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

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

So Your Business Received a Demand Letter, Now What?

If your business has received a demand letter, I have some good news for you: Your business has not been sued (yet). However, a lawsuit could be in your business's near future…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts

Timing is Everything: IRS Raises the Stakes for Employers Who Delay FICA Taxation of Deferred Compensation

Employers, both for-profit and tax-exempt organizations, often overlook the complex FICA tax rules applicable to deferred compensation. Unfortunately, this oversight now can be a real problem for the employer. When an employer…more
 /  Labor & Employment Law, Taxation

What NC Community Associations Need to Know about Fair Debt Collection

Nearly all Community Associations ("Associations") must cope with owners who fail or refuse to pay their periodic assessments (also known as "Dues"). When this happens, the Association, typically acting through its property…more
 /  Business Torts, Consumer Protection, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

Conservation Easement Opportunities: Protecting Natural Resources While Receiving Tax Savings

Conservation easements may be a great example of "doing well by doing good." They help conserve fish and wildlife, clean water, natural habitats, historic properties, farmland, and timberland. They also provide other public…more
 /  Environmental Law, Real Estate - Commercial, Real Estate - Residential, Taxation, Zoning, Planning & Land Use

What Rights Will I Lose if I Pitch My Invention to Investors Before I File a Patent Application?

Did you know that the individual often credited with popularizing karaoke did not reap the financial rewards of his invention to the extent possible? It's true—Japanese musician Daisuke Inoue invented karaoke in Kobe, Japan in…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

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
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