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

After a Loved One Passes: Six Important Steps to Know

The days, weeks, and months after the death of a loved one can be emotional and stressful, especially if you are named the executor of your deceased family member or friend’s estate. …more
 /  Wills, Trusts, & Estate Planning

The Truth Why You Need A Will

It’s the holiday season…one of the busiest times of the year. So, it’s a pretty safe bet that folks are not spending time right now thinking about what would happen to their financial assets and material possessions after death…more
 /  Wills, Trusts, & Estate Planning

District Court Clarifies FDCPA Bar Date In Letter Cases

When does the statute of limitations begin to run for a letter that runs afoul of the FDCPA? That is the issue which was presented in a recent case before the Eastern District of New York. In Gil v. Allied Interstate, LLC,…more
 /  Civil Procedure, Consumer Protection, Finance & Banking

A Last Will And Testament Can Always Be Changed (Before Death)

It is a fundamental principle of law that a Last Will and Testament duly signed and witnessed is binding on no one until the person who signed the Will dies. That is to say that a person who signs a Will in say January of 2010…more
 /  Civil Procedure, Wills, Trusts, & Estate Planning

The Leaves Are Falling: Differing Interpretations Of Leave As ADA Accommodation

The United States Equal Employment Opportunity Commission (EEOC) has consistently maintained that leaves of absence should be considered as a form of reasonable accommodation under the Americans with Disabilities Act (ADA)…more
 /  Civil Rights, Labor & Employment Law

Halloween Ushers In Potential Resurrection Of Proposed Overtime Rule

You thought it was dead – but the United States Department of Labor (DOL) announced on October 30 that it plans to appeal a Texas district court’s August ruling which invalidated the Obama administration’s overtime rule. The…more
 /  Civil Procedure, Labor & Employment Law

Congress Votes To Repeal CFPB’s Arbitration Rule

The Senate voted on Tuesday, October 24, to repeal the CFPB’s Arbitration Rule first proposed in May of 2016 and issued in its final form in July. The rule would have imposed limitations on the use of pre-dispute arbitration…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Consumer Protection, Elections & Politics, Finance & Banking

CFPB Issues “Principles” For The Protection Of Consumer Authorized Data Sharing And Aggregation

With the growth of technology and the development of the fintech market, an unprecedented amount of consumer financial data has become available. While protections through the FTC Safeguard Rule and EFTA provide certain…more
 /  Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

Debtor’s Actions Immediately After Default Doom Time Barred ECOA Claim

An unpublished opinion from the Sixth Circuit provides a useful application of the statute of limitations to bar a debtor’s claims under the Equal Credit Opportunity Act, 15 U.S.C. § 1691e (“ECOA”). In Guy v. Mercantile Bank…more
 /  Civil Procedure, Civil Rights, Consumer Protection, Finance & Banking, Real Estate - Commercial

Eleventh Circuit Continues To Explore Definition Of Debt Collector

An unpublished opinion from the Eleventh Circuit continues its analysis of the definition of a debt collector and continues to narrow the applicability of the FDCPA. As many may recall, the Eleventh Circuit’s opinion in…more
 /  Civil Procedure, Consumer Protection, Finance & Banking

District Court Provides Successful Road Map for Bona Fide Error Defense

The FDCPA, through section 1692d(6), prohibits a debt collector from placing telephone calls to a debtor “without meaningful disclosure of the caller’s identity.” 15 U.S.C. § 1692d(6). The FDCPA also includes a “bona fide…more
 /  Civil Procedure, Consumer Protection, Finance & Banking

Seventh Circuit Holds Voice Mail Message Is A Communication

The Seventh Circuit has held that a voice mail message left for a consumer is a “communication” under the FDCPA. In Hart v. Credit Control, LLC, 2017 U.S. App. LEXIS 18375 (11th Cir. Sept, 22, 2017), the debt collector left a…more
 /  Civil Procedure, Communications & Media Law, Finance & Banking

North Carolina Doubles Down on Enforcing Employee Misclassification

On August 11, 2017, Governor Roy Cooper signed into law the Employee Fair Classification Act. While the Act does not change the definition of what constitutes an “employee” under existing North Carolina law, the Act does…more
 /  Elections & Politics, Labor & Employment Law

Employers Beware! North Carolina Business Court Establishes New Standard for Consideration for Restrictive Covenants

Restrictive covenants are valuable tools employers can use to protect their proprietary interests. Covenants not to compete and covenants not to solicit an employer’s clients or employees are the most common forms of restrictive…more
 /  Commercial Law & Contracts, Labor & Employment Law

After a House Fire: Restoring your Home Without Losing Your Mind.

June 25, 2015: Lighting struck the roof of our home. The firefighters arrived seven minutes after the 911 call. After 30 minutes, the fire was out, and we were soaked and without a home. Thirteen months later, we’re back in our…more
 /  Construction Law, Real Estate - Residential
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