employer Liability Issues, Employment Discrimination, Independent Contractors, Labor Reform

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"You Can't Say That!" Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act

Few governmental agencies can require private employers to permit their employees to say things on the job, in the presence of customers and co-workers, that employers don’t like. But the National Labor Relations Board can…more

Black Lives Matter, Collective Bargaining, NLRA, NLRB

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The Aftermath: Recovering From a Hurricane - Update

Hope for the best and prepare for the worst—that's the best advice to protect yourself from hurricanes.  Despite our best efforts, there's no telling what these storms will bring when they blow through town…more

Documentation, Flood Insurance, Hurricane Season, Insurance Claims, Insurance Industry

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Trespassers? How to Protect Your Farm Against Unwelcome Strangers

Discovering unauthorized persons on your farm is a growing problem.  Such unauthorized entry could include media news teams filming farm operations, environmental activists seeking to identify violations of various water quality…more

Criminal Penalties, Damages, Enforcement, Farms, Journalists

See all updates »

Purchases and Sales of an Incorporated Business: Asset Acquisitions and Stock Sales

There are two primary ways to structure the taxable purchase and sale of an incorporated business.  The parties may engage in an asset acquisition, in which the buyer purchases assets directly from the target corporation…more

Acquisitions, C-Corporation, Double Taxation, Liability, Liquidation

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A Soft Deadline for Hard Cash: American Rescue Plan Funds for North Carolina Municipalities

First, the good news: every municipality in North Carolina is eligible to receive a large cash infusion, up to 75% of its budget, from the American Rescue Plan (ARP). Now, the less than good news: all municipalities, other…more

American Rescue Plan Act of 2021, Coronavirus/COVID-19, Economic Stimulus, Municipalities, Relief Measures

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Courts, Custody, & Choices: How to Address New or Existing Issues

As most people are well aware, the COVID-19 crisis has completely changed how we operate in our daily lives. One place that has felt a tremendous effect as a result of this crisis is our court system. Originally, an Order was…more

Coronavirus/COVID-19, Court Closures, Court Schedules, NC Supreme Court, Videoconference

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Healthy Financial Planning: Factoring in the Rising Costs of Insurance Premiums

As part of their financial planning and risk-management practices, business owners should regularly take stock of their insurance to ensure that they have the right types and amounts of coverage. In doing so, business owners…more

Commercial Insurance Policies, Cyber Attacks, Cyber Insurance, Financial Planning, Insurance Industry

See all updates »

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act…more

Endorsements, False Advertising, Federal Trade Commission (FTC), FTC Act, FTC Endorsement Guidelines

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NC Retail Permits Cancelled – But a Solution Is Available

As many of you know (and, perhaps, some do not) – the North Carolina ABC Commission recently canceled retail permits for businesses that had not yet completed their annual renewal, which was due April 30th…more

Alcohol Beverage Control, State and Local Government, Wine & Alcohol

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The Nursing Board is Investigating Me, What Should I Expect?

The North Carolina Board of Nursing ("NCBON") is empowered by law to regulate the practice of nursing in order to provide safe nursing care to the public.  When the NCBON receives a complaint regarding a nurse's practice or…more

Health Care Providers, Investigations, Nurse Practitioners, Nurses, Nursing Homes

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Valuable Advice for Women in Law

In recent years, efforts to recruit and retain more women in the legal profession have started to slowly move the needle towards a more diverse and inclusive workplace. In fact, there are now more women in law school than…more

Career Development, Diversity, Firm Leadership, Professional Development, Women in the Law

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U.S.-China Trade Deal Shows Potential for Improved U.S. Intellectual Property Rights in China

A result of negotiating techniques from Donald Trump's book "The Art of the Deal" or a result of strategies from the ancient Chinese military strategy treatise "The Art of War"?…more

China, Confidential Business Information (CBI), E-Commerce, Exports, Intellectual Property Protection

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Generative Artificial Intelligence for Legal Departments

In a recent presentation by Ward and Smith attorney Angela Doughty, in-house counsel received an overview of Artificial Intelligence (AI), how it can be used for various legal tasks such as research, discovery, and contract…more

Artificial Intelligence, Automation Systems, Best Practices, Bots, Copyright

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"It Ain't Over 'Til It's Over" - Use Of A Funded Revocable Trust In Estate Planning

Revocable trusts can simplify asset management during life and facilitate and make private asset transfers at death.  You may think that your estate planning work is done when you sign your revocable trust agreement, but, to…more

Asset Protection, Beneficiaries, Estate Planning, Irrevocable Trusts, Revocable Trusts

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Balancing the Public Good against Barriers to Entry in Professional Licensing

For much of the last decade, North Carolina lawmakers have explored the concept of removing barriers to entry in a variety of professions and fields. In fact, the topic has appeared in one form or another in every Regular…more

Licensing Boards, Licensing Rules, Professional Development, Professional License

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Ensuring a Furry Future: Estate Planning for the Pets We Love

Pets are not just animals, they are cherished members of our families, providing unconditional love and companionship. That is why, as responsible pet owners, it is our duty to ensure that our beloved furry friends are cared for…more

Documentation, Estate Planning, Financial Planning, Guardians, Letter of Instructions

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A Primer on Mediation in North Carolina's State and Federal Courts

Litigation is costly, both in time and money.  Making this worse, court dockets often are backlogged, so it can take even longer—sometimes years—to resolve a lawsuit.  To save litigants and courts time and resources, most courts…more

Arbitration, Arbitrators, Confidential Information, Dispute Resolution, Litigation Strategies

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"Reading the Riot Act"—Why Notice and Opportunity to Cure Matter

Those of us of a certain age recall the phrase "reading the Riot Act" as a stern warning or dressing down. Someone chewed out by a parent or a boss at work would be said to have been "read the Riot Act." The history and…more

Breach of Contract, Construction Contracts, Contract Disputes, Contract Terms, Performance Standards

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ARC Approval – Gotta Have It

Ward and Smith's Community Associations attorneys have successfully defended a Wilmington area Community Association in the North Carolina Court of Appeals. On April 21, 2020, the North Carolina Court of Appeals issued its…more

Attorney's Fees, Community Associations, Governance Standards, Permanent Injunctions, Reduction of Damages

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Estate Planning With Limited Liability Companies: Transfers of Business Interests as a Planning Opportunity

Limited liability companies ("LLCs") are used regularly in estate planning to achieve estate tax savings and to consolidate asset management.  The first of these objectives can be realized when a business entity is utilized…more

Asset Management, Beneficiaries, Estate Planning, Estate Tax, Tax Planning

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Examining Changes to North Carolina's Law Governing Recovery of Attorneys' Fees in Construction Lien and Payment Bond Disputes

Legal disputes arising from construction projects commonly involve lien claims (in the case of private construction projects) or payment bond claims (in the case of public construction projects) asserted by a general contractor…more

Arbitration, Attorney's Fees, Construction Industry, Construction Liens, Fees

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FTC Charges Forward with Sweeping Non-Compete Ban

On April 23, 2024, the Federal Trade Commission ("FTC") narrowly voted (3-2) to issue a final rule banning almost all non-compete agreements nationwide.  The rule is set to take effect 120 days after it is published in the…more

Department of Labor (DOL), Employment Contract, Federal Bans, Federal Trade Commission (FTC), Final Rules

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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