Author Info for Ward and Smith, P.A.

B.T. Atkinson

Companies Seeking Capital—Be Wary of "Consultants" Who Want to Help

A significant part of our corporate practice is advising clients who want to raise capital. For larger, institutional clients who attract the attention of reputable investment bankers, the process is straightforward…more

Capital Raising, Early Stage Companies, Entrepreneurs, Securities, Securities Act of 1933

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Joanne Badr

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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Adam Beaudoin

Corporate Transparency Act Shakeup: Domestic Companies off the Hook, Foreign Entities Still Reporting

This interim final rule, released on March 21, 2025, means that only foreign entities registered to do business in the United States will still need to meet the CTA’s reporting requirements. Originally enacted to increase…more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Final Rules, FinCEN

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Jennifer Boyer

Death and Taxes for North Carolina Business Owners

Changing tax laws, political uncertainty, and the whole family at Thanksgiving can take us on a roller coaster ride of ups and downs. But savvy business owners (and their estate planning counsel) know that – in the end –…more

Business Ownership, Estate Planning, Estate-Tax Exemption, Grantor Retained Annuity Trusts (GRATs), Interest Rates

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W. Ellis Boyle

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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E. Bradley Evans

Litigating Trade Secret Cases: A Strategic Guide for In-House Counsel

Ed. Note: This is the third in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025…more

Defend Trade Secrets Act (DTSA), Discovery, Expert Testimony, Injunctive Relief, Intellectual Property Litigation

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Chrystal Bradshaw

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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J. Drake Brinkley

Commercial Real Estate Sellers: Hire Your Own Attorney!

Does a seller of commercial real estate really need an attorney? I get asked this question often, and the resounding answer is "yes!" Often, sellers of commercial real estate assume they can rely on the buyer's attorney or…more

Closing Agents, Commercial Real Estate Market, Liability, Listing Standards, Purchase Agreement

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Jenna Fruechtenicht Butler

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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Whitney Campbell Christensen

Split Tickets and Some More of the Same: A 2024 North Carolina Election Recap

Across the country on Tuesday, November 5, Americans cast their ballots in one of the most closely contested elections in recent history. In the Old North State, voters came out in droves beginning with the early voting period,…more

General Elections, North Carolina, State and Local Government, State Elections

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Virginia Carter

Easing the Burden: The Gift of Planning for Incapacity

Normal aging can be challenging, but caring for an aging family member with dementia is particularly difficult. Over the years, we have often seen caregivers suffer from exhaustion, compromising their mental and physical…more

Durable Power of Attorney, Estate Planning, Health Insurance Portability and Accountability Act (HIPAA), Power of Attorney

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Mary Cavanagh

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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Isabelle Chammas

Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various…more

Attorney-Client Privilege, Business Litigation, False Advertising, Patent Infringement, Press Releases

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J. Albert Clyburn

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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Clint Cogburn

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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Payton Collier

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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Hunter Cornelius

Red Rover, Red Rover, Come on Over? Understanding Pet Policies in Community Associations

In general, as long as such restrictions are drafted clearly, the North Carolina Courts will uphold their enforcement; however, there are several factors community associations should consider when establishing and enforcing pet…more

Community Associations, Disability Discrimination, Emotional Support Animals, Fair Housing Act (FHA), Homeowners Association (HOA)

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Edward Coyne, III

Litigating Trade Secret Cases: A Strategic Guide for In-House Counsel

Ed. Note: This is the third in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025…more

Defend Trade Secrets Act (DTSA), Discovery, Expert Testimony, Injunctive Relief, Intellectual Property Litigation

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Richard Crow

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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Hannah Daigle

Privacy and Data Security in Community Associations: Navigating Risks and Compliance

For community associations, this is especially important as these organizations often manage large amounts of PII of homeowners and residents (e.g., name, address, phone number, etc.), including certain categories of sensitive…more

Compliance, Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach

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Alexander Dale

Understanding Trade Secret Misappropriation: A Guide for In-House Counsel

This is the second in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025…more

Business Litigation, Confidential Information, Criminal Prosecution, Defend Trade Secrets Act (DTSA), Evidence

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Arthur DeBaugh

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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Trafton Dinwiddie

Split Tickets and Some More of the Same: A 2024 North Carolina Election Recap

Across the country on Tuesday, November 5, Americans cast their ballots in one of the most closely contested elections in recent history. In the Old North State, voters came out in droves beginning with the early voting period,…more

General Elections, North Carolina, State and Local Government, State Elections

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Eldridge Dodson

Weathering the Storm: How to Get Your Affairs in Order

In the aftermath of Hurricane Florence in 2018, I wrote this article to help individuals and families navigate the legal and financial issues that often follow a devastating storm. I remember the incredible outpouring of support…more

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

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Jameson A. Doub

Entitled to Stay Relief? Prove it.

For example, you make a commercial real estate loan and record your deed of trust. The borrower pays you for a time but then defaults. You tried loan forbearance and modification, but it was unsuccessful. The borrower falls…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors, Debt Collection

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Angela Doughty, CIPP/US

Data Privacy Insights Part 2: The Most Common Types of Data Breaches Businesses Face

As part of Data Privacy Awareness Week, Ward and Smith is spotlighting the most common types of data breaches that businesses encounter. In Part 1, we explored the industries most vulnerable to cyberattacks, highlighting the…more

Cybersecurity, Data Breach, Data Privacy, Data Protection, Employee Training

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William Durr

The Dollars and Cents of Separation and Divorce: Understanding Post-Separation Support and Alimony in North Carolina

Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what these terms mean and your general eligibility for spousal support. There are two types of spousal support…more

Alimony, Divorce, Equitable Distribution, Family Law Courts, Marital Assets

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Chris Edwards

Preserve or Perish: The North Carolina Supreme Court Reinforces Rule 50 Specificity in Vanguard Pai Lung v. Moody

While this requirement is not new, the Court’s decision formally adopts a line of Court of Appeals precedent that enforces this rule with precision, particularly in complex cases involving multiple claims or defenses. The…more

Appellate Courts, Business Litigation, Conversion, Fraud, Judgment Notwithstanding the Verdict (JNOV)

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A. Charles Ellis

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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Lynwood Evans

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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Paul Fanning

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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Lilian Faulconer

Charging Order Limitations – You Can't Charge What They Don't Own

In North Carolina, a creditor who obtains a judgment against an individual with an ownership interest in a limited liability company or limited liability partnership may enforce its unsatisfied judgment by petitioning the court…more

Charging Orders, Creditors, Limited Liability Company (LLC), North Carolina

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Alexandra Ferri

Restoring Western North Carolina’s Infrastructure: NCDOT Receives $250 Million in Federal Emergency Relief Funds

Of this funding, the North Carolina Department of Transportation (NCDOT) will receive $250 million to repair damaged roadways and bridges, including Interstate 40. Another $32.6 million will be split between the U.S. Forest…more

Compliance, Construction Industry, Department of Transportation (DOT), Disaster Aid, Federal Acquisition Regulations (FAR)

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J. Michael Fields

FAQ: What Medical Practices Need to Know Regarding Communicating with Patients via Telephone and Text

Every day, physicians, medical practice managers, and administrative professionals call their trusted attorneys with a "quick question" about the legality of a new approach to ensure patients come to their appointments on time…more

Electronic Protected Health Information (ePHI), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), HIPAA Privacy Rule, Telecommunications

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Amy Fitzhugh

The North Carolina Board of CPA Examiners: A Licensed Professional User's Guide

As the governing body for Certified Public Accountants ("CPAs"), the Board upholds rigorous standards of practice, oversees the licensing process, and enforces compliance with ethical rules and regulations. For both aspiring…more

Board Members, Compliance, CPAs, Enforcement, Ethics

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Samuel Franck

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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Michelle Gonzalez

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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S. McKinley Gray, III

The Five Foundations of Artificial Intelligence for In-House Counsel, Part 1

During their annual In-House Counsel Seminar, Ward and Smith Certified AI Governance Professional and privacy and data security attorney Angela Doughty provided a comprehensive overview of the potential impacts of the use of…more

Artificial Intelligence, Bias, Copyright, Corporate Counsel, Data Privacy

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Justin Hill

The DEI Stalemate: Paying the Price for the Wrong Move - Part 2

Part 2 of The DEI Stalemate builds on the lessons learned in the first session, focusing on practical strategies for implementing successful DEI initiatives without legal missteps. Attorneys X. Lightfoot, Avery Locklear, and Ken…more

Anti-Discrimination Policies, Bias, Corporate Governance, Discrimination, Diversity

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Lee Hodge

Breaking Up is Hard to Do: Practical Advice for Exiting an LLC

Cutting ties with business partners is a delicate and often complex process. Whether driven by irreconcilable differences, strategic shifts, or personal reasons, disengaging from business partners requires careful consideration…more

Business Partners, Buyouts, Documentation, Limited Liability Company (LLC), Negotiations

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Matthew Jones

Corporate Transparency Act Shakeup: Domestic Companies off the Hook, Foreign Entities Still Reporting

This interim final rule, released on March 21, 2025, means that only foreign entities registered to do business in the United States will still need to meet the CTA’s reporting requirements. Originally enacted to increase…more

Beneficial Owner, Corporate Transparency Act, Filing Deadlines, Final Rules, FinCEN

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Merrill Jones, II

The North Carolina Board of CPA Examiners: A Licensed Professional User's Guide

As the governing body for Certified Public Accountants ("CPAs"), the Board upholds rigorous standards of practice, oversees the licensing process, and enforces compliance with ethical rules and regulations. For both aspiring…more

Board Members, Compliance, CPAs, Enforcement, Ethics

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Melody King

The Dollars and Cents of Separation and Divorce: Understanding Post-Separation Support and Alimony in North Carolina

Before we dive into ways to prepare for your post-separation support and alimony case, it's important to understand what these terms mean and your general eligibility for spousal support. There are two types of spousal support…more

Alimony, Divorce, Equitable Distribution, Family Law Courts, Marital Assets

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Zachary Lamb

Securing Your Legacy: How Marital Estate Rights and Divorce Impact Your Estate Plan

Marital estate rights create the potential for catastrophic consequences should a spouse pass away at a time when the parties are physically separated but have not yet signed a separation agreement or been granted a divorce…more

Beneficiary Designations, Divorce, Estate Planning, Intestate Succession, Life Insurance

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William Lathan Jr.

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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Norman Leonard

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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Justin Lewis

Who Is Responsible for That Fallen Tree?

In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners' association. Although it is not the association's job to play arbiter if a dispute arises between lot owners,…more

Homeowners Association (HOA), Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters

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Olivia Lewis

Breaking Up is Hard to Do: Practical Advice for Exiting an LLC

Cutting ties with business partners is a delicate and often complex process. Whether driven by irreconcilable differences, strategic shifts, or personal reasons, disengaging from business partners requires careful consideration…more

Business Partners, Buyouts, Documentation, Limited Liability Company (LLC), Negotiations

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X. Lightfoot

Upping the Ante: New Rules and Regulations in Play for In-House Counsel

Four Ward and Smith team members delivered concise, actionable insights on projected governmental and policy changes resulting from the recent elections, the Corporate Transparency Act, the implications of the Chevron decision,…more

Biden Administration, Chevron Deference, Corporate Transparency Act, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC)

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Dana Lingenfelser

Leaving the Nest: Healthy Community Association Transition

In North Carolina, private developers establish community associations by planning, building infrastructure, developing lots, and organizing property owners or associations. Initially, developers have substantial control over…more

Homeowners Association (HOA), Housing Developers, Infrastructure, Property Owners

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Madeline Lipe

Community Associations Legislative Update: 2023 - 2024 Legislative Session

Several bills introduced during this session had the potential to significantly impact the community association housing model. Throughout the session, the Community Associations Institute (CAI) North Carolina Legislative Action…more

Community Associations, Data Collection, Department of Justice (DOJ), Foreclosure, General Assembly

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Avery Locklear

Upping the Ante: New Rules and Regulations in Play for In-House Counsel

Four Ward and Smith team members delivered concise, actionable insights on projected governmental and policy changes resulting from the recent elections, the Corporate Transparency Act, the implications of the Chevron decision,…more

Biden Administration, Chevron Deference, Corporate Transparency Act, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC)

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Steven Long

Tax Treatment of the Sale of Social Club Assets Upon Liquidation

Since 1916, Congress has exempted from income taxation clubs formed to facilitate social interaction between its members. As a result, country clubs, hunting and fishing clubs, college sororities and fraternities, and tennis,…more

Internal Revenue Code (IRC), Investment, IRS, Liquidation, Profits

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Taylor Rodney Marks

What Are My Benefits? Decoding a Long-Term Disability Insurance Policy in North Carolina

To be insured against a loss or some other event, we pay premiums to an insurance company. If a loss or triggering event actually occurs, we expect our insurance company to compensate us according to our insurance policy…more

Compensation, Disability Benefits, Documentation, Long Term Disability Insurance

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Zach Marks

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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Lance Martin

Entitled to Stay Relief? Prove it.

For example, you make a commercial real estate loan and record your deed of trust. The borrower pays you for a time but then defaults. You tried loan forbearance and modification, but it was unsuccessful. The borrower falls…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors, Debt Collection

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W. Daniel Martin, III

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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Emily Massey

The DEI Stalemate: Paying the Price for the Wrong Move - Part 2

Part 2 of The DEI Stalemate builds on the lessons learned in the first session, focusing on practical strategies for implementing successful DEI initiatives without legal missteps. Attorneys X. Lightfoot, Avery Locklear, and Ken…more

Anti-Discrimination Policies, Bias, Corporate Governance, Discrimination, Diversity

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Kristin Mitcham

Understanding Liability Waivers for Equine Activities in North Carolina

In North Carolina, as in many states, liability waivers are often used to protect equine activity sponsors, such as individuals, groups, clubs, partnerships, or corporations from legal claims arising from injuries sustained…more

Bodily Injury, Breach of Contract, Contract Terms, Employer Liability Issues, Liability

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Evan Musselwhite

Restoring Western North Carolina’s Infrastructure: NCDOT Receives $250 Million in Federal Emergency Relief Funds

Of this funding, the North Carolina Department of Transportation (NCDOT) will receive $250 million to repair damaged roadways and bridges, including Interstate 40. Another $32.6 million will be split between the U.S. Forest…more

Compliance, Construction Industry, Department of Transportation (DOT), Disaster Aid, Federal Acquisition Regulations (FAR)

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James Norment

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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Jane Francis Nowell

Cheers to this! Good News for the North Carolina Alcoholic Beverage Industry

Senate Bill 527: ABC Omnibus has been adopted by the North Carolina General Assembly and is heading to Governor Cooper for signature. This legislation, if signed as expected, will bring significant reforms to the state's…more

Alcohol Beverage Control, Liquor Licences, Proposed Legislation

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William Oden, III

Fiery Debates: Current Challenges in the Modern Workplace

Budgets and Elections - The state budget for Fiscal Year 2025-26 is likely to be another record-breaker, advised Whitney Campbell Christensen, a government relations attorney who served as president of the North Carolina…more

Department of Labor (DOL), Diversity and Inclusion Standards (D&I), Dress Codes, Employees, Employment Policies

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Grant Osborne

"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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Michael Parrish

What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies

Congress created the National Flood Insurance Program (the "NFIP") to help make flood insurance more affordable in areas prone to flood damage. FEMA oversees the program and writes the terms of the Standard Flood Insurance…more

Denial of Insurance Coverage, FEMA, Flood Insurance, Flooding, Insurance Industry

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Clifford Parson

Owning Real Property Near Military Bases: Considerations for Buying, Selling, and Developing Land in an AICUZ

You have found the perfect spot for a new neighborhood, office complex, or retail center—only to discover it's within an Air Installations Compatible Use Zone (AICUZ). Suddenly, noise levels, building heights, and safety…more

Commercial Property Owners, Compliance, Land Developers, Land Owners, Local Ordinance

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Gavin Parsons

Litigating Trade Secret Cases: A Strategic Guide for In-House Counsel

Ed. Note: This is the third in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025…more

Defend Trade Secrets Act (DTSA), Discovery, Expert Testimony, Injunctive Relief, Intellectual Property Litigation

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John Perry

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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Marley Peterson

Split Tickets and Some More of the Same: A 2024 North Carolina Election Recap

Across the country on Tuesday, November 5, Americans cast their ballots in one of the most closely contested elections in recent history. In the Old North State, voters came out in droves beginning with the early voting period,…more

General Elections, North Carolina, State and Local Government, State Elections

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E. Knox Proctor V

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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Lauren Taylor Arnette Quinn

And A Partridge In A Pear Tree: Navigating the Holidays As A Blended Family

The holidays are a time of joy, celebration, and togetherness. However, for blended families, they can also bring unique challenges. With multiple households, extended families, and various traditions to consider, managing…more

Child Care, Child Custody, Co-Parenting, Divorce, Joint Custody

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Eric Remington

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

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Erica Rogers

2025 USPTO Fee Changes Disproportionately Impact Hemp Businesses

The new fee structure is presented as a neutral pricing adjustment to replace the current TEAS Plus and TEAS Standard application filing options with a single base application option that changes based on the "complexity and…more

Cannabis Products, Controlled Substances, Filing Fees, Hemp, Marijuana Related Businesses

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Tyler Russell

Attention North Carolina Retailers: Time to Renew Your ABC Permits!

If your business sells alcohol in North Carolina, now is the time to renew or register your Alcoholic Beverage Control (ABC) retail permit. Failure to complete this process on time could result in penalties, increased costs, or…more

Alcohol Beverage Control, Business Licenses, Compliance, Filing Deadlines, Late Fees

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Joseph Schouten

Trade Secret Protection in 2025: What In-House Counsel Need to Know

Recent developments in workplace dynamics, regulatory changes, and several high-profile cases have highlighted the growing importance of understanding and protecting your company's trade secrets. For in-house counsel, staying…more

Confidential Information, Corporate Counsel, Data Security, Defend Trade Secrets Act (DTSA), Intellectual Property Litigation

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Melissa Forshey Schwind

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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Ryan Simmons

Trade Secret Protection in 2025: What In-House Counsel Need to Know

Recent developments in workplace dynamics, regulatory changes, and several high-profile cases have highlighted the growing importance of understanding and protecting your company's trade secrets. For in-house counsel, staying…more

Confidential Information, Corporate Counsel, Data Security, Defend Trade Secrets Act (DTSA), Intellectual Property Litigation

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Mayukh Sircar

Privacy and Data Security in Community Associations: Navigating Risks and Compliance

For community associations, this is especially important as these organizations often manage large amounts of PII of homeowners and residents (e.g., name, address, phone number, etc.), including certain categories of sensitive…more

Compliance, Cyber Attacks, Cyber Insurance, Cybersecurity, Data Breach

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John Sloan

"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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J. Troy Smith Jr.

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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Sydney Smith

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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Jordan Spanner

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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Jeffery Stoddard

Risk Reduction Strategies for Construction Contractors in North Carolina

Today's construction environment demands a lot from contractors who are pulled in multiple directions and whose responsibilities may seem limitless. Beyond performing good work, managing and effectively communicating…more

Building Codes, Change Orders, Construction Industry, Contract Disputes, Contract Terms

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Jason Strickland

"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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Emily Sullivan

Owning Real Property Near Military Bases: Considerations for Buying, Selling, and Developing Land in an AICUZ

You have found the perfect spot for a new neighborhood, office complex, or retail center—only to discover it's within an Air Installations Compatible Use Zone (AICUZ). Suddenly, noise levels, building heights, and safety…more

Commercial Property Owners, Compliance, Land Developers, Land Owners, Local Ordinance

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Ryal Tayloe

Navigating Easement Disputes in North Carolina

An easement is a right to make some specific use of land owned by another. Because easements involve the easement owner using land owned by someone else and because it is human nature to value and protect property, it is common…more

Easements, Property Owners

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Matthew Thompson

Death and Taxes for North Carolina Business Owners

Changing tax laws, political uncertainty, and the whole family at Thanksgiving can take us on a roller coaster ride of ups and downs. But savvy business owners (and their estate planning counsel) know that – in the end –…more

Business Ownership, Estate Planning, Estate-Tax Exemption, Grantor Retained Annuity Trusts (GRATs), Interest Rates

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Luke Tompkins

Navigating Easement Disputes in North Carolina

An easement is a right to make some specific use of land owned by another. Because easements involve the easement owner using land owned by someone else and because it is human nature to value and protect property, it is common…more

Easements, Property Owners

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Genesis E. Torres

New Workplace Policies Employers Should Consider

In 2025, three key areas stand out as critical for fostering a positive and productive work environment: promoting collaboration and respect, supporting employee well-being, and responsibly integrating artificial…more

Artificial Intelligence, Data Privacy, Diversity and Inclusion Standards (D&I), Employee Benefits, Employee Training

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Allen Trask, III

Your Neighbor's Water Caused Damage to Your Property: Who Bears Legal Responsibility?

Over the last several years, the frequency and intensity of rain and other natural disaster events have increasingly impacted both business and individual property owners across North Carolina in a variety of ways…more

Liability, Property Damage, Surface Water, Water Damage

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Peter von Stein

The Toils of Heirs Property and Agriculture in North Carolina

The farmland of North Carolina cradles not only agricultural abundance but also a significant legal challenge: heirs property (also commonly known as "heirs' property" or "heir property"). This designation arises when land…more

Asset Transfer, Estate Planning, Heirs, Property Ownership, Proposed Legislation

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Amy Wang

Navigating Wetlands in Coastal North Carolina Real Estate Development

The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years. For developers eyeing coastal properties, understanding the recent…more

Clean Water Act, Department of Environmental Quality, Environmental Policies, North Carolina, Real Estate Development

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Hayley Wells

Attention North Carolina Retailers: Time to Renew Your ABC Permits!

If your business sells alcohol in North Carolina, now is the time to renew or register your Alcoholic Beverage Control (ABC) retail permit. Failure to complete this process on time could result in penalties, increased costs, or…more

Alcohol Beverage Control, Business Licenses, Compliance, Filing Deadlines, Late Fees

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Mark Wigley

Understanding Trade Secret Misappropriation: A Guide for In-House Counsel

This is the second in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30, 2025…more

Business Litigation, Confidential Information, Criminal Prosecution, Defend Trade Secrets Act (DTSA), Evidence

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Leigh Wilkinson

Business over Breakfast: Health Care Legal Updates from our Spring Series

Several Ward and Smith attorneys shared legal updates related to the North Carolina Certificate of Need process, insights on professional licensing, and guidance on the dynamic landscape of employment law at a recent "Breakfast…more

Employer Liability Issues, Employment Policies, Health Care Providers, Healthcare Workers, Popular

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Devon Williams

The DEI Stalemate: Paying the Price for the Wrong Move - Part 2

Part 2 of The DEI Stalemate builds on the lessons learned in the first session, focusing on practical strategies for implementing successful DEI initiatives without legal missteps. Attorneys X. Lightfoot, Avery Locklear, and Ken…more

Anti-Discrimination Policies, Bias, Corporate Governance, Discrimination, Diversity

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Madeline Lipe Williams

Maintaining Harmony: Best Practices for Enforcing Community Rules and Covenants

If done well, enforcement fosters harmony and neighborly behavior within the community. However, to be done well, enforcement of the Covenants must be carried out in a legally sound, fair, and consistent manner…more

Community Associations, Covenants that Run With the Land, Dispute Resolution, Enforcement, Homeowners Association (HOA)

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James Wilson

Lessons Learned: Wisdom from Professional Licensing Attorneys

Having been in the company of literally thousands of physicians, dentists, psychologists, nurses, and just about every other kind of health professional as they undergo investigations, reviews, and prosecutions of their…more

Disability Insurance, Health Care Providers, Health Insurance, Insurance Industry, Medical Malpractice

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Jeremy Wilson

Do I Need A Lawyer When A Dog Attacks Me?

Pets are a valued part of our society. However, sometimes, owners or keepers of pets create dangerous situations for both their pets and others. If you or a loved one is attacked by a dog, the damages can be serious…more

Damages, Dangerous Animals, Insurance Industry, Medical Debt, Public Nuisance

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Thomas Wolff

A Primer for Creditors Navigating the Bankruptcy System

Bankruptcy filings affect businesses across America. The Bankruptcy Code is complex and difficult to navigate. But used properly, it can helpcreditors to minimize losses when a customer files bankruptcy. …more

Attorney's Fees, Automatic Stay, Bankruptcy Code, Chapter 11, Chapter 13

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Amy Wooten

Basic but Important Considerations for Corporations—Both For-Profit and Non-Profit: Understanding Director and Officer Liability Insurance

Depending on the scope of the policy, the policy may also provide coverage for members of corporate committees or defined classes of volunteers. Corporations do! Whether for-profit or non-profit, corporations act through their…more

Board of Directors, Business Entities, Corporate Officers, D&O Insurance, Insurance Claims

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