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

Succession Planning—Bet the Farm on It

Despite recent trends toward consolidation in the agricultural industry, farming generally remains a family affair. According to the United States Department of Agriculture, 97 percent of all farms in the United States are…more
 /  Agriculture, Business Organizations, Finance & Banking, Taxation, Wills, Trusts, & Estate Planning

North Carolina Supreme Court Adopts "Substantial Competent Evidence" Requirement for Borrowers Asserting "True Value" Defense in Foreclosure Deficiency Actions

On Friday, May 5, 2017, in a major victory for lenders, the North Carolina Supreme Court reversed the North Carolina Court of Appeals’s decision in United Community Bank v. Wolfe. In July 2015, the Court of Appeals decided in…more
 /  Civil Procedure, Civil Remedies, Finance & Banking, Real Estate - Commercial

We Need a License To . . . Be a Charity?

Wait a minute! Haven't we done everything we're supposed to do? We've clearly defined our charitable mission. We formed our non-profit corporation. We got our 501(c)(3) determination letter from the Internal Revenue Service…more
 /  Business Organizations, Nonprofit Law, Taxation

Supreme Court Announces Broad Separability Test in Applying Copyright Law to Useful Articles

This article continues the discussion in an earlier article addressing the scope of copyright protection as it applies to useful goods under copyright law. At the time the first article was written, Varsity Brands, Inc. v. Star…more
 /  Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

QDOT-ting I's and Crossing T's: Estate Tax Planning for Non-United States Citizen Spouses

Individual and corporate citizens from countries around the world have moved to North Carolina and contributed materially to our state's economic, educational, and cultural growth. Foreign direct investment ("FDI") in North…more
 /  Family Law, International Law & Trade, Taxation, Wills, Trusts, & Estate Planning

Hops on the 'Bus: ABC Omnibus Legislation (HB 500)

House Bill 500 ("HB500"), pending in the North Carolina General Assembly, is a new bill of particular interest to the booming brewing industry in North Carolina. Scheduled for its first vote in the Committee on Alcoholic…more
 /  Commercial Law & Contracts, Elections & Politics

Here Today, Gone Tomorrow: the Allures and Legal Considerations of Pop-Up Shops

For years now, a new type of retail merchant has been "popping up" everywhere. Short-term, temporary retail events, or "pop-ups," serve as a marketing strategy for retailers and entrepreneurs looking to extend their brand into…more
 /  Commercial Law & Contracts, Communications & Media Law, Real Estate - Commercial

Supreme Court Absolutely Affirms the Absolute Priority Rule

The United States Supreme Court recently decided a case that impacts lenders and other creditors in Chapter 11 bankruptcy proceedings. The Supreme Court held that a bankruptcy court may not approve a “structured dismissal” of a…more
 /  Bankruptcy, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

2016 Guidance from the North Carolina Court of Appeals on Attorney-Client Privilege Issues

In civil litigation, parties frequently communicate with consultants, tax advisors, friends, family, and others concerning the subject matter of the litigation, and such communications raise issues regarding the possible waiver…more
 /  Civil Procedure, Commercial Law & Contracts, Family Law, Finance & Banking, Insurance

House Bill 89: Does It Grant or Just Tweak The Power to Abolish a Public Housing Authority?

Since 1969, Chapter 157 of the North Carolina General Statutes (the "Housing Authority Law") has allowed municipalities and counties to create and abolish Public Housing Authorities. Over the years, the General Assembly has…more
 /  Administrative Law, Elections & Politics, Real Estate - Residential, Zoning, Planning & Land Use

"Roll Out the Barrels" and the "Brunch Bill": Proposed North Carolina Legislation of Interest to the Alcohol Industry and Consumers

There are two bills pending in the North Carolina General Assembly this legislative session that may impact North Carolina breweries, distilleries, retailers, and consumers..…more
 /  Commercial Law & Contracts, Elections & Politics

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
 /  Commercial Law & Contracts, Real Estate - Commercial

No Ifs, Ands, or Butts: Regulating Smoking Within Community Associations

The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens of states and hundreds of cities and counties have enacted laws making designated public places "smoke-free." For its part, the North…more
 /  Elections & Politics, Real Estate - Residential, Zoning, Planning & Land Use

How to Survive a North Carolina Department of Labor OSH Investigation

Your business may be subject to an investigation by the North Carolina Department of Labor, Occupational Safety and Health Division ("OSH") at any time. Investigations may occur because of an on-the-job accident or a fatality…more
 /  Labor & Employment Law

On Your Mark—"TM" or "®"? Trademark Notice Guidelines

When starting a new business or developing a new brand, business owners tend to have common trademark-related questions: Do I need a trademark registration? What rights will a registration provide? What are the associated…more
 /  Business Organizations, Commercial Law & Contracts, Communications & Media Law, Intellectual Property, International Law & Trade
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