Ward & Smith Attorneys at Law














Publications

Business
After The Tears Are Shed:  "Key Man" or Key Employee Life Insurance

Antitrust Laws:
Avoid Harmful Behavior Before It Occurs

Choosing a Business Entity:
The Benefits of a Limited Liability Company

IRS Proposes Regulations Concerning Intermediate Sanctions

Money, Money, Money:  New Opportunities for Businesses and Developers to Obtain Economic Development Incentives

Premarital Agreements:  Smart Planning for You and Your Heirs

Shareholder and Operating Agreements: Essentials for Closely Held Businesses

With Credit and Debit Card Receipts, Less is More

Construction
Are You Ready for $270 Million in Military Construction Contracts?

Are You Ready for Federal Government Construction Contracting?

CGL Insurance:  The Subcontractor Coverage Exclusion

General Contractor's OSHA Duty Expanded

Lien Rights Arising Out of Private Construction Projects

North Carolina Enacts New Laws that Impact Developers and Construction Contractors

Public-Private School Construction Projects: Opportunities and Pitfalls

Creditors' Rights
Creditors' Rights and The Military

Invasion of the Identity Snatchers

Developers
Development AgreementsLong-Term Projects, Extended Vested Rights, and Infrastructure Expense Reimbursements:  New Opportunities for Developers

North Carolina Supreme Court Limits Right to Challenge Real Estate Development

Environmental
Buyer Beware!
The Landscape Is Changing for Environmental Site Assessments

Docks and Piers - Understanding Your Access to Coastal Waters

Government Cracks Down On Ditching Wetlands

Landowners With Leaking Fuel Tanks Given Reprieve From Land Use Restrictions

Legislators Tighten Noose For Water Quality Violations

New Stormwater Controls Trigger Land Use Restrictions

State Requires Land Use Restrictions on Petroleum-Contaminated Property

Supreme Court Limits Regulation of Wetland Fill Activities

Unanimous North Carolina Supreme Court Ruling Invalidates County Ordinances Regulating Swine Farms

Family Law
Alienation of Affections and Criminal Conversation:  Preserving the Sanctity of Marriage or Antiquated Law?  A Pulling on the Heart Strings

Premarital Agreements: Smart Planning for You and Your Heirs

Financial Institutions
Major Issues for Financial Institutions in 2005

Home Equity and Other Future Advance Type Loans Secured by Real Estate

The North Carolina Identity Theft Protection Act Of 2005 and Its Effect On Businesses

Government Representation
Community Colleges and the New Government Ethics Act

Health Care
Avoiding the "Catch 22" of the HIPAA Privacy Regulations and Powers of Attorneys

Bankrupt Patients:  Overview for Medical Practices

Certificate Of Need Section Changes Position On "Diagnostic Center" Construction Costs

Compliance Countdown:  Guidelines for Physicians Finally Issued

Deadline Approaches to Participate in CIGNA Settlement

Health Savings Accounts

New Anti-Kickback Safe Harbors

North Carolina Patients' Bill of Rights

Risk Management Practice Pointer:
Consider including an Arbitration Provision in Your Patient Agreement Form


Sales and Use Tax Exemption for Prescription Drugs Expanded to Include Drugs Administered by Physicians

Small, Self-Insured Group Health Plans Must Comply With the HIPAA Security Rule by April 20, 2006

Intellectual Property
Intellectual Property:  What Is It, And Do I Own Any?

Labor & Employment
Department of Labor's New "White-Collar" Exemption Regulations Take Effect

Equal Employment Opportunity Commission Releases Guidance on Employer Liability for Harassment by Supervisor

Employee Absence Poses New Legal Risks to Employers

Employer May Be Hit With Higher Punitive Damages Than Its Harassing Employee

Family and Medical Leave Act Rights Expanded for Military Families

Independent Contractor or Employee:  Do You Know One When You See One?

Non-Union Employers Must Allow Employee Representatives to Attend Disciplinary Interviews

U.S. Department of Labor Releases Final Revisions to "White-Collar" Exemption Regulations

U.S. Supreme Court Decisions Raise New Questions, May Provide Additional Protections for Employers under the Americans with Disabilities Act

When Employees Serve Both Their Country and Their Company:  The Responsibilities of Employers Under the Uniformed Services Employment and Reemployments Rights Act

Litigation
Antitrust Laws:
Avoid Harmful Behavior Before It Occurs

Civil Subpoenas:  A Primer

"Not in My Family":  Will Disputes in North Carolina:  Caveats,
Testamentary Capacity, and Other Phrases You Should Know

Performance and Payment Bonds

Premises Liability Law Adopts A Reasonable Person Standard

Procedures For Implementing Uniform Domain Name Dispute Resolution Policy

To Keep, Or Not To Keep:  That Is The Question:  Record Retention Policies and Spoliation of Evidence

Patent Law
New Patent Rule to Bring Substantial Changes

Real Estate
BUYER BEWARE:  Bidding On Real Property At A Foreclosure,
Bankruptcy, Commissioner's or Auction Sales

Money, Money, Money:  New Opportunities for Businesses and Developers to Obtain Economic Development Incentives

Tax
It's That Time of Year:  Giving Opportunities and Traps - The Pension Protection Act of 2006

Time's Up:  If You Have Employees, Final Section 409A Deferred Compensation Regulations Require Immediate Action

Trusts & Estates
Administration of Family Limited Partnerships and Family Limited Liability Companies

Advanced Estate Planning Techniques

Asset Protection Planning

Business Succession Planning

Don't Bury Your Head in the Sand-Estate Planning for the Beach House

Estate Planning and Life Insurance: A Wealth of Opportunity

Estate Planning:  A Primer

Generation-Sharing:  Tax Planning That Benefits the Entire Family

"It Ain't Over 'til It's Over"
Use of a Funded Revocable or "Living" Trust in an Estate Plan

Leveraging Taxable Gifts through the Use of Qualified Personal Residence Trusts

North Carolina Establishes an Advance Health Care Directive Registry

"Not in My Family":  Will Disputes in North Carolina:  Caveats,
Testamentary Capacity, and Other Phrases You Should Know

Planning for Incapacity:  A Checklist

Planning for Long-Term Care

Premarital Agreements:  Smart Planning for You and Your Heirs

Take a Bite Out of the Estate Tax: Estate Planning with Life Insurance

The Seven Deadly Sins of Estate Planning

Use of Limited Liability Companies in Estate Planning

Waivers of Notification of Trust Withdrawal Rights

Year-End Estate Planning 2006

 

 

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