Ward and Smith, P.A.

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1001 College Court
New Bern, North Carolina 28562, United States
Phone: 252.672.5400
Fax: 252.672.5477
Areas of Practice
  • Administrative Law
  • Agriculture
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Family Law
  • Finance & Banking
  • Health
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Transportation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
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Locations
Other U.S. Locations
  • North Carolina
Number of Attorneys
50-100 Attorneys

Stormwater Permits: Preventing Your Owners Association From Getting Stuck with Unnecessary and Potentially Large Expenses

Developers in North Carolina must obtain numerous permits from various governmental agencies prior to constructing a planned community or developing condominiums. Most construction permits end by their terms upon completion of…more
 /  Construction Law, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

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 Law & Contracts, Real Estate - Commercial, Real Estate - Residential

Your Foreclosure Hearing Just Got More Crowded

On August 30, 2017, an amendment to North Carolina’s foreclosure statutes took immediate effect. The amended statute, Section 45-10, concerns substitute trustees under a deed of trust. As amended, Section 45-10 now prohibits an…more
 /  Finance & Banking, Real Estate - Residential, Wills, Trusts, & Estate Planning

Truth and Consequences: Title VII's Opposition Clause and Employer's Reasonable Belief

This summer, the United States Court of Appeals for the Fourth Circuit, which hears appeals from North Carolina federal courts, issued an opinion that has employers taking note. In Villa v. CavaMezze Grill, LLC, the court…more
 /  Civil Rights, Labor & Employment Law

Reimbursing Employees? Remember That Form Matters!

As an inducement to recruit and retain employees, employers often agree to offer employees certain expense reimbursements. However, if these reimbursement arrangements fail to meet certain requirements, the employer and employee…more
 /  Labor & Employment Law, Taxation

New North Carolina Law Adds Predictability to Litigation Involving Business Contracts

North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state lines,…more
 /  Civil Procedure, Commercial Law & Contracts

600,000 Reasons to Comply with the Fair Credit Reporting Act

The United States Court of Appeals for the Fourth Circuit—which covers federal courts in North Carolina—recently affirmed a borrower’s victory against a loan servicer under the federal Fair Credit Reporting Act (“FCRA”). In…more
 /  Business Torts, Civil Procedure, Civil Remedies, Consumer Protection, Finance & Banking

Do I Need An Estate Plan?

• Do you care who will receive your assets upon your death? • Do you have a minor child or children and want to have a say in who takes care of them if something happens to you? • Do you care who will take care of you if…more
 /  Wills, Trusts, & Estate Planning

Well, Isn't That a Special Use? Navigating the Special Use Permit Process in North Carolina

North Carolina statutes provide that cities and counties may issue special use permits in accordance with the principles, conditions, safeguards, and procedures specified in their zoning regulations. A special use permit will…more
 /  Civil Procedure, Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

"Stick A Fork in It!" Updated Overtime Rules Are DOA . . . For Now

On August 31, 2017, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas entered a final judgment in State of Nevada et al. vs. U.S. Department of Labor et al., awarding summary judgment against the…more
 /  Elections & Politics, Labor & Employment Law

The North Carolina Uniform Power of Attorney Act: A Practical Introduction for Real Estate Practitioners

Can we all agree that dealing with a power of attorney in North Carolina has long been, at best, a frustrating experience? Well, help is on the way! On July 20, 2017, Governor Cooper signed Senate Bill 569, "An Act to Adopt the…more
 /  Commercial Law & Contracts, Real Estate - Commercial, Real Estate - Residential, Wills, Trusts, & Estate Planning

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
 /  Bankruptcy, Commercial Law & Contracts

An Overview of North Carolina Premises Liability Law

Accidents happen. But how do you determine whether an injury on someone else's property is just an unavoidable accident or a potential legal liability? As in other areas of personal injury law, the analysis typically is based on…more
 /  Personal Injury, Real Estate - Commercial, Real Estate - Residential

Federal Tax Liens In Foreclosure Proceedings

Henkel v. Triangle Homes is a North Carolina Court of Appeals case with dueling tax foreclosure proceedings involving the same property. One foreclosure proceeding was for unpaid municipal taxes and the other for unpaid federal…more
 /  Civil Procedure, Finance & Banking, Real Estate - Residential, Taxation

Intangible Risky Business

The national, and many times global, reach of most businesses, regardless of size and physical location, continues to drive the ever increasing importance and value of intangible assets. In fact, a business's intellectual…more
 /  Commercial Law & Contracts, Intellectual Property
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