Ward and Smith, P.A.

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1001 College Court
New Bern, North Carolina 28562, United States
Phone: 252.672.5400
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
50-100 Attorneys

An Overview of North Carolina Premises Liability Law

Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based on…more
 /  Personal Injury, Real Estate - Commercial, Real Estate - Residential

Federal Tax Liens In Foreclosure Proceedings

Henkel v. Triangle Homes is a North Carolina Court of Appeals case with dueling tax foreclosure proceedings involving the same property. One foreclosure proceeding was for unpaid municipal taxes and the other for unpaid federal…more
 /  Civil Procedure, Finance & Banking, Real Estate - Residential, Taxation

Intangible Risky Business

The national, and many times global, reach of most businesses, regardless of size and physical location, continues to drive the ever increasing importance and value of intangible assets. In fact, a business's intellectual…more
 /  Commercial Law & Contracts, Intellectual Property

DOJ Turns Up the Heat on Asset Forfeitures

Last week, Attorney General Jeff Sessions announced that the United States Department of Department ("DOJ") is returning to its past practice of aggressively pursuing asset forfeiture cases and sharing the proceeds of those…more
 /  Criminal Law

Taking Advantage of the Global Supply Chain for Patent Examination

Innovation and Traditional Patent Process - When you develop an innovation, its potential patentability is typically unknown, thus making it difficult to determine whether it is worth the significant expense involved if you…more
 /  Administrative Law, Intellectual Property, International Law & Trade

More on King v. Bryant and Health Care Arbitration Agreements

As discussed in an earlier article, the North Carolina Supreme Court recently held, in King v. Bryant, that physicians have a fiduciary relationship with their patients due to the special relationship of trust and confidence…more
 /  Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Consumer Protection, Health, Professional Malpractice

The Long Goodbye: General Assembly's 2017 Long Session Ends, But Additional Fall Sessions Remain

In the early morning hours of June 30th, the North Carolina General Assembly adjourned its 2017 Long Session after a lengthy night of debate, negotiation, and casting votes. This year's adjournment date marks the second earliest…more
 /  Elections & Politics

Protecting Your Manufacturing Innovations from Foreign Competition

Commercial necessity often dictates that even though an innovation in the manufacturing process for a product occurs in the United States, the product may actually be made overseas and then sent to the United States for sale…more
 /  Commercial Law & Contracts, Intellectual Property, International Law & Trade

The United States Patent Office Totally Rejected Your Claims? Don't Panic!

In my almost 17 years of practice before the United States Patent and Trademark Office ("PTO"), by far the most common telephone call I receive from inventors is a frantic inquiry about an Office Action received from the PTO…more
 /  Administrative Law, Intellectual Property

Senate Bill 155: The Brunch Bill - Expanded Version

A few months ago, we provided a summary of North Carolina House Bill 500 and how it would have clarified many ambiguities under our state's existing alcoholic beverage laws and benefitted the brewing industry. Unfortunately, the…more
 /  Commercial Law & Contracts, Elections & Politics

Types of Insurance That May Apply if You Are Injured in a Car Accident in North Carolina

In 2015, there were over 250,000 reported car accidents in North Carolina. And, unfortunately, statistics suggest that nearly every driver will be involved in at least one car accident in their lifetime. Given these numbers, you…more
 /  Commercial Law & Contracts, Insurance, Personal Injury

Where Can Your Company Be Sued? The Basics of Personal Jurisdiction

On May 30, 2017, the United States Supreme Court issued an opinion in the case of BNSF Railway Co. v. Tyrrell. Among other things, the case analyzed and reaffirmed the grounds for a company to be sued other than in its home…more
 /  Business Organizations, Civil Procedure, Constitutional Law

Personal Injury Claims in North Carolina

It's an unfortunate fact, but every day individuals are injured across our state in all sorts of different ways. When an accident happens, victims or their families often wonder what their rights are: Is someone legally liable?…more
 /  Civil Remedies, Personal Injury

North Carolina Supreme Court Holds That Liberal Standard of Notice Pleading Applies to Judicial Foreclosure Actions

In an important decision for creditors, the North Carolina Supreme Court recently clarified the distinction between judicial foreclosure and non-judicial foreclosure by power of sale. In U.S. Bank v. Pinkney, the Supreme Court…more
 /  Civil Procedure, Finance & Banking, Real Estate - Residential

"Waters of the United States"— Will Rewrite of the Clean Water Rule Bring Elusive Clarity and Predictability?

Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule ("Rule") nationwide, President Donald J. Trump signed an Executive Order directing…more
 /  Administrative Law, Elections & Politics, Environmental Law, Zoning, Planning & Land Use
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