Ward and Smith, P.A.

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Raleigh, New Bern, Wilmington, Greenville, and Asheville, North Carolina, United States
Phone: 919.277.9218
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

Domicile for Public School Enrollment Under Joint Custody in NC

It's back to school season and our social media feeds are flooded with families posting photographs of bright-eyed children holding Pinterest inspired chalkboard signs. But, we would be remiss to not have a conversation…more

Child Custody, Child Support, Custody, Divorce, Educational Institutions

See all updates »

Alternatives to Registering a Security Offering

There are many ways for a company to raise capital.  Two common ways are for the principals to inject their own cash or arrange for the company to borrow it. But most banks are unwilling to lend to a company that does not…more

Accredited Investors, Broker-Dealer, Capital Raising, Corporate Governance, Private Placements

See all updates »

State Legislation That Raises Our Spirits

Any spirit raising is a welcome one during the time of COVID. As attorneys representing breweries, wineries, distilleries, retailers, and countless other businesses working within the hospitality industry across North…more

Alcohol Beverage Control, Beer, Beverage Manufacturers, Breweries, Distilleries

See all updates »

One of These Things Is Not Like the Other: Proxies, Written Ballots, and Electronic Voting

All community associations, at least annually, are faced with action items requiring a vote of their membership.  For example, community association membership participation is necessary on an annual basis to elect the Board…more

Ballots, Board of Directors, Community Associations, Corporate Governance, Planned Communities

See all updates »

"Generation-Sharing" - Tax Planning That Benefits the Entire Family

Historically, only the very wealthy engaged in generation-skipping estate planning. Families and individuals who do not think of themselves as "very wealthy," however, also can reap significant benefits from this type of…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift-Tax Exemption, Income Taxes

See all updates »

When Is a Deal a Deal?

Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain pitfalls. At worst, this can lead to the complete invalidity of the…more

Contract Disputes, Contract Drafting, Contract Formation, Contract Interpretation, Contract Negotiations

See all updates »

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

See all updates »

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

Attorney Representation Agreements, Buyers, Commercial Real Estate Contracts, Listing Contracts, Purchase Agreement

See all updates »

Preventing Trust and Estate Disputes

The death of a loved one should be a time for a family to come together.  As a trust and estate litigator, unfortunately, I often see families fall apart.  Every family's situation is different, but certain issues seem to…more

Beneficiaries, Beneficiary Designations, Disinherit, Estate Planning, Inheritance

See all updates »

Back to Work: NC Lawmakers Gear Up for the 2022 Short Session

After wrapping up one of the longest sessions in the North Carolina General Assembly's history, lawmakers return this week for the first day of the 2022 Short Session. Historically, the Short Session operates on a two-year…more

General Assembly, Legislative Agendas, Medicaid Expansion, Medical Marijuana, State and Local Government

See all updates »

Be Mindful of Income Tax in Estate Planning, Particularly Basis

Avoidance of estate taxes is one consideration in estate planning.  Under current law, however, estate tax issues generally affect only the wealthiest 1% of the population, but everyone should be mindful of income tax…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Income Taxes, IRS

See all updates »

Having Election News Withdrawal?

Supreme Court Decides Case on Protected Political Activity in Public Employment - Some of us may have had enough of all things election by now. But the United States Supreme Court decided a case last April that broadens…more

Demotions, Employer Liability Issues, First Amendment, Protected Activity, Public Employees

See all updates »

Not So Fast: Limits of "Settlement Negotiation" Protections

Understanding How and Why "Settlement Negotiations" May Be Used Against You - To promote honest and open discussions in resolving disputes, courts have adopted rules to specifically safeguard the information disclosed and…more

Admissibility, Defense Strategies, Dispute Resolution, Litigation Strategies, Settlement Agreements

See all updates »

Land Use and Zoning Basics for Community Associations

Recently, I detailed a variety of land use laws and land use regulations pertinent to community associations and community association managers. The webinar, which is part of Ward and Smith’s Community Association Building…more

Community Associations, Land Developers, Land Use Restrictions, Local Ordinance, Planned Communities

See all updates »

Teamwork Can Sometimes Make the Dream Work: How to Properly Maintain the Protections of Common Interest Doctrine in North Carolina

Parties to a lawsuit often find themselves on the "same side of the courtroom" as other entities or individuals. In these instances, where a party is one of multiple (or many) co-plaintiffs or co-defendants, it is often…more

Attorney-Client Privilege, Common-Interest Privilege, Confidential Communications, Discovery, Privilege Logs

See all updates »

The North Carolina Business Court Evolves

Business courts are not so-named because they favor businesses, but because they are specifically designed to improve a state’s business environment by providing a forum to resolve complex disputes in an efficient manner. …more

Business Court Division, Judges, Local Rules

See all updates »

Rapid Fire Legal Update on Tax Provisions, E-Discovery, Lobbying Issues, and ADA Compliance

We recently provided timely updates on new tax provisions, electronic discovery, lobbying issues, and ADA compliance during Ward and Smith's 2021 Virtual In-House Counsel Webinar. The following article highlights…more

Accessibility Rules, ADA, Capital Gains Tax, Corporate Taxes, e-Discovery Professionals

See all updates »

Preliminary Injunctions and Temporary Restraining Orders—What Are They?

A preliminary injunction is a pre-trial court order that stops (or sometimes mandates) action by the opposing party in a lawsuit.  A party may seek a preliminary injunction when they will suffer irreparable harm—that is, he…more

Defense Strategies, Injunctive Relief, Litigation Strategies, Pre-Trial Motions, Preliminary Injunctions

See all updates »

Burning at Both Ends: NC General Assembly Keeps Hemp Legal With Last Minute Vote

Before the North Carolina General Assembly wrapped up the effective end to their 2022 Long Session late last month, lawmakers enacted critical legislation – Senate Bill 455 – which kept hemp and CBD-related products legal in…more

Agricultural Sector, Farms, General Assembly, Governor Cooper, Hemp

See all updates »

Yours, Mine, and Ours: Estate Planning for Blended Families

According to recent statistics, four out of every ten families are blended families. As you might expect, estate planning for blended families is often complicated. Proper planning requires not only careful financial and tax…more

Asset Management, Beneficiaries, Estate Planning, Inheritance, Spouses

See all updates »

Going Once, Going Twice, Sold: Real Time Bidding Data Privacy Breach

The ongoing massive data breach in the world of advertising: real time bidding ("RTB"). You likely are, or have been, a target of RTB without your knowledge. The Irish Council for Civil Liberties ("ICCL") found that the…more

Consumer Privacy Rights, Cybersecurity, Data Breach, Data Collection, Data Privacy

See all updates »

Government Relations and Employment for the NC Construction Industry

This is the first in a series of articles summarizing key topics discussed at Ward and Smith's 2021 Construction Conversations Webinar. Members of Ward and Smith's Government Relations and Labor and Employment teams…more

ADA, Civil Rights Act, Construction Contracts, Construction Industry, Construction Project

See all updates »

The Third Chair: Engaging Appellate Counsel Early To Improve Outcomes at Trial

You don't need us to tell you that trials are increasingly rare. So when heading to trial, trial counsel must know their client's story and must be prepared to tell that story to the trier of fact—a feat that requires weeks,…more

Admissible Evidence, Jury Instructions, Jury Trial, Litigation Strategies, Post Trial Motions

See all updates »

Teamwork Can Sometimes Make the Dream Work: How to Properly Maintain the Protections of Common Interest Doctrine in North Carolina

Parties to a lawsuit often find themselves on the "same side of the courtroom" as other entities or individuals. In these instances, where a party is one of multiple (or many) co-plaintiffs or co-defendants, it is often…more

Attorney-Client Privilege, Common-Interest Privilege, Confidential Communications, Discovery, Privilege Logs

See all updates »

Understanding the Basics of NCDOI Licensee Complaints

Facing an investigation by a licensing board can be one of the most stressful and emotionally taxing challenges that licensed professionals face in their careers. Learning about and understanding how the licensing board's…more

Business Licenses, Disclosure Requirements, Licensees, Licensing Boards, Licensing Rules

See all updates »

Honoring Our PACT Act Signed Into Law: Camp Lejeune Water Contamination Lawsuits Move Forward

President Joe Biden signed the historic Honoring Our Promise to Address Comprehensive Toxics (PACT) Act into law today.   Veterans exposed to toxic chemicals during their service are now eligible for new benefits, and with…more

Contamination, Department of Veterans Affairs, Drinking Water, Toxic Chemicals, Veterans

See all updates »

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

See all updates »

Fireworks, Hot Dogs, and Bankruptcy?

As the townsfolk of Lubbock, Texas readied for the annual Fourth on Broadway Independence Day fireworks show and celebration, local car dealer Reagor-Dykes wanted to be front of mind.  So as it had the previous year, it…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 7, Commercial Bankruptcy

See all updates »

Current Legal Trends in Healthcare

The health care landscape is ever-changing, shaped by the current pandemic and ongoing changes to the laws and regulations. We recently held a Health Care Breakfast and Learn to give insight into current trends and legal and…more

Anti-Kickback Statute, Certificate of Need, Covered Entities, Department of Justice (DOJ), Health Care Providers

See all updates »

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

See all updates »

Inside Out: Employment Law LARP

Three Ward and Smith labor and employment attorneys analyzed a number of real-life situations many employers are dealing with in the current landscape. The webinar, part of Ward and Smith's In-House Counsel virtual…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Federal Contractors, Hiring & Firing

See all updates »

No Closure on Pay Disclosure: How Pay Transparency May Affect Your Company

Over the past two years, pay transparency laws have quickly spread and become a topic of state legislatures nationwide.  As pay transparency laws continue to proliferate across the United States, employers will need to…more

Employer Liability Issues, Minimum Salary, Pay Equity Laws, Pay Transparency, State Labor Laws

See all updates »

So You Want to Start a Business? 10 Legal Steps to Create a Successful Business Entity

Once you have a business idea, creating a business entity may seem daunting from a legal standpoint. However, setting up your business with thoughtful consideration and guidance will pay off over time, as you can structure…more

Articles of Incorporation, Business Entities, Business Formation, C-Corporation, Closely Held Businesses

See all updates »

Grandparents' Visitation Rights in North Carolina

North Carolina treats grandparents seeking custody like any other third-party or non-parent. If a grandparent is seeking custody of a child, he or she may file an action for custody or seek to intervene in a pending action…more

Child Custody, Child Visitation, Grandparents Rights, Parenting Plans, Physical Custody

See all updates »

Courts, Custody, & Choices: How to Address New or Existing Issues

As most people are well aware, the COVID-19 crisis has completely changed how we operate in our daily lives. One place that has felt a tremendous effect as a result of this crisis is our court system. Originally, an Order was…more

Coronavirus/COVID-19, Court Closures, Court Schedules, NC Supreme Court, Videoconference

See all updates »

Construction Conversations around the Licensing Board, Liens, and the Supply Chain

My colleagues and I recently provided key updates on supply chain disruption, liens, and licensing boards during the firm’s 2021 Construction Conversations Webinar. In the Rapid-Fire Legal Update session, we covered a…more

Building Permits, Construction Industry, Construction Liens, General Contractors, Licensing Boards

See all updates »

How North Carolina is Adapting to a Shortage of Nurses During the COVID-19 Pandemic

As the number of COVID-19 cases in the U.S. accelerates once again, this time in the form of the "delta variant," the nation faces a shortage of nurses just when it needs them most. North Carolina has unfortunately not…more

Coronavirus/COVID-19, Health Care Providers, Healthcare Facilities, Healthcare Workers, Hospitals

See all updates »

Be Mindful of Income Tax in Estate Planning, Particularly Basis

Avoidance of estate taxes is one consideration in estate planning.  Under current law, however, estate tax issues generally affect only the wealthiest 1% of the population, but everyone should be mindful of income tax…more

Estate Planning, Estate Tax, Estate-Tax Exemption, Income Taxes, IRS

See all updates »

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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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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Restrictive Covenants: What Are They And Why Should You Care?

Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property…more

Condominium Associations, Land Owners, Planned Communities, Property Owners, Real Estate Development

See all updates »

So You Want to Start a Business? 10 Legal Steps to Create a Successful Business Entity

Once you have a business idea, creating a business entity may seem daunting from a legal standpoint. However, setting up your business with thoughtful consideration and guidance will pay off over time, as you can structure…more

Articles of Incorporation, Business Entities, Business Formation, C-Corporation, Closely Held Businesses

See all updates »

The Intersection of the Bipartisan Infrastructure Law and Davis-Bacon Act Requirements for Federal Contractors and Subcontractors

On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act into law, which is popularly known as the Bipartisan Infrastructure Law ("BIL").  The BIL is estimated to create an…more

Davis-Bacon Act, Department of Labor (DOL), Federal Contractors, Fringe Benefits, Prevailing Wages

See all updates »

One of These Things Is Not Like the Other: Proxies, Written Ballots, and Electronic Voting

All community associations, at least annually, are faced with action items requiring a vote of their membership.  For example, community association membership participation is necessary on an annual basis to elect the Board…more

Ballots, Board of Directors, Community Associations, Corporate Governance, Planned Communities

See all updates »

March 31 Deadline to Amend 403(b) Retirement Plans Approaches

Employer sponsors of 403(b) retirement plans have until March 31, 2020, to amend their plan documents to comply with Internal Revenue Service (IRS) rules stating what provisions must be contained in those documents. The most…more

403(b) Plans, Benefit Plan Sponsors, IRS, New Guidance, Remedial Actions

See all updates »

Fireworks, Hot Dogs, and Bankruptcy?

As the townsfolk of Lubbock, Texas readied for the annual Fourth on Broadway Independence Day fireworks show and celebration, local car dealer Reagor-Dykes wanted to be front of mind.  So as it had the previous year, it…more

Bankruptcy Code, Bankruptcy Court, Chapter 11, Chapter 7, Commercial Bankruptcy

See all updates »

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

See all updates »

Dust Off Your Template Employment Agreements

Mandatory Arbitration and Class Action Waivers for Sexual Harassment or Sexual Assault Prohibited In Any Pre-Dispute Agreement - We often encounter template employment agreements that have not been revised for years or even…more

Arbitration, Arbitration Agreements, Employer Liability Issues, Employment Contract, Labor Regulations

See all updates »

Alternatives to Registering a Security Offering

There are many ways for a company to raise capital.  Two common ways are for the principals to inject their own cash or arrange for the company to borrow it. But most banks are unwilling to lend to a company that does not…more

Accredited Investors, Broker-Dealer, Capital Raising, Corporate Governance, Private Placements

See all updates »

New Law Limits Broad Form Lien Waivers in Construction Projects

Lien rights can be one of a contractor's most important means of securing payment on any private construction project in North Carolina.  Under Chapter 44A of the North Carolina Statutes, contractors that contract directly with…more

Construction Contracts, Construction Industry, Construction Liens, Construction Project, Contractors

See all updates »

Installation and Use of Solar Power Systems in North Carolina

If you live in North Carolina, you likely have read or heard stories about HOAs prohibiting members from installing solar panels on their properties or of members being sued by their HOA for doing so.  But, can an HOA regulate…more

Community Associations, Homeowners Association (HOA), NC Supreme Court, Planned Communities, Real Estate Development

See all updates »

Rapid Fire Legal Update on Tax Provisions, E-Discovery, Lobbying Issues, and ADA Compliance

We recently provided timely updates on new tax provisions, electronic discovery, lobbying issues, and ADA compliance during Ward and Smith's 2021 Virtual In-House Counsel Webinar. The following article highlights…more

Accessibility Rules, ADA, Capital Gains Tax, Corporate Taxes, e-Discovery Professionals

See all updates »

Update to EEOC's Position on Mandatory COVID testing

On July 12, 2022, the Equal Employment Opportunity Commission ("EEOC") updated its guidance regarding COVID-19 workplace viral screening testing.  The EEOC's original position on COVID-19 workplace viral screening testing…more

ADA, Coronavirus/COVID-19, EEOC, Employer Liability Issues, Employer Responsibilities

See all updates »

"On-Call" Time in Healthcare Settings: What is it? When do you have to pay for it? What if you get it wrong?

You may understandably think that everything about this subject has been resolved long ago. But you would be wrong if you do. The federal law that undergirds most of what you think you know about how employers have to pay…more

Department of Labor (DOL), Employer Liability Issues, FLSA, Over-Time, Wage and Hour

See all updates »

A Few Things You Should Know in Case of Windstorm Damage to Your Home or Building

North Carolinians know when Hurricane season begins and ends; we know what a "spaghetti model" is; and we know who in our neighborhood has a generator!  But do we know enough about windstorm insurance policies and how to…more

Hurricane Season, Insurance Claims, Insurance Industry, Natural Disasters, Property Damage

See all updates »

New COVID-19 Guidance for Public Sector Employers

On March 18, 2020, Congress passed the Families First Coronavirus Response Act ("FFCRA") to address some of the effects COVID-19 has caused in workplaces across the country. As we have written previously, the U.S. Department…more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Wage & Hour Division (WHD), Wage and Hour

See all updates »

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

See all updates »

Courts, Custody, & Choices: How to Address New or Existing Issues

As most people are well aware, the COVID-19 crisis has completely changed how we operate in our daily lives. One place that has felt a tremendous effect as a result of this crisis is our court system. Originally, an Order was…more

Coronavirus/COVID-19, Court Closures, Court Schedules, NC Supreme Court, Videoconference

See all updates »

Installation and Use of Solar Power Systems in North Carolina

If you live in North Carolina, you likely have read or heard stories about HOAs prohibiting members from installing solar panels on their properties or of members being sued by their HOA for doing so.  But, can an HOA regulate…more

Community Associations, Homeowners Association (HOA), NC Supreme Court, Planned Communities, Real Estate Development

See all updates »

Daycare and Other Child Care Injuries in North Carolina

Placing a child in daycare can be one of the most difficult things a working parent must do. On the other hand, utilizing child care services is extremely beneficial to children's educational and social development. We all…more

Bodily Injury, Child Care, Negligence, Statute of Limitations, Wrongful Death

See all updates »

The Trademark Modernization Act

Background on Trademark Rights - While it is not required to establish trademark rights in the U.S., there are many benefits to applying to register trademarks with the U.S. Patent and Trademark Office ("USPTO").  For example,…more

Expungement, Intellectual Property Protection, Trademark Application, Trademark Modernization Act (TMA), Trademark Registration

See all updates »

Issues to Consider in Rights of First Refusal

People often talk about giving or getting a Right of First Refusal ("ROFR") in real estate transactions. But what is a ROFR? A simple definition might be..…more

Commercial Leases, Contract Terms, Deed of Trust, Landlords, Leases

See all updates »

Even Indirect Income from Cannabis Can Get You Banned From Bankruptcy

Despite widespread trends in state-level legalization and decriminalization of high-THC cannabis and growing acceptance of cannabis among Americans, cannabis and cannabis products remain illegal under federal law.  At least…more

Bankruptcy Court, Cannabis-Related Businesses (CRBs), Chapter 13, Controlled Substances Act, Decriminalization of Marijuana

See all updates »

Not So Fast: Limits of "Settlement Negotiation" Protections

Understanding How and Why "Settlement Negotiations" May Be Used Against You - To promote honest and open discussions in resolving disputes, courts have adopted rules to specifically safeguard the information disclosed and…more

Admissibility, Defense Strategies, Dispute Resolution, Litigation Strategies, Settlement Agreements

See all updates »

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

See all updates »

U.S.-China Trade Deal Shows Potential for Improved U.S. Intellectual Property Rights in China

A result of negotiating techniques from Donald Trump's book "The Art of the Deal" or a result of strategies from the ancient Chinese military strategy treatise "The Art of War"?…more

China, Confidential Business Information (CBI), E-Commerce, Exports, Intellectual Property Protection

See all updates »

Going Once, Going Twice, Sold: Real Time Bidding Data Privacy Breach

The ongoing massive data breach in the world of advertising: real time bidding ("RTB"). You likely are, or have been, a target of RTB without your knowledge. The Irish Council for Civil Liberties ("ICCL") found that the…more

Consumer Privacy Rights, Cybersecurity, Data Breach, Data Collection, Data Privacy

See all updates »

"Generation-Sharing" - Tax Planning That Benefits the Entire Family

Historically, only the very wealthy engaged in generation-skipping estate planning. Families and individuals who do not think of themselves as "very wealthy," however, also can reap significant benefits from this type of…more

Estate Planning, Estate Tax, Generation-Skipping Transfer, Gift-Tax Exemption, Income Taxes

See all updates »

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

See all updates »

Preliminary Injunctions and Temporary Restraining Orders—What Are They?

A preliminary injunction is a pre-trial court order that stops (or sometimes mandates) action by the opposing party in a lawsuit.  A party may seek a preliminary injunction when they will suffer irreparable harm—that is, he…more

Defense Strategies, Injunctive Relief, Litigation Strategies, Pre-Trial Motions, Preliminary Injunctions

See all updates »

The Notice of Contract Mechanism: How Contractors Can Avoid Double Payment

As the economic crisis stemming from the coronavirus pandemic unfolds, it is ever more important that contractors and subcontractors protect their payment rights and avoid the risk of double payment; i.e., the risk of having to…more

Construction Contracts, Construction Industry, Construction Liens, Construction Project, Coronavirus/COVID-19

See all updates »

ARC Approval – Gotta Have It

Ward and Smith's Community Associations attorneys have successfully defended a Wilmington area Community Association in the North Carolina Court of Appeals. On April 21, 2020, the North Carolina Court of Appeals issued its…more

Attorney's Fees, Community Associations, Governance Standards, Permanent Injunctions, Reduction of Damages

See all updates »

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

Agricultural Land, Business Ownership, Business Succession, Credit, Estate Planning

See all updates »

The Application of North Carolina's Economic Loss Rule to Commercial Construction Projects

This article addresses recent developments in North Carolina law regarding the economic loss rule, explores the application of the economic loss rule to commercial construction projects in light of those developments, and…more

Breach of Contract, Construction Contracts, Construction Industry, Construction Project, Design-Build

See all updates »

It's About Time: Federal Court Addresses Delta-8

Delta 8 tetrahydrocannabinol ("THC"), an intoxicating form of THC often derived from hemp-derived cannabidiol (aka "CBD"), has been at the center of numerous hot button issues since its arrival in the broader hemp product market…more

Cannabis Products, Decriminalization of Marijuana, Farm Bill, Intellectual Property Protection, THC

See all updates »

Estate Planning Considerations That Apply to Nearly Everyone

Our attorneys field questions every day about the nuanced estate planning issues that arise due to a client's unique circumstances, but there also are many fundamental estate planning considerations that apply "across the…more

Beneficiaries, Beneficiary Designations, Durable Power of Attorney, Estate Planning, HIPAA

See all updates »

Environmental Justice 101: Leveling the Playing Field in the Permitting Process

The concept of "environmental justice" (or "EJ" among environmental practitioners) is not new.  It developed in response to the inordinate number of industrial facilities and contaminated sites located near underrepresented…more

Anti-Discrimination Policies, Civil Rights Act, Clean Air Act, Environmental Justice, EPA

See all updates »

Responding to a Complaint to the Medical Board

Receiving a letter from the North Carolina Medical Board (the "Board") that a complaint has been filed against you is distressing.  It often provokes a mix of emotions, ranging from anger to worry; however, it is a…more

Health Care Providers, Healthcare Professional Liability Policies, Malpractice Insurance, Medical Malpractice, Physicians

See all updates »

Healthcare Highlights: Cyber-Security, Licensing Board Issues, and Employer COVID-19 Regulations

Recently, several Ward and Smith attorneys held a Health Care Breakfast and Learn to provide insights on the healthcare industry relevant to their specific areas of expertise, from privacy and data security to professional…more

Coronavirus/COVID-19, Cybersecurity, Data Privacy, Data Security, Employer Liability Issues

See all updates »

The Intersection of the Bipartisan Infrastructure Law and Davis-Bacon Act Requirements for Federal Contractors and Subcontractors

On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act into law, which is popularly known as the Bipartisan Infrastructure Law ("BIL").  The BIL is estimated to create an…more

Davis-Bacon Act, Department of Labor (DOL), Federal Contractors, Fringe Benefits, Prevailing Wages

See all updates »

Responding to a Complaint to the Medical Board

Receiving a letter from the North Carolina Medical Board (the "Board") that a complaint has been filed against you is distressing.  It often provokes a mix of emotions, ranging from anger to worry; however, it is a…more

Health Care Providers, Healthcare Professional Liability Policies, Malpractice Insurance, Medical Malpractice, Physicians

See all updates »

Daycare and Other Child Care Injuries in North Carolina

Placing a child in daycare can be one of the most difficult things a working parent must do. On the other hand, utilizing child care services is extremely beneficial to children's educational and social development. We all…more

Bodily Injury, Child Care, Negligence, Statute of Limitations, Wrongful Death

See all updates »

A Dogfight Over Neighborhood Rules: Amending Homeowners Association Bylaws

Picture yourself in your new home in Tranquility Acres, a planned community built five years ago by one of the region's best residential developers. Last year your neighbor Barney finally completed construction of his home on…more

Amending Regulation, Board of Directors, Bylaws, Condominium Associations, Declaration

See all updates »

Can actions be inadvertent and intentional simultaneously? For automatic stay violations, the answer is "Yes."

Creditors know that when a debtor files bankruptcy, the "automatic stay" prohibits further collection activity to give a debtor breathing room to reorganize his affairs.  If a creditor willfully violates the stay, it can be held…more

Automatic Stay, Bankruptcy Code, Bankruptcy Court, Chapter 13, Commercial Bankruptcy

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It's About Time: Federal Court Addresses Delta-8

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.