Forum Selection Clauses – An Overlooked Contractual Pitfall
May 8, 2026
Why worry about a clause in a contract that requires your company to arbitrate or litigate in another state? It can be tempting to…
News + Insights
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We’re Engaged! Engaged in a Fraudulent Transfer.
May 5, 2026
Lucas Albrecht was underwater and heading toward bankruptcy. But he lived in a Raleigh home worth $420,000 with his domestic partner, Kirsten Moore. The…
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After the Storm: A Policyholder’s Step-by-Step Guide to Maximizing Your Commercial Property Insurance Claim
May 1, 2026
A hurricane, a fire, a burst pipe, a tornado, when disaster strikes your business, properly reporting the property damage to your property insurer is…
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Political Power Plays: What to Watch in the 2026 Short Session
April 28, 2026
The 2026 Short Session will feature budget battles, Medicaid compromises, and additional Helene relief, but whether lawmakers can agree on property tax reform, income…
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So, You’re a Trustee…Now What Do You Do? (And Who Can You Call for Help?)
April 24, 2026
You may think you know what it means – and what it takes – to be a Trustee, but what does the role really…
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Don’t Let Your Lawyer’s AI Problem Become Yours
April 21, 2026
On March 10, 2026, a federal prosecutor with thirty years of experience stood before a magistrate judge in the United States District Court for…
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NFIP Flood Insurance Policy Pitfalls: What South Carolina Policyholders Should Know Before Disaster Strikes
April 17, 2026
If you own property in South Carolina, particularly along the coast from Hilton Head to Myrtle Beach or in flood-prone areas near Charleston or…
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The Insurance Implications of AI in Your Business: Is Your Current Coverage Keeping Up?
April 15, 2026
Artificial intelligence is no longer a future consideration for business owners. It is a present reality. Businesses across every industry in North Carolina and…
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Growth, Pressure, and Planning: Why North Carolina Farmers Need Legal Counsel Now More Than Ever
April 14, 2026
Most farmers did not get into farming because they dreamed of sitting across a table from an attorney. They got into farming because they…
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Protecting Your Career and Your Income: Why High-Earning Professionals Need Own-Occupation Disability Insurance
April 10, 2026
For high-earning professionals with years of education, training, and dedication behind them, the ability to exercise their specialized skills and earn income is more…
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Still in the Blast Zone: A New Ruling Deflects Some of the Privilege Bomb’s Shrapnel, But Businesses Still Need to Suit Up
April 8, 2026
In our prior article, we wrote about United States v. Heppner – a ruling that detonated like a [privilege] bomb across the legal and…
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What the First Brands Implosion Teaches Lenders about Cash Collateral in Bankruptcy
April 7, 2026
You know the phrase: Cash is king. Never is it truer than in the early days of Chapter 11 bankruptcy. If you make asset-based…
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Your Divorce Attorney Wants You to Stop Using ChatGPT: Family Law, AI, and the Privilege You’re Giving Away
April 1, 2026
A recent federal court ruling out of New York has important implications for anyone involved in a family law matter, whether you are navigating…
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Out of Tune: Trade Secret Theft and Employment Law Case Study
March 31, 2026
Three Ward and Smith attorneys shared practical insights and strategies for responding to the theft of trade secrets, by sharing the example of a…
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The Greatest Hits of Employment Law for In-House Counsel: DEI and Looking Ahead for 2026
March 27, 2026
During Ward and Smith’s annual In-House Counsel Seminar, four attorneys from the firm placed a spotlight on recent topics that are striking a chord…
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Negating Attorney-Client Privilege: Don’t Let AI Put a Fox in Your Company’s Henhouse
March 25, 2026
The recent rise in prevalence of AI chatbots and tools have generated significant conversations in the data privacy world regarding the risks of compliance…
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Creating Harmony: AI Governance Playbook
March 24, 2026
During Ward and Smith’s annual In-House Counsel seminar, Mayukh Sircar, a cybersecurity, data privacy, and technology attorney, shared comprehensive guidance on the strategic role…
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The Greatest Hits of Employment Law for In-House Counsel: Immigration and the NLRB
March 20, 2026
During Ward and Smith’s annual In-House Counsel Seminar, four attorneys from the firm placed a spotlight on recent topics that are striking a chord…
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The Privilege You Didn’t Know You Waived: What Every Business in Litigation Needs to Know
March 18, 2026
If your company is involved in litigation, or regularly faces the possibility of it, a recent federal court ruling should change the way you…
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AI Governance: Practical AI Advice for In-House Counsel
March 17, 2026
During Ward and Smith’s annual In-House Counsel seminar, Mayukh Sircar, a cybersecurity, data privacy and technology attorney, shared comprehensive guidance on the strategic role…
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The Critical First Hour for In-House Counsel: Why Crisis Communications Can’t Wait
March 13, 2026
In a rapidly evolving crisis situation where time is of the essence, in-house attorneys are often the first people to receive a call from…
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2026 Mid-Term Primaries: Voter Turnout Trends, Upsets, Recounts and a Political Earthquake for the History Books
March 11, 2026
North Carolina held its 2026 primary elections last week on Tuesday, March 3. Now that the dust has largely settled around those outcomes, although…
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Bonnie and Claude: The Court Ruling That Could Expose Fraudster’s AI Conversations
March 11, 2026
A New York federal court just issued the first published ruling to tackle head-on whether conversations with a public AI chatbot are protected by…
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The M&A Symphony for In-House Counsel: Orchestrating Successful Deals
March 10, 2026
During Ward and Smith’s annual In-House Counsel Seminar, Richard J. Crow provided an overview of the continually evolving landscape of mergers and acquisitions. The…
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Rapid Fire Remix: North Carolina Government Relations, Utilities, and Natural Disaster Recovery
March 6, 2026
Three Ward and Smith attorneys shared pitch-perfect insights on complex legal topics with crowd-moving implications, including the state budget and politics, utilities law, insurance…
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Easier? U.S. Department of Labor Publishes 146-Page Notice with Proposed Regulations to “Make it Easier” to Distinguish Employees from Independent Contractors
March 5, 2026
“The nine most terrifying words in the English language are ‘I’m from the government, and I’m here to help.'” — President Ronald Reagan, August…
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Don’t Paste the Attorney’s Letter Into ChatGPT: What HOA Boards and Managers Need to Know About AI and Legal Privilege
March 4, 2026
A federal court just ruled that conversations with public AI chatbots are not protected by attorney-client privilege. For HOA Boards and community managers, that…
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What the Government Shutdown Revealed about the Vulnerabilities of the National Flood Insurance Program
March 3, 2026
Last year’s federal government shutdown spotlighted a critical vulnerability to the availability of the National Flood Insurance Program (“NFIP”) and the ripple effects for…
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Pro hac vice in the North Carolina Business Court: Practical Requirements and Real Risks for Out-of-State Counsel
March 3, 2026
Out-of-state lawyers increasingly appear in matters before the North Carolina Business Court, but recent developments underscore that the Business Court expects strict compliance with…
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WOTUS 2025/2026: The Regulatory Pendulum Swings Again as Agencies Propose New Definitions
February 27, 2026
The Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) (together, “Agencies”) have returned with yet another iteration of the definition…
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Negating Attorney-Client Privilege: When AI Conversations Are a Privilege Bomb
February 25, 2026
A New York federal court just issued the first ruling to tackle head-on whether conversations with a public AI chatbot can be protected by…
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Does One Defendant’s Bankruptcy Derail My Entire Lawsuit?
February 24, 2026
Sometimes a business deal doesn’t work out, and the parties decide to see each other in court. What happens if during the lawsuit one…
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Supreme Court Strikes Down President’s IEEPA Tariff Authority: What Businesses Need to Know
February 20, 2026
Ed. Note: See additional material published Monday, February 23, 2026, at the conclusion of this article. In a landmark decision issued today in Learning…
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Community Association Reserve Funds in North Carolina: A Practical Overview
February 20, 2026
Properly managing reserve funds is one of the most important – and most misunderstood – responsibilities of a North Carolina homeowners’ association (“HOA”) or…
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Understanding and Responding to Licensing Boards
February 17, 2026
Receiving notice of a complaint or investigation from a licensing board is frightening for a professional. Responding can be challenging because the mere submission…
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To Be or Not to Be: When Using a Professional Entity Makes Sense
February 13, 2026
Selecting the right business structure is one of the most important early decisions a licensed professional makes when establishing or reorganizing a practice. In…
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Frequently Asked Questions About the Notice of Contract Mechanism for North Carolina Contractors and Subcontractors
February 10, 2026
Ed. Note: This was originally published in 2020 and has been revised and updated. This is part two of a two-part series. See part…
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Hands Up: Thrills and Chills of Labor Relations with the NLRB
February 6, 2026
At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Justin Hill and Hayley Wells, interviewed…
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The Notice of Contract Mechanism: How Contractors Can Avoid Double Payment
February 3, 2026
Ed. Note: This was originally published in 2020, authored by Jason Strickland, and has been revised and updated. This is part one of a two-part series. As…
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Coaster Showdown: The Non-Compete Dilemma
January 30, 2026
Three Ward and Smith attorneys provided context on the twists and turns of noncompete agreements by sharing the example of a hypothetical amusement park,…
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Supreme Court Confirms That State Affidavit-of-Merit Laws Don’t Apply in Federal Court
January 30, 2026
The Court’s decision in Berk v. Choy resolves a circuit split and adopts the approach the Fourth Circuit has had in place since 2021.…
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We Want Our Neighborhood Back: A North Carolina HOA’s Guide to Regulating Airbnb-Style Activity
January 27, 2026
Lively weekend crowds, overloaded parking areas, and unfamiliar visitors coming and going—these are some of the most common concerns in communities experiencing an influx…
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Top of the Wheel: A Conversation with North Carolina Labor Commissioner Luke Farley
January 23, 2026
At its annual Employment Law Symposium, Ward and Smith, P.A. invited North Carolina Labor Commissioner Luke Farley to share how employers can navigate the…
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How to Contest a Will in North Carolina: The Basics
January 20, 2026
We all know that a person can control who will own his or her property after death by signing a will. But when questions…
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Speed Circuit: Racing Through Today’s Top Labor Law Topics
January 16, 2026
At the recent Employment Law Symposium held by Ward and Smith, three attorneys from the Labor and Employment Law Group plotted a course through…
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The Fourth Circuit’s 2025 Bankruptcy Decisions: Section 524(g) Trusts, Jurisdiction over Solvent Debtors, and Good Faith
January 13, 2026
2025 brought remarkable clarity—and continuing controversy—to mass tort bankruptcies in the Fourth Circuit. The Court decided two landmark opinions on asbestos channeling injunctions and…
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Fast Pass Through the Employer’s Legal Landscape: Lap 2, The State of DEI
January 9, 2026
We continue our series of topics addressed during Ward and Smith’s Employment Law Symposium, focusing on the current state of DEI. X. Lightfoot, a…
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Class Certification in the Fourth Circuit: 2025 Year in Review and Key Takeaways for 2026
January 6, 2026
With 2025 behind us, we wanted to do a deep dive into the Fourth Circuit’s class certification decisions to see what we could learn.…
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Funny Brand Extensions and Trademark Translations
January 6, 2026
Marketing and advertising professionals are some of my favorite people to work with. They are often creative, innovative, witty, fun, right-brained thinkers. But, as…
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Fast Pass Through the Employer’s Legal Landscape: Lap 1
January 2, 2026
During Ward and Smith’s annual Employment Law Symposium, several firm attorneys provided insightful guidance on recent issues that are top of mind for many…
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Ward and Smith’s Top 10 Most Popular Articles of 2025
December 19, 2025
As we reflect on 2025, it’s time to highlight the articles that have most resonated with readers throughout the year. Ward and Smith attorneys…
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Trump v. Slaughter: The Supreme Court Signals a Possible Turning Point for Agency Independence
December 16, 2025
The Supreme Court hears about 75 cases per “term,” which runs from the first Monday in October until (often) sometime in late June. Most…
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Legal Risks in Horse Boarding Contracts Under North Carolina Law and How to Avoid Them
December 9, 2025
Operating a large boarding facility in North Carolina is rewarding and complex. Stable owners juggle the responsibilities of animal care, property management, staffing, and…
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Recent Changes to North Carolina’s Insurance Laws: Highlights That Businesses and Individual Policyholders Ought to Know
December 5, 2025
Recent updates to the North Carolina General Statutes in Chapter 58 (insurance) and to a portion of Chapter 42 (landlord and tenant) became law…
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What North Carolina Horse Boarding Operations Can Do When Owners Don’t Pay Board and Abandon Their Horse
December 2, 2025
Running a horse boarding business comes with its share of challenges. One of the most difficult situations is when a horse owner stops paying…
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ICE Enforcement Sweeps North Carolina: What Employers Need to Know
November 25, 2025
This past week, U.S. Immigration and Customs Enforcement (ICE) agents conducted coordinated enforcement operations across major cities in North Carolina, sparking public outcry, widespread…
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Portrait of a Bad Faith Bankruptcy
November 21, 2025
You have to work really hard to file a Chapter 11 case that gets dismissed from the jump. Bankruptcy courts tend to bend…
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North Carolina Licensing Board for General Contractors’ Recent Enforcement Priorities: Unlicensed Contracting
November 19, 2025
2025 is the 100th anniversary of the General Assembly’s establishment of the North Carolina Licensing Board for General Contractors (“NCLBGC”). Due to the shortcomings…
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Parental Alienation in North Carolina: What It Is and How to Combat It
November 14, 2025
While adapting to all of the changes that come when parents split, the last thing a child needs is to be put in the…
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The Rules of 1031 “Like Kind” Exchanges
November 11, 2025
A 1031 exchange is a tax-deferred exchange where a taxpayer sells one or more real estate assets held for productive use in a trade…
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Contract Smarter, Not Harder: Best Practices for Entering into and Managing HOA Vendor Agreements
November 7, 2025
In general, Homeowners’ Associations (HOAs) in North Carolina are responsible for managing, maintaining, repairing, and replacing common areas, as well as upholding community standards…
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Litigation, Insurance, and Business Losses: The Many Costs of Hiring Bad Drivers
November 4, 2025
For many businesses—whether delivering goods, transporting equipment, or simply sending employees on the road—hiring safe, reliable drivers is essential. But what happens when a…
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Friend or Fraudster: How a Contractor Scam Artist Drove a Company Into Bankruptcy
October 31, 2025
Property owners beware: that friendly contractor who becomes “like family” might just set you up for financial ruin. A recent decision from the United…
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Trick or Treat Contracts: Avoiding AI Vendor Horror Stories
October 29, 2025
Ed. Note: This is the fifth article in our series, “Conjuring Competitive Advantage: An AI Spellbook for Leaders,” focused on unlocking AI for business with…
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Can an Irrevocable Trust be Changed? A Guide for North Carolina Families
October 24, 2025
Irrevocable trusts are often viewed as rigid, permanent components of an estate plan designed to preserve wealth, minimize taxes, and protect assets. However, as…
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The Ethics Cauldron: Brewing Responsible AI Without Getting Burned
October 22, 2025
Ed. Note: This is the fourth article in our series, “Conjuring Competitive Advantage: An AI Spellbook for Leaders,” focused on unlocking AI for business with…
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Trick or Treat? Holiday Reminders for Employers
October 17, 2025
Temperatures are falling, which means holidays are approaching. For employers, there is one piece of good news: Halloween is on a Friday! Otherwise, buckle…
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From Pumpkin to Pie: Transforming Raw AI Potential into Results
October 15, 2025
Ed. Note: This is the third article in our series, “Conjuring Competitive Advantage: An AI Spellbook for Leaders,” focused on unlocking AI for business with practical…
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Order in the HOA: Tips for Conducting Compliant and Transparent Board Meetings
October 10, 2025
Running legally compliant and transparent board meetings is essential for successful operation of any community association (“HOA”). Compliance with an HOA’s governing documents helps…
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Building AI Guardrails: Keeping the Ghosts of Bad Governance at Bay
October 8, 2025
Ed. Note: This is the second article in our series, “Conjuring Competitive Advantage: An AI Spellbook for Leaders,” focused on unlocking AI for business…
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Depositor’s Remorse: How a Million-Dollar Deposit Became Bankruptcy Estate Property
October 3, 2025
When a company files bankruptcy, you can generally assume that funds in its bank accounts will be property of the bankruptcy estate. Exceptions are…
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Exorcising AI Myths: What’s Really Haunting Your Business
October 1, 2025
Ed. Note: This is the first article in our series, “Conjuring Competitive Advantage: An AI Spellbook for Leaders,” focused on unlocking AI for business…
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Mind the Gap: How Insurance Shortfalls Can Put Your Business at Risk
September 26, 2025
Many businesses assume that once insurance is in place, they are fully protected. In reality, policies often contain gaps where coverage is limited or…
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The Voice Behind the Brand: Who Owns What You Hear?
September 23, 2025
One of the best ways to pass the time driving to the mountains or beaches is a good podcast. Podcasting has created commercial and…
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Essential Strategies for North Carolina Creditors: Foreclosures, Fraudulent Transfers, and Piercing the Corporate Veil
September 19, 2025
Not every loan proceeds as planned. When borrowers default, understanding available legal options can mean the difference between recovery and writing off substantial losses.…
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Navigating Employee Political Speech: Key Considerations for Employers
September 16, 2025
The recent national attention following the fatal shooting of political commentator Charlie Kirk has intensified public debate about political expression, raising questions about what…
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HOA Elections: Guidelines for a Fair and Legal Process
September 16, 2025
Electing a board of directors is one of the most important functions the membership plays in a community association (“HOA”). The board of directors…
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Crossing the Bridge: Copyright Trolls
September 12, 2025
In today’s digital landscape, businesses of all sizes face an increasingly common threat: demand letters from firms specializing in mass copyright enforcement. Companies have…
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How to Amend HOA Bylaws and Covenants in North Carolina
September 9, 2025
Homeowners’ Associations (HOAs) play a critical role in managing residential communities across North Carolina. Their governing documents, specifically the Declaration of Covenants, Conditions, and…
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Data Security and National Security: Are You the Weak Link?
September 5, 2025
Why Federal Law Enforcement Believes Foreign Adversaries Can Harm the U.S. by Exploiting Your Tech and Data International cybercrime is not new. As a…
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Stay Ready So You Don’t Have to Get Ready: Initial Tips to Navigating OSHA Inspections
September 2, 2025
As maximum Occupational Safety and Health Administration (“OSHA”) penalties continue to increase on an annual basis, the importance of being prepared for an OSHA…
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Budget Stalemates, Helene Relief and Shrimp Trawling: The Themes that Shaped the 2025 Long Session of the NC General Assembly
August 29, 2025
The North Carolina General Assembly entered the 2025 Long Session in January, motivated to enact additional Hurricane Helene relief and a new state budget.…
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What to Do When Someone Steals Your Trade Secrets: A North Carolina Business Owner’s Action Plan
August 26, 2025
Your worst nightmare has become a reality: A former employee has taken your confidential information to a competitor. Maybe you’ve noticed unusual patterns in…
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Federal Appellate Court Enjoins NLRB Proceedings, Concluding the NLRB’s Structure Is Likely Unconstitutional
August 22, 2025
In Space Exploration Technology Corp. v. NLRB, No. 24-50627 (5th Cir. 2025) (“SpaceX”), the U.S. Court of Appeals for the Fifth Circuit affirmed a…
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Why Your Employees Are Your Biggest Trade Secret Risk (And What NC Business Owners Can Do About It)
August 19, 2025
In today’s digital workplace, protecting your company’s trade secrets has never been more challenging. While external cyber threats make headlines, the reality is that…
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A Recent Fourth Circuit Opinion Signals a Potential Shift in Preliminary Injunction Analysis
August 13, 2025
Attorneys practicing in the Fourth Circuit should take note of the Court’s recent published decision in American Federation of Teachers v. Bessent, No. 25-1282…
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Your Most Valuable Business Asset Might Not Be What You Think: Trade Secrets for NC Business Owners
August 12, 2025
In today’s digital age, your company’s most valuable assets might not be the equipment on your factory floor or the inventory in your warehouse…
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Who Wants to be a Director? Understanding Community Association Board Member Fiduciary Duties
August 8, 2025
Community associations are nonprofit corporations, governed by the North Carolina Nonprofit Corporation Act. The law provides that nonprofit corporations, including community associations, must “act”…
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Legal Considerations for Insuring an Equine Business: Guidance for Boarding Stables and Event Hosts
August 5, 2025
While passion and deep industry knowledge often fuel the operations of equine businesses—such as boarding stables, riding schools, and equine event venues—a healthy dose…
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Getting in the Weeds on Managing Cannabis Operations Risks Through Insurance
August 1, 2025
Having the proper risk management procedures, processes, policies, tools, and resources in place is critical for any business operation. This holds true across every…
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Blueprint for Growth: Construction Diversification Strategies for North Carolina Businesses
July 29, 2025
To help construction industry professionals expand their service offerings and gain a competitive advantage, Ward and Smith invited Stahler McKinney of FMI Consulting to…
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Hurricane Preparedness: Essential Legal Topics for North Carolina Business Owners
July 25, 2025
Hurricane season presents significant legal and operational challenges for North Carolina businesses. Whether it’s a hurricane hammering your business, floodwaters threatening your property, hail…
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Design-Build Requirements in North Carolina
July 22, 2025
Two Ward and Smith attorneys discussed essential design-build requirements in North Carolina, as well as some of the key advantages and disadvantages of this…
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One Big Beautiful Bill: How are North Carolina Tax-Exempt Organizations Affected?
July 18, 2025
The One Big Beautiful Bill Act (“Act”) has passed Congress and has been signed into law by President Trump. There are a host of…
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Construction Conversations: Rapid Fire Legal Update
July 15, 2025
Three Ward and Smith attorneys shared critical insights on an array of legal topics impacting the construction industry, including updates on the shifting landscape…
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Employer Wellness Programs – Legal Landscape of Staying Compliant
July 11, 2025
Employer-sponsored wellness programs are designed to promote healthier lifestyles through health screenings, fitness incentives, and/or lifestyle coaching. In recent years, such programs have become…
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Highlights of North Carolina Construction Legend’s Fireside Chat
July 8, 2025
In a forthright discussion moderated by Hank Harris, Director of Consulting for Ward and Smith’s Business Consulting team, two of the North Carolina construction…
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Promise, Peril And The Path Forward: Legal Industry AI
July 1, 2025
As an intellectual property and privacy attorney who has spent almost two decades at the intersection of law and technology, I have seen firsthand…
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Supreme Court Limits Scope of Nationwide Injunctions—Is Nationwide Vacatur Next?
June 30, 2025
In Trump v. CASA, the Supreme Court significantly narrowed federal courts’ power to issue “universal” or “nationwide” injunctions—broad orders that bar the government from…
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Long-Term Care and the Family Farm: Legal Planning to Preserve Agricultural Assets
June 27, 2025
For many farming families, preserving the family farm is a deeply rooted goal—and a legal challenge that becomes more complex with age. As the…
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Transparency in Homeowners Associations in North Carolina: The Good, the Bad, and the Risky
June 24, 2025
Community and homeowners’ association managers and board members often walk a fine line when it comes to transparency. While openness fosters trust among members,…
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The Art of Effective Disciplinary Documentation: A Practical Guide for Manufacturing Managers
June 20, 2025
Manufacturing managers regularly hear complaints about employee behavior that are difficult to address: “John is rude in meetings.” “Sarah has a bad attitude.” “Mark…
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Risky Business: What Lawyers Who Fight Insurance Companies Want You to Know About Your Business Insurance Portfolio
June 17, 2025
We are attorneys and don’t sell or broker insurance. Yet, we’re writing to alert business owners of a direct threat posed by a “set…
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More Than Dirt, Seed, and Tractors: Why Today’s Farms Need Real Strategy
June 13, 2025
Farming has always been hard work. But today, large-scale agricultural operations aren’t just production-focused—they’re complex businesses operating in a dynamic, heavily regulated environment. Sophisticated…
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Tick Tock, Tick Tock: Employers Face Final EEO-1 Component Filing Deadline
June 10, 2025
The clock is ticking for covered employers to submit EEO-1 Component 1 reports. The U.S. Equal Employment Opportunity Commission (EEOC) opened the 2024 EEO-1…
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The Economic Loss Doctrine: A Valuable Shield for Lenders
June 6, 2025
Lenders have likely encountered situations where borrowers push back against collection efforts. Sometimes, they may even accuse you of causing them harm through…
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Cyber Liability Insurance: Is It Worth It?
June 3, 2025
Cybersecurity incidents and cybercrime are on the rise in every sector of industry and against businesses and organizations of all sizes. In connection with…
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Why Wait? – Estate Planning for Young Families
May 30, 2025
Estate planning is often perceived as a concern only for the wealthy. Especially in the beginning stages of building a family, legal documentation is…
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How to Handle Pet Disputes in Community Associations
May 27, 2025
Earlier this year, in Red Rover, Red Rover, Come on Over? Understanding Pet Policies in Community Associations, we discussed the various types of pet…
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Dangerous Traps in the Fourth Circuit: Three Easy Ways to Lose an Issue on Appeal
May 23, 2025
One of the core competencies of a good appellate lawyer is spotting arguments that have been preserved. Whether you’re the appellant or the appellee,…
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The Changing Landscape of Unmarried Parents
May 20, 2025
One in four parents living with a child in the United States today are unmarried. Of these, 35% of all unmarried parents are living…
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Antitrust Compliance for North Carolina Construction Companies: Avoiding Legal Pitfalls
May 16, 2025
The construction industry has long been a target for antitrust enforcement. For construction company owners and managers, understanding antitrust laws and implementing effective compliance…
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NC Legislature Considers Comprehensive Hemp Regulation: What Businesses Need to Know
May 13, 2025
Three significant bills, Senate Bill 535, Senate Bill 265, and House Bill 607, have been introduced during the 2025 North Carolina legislative session, each…
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House Bill 47 Delays Effective Date for North Carolina’s New Building Code
May 9, 2025
Recent media coverage of the Hurricane Helene Mountain Recovery Bill left out a critical piece of news for construction industry stakeholders. House Bill 47…
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Preventing Trade Secret Theft: Proactive Strategies for In-House Counsel
May 6, 2025
Ed. Note: This is the last in a series of articles taken from Gavin Parsons’ CLE presentation for the North Carolina Bar Association’s Antitrust…
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Understanding Community Association Authority: Regulating Parking on Community Streets in North Carolina
May 2, 2025
As a community association manager or board member, few issues generate more headaches than parking regulations. When residents call to complain about their neighbor’s…
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Maximizing Recovery in Trade Secret Cases: A Guide to Damages and Remedies
April 29, 2025
Ed. Note: This is the fourth in a series of articles taken from Gavin Parsons’ CLE presentation for the North Carolina Bar Association’s Antitrust…
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Navigating Wetlands in Coastal North Carolina Real Estate Development
April 25, 2025
The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years.…
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Litigating Trade Secret Cases: A Strategic Guide for In-House Counsel
April 22, 2025
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…
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2025 USPTO Fee Changes Disproportionately Impact Hemp Businesses
April 17, 2025
Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) enacted a new trademark fee structure that affects fast-paced industries more than…
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Understanding Trade Secret Misappropriation: A Guide for In-House Counsel
April 15, 2025
Ed. Note: This is the second in a series of articles taken from Gavin Parsons’ CLE presentation for the North Carolina Bar Association’s Antitrust…
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Preserve or Perish: The North Carolina Supreme Court Reinforces Rule 50 Specificity in Vanguard Pai Lung v. Moody
April 11, 2025
In Vanguard Pai Lung, LLC v. Moody, No. 15A24 (N.C. Mar. 21, 2025), the Supreme Court of North Carolina delivered a cautionary message for…
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Trade Secret Protection in 2025: What In-House Counsel Need to Know
April 8, 2025
Ed. Note: This is the first in a series of articles taken from Gavin Parsons’ CLE presentation for the North Carolina Bar Association’s Antitrust…
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Basic but Important Considerations for Corporations—Both For-Profit and Non-Profit: Understanding Director and Officer Liability Insurance
April 4, 2025
Insurance commonly referred to in the insurance industry as “directors and officers” or “D&O” insurance is insurance that is payable to directors and officers…
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Understanding Liability Waivers for Equine Activities in North Carolina
April 1, 2025
A person’s participation in equine activities, such as horseback riding, training, and competitions, involves certain inherent risk due to the foreseeability of harm that…
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Privacy and Data Security in Community Associations: Navigating Risks and Compliance
March 28, 2025
Privacy and data security laws govern how organizations collect, handle, and protect personally identifiable information (PII) to ensure it is properly processed and protected.…
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Corporate Transparency Act Shakeup: Domestic Companies off the Hook, Foreign Entities Still Reporting
March 26, 2025
In a significant change to the Corporate Transparency Act (“CTA”), the Financial Crimes Enforcement Network (“FinCEN”) has announced that U.S.-based companies are no longer…
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First-to-File: A Game-Changer in US Patent Law
March 25, 2025
The shift in patent law from First-to-Invent to First-to-File came about over a decade ago, but still leaves many inventors scratching their heads. Is…
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New Workplace Policies Employers Should Consider
March 21, 2025
As the workplace landscape continues to evolve, employers must stay ahead of emerging challenges by implementing thoughtful and proactive policies. In 2025, three key…
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Entitled to Stay Relief? Prove it.
March 18, 2025
Bankruptcy is a headache for lenders. For example, you make a commercial real estate loan and record your deed of trust. The borrower pays…
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Maintaining Harmony: Best Practices for Enforcing Community Rules and Covenants
March 14, 2025
One of the most important roles a community association serves is garnering resident compliance for both community rules and declarations of covenants, conditions and…
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Corporate Transparency Act Enforcement Suspended Once Again!
March 11, 2025
On March 2, 2025, the U.S. Treasury Department announced it would not enforce any penalties or fines associated with the Beneficial Ownership Information (“BOI”)…
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Owning Real Property Near Military Bases: Considerations for Buying, Selling, and Developing Land in an AICUZ
March 7, 2025
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…
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Attention North Carolina Retailers: Time to Renew Your ABC Permits!
March 4, 2025
If your business sells alcohol in North Carolina, now is the time to renew or register your Alcoholic Beverage Control (ABC) retail permit. Failure…
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The Dollars and Cents of Separation and Divorce: Understanding Post-Separation Support and Alimony in North Carolina
February 28, 2025
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…
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Corporate Transparency Act Enforceable Again
February 21, 2025
On February 18, 2025, the U.S. District Court for the Eastern District of Texas in Smith, et al. v. U.S. Department of the Treasury, et…
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Restoring Western North Carolina’s Infrastructure: NCDOT Receives $250 Million in Federal Emergency Relief Funds
February 21, 2025
The Federal Highway Administration (FHWA) has announced an immediate allocation of $352.6 million in Emergency Relief funds to support recovery efforts following the devastation…
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Risky Business: Distressed Companies and Payments in the Shadow of Bankruptcy
February 18, 2025
Doing business with a customer in the shadow of bankruptcy is risky. A hallmark of bankruptcy law is equal treatment of similarly-situated creditors. The…
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When to Revisit Your Estate Plan
February 14, 2025
So the saying goes: “One year older, one year wiser.” But when does turning the page of the calendar warrant more paperwork than…
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The AI Royal Flush: The Five Foundations of Artificial Intelligence, Part 2
February 11, 2025
This is Part 2 of a summary of Ward and Smith Certified AI Governance Professional and IP attorney Angela Doughty’s comprehensive overview of the potential…
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The Five Foundations of Artificial Intelligence for In-House Counsel, Part 1
February 7, 2025
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…
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Red Rover, Red Rover, Come on Over? Understanding Pet Policies in Community Associations
February 4, 2025
Many community associations have restrictions that limit and/or prohibit pets. In general, as long as such restrictions are drafted clearly, the North Carolina Courts…
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Data Privacy Insights Part 2: The Most Common Types of Data Breaches Businesses Face
January 31, 2025
As part of Data Privacy Awareness Week, Ward and Smith is spotlighting the most common types of data breaches that businesses encounter. In Part…
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Data Privacy Insights Part 1: North Carolina Ranks High in Cybercrime Complaints
January 28, 2025
With Data Privacy Awareness Week underway, there’s a renewed focus on the importance of securing data. The FBI’s Internet Crime Complaint Center (IC3) report…
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On a Roll: Hot Topics for In-House Counsel
January 24, 2025
We explore several critical areas affecting businesses in our coverage of Ward and Smith’s 2024 In-House Counsel seminar. Initially, we examine anticipated tax policy…
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The DEI Stalemate: Paying the Price for the Wrong Move – Part 2
January 21, 2025
Three Ward and Smith attorneys described what can happen when a DEI initiative goes wrong, placing an organization in a legal stalemate with its…
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The DEI Stalemate: Paying the Price for the Wrong Move – Part 1
January 17, 2025
Three Ward and Smith attorneys described what can happen when a DEI initiative goes wrong, placing an organization in a legal stalemate with its…
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Key Employment Law Issues Employers Need to Watch in 2025
January 14, 2025
As the United States enters a new administration, changes in workplace regulations and enforcement priorities are on the horizon. For employers, this means staying…
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The North Carolina Board of CPA Examiners: A Licensed Professional User’s Guide
January 10, 2025
The North Carolina Board of CPA Examiners (“Board”) plays a pivotal role in ensuring the integrity and professionalism of the accounting field within the…
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Upping the Ante: New Rules and Regulations in Play for In-House Counsel
January 7, 2025
Four Ward and Smith team members delivered concise, actionable insights on projected governmental and policy changes resulting from the recent elections, the Corporate Transparency…
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The House Advantage: Wisdom from In-House Counsel
January 3, 2025
In a question-and-answer session moderated by Trip Coyne, a Ward and Smith attorney who previously served as the CEO of a multinational consumer products…
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Essential Reading for Employers: Labor and Employment Highlights of 2024
December 27, 2024
As 2024 draws to a close, we’re revisiting some of the standout articles written by our labor and employment attorneys this year. These…
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Corporate Transparency Act Update: Filing Requirements Reinstated
December 26, 2024
Editor’s Note: This article has been revised to include the latest updates regarding the Corporate Transparency Act (CTA). On December 26, 2024, the Fifth…
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A Year in Review: Ward and Smith’s Most Read Legal Insights in 2024
December 23, 2024
As we prepare to close out 2024, we’re taking a moment to reflect on the articles that captured the attention of our readers this…
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Community Associations Legislative Update: 2023 – 2024 Legislative Session
December 19, 2024
The North Carolina General Assembly finally concluded an extremely busy 2023-2024 legislative session on December 13, 2024. Several bills introduced during this session had…
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Part 2 in Heatwaves of Drama: A Case Study in “What Not To Do” for Southeastern HR Professionals
December 17, 2024
Ed. Note: Read Part 1 of Heatwaves of Drama Here Ward and Smith Labor and Employment attorneys presented an interactive case study during their…
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Part 1 in Heatwaves of Drama: A Case Study in “What Not To Do” for Southeastern HR Professionals
December 13, 2024
In the first installment of our two-part series covering Ward and Smith’s 2024 Employment Law Symposium, three Ward and Smith attorneys illuminated a variety…
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Some, But Not All: How the North Carolina Planned Community Act affects Pre-1999 Planned Communities
December 10, 2024
In 1999, the North Carolina General Assembly enacted the North Carolina Planned Community Act (“Act”) as Chapter 47F of the North Carolina General Statutes. …
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What’s in a Name Anyway? Trademark Basics for Community Associations
December 6, 2024
This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free…
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Legal Pause: Preliminary Injunction on Corporate Transparency Act Enforcement
December 4, 2024
On December 3, 2024, in the matter of Texas Top Cop Shop, Inc., et al. v. Garland, et al., the U. S. District Court…
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Securing Your Legacy: How Marital Estate Rights and Divorce Impact Your Estate Plan
November 25, 2024
Once married, spouses acquire a number of rights in and to the estate of the other spouse. Marital estate rights create the potential for…
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Death and Taxes for North Carolina Business Owners
November 22, 2024
Changing tax laws, political uncertainty, and the whole family at Thanksgiving can take us on a roller coaster ride of ups and downs. But…
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Reflections from the 2024 AJEI Summit: A Focus on Appellate Innovation and Integrity
November 20, 2024
Last week, I had the pleasure of attending the 2024 Appellate Judges Education Institute (AJEI) Summit in Boston, Massachusetts. The Summit was an enriching…
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Turning Back Overtime – Texas Judge Strikes Down Salary Threshold Increase
November 19, 2024
A federal judge in Texas struck down the U.S. Department of Labor’s (“DOL”) rule that drastically increased the minimum salary thresholds for bona fide…
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When Co-Parenting Fails: How Courts Decide Legal Custody Disputes
November 15, 2024
Ever make a decision by flipping a coin? It seems like a reasonable option to decide where to have dinner or which movie to…
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Weathering the Storm: How to Get Your Affairs in Order
November 12, 2024
In the aftermath of Hurricane Florence in 2018, I wrote this article to help individuals and families navigate the legal and financial issues that…
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Split Tickets and Some More of the Same: A 2024 North Carolina Election Recap
November 7, 2024
Across the country on Tuesday, November 5, Americans cast their ballots in one of the most closely contested elections in recent history. In the…
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And a Partridge in a Pear Tree: Navigating the Holidays as a Blended Family
November 5, 2024
When visions of the holidays danced in your head, I doubt that dream bubble floating above your head included a scene where you were…
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Your Neighbor’s Water Caused Damage to Your Property: Who Bears Legal Responsibility?
November 4, 2024
Over the last several years, the frequency and intensity of rain and other natural disaster events have increasingly impacted both business and individual property…
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Fiery Debates: Current Challenges in the Modern Workplace
November 1, 2024
Five Ward and Smith attorneys provided guidance on a number of legal issues with implications for the workplace, including politics, budgets and elections, Diversity,…
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Avoid the Hot Seat: An Interview with the NLRB
October 29, 2024
At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and Genesis Torres, interviewed…
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General Assembly Approves Second Round of Hurricane Helene Relief
October 25, 2024
On October 24th, The General Assembly convened in Raleigh to pass the second Hurricane Helene relief bill, Senate Bill 743. The House and Senate…
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Legal Showdown Continues: FTC Appeals Court Ruling Against Non-Compete Ban
October 24, 2024
In late August, the Federal Trade Commission (“FTC”) indicated that it likely would appeal the Texas District Court’s ruling, which blocked the FTC’s Non-Compete…
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Who Is Responsible for That Fallen Tree?
October 22, 2024
Many of us are dealing with damage caused by fallen trees in the aftermath of Hurricane Helene. In planned communities, the question of responsibility…
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Navigating the Skies: Why Drone Land Surveys May Violate Licensing Statutes, Not First Amendment Rights
October 18, 2024
It is widely understood that to engage in the practice of land surveying in North Carolina, one must have an appropriate license. Less widely…
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Three Cybersecurity Mistakes Small Businesses Make: A Data Privacy Attorney’s Perspective
October 15, 2024
In today’s digital landscape, where data and technology are integral to business, companies of all sizes are prime targets for cyberattacks. As privacy and…
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When is a General Contractor’s License Required for Emergency Remediation Services?
October 11, 2024
(Ed. Note: This article was originally published on January 10, 2020, and has been updated.) North Carolina has seen an increase in the need…
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North Carolina Passes First Helene Emergency Relief Legislation
October 10, 2024
On the evening of October 9, the General Assembly convened in Raleigh to pass the first of what we anticipate will be several Hurricane…
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Navigating the Aftermath of Hurricane Helene in Western North Carolina
October 9, 2024
We have compiled a series of past articles designed to help you navigate the aftermath of Hurricane Helene more effectively. From understanding insurance…
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Reopening Restaurants in Buncombe County after Helene: What We Know Today
October 9, 2024
Buncombe County’s Environmental Health Supervisor Felissa Vazquez met with local restaurant owners at 12 Bones Brewing on the morning of October 8, 2024, to answer…
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Lessons Learned: Wisdom from Professional Licensing Attorneys
October 8, 2024
Having been in the company of literally thousands of physicians, dentists, psychologists, nurses, and just about every other kind of health professional as…
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Political Season is Upon Us: Guidance for Navigating Political Sign Display in Community Associations
October 4, 2024
With federal and state elections less than forty-five days away, political signs are popping up in yards everywhere. Many community associations have restrictions in…
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Shocker! Fraudulent Transfer Leads to Judgment Against Transferee
October 1, 2024
The 16th Century gave plenty to the world – Leonardo da Vinci’s “Mona Lisa,” the Scientific Revolution, the Protestant Reformation, Michaelangelo’s “David,” and the…
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Marriage, Divorce & the Family Business: Protecting the Family Business from Divorce
September 27, 2024
One’s ownership in a closely held business (often a family business) may be affected by a separation or divorce. In many situations, the business…
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Interstate Licensing Compacts and Universal License Recognition for NC Healthcare Professionals
September 27, 2024
Individual state legislatures and the District of Columbia have traditionally determined the licensure requirements for professionals to practice in their jurisdiction. As a result,…
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Agritourism in North Carolina: Balancing Revenue Growth with Legal Compliance
September 24, 2024
Agritourism is now a vital part of the agricultural economy in North Carolina. More and more farmers are turning to agritourism as a way…
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A Short Refresher On Discrete Legal Issues During Natural Disasters
September 20, 2024
As they say, an ounce of prevention is worth a pound of cure. In that spirit, what follows are certain pay and leave issues…
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Amending Your Planned Community’s Declaration
September 17, 2024
The most common question community associations in planned communities (i.e., single, family homes) pose is, “How can we amend our declaration?” Of course, this…
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General Assembly Convenes to Provide Additional Funding for Private School Vouchers, Medicaid and Public School Enrollment Growth
September 13, 2024
This week, the General Assembly briefly reconvened for one of the Special Sessions authorized by the July adjournment resolution. Although legislative activity and bill…
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Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release
September 10, 2024
Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business…
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What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies
September 6, 2024
Congress created the National Flood Insurance Program (the “NFIP”) to help make flood insurance more affordable in areas prone to flood damage. FEMA oversees…
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Risk Reduction Strategies for Construction Contractors in North Carolina
September 3, 2024
An ounce of prevention is worth a pound of cure. Today’s construction environment demands a lot from contractors who are pulled in multiple directions…
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North Carolina Agritourism and Liability Waivers
August 30, 2024
Strengthening the bond between farm and table, agritourism flourishes in North Carolina as both the agribusiness and agriculture sectors buoy the state’s economy with…
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Recent Case Law Does Not Doom All Rental Restriction Amendments
August 22, 2024
The North Carolina Court of Appeals recently released two cases that raise the question of whether a covenant amendment containing rental restrictions may be…
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A Win for Employers: Judge Blocks FTC’s Non-Compete Ban Nationwide
August 21, 2024
On Tuesday, August 20, 2024, Judge Ada E. Brown, a United States District Judge for the Northern District of Texas, delivered a nationwide victory…
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The Perils of Over-Lawyering in Bankruptcy
August 16, 2024
For a lender in bankruptcy, the best situation is to be an over-secured creditor, meaning the value of your collateral exceeds your debt. A…
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What Are My Benefits? Decoding a Long-Term Disability Insurance Policy in North Carolina
August 13, 2024
To be insured against a loss or some other event, we pay premiums to an insurance company. If a loss or triggering event actually…
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A Few Things You Should Know in Case of Windstorm Damage to Your Home or Building
August 7, 2024
North Carolinians are on high alert, tracking weather patterns and prepping their homes and other structures for potential storms. Many know the importance of…
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The Chevron Doctrine Overturned: Implications for U.S. Regulatory Landscape
August 6, 2024
In general, courts—not the legislative or executive branches of government—interpret the law. But since 1984, the Supreme Court required federal courts to disregard their…
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Commercial Real Estate Sellers: Hire Your Own Attorney!
August 2, 2024
Does a seller of commercial real estate really need an attorney? I get asked this question often, and the resounding answer is “yes!” Often,…
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FAQ: What Medical Practices Need to Know Regarding Communicating with Patients via Telephone and Text
July 30, 2024
Every day, physicians, medical practice managers, and administrative professionals call their trusted attorneys with a “quick question” about the legality of a new approach…
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I Still Have Not Found What I Am Looking For: Finding the Right Records
July 26, 2024
Although a nonprofit corporation does not have to file an annual report, its members do have statutory inspection rights similar to those of the…
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Serving Up Compliance: How the Hospitality Industry Can Remain Compliant with Changing Laws and Regulations
July 23, 2024
The hospitality industry is a fast-paced sector that juggles a myriad of issues from high worker turnover to shortages of workers. In addition to…
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From Emerging Compounds to Forever Chemicals – Navigating Evolving Regulation of and Responsibility for PFAS in the Environment
July 19, 2024
Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks.…
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Companies Seeking Capital—Be Wary of “Consultants” Who Want to Help
July 16, 2024
A significant part of our corporate practice is advising clients who want to raise capital. For larger, institutional clients who attract the attention of…
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Artificial Intelligence and the Patent Application Process: A Synopsis of the Potential Benefits and Risks
July 12, 2024
The use of artificial intelligence (“AI”) tools in the patent application process gives rise to a vast array of risks and opportunities for…
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Understanding Grandparents’ Rights to Custody and Visitation of a Child in North Carolina
July 9, 2024
Grandparents may seek custody of, or visitation with, a minor child. However, custody and visitation, although often used interchangeably, are not synonyms under North…
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Should I Care About the Purdue Pharma Decision?
July 8, 2024
On June 27, 2024, the United States Supreme Court decided the Purdue Pharma appeal. In a five-to-four decision, the Supreme Court held that a…
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Defamation 101 for Community Associations
July 5, 2024
It is no secret that community associations and boards are subject to frequent scrutiny. Such scrutiny comes in many forms, including statements targeted at…
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What Landowners Need to Know About Solar Farm Leases in North Carolina
July 2, 2024
In 2007, the North Carolina General Assembly established the Renewable Energy Efficiency Portfolio Standards (“Standards”), which required that all investor-owned utilities in the…
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Cheers to this! Good News for the North Carolina Alcoholic Beverage Industry
June 29, 2024
Senate Bill 527: ABC Omnibus has been adopted by the North Carolina General Assembly and is heading to Governor Cooper for signature. This legislation,…
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It Just Got More Difficult to Qualify For Subchapter V Bankruptcy
June 28, 2024
Subchapter V of Chapter 11 of the Bankruptcy Code, which took effect four years ago, creates a more streamlined and less expensive Chapter 11…
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The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners
June 24, 2024
Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases.…
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The State Budget Showdown: House and Senate Budget Proposals Compared
June 21, 2024
During the 2023 Long Session, the General Assembly enacted a two-year budget to carry the state through June 30, 2025. While that budget remains…
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Breaking Up is Hard to Do: Practical Advice for Exiting an LLC
June 14, 2024
Cutting ties with business partners is a delicate and often complex process. Whether driven by irreconcilable differences, strategic shifts, or personal reasons, disengaging from…
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A Primer for Creditors Navigating the Bankruptcy System
June 11, 2024
Bankruptcy filings affect businesses across America. The Bankruptcy Code is complex and difficult to navigate. But when used properly, it can help creditors to…
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Navigating the National Practitioner Data Bank: A Guide for Healthcare Professionals
June 7, 2024
Few aspects of the healthcare regulatory apparatus evoke more confusion and dread for healthcare practitioners than the National Practitioner Data Bank (NPDB or Data…
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The Toils of Heirs Property and Agriculture in North Carolina
June 4, 2024
The farmland of North Carolina cradles not only agricultural abundance but also a significant legal challenge: heirs property (also commonly known as “heirs’ property”…
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Working with Your Family Law Attorney: Practical Tips for Surviving the Stress of Separation and Divorce
May 31, 2024
Multiple studies and respected authors agree – divorce is one of the most stressful life events any person can experience. After 34 years of…
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Can I Require a “True Up” in a Subchapter V Plan of Reorganization?
May 28, 2024
For creditors, it can be difficult to navigate the financial difficulties of your customers. It seems like it would only get worse in bankruptcy,…
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Leaving the Nest: Healthy Community Association Transition
May 24, 2024
In North Carolina, private developers establish community associations by planning, building infrastructure, developing lots, and organizing property owners or associations. Initially, developers have substantial…
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Closely Held Businesses: You Make the Plan, or a Plan Will Be Made For You
May 21, 2024
Who is the Better Planner for Your Affairs: You or the State? Planning for the succession of a closely held business is a lot…
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Navigating Easement Disputes in North Carolina
May 17, 2024
An easement is a right to make some specific use of land owned by another. Because easements involve the easement owner using land owned…
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Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations
May 14, 2024
Every employee hired is expected to be a team player and integrate into the employer’s culture to cultivate success. However, nearly all employers find…
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FTC: Three Enforcement Actions and a Ruling
May 10, 2024
In today’s digital landscape, the exchange of personal information has become ubiquitous, often without consumers fully comprehending the extent of its implications. The recent…
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Tax Treatment of the Sale of Social Club Assets Upon Liquidation
May 7, 2024
Since 1916, Congress has exempted from income taxation clubs formed to facilitate social interaction between its members. As a result, country clubs, hunting and…
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Easing the Burden: The Gift of Planning for Incapacity
May 3, 2024
Normal aging can be challenging, but caring for an aging family member with dementia is particularly difficult. Over the years, we have often seen…
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Decoding Success: A Discussion of the In-House Experience
April 30, 2024
In a question and answer session moderated by Ken Gray, leader of Ward and Smith’s Labor and Employment Practice Group, two in-house attorneys from…
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FTC Charges Forward with Sweeping Non-Compete Ban
April 24, 2024
On April 23, 2024, the Federal Trade Commission (“FTC”) narrowly voted (3-2) to issue a final rule banning almost all non-compete agreements nationwide. The…
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Raising the Rate: DOL Expands Overtime Protections to Millions of Workers
April 24, 2024
On April 23, 2024, the U.S. Department of Labor (“DOL”) announced a final rule that will increase the Fair Labor Standards Act’s (“FLSA”) minimum…
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Charging Order Limitations – You Can’t Charge What They Don’t Own
April 23, 2024
In North Carolina, a creditor who obtains a judgment against an individual with an ownership interest in a limited liability company or limited liability…
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Navigating the Homefront: A Guide to Handling Violations in Community Associations
April 19, 2024
Overview article from CAI Law Day Presentation by Madeline Lipe (W&S) and Carmen Clayton (CAMS – Community Manager). Every member of a community association…
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Collection Costs of a Non-Discharged Debt Also Are Non-Discharged
April 16, 2024
Bankruptcy offers debtors an opportunity for a “fresh start,” the primary draw for many individuals seeking to unburden themselves of their debt. A…
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Decoding the Recent Changes to North Carolina Code and Zoning Regulations
April 12, 2024
The North Carolina General Assembly made several significant steps during its 2023 legislative session to respond to the construction and development boom throughout the…
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Generative Artificial Intelligence for Legal Departments
April 9, 2024
In a recent presentation by Ward and Smith attorney Angela Doughty, in-house counsel received an overview of Artificial Intelligence (AI), how it can be…
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Don’t Disrespect the Receivership
April 5, 2024
A recent decision by the North Carolina Business Court highlights the risks of interfering with property that is part of a receivership estate. The…
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Wire-Fraud, Data Breach, and Phishing: A Live Action Role Play for In House Counsel
April 2, 2024
At the recent In-House Counsel Seminar, three Ward and Smith attorneys presented a realistic role play response to an incidence of wire fraud, addressing…
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A Swift Debriefing: Rapid Fire Legal Update
March 26, 2024
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…
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2024 North Carolina Primary Election Recap – Grassroots Candidates Show Strength in Numbers
March 19, 2024
As attorneys and professionals, Ward and Smith’s government relations team watches with keen interest those who are elected, or might be elected, to the…
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Be Sure to Insure: 10 Types of Business Insurance Coverage to Consider
March 15, 2024
When it comes to protecting your business, having the right insurance coverage is crucial, but how do you know what types of coverage you…
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740,000 Reasons to Think Twice Before Putting a Company in Bankruptcy
March 12, 2024
A recent decision from a bankruptcy court in Delaware provides a cautionary tale about the risks of involuntary bankruptcy. In the Delaware case, the…
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What is the Federal Trade Commission’s Combating Auto Retail Scams Trade Regulation Rule (CARS Rule)?
March 8, 2024
The Federal Trade Commission’s (“FTC”) new Combating Auto Retail Scams Trade Regulation Rule, known as the CARS Rule (the “Rule”), is a comprehensive initiative…
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“You Can’t Say That!” Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act
March 5, 2024
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,…
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Prescribing Professionalism: Avoiding Romance in the Medical Workplace
February 28, 2024
In the high-stress, life-or-death environment of the medical profession, Cupid’s love arrow can strike about as quickly as an infection. But before letting the…
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How Should Two or More People Own Property? Does It Matter?
February 26, 2024
When two or more people purchase property, they rarely consider how they should take title to the property, and this could be a big…
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Can You Feel the Love Tonight? Estate Planning for Couples
February 23, 2024
Let’s be honest. Legal documents are not written in anyone’s love language. On Valentines Day, we undoubtedly would prefer to exchange thoughtful presents, enjoy…
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Bankruptcy Destroyed My Perfect (Landlord-Tenant) Relationship!
February 20, 2024
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…
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Ensuring a Furry Future: Estate Planning for the Pets We Love
February 16, 2024
Pets are not just animals, they are cherished members of our families, providing unconditional love and companionship. That is why, as responsible pet owners,…
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Premarital Agreements and the “Voluntary” Signature
February 13, 2024
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…
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Who Will Take Care of My Horse When I Die?
February 9, 2024
“Want a stable relationship? Get a horse.” “Horses lend us the wings we lack.” “There is no better place to heal a broken heart…
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How to File for Divorce
February 6, 2024
Marriages may be dissolved by either party when the parties have continuously lived separately and apart for at least one year. However, you are…
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The Continued Attack on Non-Competes
February 2, 2024
Under California law, it has been the longstanding policy that non-compete restrictions are generally void and unenforceable, subject to narrow exceptions. At the end…
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Protecting Your Family Business for When Marriages End
February 2, 2024
Love may be eternal, but all relationships on this earth are guaranteed to end at some point. In fact, we know with certainty that…
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Condominium Governance: Unpacking the Implications of Alexander v. Burkey for Condominium Associations
January 29, 2024
Last month, the North Carolina Court of Appeals issued its opinion in the case of Alexander v. Burkey, 894 S.E.2d 291 (2023). The Court…
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Deciphered Insights: Labor and Employment Legal Considerations
January 26, 2024
Five Ward and Smith attorneys provided updates related to employment law, including non-compete agreements, unionization efforts, pregnancy laws, and overtime rules for exempt employees,…
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The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III
January 24, 2024
As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the…
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The Wait Is Over! The USDOL’s 2024 New Rule on Independent Contractor Classification Under the FLSA
January 19, 2024
On January 10, 2024, the U.S. Department of Labor (“DOL”) issued a final rule to provide guidance to employers in determining whether a worker…
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A Discharge Lesson Courtesy of the Worst Person in the World
January 17, 2024
Alex Jones, the despicable, chest-thumping, conspiracy-peddling radio host, for years, blabbered on his radio show that the Sandy Hook Elementary School shooting was a…
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FAQ: A Guide to Why and When You May Need an Insurance Counseling and Recovery Attorney to Review Your Insurance Policy
January 10, 2024
Insurance policies hold immense significance for business owners and professionals, as they can be a safety net for life’s unexpected curveballs and can also…
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What the “Biggest Holiday Inn in the World” Can Teach Us About Default Interest in Bankruptcy
January 5, 2024
When a borrower triggers a monetary default under a loan by failing to make required payments, most loan documents allow the lender to…
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New Year, (Potentially) New Rules?
January 3, 2024
Sometimes, the only constant is change. This New Year is no different. In 2023, we saw several developments in labor and employment law,…
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Top 10 Articles for Businesses in 2023
December 28, 2023
As we eagerly anticipate the New Year, it’s time to reflect on the most impactful articles that captured the attention of businesses in 2023.…
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Ward and Smith: Our Highlights of 2023
December 27, 2023
As we reflect on the past year, it’s evident that 2023 has been remarkable for Ward and Smith. We’ve welcomed new team members, launched…
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Top 10 Articles for Employers in 2023
December 22, 2023
Our Labor and Employment Group works hard to ensure our clients hear all the critical employment law news, trends, and insights. They know our…
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Ward and Smith Attorneys Reflect on the Impactful Work of the Community Associations Institute’s North Carolina Legislative Action Committee
December 21, 2023
In 2023, a torrent of proposed legislation targeted community associations and their management companies. In response, the North Carolina Legislative Action Committee (NC…
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Top 10 Most Popular Articles of 2023
December 20, 2023
As we approach the New Year, it’s time to reflect on the articles that have most resonated with readers throughout 2023. Ward and Smith…
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The NLRB on What Employers Get Wrong
December 15, 2023
At Ward and Smith’s recent annual Employment Law Symposium, two attorneys from the firm’s labor and employment group, Grant Osborne and X. Lightfoot, interviewed…
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Embracing Change: Strategies for Effective Legal Writing in the Digital Age
December 13, 2023
It’s no secret that judges in North Carolina’s state and federal appellate courts don’t reach for printed briefs much anymore (the Chief Judge of…
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Five Reasons Not to Sign a Real Estate Contract (Without Consulting an Attorney First)
December 8, 2023
Buying and selling commercial real property is expensive, starting with the price of the property and then adding the fees for inspections, insurance, recording,…
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Senior Savvy: Wise Owls Navigating Cyber Scams
December 6, 2023
As the relentless march of technology continues, scams have evolved into cunning traps, presenting a challenge to individuals of all ages. Among the great…
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An Interview with EEOC Director Tom Colclough
December 1, 2023
Attendees of Ward and Smith’s recent annual Employment Law Symposium received insights on key employment law developments in an interactive discussion between Emily Massey,…
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Budget Ratification: Understanding the Ghost of Budgets PAST When Preparing for the Future
November 29, 2023
It’s that time of year again. The holidays are upon us, and the end of the year is drawing near. As we reflect on…
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Did We Accidentally Create a Franchise?
November 22, 2023
Venturing into the world of licensing may allow business owners to dip their toes into brand expansion without plunging into the complexities and legal…
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Proactive Policies: Navigating Ethical Challenges and Legal Compliance for Employer
November 17, 2023
For employers, ethical issues can shake up every aspect of an organization. Scandals can be detrimental to an organization’s success and its public perception. …
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Your Insurer Is In Receivership – Now What? Receiverships in North Carolina
November 15, 2023
Some sectors of the insurance industry, like the property market, for example, have sustained significant financial losses that have resulted in an uptick in…
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WOTUS Whiplash 4.3: The Revision to the Revised Definition of “Waters of the United States”
November 10, 2023
The third major development of 2023 for defining “Waters of the United States” (“WOTUS”) has arrived. First, in early 2023, the United States…
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Examining Changes to North Carolina’s Law Governing Recovery of Attorneys’ Fees in Construction Lien and Payment Bond Disputes
November 8, 2023
Legal disputes arising from construction projects commonly involve lien claims (in the case of private construction projects) or payment bond claims (in the case…
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Off the Bench: Understanding the Name, Image, and Likeness (NIL) Arena
November 3, 2023
In an exclusive webinar produced by Ward and Smith, two attorneys coached participants through the changing landscape of Name, Image, and Likeness (NIL). In…
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Messy “Real Life” LARP: An Employer’s Accident Response Deconstructed for In-House Counsel
November 1, 2023
During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company’s reaction to a serious job site accident.…
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Navigating the Latest Employment Law Developments: What Employers Need to Know
October 27, 2023
Five Ward and Smith attorneys offered timely updates on religious accommodations, professional licensing, pregnancy laws, remote work, and independent contractor rules during the firm’s…
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The Corporate Transparency Act: Your Questions, Answered
October 25, 2023
Confused by what you’ve read about the Corporate Transparency Act? You’re not alone. Read on to learn what it is, who it applies to,…
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Plaintiffs Attorneys on What Employers Should Know Today
October 20, 2023
In a discussion led by employment law attorney Will Oden, two experienced North Carolina employment attorneys who represent employees shared insights on their respective…
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Purchases and Sales of an Incorporated Business: Asset Acquisitions and Stock Sales
October 18, 2023
There are two primary ways to structure the taxable purchase and sale of an incorporated business. The parties may engage in an asset acquisition,…
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Healthy Financial Planning: Factoring in the Rising Costs of Insurance Premiums
October 13, 2023
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…
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Trespassers? How to Protect Your Farm Against Unwelcome Strangers
October 11, 2023
Discovering unauthorized persons on your farm is a growing problem. Such unauthorized entry could include media news teams filming farm operations, environmental activists seeking…
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Understanding the Pitfalls of a Defense Health Agency (DHA) Investigation
October 6, 2023
Licensing issues can arise for any employee practicing in a profession overseen by a licensing board. While many licensed professionals generally understand the responsibility…
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Mo Money, Mo Problems? No Biggie for a Homeowner’s Association, Right?
October 4, 2023
Was your community association lucky enough to come in under budget last year? On the surface, this might appear to be a bonus, but…
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How Fast Can I Franchise? Hold On a Minute
September 29, 2023
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,…
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How to Get Your Own “Free” Private Investigator in Bankruptcy
September 27, 2023
Subchapter V of Chapter 11 of the Bankruptcy Code, which turned three earlier this year, created a more streamlined and less expensive Chapter 11…
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Disasters Take Many Forms – Preparing your Community Association for the Unexpected
September 20, 2023
Disasters, natural or otherwise, are usually unexpected and leave little time for advance action. Hurricanes, named storms, floods, fire, and even crime, are types…
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Off To The Races: NC Enacts Long Awaited Sports Wagering Legislation with Live Horse Racing
September 18, 2023
In June, North Carolina lawmakers approved legislation legalizing mobile and in-person sports wagering after a multi-year standoff that included the same legislation failing in the…
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The EEOC Issues a Proposed Rule Regarding the Pregnant Workers’ Fairness Act
September 15, 2023
On August 11, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Proposed Rulemaking (“NPRM”) to implement the Pregnant Workers Fairness…
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Summary of the Government’s “Elective Option” for Camp Lejeune Water Contamination Claims
September 7, 2023
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Gimme Shelter: General Trust Planning for Future Generations
September 6, 2023
Some are quick to dismiss asset protection trust planning as too complex or unnecessary. For those not in a “certain tax bracket,” this type…
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The Buck Stops with You: Artificial Intelligence, Employment, & Title VII of the Civil Rights Act
September 1, 2023
“I am putting myself to the fullest possible use, which is all I think that any conscious entity can ever hope to do.” –…
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One of These Things Is Not Like the Other: Proxies at Meetings, Written Ballots, and Electronic Voting
August 30, 2023
All community associations, at least annually, are faced with action items requiring a vote of their membership. For example, community association membership participation is…
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Gifts That Keep On Giving
August 25, 2023
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…
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UM/UIM Coverage: What It Is and Why You Need Enough of It
August 23, 2023
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…
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Got Employees? Understand the Benefits and Limitations of Employment Practices Liability Insurance (EPLI)
August 18, 2023
Employment practices liability insurance (commonly known as “EPLI”) coverage is a critical and necessary tool in any employer’s toolbox because such policies can help…
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Federal Dollars are Nice to Get, but Owners, Designers, and Builders Need to Watch Out for Those Strings
August 16, 2023
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…
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Camp Lejeune Justice Act One Year Later: The Path Forward Is Becoming Clearer
August 10, 2023
August 10, 2023, marks the first anniversary of the Camp Lejeune Justice Act, a pivotal legislation within the broader Honoring Our PACT Act. …
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NLRB Turning Up the Heat Over Employee Handbooks
August 8, 2023
In the midst of one of the hottest summers on record, the National Labor Relations Board (“NLRB” or the “Board”) is putting the heat…
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Is Your Estate Plan Past Due for a Check-Up?
August 4, 2023
Estate planning professionals help clients look ahead and anticipate future contingencies. By necessity, however, estate plans are crafted based on laws and circumstances existing…
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Just in the Nick of Time: Form I-9 Remote Inspections to Continue
August 2, 2023
On July 21, 2023, the Department of Homeland Security (“DHS”) announced a new final rule establishing a remote option for employers to inspect employee…
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Secured Lender Duffs Golf Course Valuation Hearing
July 28, 2023
In Chapter 11, value is king. Secured creditors have rights in proportion to the value of their collateral. When a secured creditor and the…
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Licensing and Permitting for Solar Panel Projects in North Carolina
July 26, 2023
Solar panel systems on residential homes have greatly increased in popularity over the last several years with the boom in renewable energy. This…
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I’m an Intellectual Property Attorney ‘In a Barbie World.’
July 21, 2023
As a child of the 90s, I cannot wait to experience the cultural phenomenon, the Barbie film. I frequently practice law at the intersection…
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Business over Breakfast: Health Care Legal Updates from our Spring Series
July 19, 2023
Several Ward and Smith attorneys shared legal updates related to the North Carolina Certificate of Need process, insights on professional licensing, and guidance on…
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Don’t Set It and Forget It: Taking Inventory of Your Insurance Should Be a Recurring Business Practice
July 14, 2023
Benjamin Franklin penned the oft-quoted phrase, “In this world, nothing is certain except death and taxes.” It is true that death and taxes are…
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Whistle Blown: Time Out on North Carolina Student Athlete NIL Deals
July 12, 2023
Earlier this year, the North Carolina High School Athletic Association (NCHSAA) approved a proposal to adopt a policy allowing name, image, and likeness (NIL)…
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NC Courts Step Into the Digital Age With E-Filing Rollout: A Look at the Progress
July 7, 2023
The rollout of a statewide electronic court filing system called Odyssey Integrated Case Management System, or Odyssey ICMS, is officially underway. For some attorneys…
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Economic Growth and Disclosure Laws: Financial Insights From the Annual Factoring Conference
July 5, 2023
Recently, I had the privilege to attend the 29th Annual Factoring Conference in New Orleans. This annual conference is a unique event presented by…
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SCOTUS Raises Bar for Employers Confronted by Employees’ Requests for Religious Accommodation
June 30, 2023
The U.S. Supreme Court, in a unanimous opinion issued yesterday in Groff vs. Dejoy, changed the standard that most employers must consider and apply…
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Employers, You Need to Replace Your Mandatory EEOC Poster
June 27, 2023
As of June 27, 2023, the Pregnant Workers Fairness Act (PWFA) is in effect. The PWFA requires covered employers to provide employees with reasonable…
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Attention Vacation Rental Companies: North Carolina Courts Create Reason to Review Procedures for Rental Agreements
June 26, 2023
Written rental agreements state the terms, conditions, and rules of a vacation home rental. The rental agreement may also contain important warnings and notices…
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Basic Estate Tax Planning For Married Couples: Opportunities For Use Of Estate Tax Exemptions
June 23, 2023
A primary goal of most married couples when contemplating basic estate planning documents is to ensure that the surviving spouse, and commonly, the couple’s…
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Seeking Shelter: Recession Implications for your Organization
June 21, 2023
In an interactive discussion led by Hank Harris, Director of Consulting for Ward and Smith Business Consulting, three attorneys shared their thoughts on the…
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Biden Administration Revitalizes and Advances the Federal Government’s Commitment to Environmental Justice
June 16, 2023
On April 21, 2023, the eve of Earth Day, President Biden continued his Administration’s spotlight on environmental justice issues by signing Executive Order 14096,…
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Student Loan Woes: How Marriage and Divorce Affect Student Loans
June 14, 2023
Student loans have become a familiar discussion among families and, more recently, a subject for debate between the federal government and the Courts. Knowing…
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Trademark Infringement is No Joke!: Jack Daniel’s Properties, Inc. v. VIP Products LLC
June 8, 2023
Today the U.S. Supreme Court ruled in favor of Jack Daniel’s in a dispute over a humorous squeaky dog toy called “Bad Spaniels.” The…
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AI: Legal Déjà Vu or Revolution?
June 7, 2023
As the Artificial Intelligence (AI) hype continues, you may feel a sense of déjà vu. But after attending the recent Corporate Legal Operations Consortium…
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Employers Take Note: New Laws Provide Protections for Pregnant and Nursing Employees
June 2, 2023
Editor’s Note: Article updated on June 1 to include guidance from the US Department of Labor Field Assistance Bulletin. The latest maternal employment protections…
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The Government Isn’t Moving Quickly to Compensate Camp Lejeune Water Contamination Victims
May 30, 2023
August 10, 2023, will mark the first anniversary that the Camp Lejeune Justice Act of 2022 (“Justice Act”) became law. The Justice Act allows…
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Senate Approves Budget on Bi-Partisan Vote, Setting Up Negotiations with Newly-Minted Supermajority
May 22, 2023
While much of the media attention was surrounding the override of Governor Cooper’s veto of Senate Bill 20 last week, on Thursday, North Carolina…
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Estate Planning With Limited Liability Companies: Transfers of Business Interests as a Planning Opportunity
May 19, 2023
Limited liability companies (“LLCs”) are used regularly in estate planning to achieve estate tax savings and to consolidate asset management. The first of these…
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Uncertainty for the North Carolina Pork Industry: US Supreme Court Upholds California’s Proposition 12
May 18, 2023
In a major decision with widespread impact, the United States Supreme Court upheld California Proposition 12. Proposition 12 is a California state law, adopted…
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NC Retail Permits Cancelled – But a Solution Is Available
May 11, 2023
As many of you know (and, perhaps, some do not) – the North Carolina ABC Commission recently canceled retail permits for businesses that had…
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Trail Magic: Social Media and Employment Agreement Live Action Role-Playing
May 10, 2023
Three Ward and Smith attorneys shared insights on the legal implications businesses should consider when entering into a promotional contract with a social media…
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Fourth Circuit Says “Do the Math” For Attorneys’ Fees Awards
May 5, 2023
In North Carolina, a loan agreement can require a borrower to pay attorneys’ fees upon default to reimburse the lender for collection expenses. The…
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Commentary on Franchising Myths from the FTC
May 3, 2023
Drive down almost any busy street, and you’ll see numerous examples of well-known franchises, from McDonald’s to Ace Hardware. You may have considered opening…
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Has Your Business Attorney Met Your Estate Planning Attorney?
April 28, 2023
Every business should have documentation that confirms its ownership, management, and governance structures. If the business has more than one owner, the documentation should…
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Civil Rights Claims: Bringing a Lawsuit under Section 1983
April 21, 2023
Know Your Civil Rights Nobody is above the law. Law enforcement and other government work is a high calling of service. People deserve to…
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Judges Get Age and Wage Boost in NC House Budget
April 19, 2023
Recently, my colleagues Whitney Campbell Christensen and Trafton Dinwiddie wrote about our State’s newest proposed budget. As an appellate attorney, there were two portions…
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WOTUS Whiplash 4.0: The Revised Definition of “Waters of the United States”
April 14, 2023
It’s that song in your head that you can’t stop hearing. On March 20, 2023, the 500-plus page final Revised Definition of “Waters of…
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Playing the Long Game: Preserving Issues for Appeal
April 12, 2023
Trials happen fast. Trial counsel are rightly preoccupied with preparing to give opening statements or closing arguments, preparing to examine or cross-examine witnesses, or…
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Pay Raises and Infrastructure Improvements: A Closer Look at the NC House Budget
April 5, 2023
North Carolina’s House lawmakers recently unveiled their proposed two-year spending plan for the state, well ahead of the traditional schedule. The proposed nearly $30…
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Stronger Together: Labor and Employment Update
March 31, 2023
In a seminar focused on recent updates to labor and employment laws, Will Oden, of Ward and Smith’s labor and employment practice group, provided…
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I am a Volunteer, so I am Protected, Right?: Understanding Director and Officer Liability Insurance for Community Associations
March 29, 2023
Community associations (“Associations”) act through their board members and officers, who are volunteers and are generally willing to serve because they care about their communities. …
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FAQ: A Guide to When You May Need an Insurance Counseling and Recovery Attorney for Your Insurance Dispute
March 24, 2023
Like a broken umbrella in a rainstorm, insurance disputes between an insurer and its policyholder can become a huge, inconvenient, and costly problem for…
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The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part II
March 17, 2023
The first article in this series explained the requirements under the FTC’s current Endorsement Guides that athletes must have “clear and conspicuous” disclosures to…
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No Discharge for Bonnie, No Discharge for Clyde.
March 10, 2023
The Bankruptcy Code generally allows a debtor to wipe out all pre-bankruptcy debts and get a fresh start in life. But not all debts…
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“It Ain’t Over ‘Til It’s Over” – Use Of A Funded Revocable Trust In Estate Planning
March 3, 2023
Revocable trusts can simplify asset management during life and facilitate and make private asset transfers at death. You may think that your estate planning…
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Confidentiality and Non-Disparagement Agreements with Non-Supervisory Employees: New Limitations from the NLRB
March 1, 2023
The National Labor Relations Board (“NLRB”) has recently declared a limit on parties’ contractual rights that many private employers (and, for that matter many,…
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When Can You Freeze and Seize a Judgment Debtor’s Bank Account?
February 24, 2023
What can you do to collect on a judgment, and when can you do it? And does it matter if you’re going after the…
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Riding the Rapids: Staying Afloat in the Legal Waters
February 22, 2023
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…
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On the Grid: Data and Privacy Protection Act
February 17, 2023
In a presentation by Ward and Smith attorney Angela Doughty, In-House Counsel Seminar attendees received an overview on a variety of topics relevant to…
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Take a Bite Out of the Estate Tax: Estate Planning with Life Insurance
February 8, 2023
In the movie The Pink Panther Strikes Again, Inspector Clouseau asks a hotel clerk standing near a dog whether his dog bites. The clerk…
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Whose Business is it Anyway? A Business Succession Case Study
February 3, 2023
Three Ward and Smith attorneys provided an overview of succession planning, estate planning, divorce, and the separation of assets. The seminar — A Business…
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The Design-Build Contract Blueprint: Exploring the Boundaries of Architectural Services for General Contractors
February 1, 2023
Do design-build contracts allow general contractors to perform as architects? Not directly. As design-build contracts grow in popularity, it’s important that general contractors, owners,…
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Digital Decision Making: Community Association Board of Directors Can Conduct Business Electronically
January 27, 2023
This year at the 2023 Community Associations Institute (CAI) Law Seminar in New Orleans, Louisiana, one breakout session focused on Boards of Directors conducting…
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Final(ly) Adoption by the US EPA of Revised Standards and Practices for All Appropriate Inquiries
January 25, 2023
The United States Environmental Protection Agency (“EPA”) adopted an updated standard of practice for Phase I Environmental Site Assessments on December 15, 2022. The…
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NC General Assembly Returns for 2023 Session with Unfinished Business
January 20, 2023
As the clock struck noon in Raleigh on January 11th, lawmakers and their families settled into the House and Senate Chambers at the North…
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When ABC, Inc. Buys the House Next Door and Next Door and Well, You Get the Idea
January 18, 2023
Scott D. Weiss, Esq. of Ortale Kelley Law Firm in Nashville, Tennessee, focused his lens at the Community Associations Institute’s (“CAI”) Annual Law Seminar…
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The Case of the Inexcusably Ignorant Refinance Loan
January 13, 2023
A recent decision from the North Carolina Court of Appeals illustrates the wrong way to refinance a loan. In Midfirst Bank v. Brown, a…
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What Say Ye, FTC: The FTC Deems Non-Competes Unfair Competition
January 11, 2023
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule that would ban non-compete agreements between employers and workers on the basis…
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Marriage, Divorce & The Family Business: Is What Is Mine Really Yours Too?
January 6, 2023
North Carolina’s equitable distribution laws provide the framework for determining how property will be valued and divided when one or both partners in a…
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Are Your Retirement Accounts SECURED? Action Steps for Plan Participants and IRA Owners
January 4, 2023
Passed by Congress in late 2019, the SECURE Act contained the most significant changes to qualified retirement plans (QRPs) and IRAs since the Pension…
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Deed Warranties and Why They Should Matter To You
December 28, 2022
You’re negotiating to buy a piece of real estate and your attorney tells you that the seller is proposing to give you a “Special…
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Media Mention: Jason Strickland’s Article Featured on NASBP Blog
December 22, 2022
With disputes in the construction industry often involving complex contracts, communication can be make-or-break. The National Association of Surety Bond Producers (NASBP) recently featured…
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Aiming Higher: Construction Industry Economic Update
December 21, 2022
Hank Harris, Director of Consulting of Ward and Smith Business Consulting, shared insights on the current state of the construction industry and tips for…
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“I Always Feel Like, Somebody’s Watching Me”: How the NLRB General Counsel Proposes to Curtail Employer Surveillance
December 16, 2022
On October 31, 2022, National Labor Relations Board (“NLRB”) General Counsel, Jennifer A. Abruzzo, published a memorandum outlining a new framework she intends to…
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When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community
December 14, 2022
“I will just combine my two lots into one, then I only have to pay one assessment but I’ll still have two votes, right?”…
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Brisk Briefings: Quick Hitter Legal Updates
December 9, 2022
At their recent Construction Conversations and Closely Held Business Briefing event, several Ward and Smith attorneys provided an overview of privacy and data security,…
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Beware of Procedural Pitfalls in HOA Foreclosures
December 7, 2022
Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner’s property and foreclose on that…
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Does Your Organization Use Non-Compete, Non-Solicitation, and Nondisclosure Provisions? Employer Best Practices for Restrictive Covenants in NC
December 2, 2022
It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships. For…
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Time is of the Essence: A Conversation with the EEOC
November 30, 2022
Participants in Ward and Smith’s Employment Law Symposium received updates on topics important to the EEOC, from jurisdictional issues and governmental agency partnerships to…
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New Day, Same Story: FDA Issues Additional Warning Letters for Sale and Marketing of Hemp-Infused Human and Animal Products
November 23, 2022
This week, the U.S. Food & Drug Administration (FDA) posted warning letters to five hemp companies for, in the words of the FDA, “illegally…
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The Roadmap to Successful DEI Initiatives in Organizations
November 18, 2022
Two Ward and Smith attorneys and Luaskya Nonon, the Deputy General Counsel and DEI Task Force Chair for Toshiba Global Commerce Solutions, shared insights…
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Best Practices For Homeowner Association Directors and Boards
November 16, 2022
Approximately 74.1 million Americans reside in a subdivision, condominium complex, or other planned community that is administered by a community association. Community associations are…
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Boldly Go: A Day in the Life of Human Resources
November 11, 2022
Two Ward and Smith labor and employment attorneys evaluated a real-life scenario many employers face while managing employees in the modern business environment. The…
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Red Wave, or Not So Much? A North Carolina Midterm Election Recap
November 9, 2022
NC Republicans Capture Key Judicial Races, Earn a Supermajority in NC Senate but Ultimately Fall Short on a House Supermajority When North Carolinians awoke…
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Responding to an Investigation of the North Carolina Medical Board
November 9, 2022
There are few things as critical to a physician as his or her medical license. The North Carolina Medical Board (“Board”) is mandated by…
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Lawful Use of Cannabis in North Carolina’s Workplace
November 4, 2022
The employer/employee relationship is among the most regulated. There are many (some argue too many) federal and state laws that govern how employers may…
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Foreclosure Warning: Property Possessed but Not Owned by a Debtor May Be Subject to the Automatic Stay
November 2, 2022
Creditors know that a bankruptcy petition automatically halts efforts to collect pre-petition debts from the debtor outside of bankruptcy. The “automatic stay” provides fundamental…
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The Nursing Board is Investigating Me, What Should I Expect?
October 28, 2022
The North Carolina Board of Nursing (“NCBON”) is empowered by law to regulate the practice of nursing in order to provide safe nursing care…
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No One Knows What It Means, But It’s Provocative: The USDOL’s Latest Independent Contractor Test
October 21, 2022
On October 13, 2022, the United States Department of Labor (“DOL”) published its proposed rule (the “Proposed Rule”) for determining whether a worker should…
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In Foreclosure, Your Attorney Can Be Counsel or Trustee, But Not Both
October 19, 2022
Five years ago, the General Assembly amended the foreclosure statute to prohibit an attorney who serves as trustee or substitute trustee from representing the…
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Will I Lose My Other Benefits? The Potential Impact of a Camp Lejeune Water Contamination Claim
October 19, 2022
Editor’s Note: As of October 19, 2022, the Navy has updated its website with the following information: Claims filed with the TCU do not…
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“Reading the Riot Act”—Why Notice and Opportunity to Cure Matter
October 14, 2022
Those of us of a certain age recall the phrase “reading the Riot Act” as a stern warning or dressing down. Someone chewed out…
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For Licensees, Understanding the NC Department of Insurance’s Mission is Mission Critical
October 12, 2022
Knowing the legislative mandate (i.e. the mission) of a licensing body is a crucial step in understanding its scope of authority to govern the…
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October Is National Disability Employment Awareness Month
October 7, 2022
Observed annually each October, National Disability Employment Awareness Month (NDEAM) “celebrates the contributions of America’s workers with disabilities past and present and showcases supportive,…
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“But We Were Just Negotiating:” Understanding When A String Of Communications (Even Emails) May Establish a Binding Contract
September 30, 2022
Techlaw: Parties negotiating the terms of a deal must understand when the negotiating stops and a binding contract has been created, even if there is…
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The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part I
September 28, 2022
Our colleague Clint Cogburn recently wrote an article discussing the guidance provided by the NCAA’s Interim NIL Policy, released in May 2022. But the NCAA…
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How an Estate Plan Can Protect Against Financial Exploitation
September 22, 2022
I suspect that many of you, like me, have deleted an email from a friend that says he is away on a trip and…
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Clear as Mud: What Diseases are Covered by the Camp Lejeune Justice Act?
September 19, 2022
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…
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A Primer on Mediation in North Carolina’s State and Federal Courts
September 16, 2022
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…
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Stormwater Permits: Preventing Your Owners Association From Getting Stuck with Unnecessary and Potentially Large Expenses
September 14, 2022
Developers in North Carolina must obtain numerous permits from various governmental agencies before constructing a planned community or developing condominiums. Most construction permits end…
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NCAA Name, Image, and Likeness Guidance for Businesses and Boosters
September 9, 2022
The world of Name, Image, and Likeness (NIL) has exploded onto the scene and taken college athletics by storm. The impact of NIL on…
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Where Can Your Company Be Sued? The Basics of Personal Jurisdiction
September 7, 2022
In recent years, the United States Supreme Court has issued two opinions, in the cases of BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co.…
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Updates to North Carolina’s Assumed Business Name Law—Are You Ready?
August 31, 2022
First, what is an Assumed Business Name? An assumed business name, often referred to as a “fictitious name,” “DBA,” or “doing business as” name,…
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Real Estate Leases in the Hemp and Cannabis World
August 24, 2022
The last several years have seen hemp and cannabis journey from their traditional treatment as substances controlled at the state and federal levels, on…
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Labor Unions and “Protected Concerted Activity:” What Private Employers – Unionized or NOT – Need to Know in 2022
August 19, 2022
Employers, it seems, can’t catch a break these days. They build businesses. They take risks. They face increasing supply costs, supply-chain problems, interest rates,…
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Virtual Meetings for Nonprofit Corporations: During the Post COVID-19 Era
August 17, 2022
The COVID-19 pandemic catapulted the new normal of virtual meetings into our day-to-day lives. In order to adapt to this new normal, nonprofit corporations…
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Honoring Our PACT Act Signed Into Law: Camp Lejeune Water Contamination Lawsuits Move Forward
August 10, 2022
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Teamwork Can Sometimes Make the Dream Work: How to Properly Maintain the Protections of Common Interest Doctrine in North Carolina
August 5, 2022
Parties to a lawsuit often find themselves on the “same side of the courtroom” as other entities or individuals. In these instances, where a…
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So You Want to Start a Business? 10 Legal Steps to Create a Successful Business Entity
August 3, 2022
Once you have a business idea, creating a business entity may seem daunting from a legal standpoint. However, setting up your business with thoughtful…
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Estate Planning Considerations That Apply to Nearly Everyone
July 29, 2022
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…
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Fireworks, Hot Dogs, and Bankruptcy?
July 26, 2022
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…
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Be Mindful of Income Tax in Estate Planning, Particularly Basis
July 22, 2022
Avoidance of estate taxes is one consideration in estate planning. Under current law, however, estate tax issues generally affect only the wealthiest 1% of…
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Can actions be inadvertent and intentional simultaneously? For automatic stay violations, the answer is “Yes.”
July 20, 2022
Creditors know that when a debtor files bankruptcy, the “automatic stay” prohibits further collection activity to give a debtor breathing room to reorganize his…
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Update to EEOC’s Position on Mandatory COVID testing
July 18, 2022
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…
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“Generation-Sharing” – Tax Planning That Benefits the Entire Family
July 15, 2022
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…
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No Closure on Pay Disclosure: How Pay Transparency May Affect Your Company
July 14, 2022
Over the past two years, pay transparency laws have quickly spread and become a topic of state legislatures nationwide. As pay transparency laws continue…
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Burning at Both Ends: NC General Assembly Keeps Hemp Legal With Last Minute Vote
July 12, 2022
Before the North Carolina General Assembly wrapped up the effective end to their 2022 Long Session late last month, lawmakers enacted critical legislation –…
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Going Once, Going Twice, Sold: Real Time Bidding Data Privacy Breach
July 8, 2022
The ongoing massive data breach in the world of advertising: real time bidding (“RTB”). You likely are, or have been, a target of RTB…
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Installation and Use of Solar Power Systems in North Carolina
July 6, 2022
Approximately twenty-five percent of North Carolinians live in a planned community where the restrictive covenants are administered by a homeowners association (“HOA”). If you…
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Joint Trusts: A Useful Tool for Some Married Couples
July 5, 2022
Though not a silver bullet for every situation, in appropriate circumstances, a Joint Revocable Living Trust (“Joint Trust”) can provide a married couple with…
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Corporate Bad Behavior Is Not Dischargeable Under Subchapter V
July 1, 2022
If a business engages in bad behavior like intentional interference with contract and tortious interference with business relations, then it may not use Subchapter…
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Responding to a Complaint to the Medical Board
June 29, 2022
Receiving a letter from the North Carolina Medical Board (the “Board”) that a complaint has been filed against you is distressing. It often provokes…
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Subchapter V Debt Ceiling Restored to $7.5 Million
June 23, 2022
In a welcome feat of bipartisanship, Congress passed a bill to restore the Subchapter V debt limit to $7.5 million, and President Biden signed…
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The Intersection of the Bipartisan Infrastructure Law and Davis-Bacon Act Requirements for Federal Contractors and Subcontractors
June 17, 2022
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…
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Cyber Threats, Creativity, and Growth: Recapping the 2022 Annual Factoring Conference
June 15, 2022
Last month, I attended the 28th Annual Factoring Conference presented by the International Factoring Association (IFA) in Boston. This is the world’s largest conference of…
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New Law Limits Broad Form Lien Waivers in Construction Projects
June 10, 2022
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…
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Making a Difference: Charitable Trust Planning
June 8, 2022
The past few years have exposed a lot of needs in our communities, and many of us feel even more compelled to give back…
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Community Association Restrictions Last Forever … Right? Community Association Restrictions and the Confusion Surrounding Tax Sales
June 3, 2022
It may be hard to believe, but community associations (“Associations”) occasionally deal with property owners who do not think they are required to pay…
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“My Lawyer Made Me Do It” is Not an Absolute Defense to Bankruptcy Court Sanctions
May 31, 2022
Last year, we offered a lesson and a moral from a North Carolina district court decision reversing a $115,000 sanctions order by a North…
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It’s About Time: Federal Court Addresses Delta-8
May 26, 2022
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…
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Alternatives to Registering a Security Offering
May 20, 2022
There are many ways for a company to raise capital. Two common ways are for the principals to inject their own cash or arrange…
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Back to Work: NC Lawmakers Gear Up for the 2022 Short Session
May 18, 2022
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…
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Mamas: Are Your Ducks in a Row?
May 11, 2022
To all my fellow Moms, Mommies, and Mamas: Hopefully, you were able to rack up some quality To-Do-List-Free time in honor of Mother’s Day. …
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Not So Fast: Limits of “Settlement Negotiation” Protections
May 6, 2022
Understanding How and Why “Settlement Negotiations” May Be Used Against You To promote honest and open discussions in resolving disputes, courts have adopted rules…
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Even Indirect Income from Cannabis Can Get You Banned From Bankruptcy
May 4, 2022
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…
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Balancing the Public Good against Barriers to Entry in Professional Licensing
April 29, 2022
For much of the last decade, North Carolina lawmakers have explored the concept of removing barriers to entry in a variety of professions and…
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“On-Call” Time in Healthcare Settings: What Is It? When Do You Have To Pay for It? What if You Get It Wrong?
April 27, 2022
You may understandably think that everything about this subject has been resolved long ago. But you would be wrong if you do. The…
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When Is a Deal a Deal?
April 22, 2022
Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain…
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Data Privacy Part 2: You’re Sharing Too Much
April 20, 2022
Ed. Note: This is Part 2 of 2 in a series. We live in an age where our digital footprint is forever preserved. Even…
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The Third Chair: Engaging Appellate Counsel Early To Improve Outcomes at Trial
April 13, 2022
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…
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How a Setoff Right Led to a Creditor Fight
April 8, 2022
A recent decision from the North Carolina Court of Appeals teaches a valuable lesson about how a creditor with the upper hand against another…
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North Carolina Licensing for General Contractors: Licensure of Joint Ventures
April 6, 2022
Joint ventures are a common method of undertaking construction projects in North Carolina. Through a joint venture, two companies can pool their resources and…
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Data Privacy Part 1: The New Currency Businesses Should Protect and Here’s How
April 1, 2022
This is Part 1 of 2 in a series. Data is king in today’s digital economy. The estimated net worth of this global data…
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Debt Ceiling Shrinks for Small Business Bankruptcies
March 30, 2022
Subchapter V of Chapter 11 of the Bankruptcy Code, which took effect in February 2020, creates a more streamlined and less expensive Chapter 11…
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The Trademark Modernization Act
March 25, 2022
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…
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The Application of North Carolina’s Economic Loss Rule to Commercial Construction Projects
March 18, 2022
This article addresses recent developments in North Carolina law regarding the economic loss rule, explores the application of the economic loss rule to commercial…
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That’s a Wrap: NC General Assembly Ends Longest Session in State History
March 16, 2022
Leaders of the North Carolina General Assembly signaled the effective end of the 2021 Long Session last week with the passage of SJR748, adjourning…
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Make Estate Planning a Point of Focus in 2022
March 11, 2022
Spring is nearly here, and for most people, this new season brings a sense of revival and motivation. Even if your 2022 New Year’s…
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Takeaways from the 2022 Industrial Hemp Summit
March 9, 2022
Ward and Smith’s Hemp and Cannabis Law attorneys recently attended the fifth annual Industrial Hemp Summit. After another year of adjustments and uncertainty caused…
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The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 2
March 4, 2022
Ed. Note: This is Part 2 of 2 What’s in a name? Beer names can be funny, creative, and whimsical. But with the growing…
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Environmental Justice 101: Leveling the Playing Field in the Permitting Process
March 2, 2022
The concept of “environmental justice” (or “EJ” among environmental practitioners) is not new. It developed in response to the inordinate number of industrial facilities…
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The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 1
February 25, 2022
In addition to all its natural beauty and opportunities for outdoor recreation, Western North Carolina has more lately become known for its abundance of…
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Dust Off Your Template Employment Agreements
February 23, 2022
Ed. Note: This article was updated to reflect President Joe Biden’s recent signing of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment…
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Preliminary Injunctions and Temporary Restraining Orders—What Are They?
February 18, 2022
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…
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HIPAA for Labor and Employment Attorneys: What you Need to Know
February 11, 2022
In their law practices, attorneys can regularly handle sensitive patient information that’s protected under the Health Insurance Portability and Accountability Act (HIPAA). Lawyers have…
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More Bad News for Non-Debtors Seeking Releases in Chapter 11
February 9, 2022
In January, we wrote about the Purdue Pharma mega-bankruptcy. A United States District Court in New York vacated Purdue Pharma’s confirmed Chapter 11 plan,…
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Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters
February 4, 2022
Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events. How communities deal with these…
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Getting Rid of the Misnomer: The Risks Behind the Term “1099 Employee”
February 2, 2022
While many employers use the term “1099 employee” as a means to distinguish independent contractors from the company’s W-2 employees, no such term exists…
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Land Use and Zoning Basics for Community Associations
January 28, 2022
Recently, I detailed a variety of land use laws and land use regulations pertinent to community associations and community association managers. The webinar, which…
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Rapid Fire Legal Update on Tax Provisions, E-Discovery, Lobbying Issues, and ADA Compliance
January 26, 2022
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…
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Inside Out: Employment Law LARP
January 21, 2022
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…
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Buying and Selling Real Estate in the Community Associations Universe
January 19, 2022
Community associations (“COAs”) are not typically thought of as property owners outside of perhaps the clubhouse, pool, or tennis courts. However, COAs can and…
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Split Decision: SCOTUS Stays OSHA ETS, While Upholding CMS Vaccine Mandate
January 13, 2022
On January 13, 2022, in a 6-3 per curiam opinion in NFIB v. OSHA, the United States Supreme Court ordered the OSHA ETS be…
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Upside Down: Privacy and Data Security LARP
January 12, 2022
A Ward and Smith attorney, Information Technology professional and Privacy Officer outlined a variety of best practices and tips for businesses dealing with data…
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Who Gets Released in Chapter 11?
January 7, 2022
In Chapter 11, a business or individual seeks to confirm a plan of reorganization that – upon compliance — will release it from liability…
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“Key Legislative Limits to Nuisance-Based Attacks on the Right to Farm Live on.”
January 5, 2022
The North Carolina Chamber of Commerce, through its “Ag Allies: Landscape-Shifting Legal Developments” webinar on August 18, 2021, featured North Carolina’s Right to Farm…
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Déjà Vu: Sixth Circuit Court of Appeals Dissolves Stay of OSHA COVID-19 “Emergency Temporary Standard” for Large Employers
December 20, 2021
Robert F. Kennedy, Jr. observed that democracy is messy and hard. The serial legal battle over COVID-19 and what the federal government can and…
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Current Legal Trends in Healthcare
December 17, 2021
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…
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Responding to the NC Board of Dental Examiners
December 10, 2021
So, you are a licensed dental professional and you have just received formal notice from the Board of Dental Examiners informing you that a…
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Construction Conversations around the Licensing Board, Liens, and the Supply Chain
December 8, 2021
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…
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Healthcare Highlights: Cyber-Security, Licensing Board Issues, and Employer COVID-19 Regulations
December 3, 2021
Recently, several Ward and Smith attorneys held a Health Care Breakfast and Learn to provide insights on the healthcare industry relevant to their…
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North Carolina’s First State Budget Since 2018 Delivers Great News for Businesses, Teachers, State Employees & Ward and Smith Clients
November 19, 2021
After months of wrangling over policy and money, Governor Roy Cooper (D) and the General Assembly’s Republican leadership have agreed to implement North Carolina’s…
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The Extortion Economy: North Carolina’s New Legislation to Counter Ransomware
November 18, 2021
On Tuesday, November 16, 2021, Governor Cooper announced his intention to sign a new $25.7 billion budget for the state of North Carolina, essentially…
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Once More, with Feeling: Fifth Circuit Re-Affirms Stay of ETS and Then Loses Jurisdiction of the Case
November 16, 2021
Litigation usually proceeds at a maddeningly glacial pace. Not this time. The Past The Occupational Safety and Health Administration’s (“OSHA”) well-publicized and controversial Emergency…
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Can I Hold a Debtor’s Bank Account Hostage?
November 10, 2021
For creditors dealing with debtors in the shadow of bankruptcy, a common scenario repeats itself. The creditor repossesses collateral, attaches an account, or sets…
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U.S. Court of Appeals Puts Brakes on OSHA COVID-19 “Emergency Temporary Standard”
November 8, 2021
It’s a case of “Get Ready, Get Set … Wait!” On Saturday, November 6, the U.S. Court of Appeals for the Fifth Circuit, in…
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OSHA Issues Long-Awaited COVID-19 “Emergency Temporary Standard”
November 5, 2021
Good (and Not So Good) Things Come to Those Who Wait Yesterday, the Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of…
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Talking Shop: State of the Construction Industry
November 5, 2021
This article is part of a series summarizing key topics discussed at Ward and Smith’s 2021 Construction Conversations Webinar. Recently, Hank Harris, Ward and Smith…
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A Paradigm Shift in Consumer Collections: How the CFPB’s Final Rule is Certain to Affect Creditors and Debt Collectors
November 3, 2021
The Fair Debt Collection Practices Act (FDCPA) is a dense federal statute that governs debt collection. If you have read some of my previous…
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Do a Double Take: Unraveling OSHA’s New Emergency Temporary Standard
October 29, 2021
This is article is part of a series summarizing key topics discussed at Ward and Smith’s Fall Employment Law Update Webinar. Several Ward and Smith attorneys…
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State Legislation That Raises Our Spirits
October 27, 2021
Any spirit raising is a welcome one during the time of COVID. As attorneys representing breweries, wineries, distilleries, retailers, and countless other businesses working…
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Knock Your Socks Off: A Conversation with EEOC Leaders
October 22, 2021
This is the first in a series of articles summarizing key topics discussed at Ward and Smith’s Fall Employment Law Update Webinar. Mandatory vaccinations,…
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Government Relations and Employment for the NC Construction Industry
October 20, 2021
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…
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Delta-8 THC: More Risk than Reward
October 15, 2021
Hemp product producers and sellers must consider a large number of legal and regulatory compliance risks each day. Are their inputs and plant material…
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To North Carolina Governmental Employers: Heads-Up – “Unreasonable Employee Discipline” Can Now Get You Sued
October 13, 2021
No good deed goes unpunished. Little did City of Durham Police Sergeant Michael Mole’ know, in his first crack at negotiating on his own…
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Busy as a Bee: LARPing a day in the life of HR
October 6, 2021
Three Ward and Smith labor and employment attorneys walked through a series of challenging, real-world scenarios that many employers are facing. The webinar, part…
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Understanding Attorney-Client Privilege
October 1, 2021
Attorney-client privilege. Most people have heard of it, and most have a general idea of what it means. But what, exactly, is attorney-client…
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Show Me The Money! Wage and Hour Requirements Applied to COVID-19 Testing Time
September 29, 2021
Recently, several of our clients have asked us whether they are required to compensate their employees for time spent going for the COVID-19 test.…
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WOTUS Whiplash
September 22, 2021
The ongoing saga of how to define “waters of the United States” (WOTUS) continues. In this latest installment, we have, in effect, time-traveled back…
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To Meet (In Person) or Not To Meet (In Person)…That is the Question: North Carolina Makes Permanent the Ability for Community Associations To Meet and Vote Virtually
September 20, 2021
The past 19 months have been a challenging time. As a result of the Coronavirus pandemic, many precautions and restrictions were put in place…
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State Stormwater Program Amendments Significant for Those Affected by Post Construction Stormwater Permits
September 16, 2021
Extensive changes to North Carolina’s stormwater runoff statute went into effect on September 16,2021 as part of Session Law 2021-158. The Stormwater Program amendments are embedded…
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Pushing the Limits: Nielson v. Schmoke Clarifies the Outer Limits of Domesticating Foreign Judgments
September 15, 2021
The North Carolina Court of Appeals issued a decision recently, providing clarity on how much time creditors have to domesticate a foreign judgment to…
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Biden Administration To Require COVID-19 Vaccinations for Large Employers
September 10, 2021
President Biden announced at a press conference at 5:00 p.m. on September 9, 2021, a new, six-pronged national strategy to combat COVID-19 while keeping…
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Let’s Talk Hemp: Highlights from the 2021 Southern Hemp Expo
September 10, 2021
Several members of our Hemp and Cannabis Law team attended the Southern Hemp Expo in Raleigh, NC last week. This was the third annual…
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Use Clarity to Avoid Contempt in Bankruptcy
September 8, 2021
This is a story about contempt and clarity. It comes to us from a July 2021 North Carolina district court decision reversing a $115,000…
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How OSHA’s Revised COVID-19 Guidance Affects Agriculture and Food Processing Employers
September 3, 2021
In an effort to reflect recent updates provided by the Centers for Disease Control and Prevention (“CDC”), the Occupational Safety and Health Administration (“OSHA”)…
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In the Agribusiness Industry? Don’t Miss These Three Legal Developments to Keep an Eye On
September 1, 2021
The North Carolina Chamber of Commerce is an avid advocate for the economic health and well-being of agribusiness and agriculture in the State through its…
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How North Carolina is Adapting to a Shortage of Nurses During the COVID-19 Pandemic
August 27, 2021
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…
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“Emergency Use” No More: FDA Approves First COVID-19 Vaccine
August 23, 2021
There was a time in which employers and employees weren’t vexed with viruses, vaccines, and their respective duties and rights. That seems like a…
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Making Your Case: Strategies for Briefing in the Supreme Court of North Carolina
August 20, 2021
Appellate practice can be challenging. In complicated cases, it’s made all the more challenging by the word limits often imposed by the pertinent rules…
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Odyssey and E-mail Service Under the New and Improved NC Rule 5
August 18, 2021
In October of 2020, House Bill 679 made significant changes to Rule 5 (“Service and Filing of Pleadings and Other Papers”) of the North…
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Preventing Trust and Estate Disputes
August 13, 2021
The death of a loved one should be a time for a family to come together. As a trust and estate litigator, unfortunately, I…
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How the Law Is Grappling With Free Expression, COVID-19, Diversity, and More
August 11, 2021
Between COVID-19, last year’s demonstrations for racial justice, and a new president, there are many legal issues employers may need to consider — or…
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The End is Near for North Carolina’s Hemp Pilot Program
August 6, 2021
For some time, North Carolina’s hemp farmers and growers have questioned the fate of our hemp cultivation pilot program, authorized and adopted under the…
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Highlights From the Intellectual Property Law Institute of the Lavender Law® Conference
August 4, 2021
I recently attended the 2021 Lavender Law® Conference, a virtual event of social networking, on-demand programming, and live sessions hosted by The National LGBT…
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Back Into the Woods: NC Order Mandates Measures for State Employees and Encourages Businesses to Take Similar Actions
July 30, 2021
On July 29, 2021, Governor Roy Cooper issued Executive Order No. 224 (the “Order”), which implements additional safety measures for workers at Cabinet agencies…
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NCGA 2021 Long Session Update
July 30, 2021
This article was co-authored by 2021 Government Relations intern Colin Russell. Since convening in January, the North Carolina General Assembly’s Long Session has been…
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So You Have A Judgment… Now What?
July 28, 2021
In North Carolina, many lawsuits result in the entry of a judgment that establishes one party’s right to collect payment of a certain amount…
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Taking License Liberties Based on Affiliation
July 23, 2021
Questions regarding general contractor licensure requirements often arise among affiliated or related companies, namely, which entities are required to have a license. The issue…
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Company Names vs. Trade Names: Understanding the Legal Difference
July 21, 2021
So you did all the hard work that was necessary to get a new business off the ground. And you formed a new business entity…
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A New Commodity in a Traditional Box: Hemp’s Commodity Status Demands Appropriate Attention
July 15, 2021
The United States government federally decriminalized hemp on December 20, 2018, making hemp biomass—the raw, harvested agricultural plant—a commodity like any other crop, such…
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A Summary of Bank-Related Provisions of President Biden’s July 9th Executive Order Promoting Competition
July 12, 2021
On July 9, 2021, President Joseph R. Biden, Jr. signed an executive order “on promoting competition in the American economy” (the “Order”). The White…
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Their Aim Wasn’t True – The NRA and Bad Faith Bankruptcy Filings
July 7, 2021
Bankruptcy offers a temporary sanctuary for parties seeking relief from a variety of problems – financial crisis, lawsuits, collection actions, repossessions, foreclosure, and pandemics.…
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Privacy and Data Security for HOAs: What Your Community Association Needs to Know
June 30, 2021
Privacy and Data Security is the body of law that addresses how an organization can collect, handle, and use personally identifiable information and how…
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Common Mistakes to Avoid When Appealing a North Carolina Occupational Licensing Board Decision
June 25, 2021
Ed. Note: This is the third in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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“The JAB, or Your JOB”: Mandatory Vaccinations in the Private Workplace
June 23, 2021
We are all tired of the slowly-abating but persistent pandemic. And more than ready to get back to “normal.” But employers’ efforts to encourage…
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One Year Later: Have Employers Taken Stock Following Bostock?
June 18, 2021
This week (specifically June 15, 2021) marked the one-year anniversary of the U.S. Supreme Court’s landmark decision in the case of Bostock v. Clayton County,…
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What Community Associations Should Know from HOA Attorneys
June 16, 2021
Maintenance, repairs, upkeep, and enforcement of rules are all in a day’s work for a community association – now one of the most common…
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The Carrot, Not the Stick: May Employers Legally Offer Employees Incentives To Get Vaccinated?
June 11, 2021
Last month, the Department of Health and Human Services – Centers for Disease Control and Prevention (“CDC”) updated its COVID-19 guidance for fully vaccinated…
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Appealing Disciplinary Actions of North Carolina Professional or Occupational Licensing Boards
June 9, 2021
Ed. Note: This is the second in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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The FFCRA Trap: Employers Must Consider Retaliation Even After the FFCRA
June 4, 2021
While the light at the end of the tunnel is visible, the darkness of the COVID-19 pandemic still looms over employers. Over the…
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Agribusiness Remains a Target for Hackers
June 2, 2021
Agribusiness may not be an industry that the public at large often associates with data breaches and hacking. That perception is likely to change after…
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Website Compliance: Key Costly Legal Risks Every Business Should Consider
May 28, 2021
A recent statistic posted by Sweor states that 75% of consumers admit to making judgments on a company’s credibility based on the company’s website…
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Struggling Hotels Can Provide Turn-Down Service, Can’t Be Turned Down for Subchapter V Bankruptcy
May 26, 2021
Subchapter V of Chapter 11 of the Bankruptcy Code, which took effect in February 2020, creates a more streamlined and less expensive Chapter 11…
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North Carolina Occupational Licensing Boards: Disciplinary Hearings and Appeals, 101
May 21, 2021
Ed. Note: This is the first in a series of three articles examining disciplinary and appeals processes in front of North Carolina professional and…
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“Batten Down the Hatches: Named Storm-Preparedness for Community Associations”
May 19, 2021
The 2021 Atlantic hurricane season officially kicks off in t-minus 12 days, on June 1, 2021, and runs through November 30, 2021. If this…
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A Soft Deadline for Hard Cash: American Rescue Plan Funds for North Carolina Municipalities
May 14, 2021
First, the good news: every municipality in North Carolina is eligible to receive a large cash infusion, up to 75% of its budget, from…
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Construction Conference Roundup: Roundtable Session Covers Employment Contracts, PPP Documentation, How To Vet Private Construction Clients and More
May 12, 2021
The roundtable Q&A session in Ward and Smith’s virtual 2020 Construction Conference covered a range of issues, from employment matters to vetting private…
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Restrictive Covenants: What Are They And Why Should You Care?
May 5, 2021
Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered…
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Congratulations Bankruptcy Graduates! You Are Now Eligible for PPP Loans.
May 3, 2021
To be eligible for a Paycheck Protection Program (“PPP”) loan, the applicant must certify on the borrower application that the applicant and any owner…
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Ripe for the Picking: Hackers Target Agribusinesses
April 30, 2021
Agribusiness may not be an industry that the public at large often associates with data breaches and hacking, but whatever the perception may be,…
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Banking on Hemp: Financial Services for a Growing Industry
April 28, 2021
The Agriculture Improvement Act of 2018 (“Farm Bill”) became law more than two years ago, decriminalizing hemp and its derivatives and opening the door…
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Joint Check Agreements in Construction: Use with Caution
April 21, 2021
Construction projects involve a tiered relationship, which consists of (a) the project owner, (b) a general contractor hired by the owner who manages…
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Stay in Your Lane: Defining the Scope of an IPR Deposition
April 16, 2021
The regulations governing discovery in an inter partes review (“IPR”) proceeding do not provide for the same methods of discovery available in a patent…
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Yours, Mine, and Ours: Estate Planning for Blended Families
April 14, 2021
According to recent statistics, four out of every ten families are blended families. As you might expect, estate planning for blended families is often…
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What Do You Mean I Can’t Place the List of Delinquent Homeowners on the Clubhouse Door? Community Association Pitfalls: State and Federal Collection Laws
April 9, 2021
Whether you are a board member or a property manager for a community association (“Association”), you have probably dealt with owners that fail to…
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Media Mention: Will Oden Discusses ‘Working with Vaccines’ with the Wilmington Business Journal
April 8, 2021
A thorny legal topic for employers centers on mandatory COVID-19 vaccines. It’s an issue our labor and employment attorneys have discussed time and time again…
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To Encourage Landlords to Work with Struggling Tenants, Congress Removes a Powerful Weapon Wielded by Bankruptcy Trustees
April 7, 2021
Since the COVID-19 pandemic began, many tenants have seen their revenues plummet or disappear entirely as a result of state and local regulations on…
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Congress Extends Higher Debt Ceiling for Small Business Bankruptcies
March 30, 2021
We previously informed you that if you are a small business that needed to file bankruptcy to save your company, then you may be…
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A Farewell to the Current Gift and Estate Tax Exemption?
March 29, 2021
We recently wrote about a window of opportunity to take advantage of the rising estate and gift tax exemption before it sets. It is becoming…
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Employers: Here’s Your “Quick Hitter Guide” for the American Rescue Plan Act’s Impact on COBRA and FFCRA
March 26, 2021
The American Rescue Plan Act of 2021 (ARPA), signed into law on March 11, 2021, includes a whole host of requirements and provisions impacting…
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The HIPAA Right of Access Initiative: Still Going Strong Despite COVID
March 24, 2021
In late 2019, the Office for Civil Rights (OCR) at the United States Department of Health and Human Services (DHHS) announced it would be…
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Understanding the Basics of NCDOI Licensee Complaints
March 19, 2021
Facing an investigation by a licensing board can be one of the most stressful and emotionally taxing challenges that licensed professionals face in their…
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Brews, Booze, and Data Breaches
March 17, 2021
Friday afternoon, news sources reported that Molson Coors Beverage Company notified the Securities and Exchange Commission about an ongoing data breach that had delayed…
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So Much for “9 to 5”: Employers’ Consideration of Employees’ and Applicants’ Conduct Outside of Work
March 12, 2021
“And the sign said, ‘Long-haired freaky people … need not apply.'” – Signs, Five Man Electrical Band, Good-byes and Butterflies (1970) Arbitrary judgments are…
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Thousands Hacked: New Cyber-Attacks Affect Organizations Big and Small
March 8, 2021
Friday afternoon, reports surfaced that a foreign nation had compromised newly-discovered flaws in the Microsoft Exchange Server email software and breached the cybersecurity efforts…
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Common Ground for Hemp in an Uncertain World
March 5, 2021
Several members of our Hemp Law team attended the Industrial Hemp Summit in late February. The annual event is typically held in person at the…
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Short-Term Rentals Regulations: Not Always a Day at the Beach for Municipalities
March 3, 2021
The explosion of short-term rental properties through North Carolina – from mountain cities to coastal destinations, and cities and towns in between – has…
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It’s No Big Deal, Until It Is: Why Vendor Contracts Matter for Community Associations
February 26, 2021
A key role of most community associations is to engage contractors, service providers, and vendors (all together, “vendors”) to assist the community with its…
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Serving on Your Community Association’s ARC, ACC, or ARB? Take Note to Whom Your Fiduciary Duties Are Owed
February 17, 2021
Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots. Through their declaration of covenants, conditions,…
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Local Counsel in North Carolina’s Federal Courts
February 12, 2021
In federal court, the rules for out-of-state counsel’s participation vary from district to district. For out-of-state counsel seeking to appear in federal court in…
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WOTUS Encore: The Fate of the Navigable Waters Protection Rule and Implications for Groundwater
February 5, 2021
It seems like yesterday, but it was actually last summer when the United States Environmental Protection Agency and Army Corps of Engineers published the…
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Young Practitioners Look at 2020 U.S. Supreme Court Trademark Decisions
February 3, 2021
U.S. trademark law saw numerous developments in 2020, including three decisions by the U.S. Supreme Court. Trademark cases seldom make it up to the…
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The Exemption Also Rises (But Could Set Soon)
January 29, 2021
The amount that you can give to your children during life or leave to them after death estate tax-free currently is at a historically…
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More Breathing Room for Commercial Tenants in Bankruptcy
January 28, 2021
The Consolidated Appropriations Act of 2021 (“CAA”) took effect on December 27, 2020. The mammoth spending and COVID-19 pandemic relief bill contains provisions related…
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The Economic Loss Rule – Recently Refined or Redefined by the North Carolina Supreme Court
January 22, 2021
Recently, the North Carolina Supreme Court issued a decision impacting the application of the economic loss rule in commercial settings, particularly construction. This article…
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Supreme Court to Secured Creditors: “Hold on Loosely, But Don’t Let Go.”
January 19, 2021
Filing a bankruptcy petition automatically halts efforts to collect prepetition debts from the debtor outside of bankruptcy. This “automatic stay” is a command to…
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Troubled Waters: Leading Through a Pandemic
January 15, 2021
We’ve weathered literal storms, such as Hurricane Florence, but nothing quite like the speed and scope of the coronavirus pandemic. Through it all, we…
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Who is the Declarant? And Why Does it Matter?
January 12, 2021
The concept and designation of the “Declarant” arise from the formation of a planned community or a condominium. When the developer declares land to…
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Can Our Community Association Still Hold its Annual Meeting?
January 8, 2021
For many community associations, the first quarter of the year signals the time to notice and hold annual meetings of their membership. For a…
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Year in Review: New Roles, New Faces, and Growth at Ward and Smith in 2020
January 8, 2021
Looking back, it’s clear none of us knew the extent of the change that was to come in 2020. We sent a firmwide email…
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Year in Review: New Leadership at Ward and Smith
January 7, 2021
Devon Williams, a labor and employment attorney, assumed the role of Co-Managing Director of Ward and Smith on January 1, 2021, after shadowing Ken…
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PPP Loans, Episode Two – Is the Sequel Worth Watching?
January 5, 2021
Too often sequels disappoint. Consider these bombs – Caddyshack II, Jaws – The Revenge, Mall Cop 2, Major League II, and I could go…
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COVID-19 Paid Leave in 2021: The Impact of New Federal Relief Bill on Employers
January 5, 2021
“The future ain’t what it used to be.” – Yogi Berra Governing can be a fickle affair. The Families First Coronavirus Response Act of…
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Flexibility in the Face of COVID-19: When Culture and Technology Align
January 4, 2021
We didn’t know what we would be asked to do during the pandemic, or how flexible we would all need to become to continue…
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Year in Review: Ward and Smith’s Top Articles of 2020
December 30, 2020
Over the past tumultuous year, Ward and Smith attorneys authored more than 190 articles to help our clients stay abreast of ever-changing COVID-19 impacts. That…
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The North Carolina Commercial Receivership Act: What Creditors Need to Know About the New Statute
December 30, 2020
On July 1, 2020, Governor Cooper signed the North Carolina Commercial Receivership Act (the “Act”) into law. The Act, spearheaded by the Bankruptcy Section…
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Estate Planning Resolutions for 2021
December 29, 2020
The holiday season soon will have come and gone, and many of us will be glad to begin turning the page on the unprecedented…
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New Relief Bill: What Small Businesses Need to Know about PPP Now
December 28, 2020
On December 27, 2020, President Trump approved a $900 billion relief bill. In it, Congress appropriates funds to help small businesses, nonprofits, and venues…
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Valuable Advice for Women in Law
December 23, 2020
In recent years, efforts to recruit and retain more women in the legal profession have started to slowly move the needle towards a more…
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Hemp Suits: Proactive Risk Management is Key
December 16, 2020
Business transactions come with the risk that litigation may arise at some point in the life of the parties’ dealings. Transactions involving hemp—whether pertaining…
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Industry Veteran Delivers Economic Forecast, Advice for N.C. Construction Firms
December 11, 2020
On October 8, 2020, Hank Harris, the director of Ward and Smith Business Consulting and a senior chairman at FMI Corporation, delivered the…
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Unintended Consequences of Copyright and Trademark Protection in Design
December 9, 2020
It is widely accepted that some designs may be entitled to both copyright protection (as original, creative expressions of an idea) and trademark protection…
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COVID-19 and the Construction Industry: Must Know Information for Executives
December 2, 2020
During Ward and Smith’s recent virtual “Construction Conference,” six of my partners and I covered a range of emerging legal issues — most related…
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How to Maintain a Positive Company Culture During COVID-19
November 20, 2020
Culture eats strategy for breakfast, or so we’ve been told by Mr. Drucker and others. Coincidentally, I wholeheartedly agree. So, how does leadership maintain,…
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Web-Based Businesses and Other “Remote Sellers” Beware – A Morass of Sales Tax Obligations Are Upon You
November 18, 2020
Sales Tax Obligations — Businesses with a Physical Presence in a State It should come as no surprise that almost all states require businesses…
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Evict Like a Jerk and Suffer the Consequences
November 13, 2020
As the pandemic shows little signs of abating, and many sectors of the economy continue to struggle, the relationship between commercial landlords and tenants…
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The Role of the Community Association Attorney
November 11, 2020
People often view Community Associations as simple collections of rule-obsessed homeowners that do little more than debate the color of the flowers under the…
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Understanding Who (Might) Have Lost and Won: The 2020 Election Results Directly Impact How We Respond to COVID-19
November 4, 2020
Our efforts to keep you knowledgeable about legal issues related to the pandemic has become one of our most important services to our clients. …
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We’ll See How “Temporary”: U.S. Department of Labor Issues New Temporary Rule Interpreting Families First Coronavirus Response Act of 2020
November 4, 2020
“Nothing is so permanent as a temporary government program.” – Milton Friedman The federal “Families First Coronavirus Response Act of 2020” (“FFCRA” or the “Act”)…
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Questions Raised by the PPP Loan Necessity Questionnaire
November 4, 2020
This article addresses a forthcoming update to the Paycheck Protection Program that is subject to change. It is not intended to give, and should not…
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Increased Threat of Cybercrime in Health Care Industry
November 2, 2020
The Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the U.S. Department of Health and Human Services (HHS) are…
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Time for a Checkup: Recent North Carolina Efforts Regarding Telehealth – Part II
October 30, 2020
In my previous article, I discussed how the public health emergency (PHE) for COVID-19 changed telehealth on the federal level. This is Part II…
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Time for a Checkup: Recent Federal Efforts Regarding Telehealth – Part I
October 28, 2020
The public health emergency (PHE) for COVID-19 has brought about many changes to the way healthcare is practiced, delivered, and reimbursed. This article will…
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Issues Impacting Enforceability of Liquidated Damages in Construction Contracts
October 23, 2020
Liquidated damages are a sum specified in a contract as the measure of recovery in the event of a breach of the contract.…
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Political Speech in the Workplace (And What – If Anything – To Do About It)
October 21, 2020
Politics could hardly be more conspicuous these days. A monumental presidential election looms on the horizon, and it seems that everyone has an opinion.…
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Regulatory Booze Blues
October 14, 2020
Imagine that we are not in the midst of a global pandemic and that you are on vacation at a charming brewery, somewhere on the…
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Important Update: Hemp Pilot Program Extended
October 1, 2020
For months, farmers and growers of hemp have faced a difficult decision: What to do at the end of October as the North Carolina…
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Claims of Lien For Community Associations: How to Effectively Utilize them to Compel Payment
September 25, 2020
Many community association managers know that a lien can be placed on a delinquent owner’s lot as a method of securing repayment of assessments. …
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Labor Union Plants a Big Flag in Western North Carolina
September 23, 2020
“Change is the only constant in life.” – Heraclitus (535 to 475 B.C.E.) Registered nurses at HCA Healthcare’s Mission Health system in Asheville have…
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What Do You Get When You Cross a $137,000 Cartier Necklace and a Debtor With Selective Amnesia? A Chapter 11 Trustee.
September 18, 2020
When a debtor files bankruptcy under Chapter 11, the bankruptcy court does not automatically appoint a trustee. Unlike Chapter 7, where the court appoints…
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Guardianship May or May Not Be an Answer
September 17, 2020
The COVID-19 situation has had many unwanted side effects. Among them are increased occurrence of depression, substance abuse, and mental illness. Additionally, our older…
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Corporate Counsels Discuss Managing Internal and External Relationships
September 11, 2020
A panel of general counsels discussed how they manage internal and external relationships in the first panel of Ward and Smith’s 2019 In-House Counsel…
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Executives Explore the Ins and Outs of Managing Vendors and Vendor Risk in Compliance-Intensive Industry
September 9, 2020
Three executives from First Citizens Bank explained how they manage vendor and supplier relationships, including issues such as risk management and compliance, during a…
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“Don’t Tread on Me”: Customers’ Religious Objections to Mandated Use of Face Masks in the Era of COVID-19
September 3, 2020
The COVID-19 pandemic has challenged businesses and employers in ways that few thought possible just six months ago. Untold millions have lost jobs, and…
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CDC Enacts New Residential Eviction Moratorium
September 3, 2020
On September 2, 2020, the Centers for Disease Control and Prevention (“CDC”), which is under the Department of Health and Human Services (“DHHS”), issued…
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PPP Loan Forgiveness Denied – An Overview of the PPP Loan Review Decision and Appeal Process
September 2, 2020
Nearly six months after the creation of the Paycheck Protection Program (“PPP”), many borrowers are ready to submit their PPP loan forgiveness applications or…
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COVID-19 Update: Reopening Your Business, House Bill 118, and Executive Order 163
September 2, 2020
In a series of Executive Orders, the most recent of which is Executive Order 163 dated September 1, 2020, Governor Roy Cooper implemented a…
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Five Things to Consider When Selling Your CBD Business
August 28, 2020
For many business owners, the intended exit strategy is to sell to a competitor or a larger company, thereby taking advantage of the upside…
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Can a Business Owner Reorganize Guaranty Obligations Under Subchapter V?
August 21, 2020
We have previously informed you that if you are a small business that needed to file bankruptcy to save your company, then you may…
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Panelists Talk Diversity and Inclusion From Personal and Professional Perspectives
August 19, 2020
Two panelists and an employment attorney delved deep into some of the tricky issues that companies can face as they seek to strengthen their…
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40,979 Reasons Not to “Press Charges” Against a Debtor in Bankruptcy
August 14, 2020
It is a cardinal sin to attempt to collect a debt or repossess collateral after a borrower files bankruptcy. Bankruptcy triggers the automatic stay…
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For Employers: Understanding the Supreme Court’s Title VII Ruling
August 12, 2020
Understanding the Supreme Court’s Narrow Title VII/LGBTQ Ruling On June 15, 2020, the Supreme Court of the United States (“SCOTUS” or the “Court”) ruled in…
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Call of [Fiduciary] Duty: How Good Faith, Due Care, and Loyalty Guide Community Associations’ Boards
August 7, 2020
Nearly 30 percent of North Carolina’s population lives in a community association of some sort, be that a condominium or single-family community. Yet, confusion among…
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Controlling Expenses in Small Business Chapter 11 Cases
July 30, 2020
We previously informed you that if you are a small business that needed to file bankruptcy to save your company, you may be able…
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Your HOA Got Served: Now What?
July 29, 2020
The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued. …
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Back to School: What School Reopening Plans Mean for Employers
July 24, 2020
According to North Carolina Governor Roy Cooper, the most important reopening during the COVID-19 pandemic is our state’s schools. However, “schools will look a…
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Commercial Owners Associations/Residential Owners Associations The Same — But Different
July 22, 2020
What are commercial owners associations, and are they really that different from residential owners associations? Commercial owners associations are nonprofit corporations that govern planned…
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Wave Goodbye to the Waiver Defense in Some Landlord/Tenant Disputes
July 17, 2020
On May 1, 2020, in Winston Affordable Housing, LLC v. Roberts, the North Carolina Supreme Court clarified the law surrounding a landlord’s acceptance of…
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With Bipartisan Support, Ward and Smith Successfully Lobbies for Expanded Access to Post-Secondary Education in Prisons
July 15, 2020
You might think that opportunities for both sides of the political aisle to come together to change lives, make communities safer, and save state…
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Breaking News for NC Community Pools: New Law Limiting Liability Signed Today
July 2, 2020
Just in Time for Fireworks: North Carolina Governor Signs into Law Limited Immunity from COVID-19 Related Claims Arising from the Reopening of Community Pools…
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Leases, Bankruptcy, and Coronavirus: Force Majeure Edition
July 1, 2020
Many businesses in bankruptcy or heading that way – particularly retail establishments – face an uncertain future as states and cities impose closures and…
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Seeing Through the Fog: Obtaining a Grower’s License in Uncertain Times
June 26, 2020
If all of the recent upheavals in the law and regulations for hemp have left you confused about how to get a hemp grower’s…
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Can a Debtor Choose Salvation Over Creditors?
June 24, 2020
In a Chapter 13 bankruptcy, debtors propose a plan to re-pay all or a portion of their debts. The amount to be repaid depends…
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COVID Quarantine + Surge in eCommerce = … ADA Discrimination Claims?!
June 19, 2020
While much about COVID-19 and its long-term impact on businesses and the economy is unknown, its effect of a worldwide increase in a reliance…
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Liability Waivers and Questionnaires in the Time of COVID-19
June 17, 2020
As businesses begin to re-open and re-engage their workforce, and in light of the ongoing COVID-19 pandemic, it is worth exploring requiring your employees…
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An Employee Cannot be Fired, or Otherwise Discriminated Against, for Being Gay or Transgender
June 15, 2020
Today, the Supreme Court of the United States (“SCOTUS”) decided in Bostock v. Clayton County, Georgia that the protections of Title VII of the…
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Zooming Through a Summer Associate Experience at Ward and Smith
June 15, 2020
[ Ed. Note: This article is authored by our 2020 Summer Associate Lily Faulconer.] Strong mentor relationships with highly respected attorneys and the promise…
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Howdy Partner: A Trail Guide for Promoting an Employee to Co-Owner
June 12, 2020
It is a particularly thorny question – one faced by owners of businesses both large and small: Is it time to promote this employee…
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Heavy Is the Head That Wears the Crown: Board of Director Authority in a Community Association
June 10, 2020
The Board of Directors for a Community Association functions in a very similar capacity as the Board of a standard corporation. Approximately 95% of…
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New Forgiveness Flexibility for PPP Borrowers
June 5, 2020
On June 3, the United States Senate approved the “Paycheck Protection Program Flexibility Act of 2020” (H.R. 7010). The new law was signed by…
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Brexit, Schmexit: How Resilient is Your Trademark Portfolio and Enforcement Strategy?
June 5, 2020
On January 31, 2020, the United Kingdom (UK) withdrew from the European Union (EU). From February 1, 2020, to December 31, 2020, the UK…
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COVID-19 Eviction Moratoriums: Need-To-Know Information for NC Landlords and Tenants
June 4, 2020
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law by President Trump on March 27, 2020. …
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Is it Time to “Use it or Lose it?”
June 3, 2020
In the wake of COVID-19, we may see significant statutory changes to the federal estate, gift, and generation-skipping transfer tax exemptions. Spousal Lifetime Access…
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A Few Unanswered Questions About PPP Loan Forgiveness
May 29, 2020
[Ed. Note: On June 5, the PPP Flexibility Act of 2020 was signed into law addressing some of the issues mentioned in the article below.…
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Reopening After COVID-19: What Business Owners Should Know
May 28, 2020
Back to business doesn’t mean back to normal. As COVID-19 lockdown restrictions begin to ease, business owners are grappling with new challenges and are…
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Leases and Bankruptcy in a Time of Coronavirus
May 27, 2020
Many businesses in bankruptcy or heading that way – particularly retail establishments – face an uncertain future as states and cities move from closures…
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A Few Questions Answered – SBA Issues PPP Loan Application and Additional Interim Final Rules
May 27, 2020
Over the last six weeks, PPP loan borrowers understandably had a multitude of questions about the loan forgiveness process. After all, without forgiveness, the…
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Happy 18th Birthday! Your College-Aged Child is an Adult. Now What?
May 22, 2020
Believe it or not, as of your child’s 18th birthday, your child is an “adult” in the eyes of the law. Turning 18 years…
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Significant Restrictions Imposed on Public and Community Pools for Phase 2 Reopening in NC
May 21, 2020
Effective May 22, 2020 at 5pm, North Carolina will enter what the Governor calls “Phase 2” of the Governor’s prolonged phases of reopening the…
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Returning to Work in a Pandemic: What Employers Need to Know
May 21, 2020
Restrictions are lifting, businesses are reopening, and corporate counsel face a slew of novel legal considerations as they guide their companies through post-lockdown operations.…
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Don’t Dive Right In! Strategies for Opening Community Pools in the Wake of COVID-19
May 19, 2020
Ed. Note: On May 21, The NC Department of Health and Human Services issued Interim Guidance for Public Pools and Spas. See our coverage of this most recent…
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Joint Ventures in Hemp – You Don’t Have to “Go It Alone”
May 15, 2020
Investors and owners of hemp and CBD businesses have grit – a trait that goes hand-in-hand with being an entrepreneur. They are innovative, learn…
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Update: SBA Creates New PPP Safe Harbor Rule, Extends Deadline to May 18
May 14, 2020
[Ed. Note: This article has been updated to address FAQ 47, published on May 13, which extends the original safe harbor deadline to May 18…
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“Do I Need to Return My PPP Loan?” SBA Extends Safe Harbor Deadline to May 18
May 14, 2020
[Ed. Note: The safe harbor deadline has been updated to reflect FAQ 47, published on May 13, which extends the original safe harbor deadline to May…
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Replacing the Clean Water Rule – Is the Dance Really Over?
May 11, 2020
On April 21, 2020, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) completed step two of the two-step “repeal…
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North Carolina Extends Certain Real Property Development Approvals
May 8, 2020
This week the General Assembly of North Carolina provided some relief to developers with active development approvals. Pursuant to Senate Bill 704, signed into…
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Employers Ask, “How Do I Get My Workers Back to the Workplace?”
May 8, 2020
More than half of the states have started to lift restrictions to re-open businesses or have similar plans to re-open in the next few…
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Temporary Relief for NC Taxpayers Under New COVID-19 Legislation
May 6, 2020
Members of the North Carolina General Assembly made good use of their time leading up to the short session that began on April 28,…
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COVID-19 Closed My Business. Can I Still Reorganize in Bankruptcy?
May 6, 2020
We previously informed you that if you are a small business that needed to file bankruptcy to save your company, then you may be…
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Practical Considerations for Your “Return to Work” Plan
May 5, 2020
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. …
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New NC Law Relaxes Requirements for Execution of Estate Planning Documents
May 5, 2020
Unusual times call for unusual measures. On May 4, 2020, the North Carolina General Assembly passed Session Law 2020-3 to relax the legal requirements…
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NC Limits Civil Liability for Health Care Industry and Essential Businesses
May 4, 2020
Anticipating a wave of potential claims related to COVID-19 injuries, in a rare Saturday session the North Carolina Legislature passed legislation designed to limit…
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PPP Loan Proceeds: Forgive, Pay and Forget it, or Not?
April 30, 2020
Much has been written about the benefits of the PPP loan program. With the second round of funding, roughly $660 billion in PPP loans will…
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Further Extensions of USPTO Deadlines Under the CARES Act
April 30, 2020
This article continues the discussion in our earlier article about thirty-day extension eligibility for deadlines with the U.S. Patent and Trademark Office. The U.S.…
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Economic and Financial Uncertainty: How a Homeowners Association Can Protect Itself
April 30, 2020
In a short period of time, COVID-19 has changed the way we live and conduct business. Sadly, the pandemic seems as though it will…
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Business Law Lessons from the Tiger King
April 29, 2020
[Spoiler alert – This article discusses events documented in the Netflix series and is based on the content of the shows.] In this time…
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The PPP and Health Care Enhancement Act of 2020: Get Ready for Round 2
April 24, 2020
The Paycheck Protection Program (“PPP”) and Health Care Enhancement Act of 2020 (“PPP Act”) was signed into law on April 24, 2020. The $484…
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North Carolina’s Stay-At-Home Order Extended Through May 8, 2020
April 23, 2020
Governor Roy Cooper stated today that North Carolina has flattened the curve, but that the State is not yet ready to lift restrictions. Consequently,…
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Courts, Custody, & Choices: How to Address New or Existing Issues
April 23, 2020
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…
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ARC Approval – Gotta Have It
April 23, 2020
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…
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Didn’t See That Coming: Unexpected Results of FFCRA Paid-Leave “Temporary” Regulations
April 22, 2020
The world continues to combat the devastating COVID-19 global pandemic. Many businesses have been forced to lay off and/or furlough untold numbers of valued…
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Finally, the SBA is Ready to Make Your Loan Payments
April 20, 2020
We previously notified you that the CARES Act contained a key provision related to existing SBA loans. Section 1112 of the Act appropriated $17…
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CARES Act Provider Relief Fund – Acceptance of Funds Comes with Conditions
April 20, 2020
Healthcare providers are among those financially adversely affected by the COVID-19 pandemic. A survey conducted by the Medical Group Managers Association (“MGMA”) on April…
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Can the New Small Business Chapter 11 Save Your B&B or Airbnb?
April 17, 2020
We previously informed you that if you are a small business that needed to file bankruptcy to save your company, you may be able…
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Is an NC Coronavirus Bail Out Coming? When & How We Expect the NCGA to Provide Relief to Businesses & Individuals
April 17, 2020
As we find ourselves facing a massive global health crisis and sudden economic downturn, many North Carolinians are looking for relief from their government.…
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Federal COVID-19 Relief for Agribusinesses
April 16, 2020
The Coronavirus has been largely indiscriminate in its assault on the business community. Agriculture is no exception. It is true that many “agribusinesses,” especially…
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Employer’s Recordkeeping Requirements For Leave Requests Under the FFCRA
April 16, 2020
On April 6, 2020, the United States Department of Labor (“DOL”) issued its Temporary Rule promulgating regulations to implement the leave entitlements authorized by…
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Significant Paycheck Protection Program Guidance for Franchisees, Hotels, and Lenders
April 16, 2020
The Small Business Administration (“SBA”) has guaranteed over one million loans under the Paycheck Protection Program (“PPP”) through April 13, 2020. Over 4,600 lenders…
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If You File a Schedule C, Take Note: SBA Offers Guidance for Self-Employed PPP Loan Applicants
April 15, 2020
From April 3 through April 14, 2020, the Small Business Administration (“SBA”) has guaranteed over one million loans under the Paycheck Protection Program (“PPP”).…
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Desperate Times Call for…Taco Tuesday? Navigating the Use of Food Trucks in HOA Communities During COVID-19
April 15, 2020
We have now just crossed the halfway point of Governor Cooper’s “Stay at Home” Order, which, unless additional action is taken, is set to…
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Faith-Based Organizations: Guidance for Eligible Paycheck Protection Program Loans
April 13, 2020
Faith-based organizations, including houses of worship, and entities that provide services that are religious in nature, are eligible Paycheck Protection Program loan applicants as…
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Governor Adds New COVID-19 Social Distancing Regulations for Retailers
April 10, 2020
As North Carolina citizens and businesses approach the third week of access, travel, and gathering restrictions, Governor Roy Cooper has now issued an Executive…
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Whodunnit? Understanding Who Is Responsible for COVID-19 Restrictions
April 10, 2020
You’ve been told to stay at home. Now, you may be under a nightly curfew, or you are told you must designate one shopper…
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Updated Business Affiliation Rules: Key Information for Paycheck Protection Program Borrowers
April 9, 2020
In the last few days, the Small Business Administration (“SBA”) has published further guidance on the Paycheck Protection Program (“PPP”) Business Affiliation Rules, which we…
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New Paycheck Protection Loan Guidance for Businesses and Lenders
April 9, 2020
The CARES Act was passed into law on March 27, 2020, and on April 2, 2020, the Small Business Administration (“SBA”) published its guidance…
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COVID-19 and Defense Contractors: Fighting for the Future
April 9, 2020
“We are at war. It’s a different type of war, but a war nonetheless.” – General Mark A. Milley, US Army, Chairman of the Joint…
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“Drive-In” Worship Services OK’ed By Governor, Check Local Restrictions
April 9, 2020
Several churches are looking at having “drive-in” worship services to celebrate Easter. The thought behind the “drive-in” worship services is that people maintain social…
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COVID-19 and Benefits: “Now, a Word from Your HR Director”
April 9, 2020
By now, most employers have been inundated with information on the CARES Act, which was recently passed in an attempt to stimulate the U.S.…
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COVID-19 Cancelled My Event. What Now?
April 9, 2020
If you’re like me, the outbreak of the novel coronavirus—and COVID-19, the disease it causes—has cleared out your social calendar. Across the country,…
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Loan Modification and Reporting During the COVID-19 Crisis
April 8, 2020
We reported that, on March 9, 2020, the Federal Reserve, Office of the Comptroller of the Currency, Federal Deposit Insurance Corp., Consumer Financial Protection Bureau,…
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The New Normal – Teleworking Challenges and Solutions
April 7, 2020
The COVID-19 pandemic has turned the world upside down, and staying home has become the new normal. (For Instagram users, the #stayhome hashtag has…
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The Importance of Reviewing and Complying with Performance Bonds
April 7, 2020
As we continue to cope with the economic impacts of the COVID-19 pandemic, it is important for participants in the construction industry to take affirmative…
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The CARES Act Provides Additional Relief to Consumer Debtors in Bankruptcy
April 7, 2020
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was enacted on March 27, 2020. The CARES Act provides relief for the widespread…
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FAQ: Paycheck Protection Loans and Economic Injury Disaster Loans
April 3, 2020
We’ve been sharing client alerts and articles about the passage of the CARES Act in the wake of the COVID-19 crisis. Among other things,…
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Paycheck Protection Program Loans and the Business Affiliation Rules: “Don’t Wing It”
April 3, 2020
We have written a great deal about the CARES Act and the small business loans available to eligible applicants. New guidance about these loan…
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New COVID-19 Guidance for Public Sector Employers
April 3, 2020
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…
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Help for the Hemp Industry in the COVID-19 Crisis
April 3, 2020
The last month has been difficult for everyone, to say the least. The hemp industry as a whole has faced tremendous economic pressures and…
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Foreclosure and Forbearance Under the CARES Act
April 2, 2020
The CARES Act, which became law on March 27, 2020, imposes important restrictions on foreclosure activity by servicers of federally-backed mortgage loans. It also…
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U.S. Patent and Trademark Office Extensions Under the CARES Act
April 2, 2020
On Tuesday, March 31, 2020, the U.S. Patent and Trademark Office (“USPTO”) notified the public that it may extend certain deadlines and delay payment…
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For Existing SBA Loans, the SBA Will Make Your Payments for Six Months
April 1, 2020
While much of the focus of the CARES Act has been on the Paycheck Protection Program, which allocates $349 billion for new SBA loans…
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Treasury Department Releases Vital Paycheck Protection Program Information
March 31, 2020
The much-anticipated CARES Act provided for the Paycheck Protection Program, which is meant to help small businesses both retain their employees and meet their…
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Employer’s Alert: Third Round of Informal Guidance and FAQs on the FFCRA Issued
March 31, 2020
We have written previously about the U.S. Department of Labor’s (“USDOL”) informal guidance and FAQs addressing compliance with the Families First Coronavirus Response Act…
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FFCRA Health Care Providers Exemption: New Guidance Published
March 31, 2020
We previously posted that the “health care provider” exemption from the obligation to provide “paid sick time” and paid “public health emergency leave” under…
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Turning Low Value Lemons Into Estate Planning Lemonade – Part I Gifting Opportunities
March 31, 2020
The novel coronavirus pandemic has had a dramatic impact on the U.S. economy. Investors have experienced record-setting fluctuations in marketable security values on U.S.…
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Environmental Enforcement Discretion Guidance from U.S. EPA for COVID-19 Disruptions
March 31, 2020
On Thursday, March 26, 2020, the U.S. Environmental Protection Agency (“EPA”) published guidance for how it will enforce environmental legal obligations during the COVID-19…
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AG’s Office Gives Guidance on Remote Meetings for Local Governments during COVID-19
March 30, 2020
With social distancing guidelines limiting the number of people gathering in one place to 10 or fewer, and with the Governor’s “stay at home”…
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North Carolina’s Stay-At-Home Order: What Do You Need to Know?
March 27, 2020
On Friday, March 27 Governor Roy Cooper issued a statewide Stay-At-Home Order (Order). It will take effect at 5:00 p.m. on Monday, March 30,…
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COVID-19 Update for Employers: New Key Guidance
March 27, 2020
On March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published its initial guidance to provide compliance assistance for employers…
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Impact of COVID-19 on Force Majeure and Rent Abatement in Commercial Leases
March 27, 2020
Many businesses have suffered greatly in the wake of the measures taken to slow the spread of COVID-19. One immediate impact is the flood…
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Enhanced Unemployment Assistance Under the CARES Act
March 27, 2020
As the pandemic rages on, the number of North Carolina workers applying for unemployment benefits is staggering. Between March 16, 2020 and the end…
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Will Your Business Need a Re-Entry Certificate in the Event of a NC Shelter-In-Place Order?
March 27, 2020
It will not for a statewide shelter-in-place order, at least according to guidance from the N.C. Department of Public Safety (DPS). However, each local…
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The CARES Act and the Healthcare Industry
March 27, 2020
This week, the U.S. Senate passed the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”) to respond to the COVID-19 crisis. …
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CARES Act Raises Small Business Bankruptcy Debt Ceiling to $7,500,000
March 27, 2020
We previously informed you that if you are a small business that needed to file bankruptcy to save your company, then you may be…
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CARES Act: Providing Payroll Relief to Employers in Response to COVID-19
March 27, 2020
This week, the U.S. Senate passed the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”) to respond to the COVID-19 crisis. The…
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SBA Allows Scanned Copies of Documents During COVID-19 Crisis
March 27, 2020
The SBA permits SBA Lenders to use electronic signatures on SBA forms and other documents requiring signatures on 7(a) and 504 business loans provided…
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Update: Tax Filing Deadlines Moved to July 15 Amidst COVID-19 Pandemic
March 27, 2020
The IRS announced on Saturday, March 21, that it would move the U.S. income tax filing deadline for all taxpayers and businesses from April…
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COVID-19 Relief Package to Include Small Business Loans
March 26, 2020
On March 25, 2020, the U.S. Senate unanimously voted to advance legislation titled Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) to…
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COVID-19 Tax Alert – The Tax Man Lends a Helping Hand
March 26, 2020
As we all adjust to the “new normal” of social distancing and working remotely, Congress is very close to passing its phase 3 legislation…
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Employers Required to Post Employee Rights Notice Under Families First Coronavirus Response Act
March 26, 2020
As employers continue to weather the effects of the COVID-19 outbreak, the U.S. Department of Labor (“DOL”) has issued some guidance to help…
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Working Remotely and Cyber Security During the COVID-19 Outbreak
March 26, 2020
The number of positive cases of COVID-19 is rapidly increasing throughout the United States, requiring more and more employers to rely on employees working…
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Essential Documents: Preparing for COVID-19
March 26, 2020
In this unprecedented and uncertain time, health experts are providing us with the facts about COVID-19. Being well-informed enables us to know what measures…
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Are Health Care Providers Exempt from the FFCRA Paid Leave Requirements?
March 26, 2020
And who is a “health care provider?” These are questions we have grappled with since the Families First Coronavirus Relief Act (“FFCRA”) was enacted…
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Alert: Congressional Leaders Strike Deal to Bring Financial Help to the Nation, Details Unknown and the Deal Is Not Yet Law
March 25, 2020
As our entire way of life is being disrupted by the COVID-19 public health crisis, Congress moved closer to some sort of federal help on…
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Preparing for an Uncertain Future: Is Your Business Ready to Tackle Important Legal Issues Raised by a Shelter-in-Place Order?
March 24, 2020
These are challenging times. Businesses, nonprofits, and public entities are changing their operations more rapidly than many ever thought possible. And certainly battling an…
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SPECIAL ALERT: Governor Roy Cooper Shutters More Businesses and Extends K-12 Public School Closure
March 24, 2020
On March 23, Governor Roy Cooper signed Executive Order 120 (“Order”). The Order extends the in-person closure of the public K-12 schools in North…
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Understanding the New “Fast-Pass” Small Business Bankruptcy Process
March 24, 2020
With COVID-19 and the attempts to contain it causing cataclysmic business interruption, many small businesses may find themselves on the brink of insolvency. While…
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Contagion II: MORE Practical Advice for NC Employers Wrestling with COVID-19
March 20, 2020
We wrote just four days ago that the world seems to have shifted beneath our feet – to have become alien and dangerous. That,…
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The ABC Laws, They Are a Changing
March 20, 2020
With the law seemingly changing hour to hour, we thought it might be helpful to update our Alcohol Beverage Clients on the week’s COVID-19…
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“Hold On, Help Is on the Way:” U.S. Senate Passes Second COVID-19 Relief Bill
March 19, 2020
On March 18, 2020, the United States Senate passed a second round of relief legislation as a result of the Covid-19 pandemic, this time…
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What the EEOC Wants You to Know About the ADA, the Rehabilitation Act, and COVID-19
March 19, 2020
On March 18, 2020, the Equal Employment Opportunity Commission (“EEOC”) published its “Q&A About the ADA, the Rehabilitation Act, and COVID-19.” The Q&A confirms…
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Now Is the Time to Review Your Force Majeure Clause
March 19, 2020
Virtually every industry has, or will be, significantly affected by COVID-19. Just recently, Governor Roy Cooper issued an executive order to close sit-down service…
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Addressing Financial Impacts of the COVID-19 Crisis on Construction Companies
March 19, 2020
In the midst of the current Coronavirus crisis, the priorities for most construction companies are (1) the health and well-being of its employees, and…
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7 Guidelines for Parents Sharing Custody of Children During the COVID-19 Pandemic
March 18, 2020
With the Governor’s proclamation to close schools and restaurants to dine-in customers, now, more than ever, our children are a primary focus during these…
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Servicing SBA Loans During the COVID-19 Crisis
March 18, 2020
With COVID-19 shutting down whole swaths of the economy, the SBA has issued a notice to SBA 7(a) Lenders and 504 Certified Development Companies…
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Gov. Roy Cooper Orders Restaurants and Bars to Close Dine-In Service, Announces New Help for Unemployed
March 17, 2020
Today, March 17, 2020, Governor Roy Cooper announced a new Executive Order (“EO”) to close all restaurants and bars to dine-in customers. The EO…
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HOA Boards and the Coronavirus
March 16, 2020
We are seeing the emails already. “We have a Board Meeting and need to award the contract for the pool, but we shouldn’t be…
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Contagion: Practical Advice for NC Employers in the Face of Coronavirus Disease
March 16, 2020
The world seems to have shifted beneath our feet – to have become alien and dangerous. That’s no doubt true, but we’ve been here…
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EPA Can Help You Keep It Clean in a World with COVID-19
March 16, 2020
Virus-killing myths, like gargling salt water, are floating around as fast as toilet paper has flown off the grocery store shelves. When those shelves…
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Federal Regulators Urge Banks to Work with Borrowers Affected by the Coronavirus
March 16, 2020
In the last week, COVID-19 has upended the normal routines of daily life in America. While the health and safety of all Americans is…
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When a Condominium Falls Down
March 11, 2020
Buildings do not last forever. Eventually, gravity and time will prevail over concrete, steel, wood, and glass. The risks associated with that life span…
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Top 10 Technology Trends and Topics for Attorneys to Watch
March 6, 2020
From technical competency to artificial intelligence to cybersecurity, Ward and Smith’s Director of Information Technology Charles Collins counted down the top 10 most critical…
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Leaders Share Wisdom, Experience From Running Companies
March 4, 2020
Four business leaders discussed how they relate to competitors in their industry, their most important job as leaders, succession planning, motivation, and other topics…
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Thanks for the Tip: U.S. DOL’s Proposed Rule and Potential Enhanced Availability of “Tip Pools”
February 28, 2020
The Fair Labor Standards Act of 1938 (“FLSA”), for decades, has permitted employers to pay some workers a lower minimum hourly wage than would…
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March 31 Deadline to Amend 403(b) Retirement Plans Approaches
February 25, 2020
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…
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What “Professionalism” Means at Ward and Smith
February 25, 2020
Ed. Note: Stephanie Crosby, our Paralegal Supervisor for the Business Section, recently gave an in-house presentation about professionalism. She nailed it. We are proud…
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The Business Judgment Rule: How Corporate Directors Can Sleep Better At Night
February 21, 2020
What is the Business Judgment Rule? The North Carolina Business Corporation Act (the “Act”) imposes certain requirements on corporate directors to ensure that they…
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Can a Creditor Violate the Automatic Stay in Bankruptcy by Doing Nothing?
February 19, 2020
Filing a bankruptcy petition automatically halts efforts to collect pre-petition debts from the debtor outside of bankruptcy. If a creditor wants to continue a…
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U.S.-China Trade Deal Shows Potential for Improved U.S. Intellectual Property Rights in China
February 12, 2020
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…
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In-House Counsel Seminar Insights: Group Exercise Highlights Tricky Employment Law Issues
February 7, 2020
Hammertime Security is a nationwide cybersecurity firm whose in-house counsel faces a slew of tricky legal problems: Managers posting unprofessional content on social media…
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Challenges of New Hemp Brands
February 5, 2020
Trademarks include the elements that constitute a “brand.” Trademarks typically consist of words, phrases, symbols, designs, or any combination of those things, identifying and…
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NC Business Court Clarifies Exception to Rule that LLC Members Do NOT Owe Fiduciary Duties to One Another
January 31, 2020
One of the hallmarks of limited liability companies (“LLCs”) is that members of an LLC ordinarily do not owe fiduciary duties to each…
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Supreme Court Rules “Now or Never” to Appeal Stay Relief Denials
January 20, 2020
Under the Bankruptcy Code, filing a bankruptcy petition automatically halts efforts to collect pre-petition debts from the debtor outside of bankruptcy. This is the…
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U.S. Department of Labor Issues Final Rule on Joint Employment
January 14, 2020
On January 12, 2020, the United States Department of Labor (“USDOL”) Wage and Hour Division announced a final rule regarding joint employment under the…
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Real-Life Lessons on How Mid-Sized Companies Handle Ownership Transitions
January 8, 2020
Business consultant Karen Albritton and attorney Deana Labriola, along with Ward and Smith attorney Matt Thompson, all with personal experience in a variety of companies, discussed several of…
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Tearing Up the Litmus Test: Potential Problems with Testing Employees for Marijuana Use
January 3, 2020
Picture this: You are a law-abiding citizen. You observe the speed limit (or, at least, stay within five MPH of it), you don’t cheat…
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Estate Planning Resolutions for 2020
January 2, 2020
The holiday season has come and gone, and it’s hard to believe that we are on the brink of a new year and decade. …
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4 Things Hemp Lawyers Want You to Know Before You Sell CBD Products
December 20, 2019
You’ve probably heard this by now, but hemp and hemp-derived cannabidiol (“CBD”) were previously classified as Schedule I controlled substances under the Controlled Substances…
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Two Pairs of Eyes Are Better Than One: Why Community Associations and Developers Should Have Separate Legal Counsel
December 18, 2019
North Carolina has the third most planned communities in the United States after California and Florida. All of these planned communities typically evolve in…
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Harley-Davidson Dealer Violates Automatic Stay, Goes from Creditor to Judgment Debtor
December 13, 2019
If you lend money, you know – or should know – it is a cardinal sin to collect a debt or repossess collateral after…
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Class is in Session: CBD Class Action Lawsuits are Trending Up
December 11, 2019
Products containing hemp-derived cannabidiol (“CBD”) have become incredibly popular in the United States, with new product brands entering the market seemingly every day. Consumer…
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EEOC Representative Provides Perspective on Sexual Harassment and Discrimination
December 6, 2019
How does the Equal Employment Opportunity Commission evaluate discrimination complaints? What trends is it seeing in the cases it’s reviewing? And how do investigators…
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Finishing the Job: The Importance of Domesticating a Foreign Judgment
December 4, 2019
How does a creditor enforce a judgment against a debtor who either relocates to another state, or owns property in another state? If the…
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FDA Issues Warnings to 15 Companies for Illegally Selling Products Containing CBD
November 27, 2019
On November 25, 2019, the U.S. Food & Drug Administration (“FDA”) published a press release, published a revised Consumer Update, and announced the issuance…
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NCGA 2019 Wrap-Up: A Tale of a Legislative Impasse
November 22, 2019
It’s a wrap for the 2019 North Carolina General Assembly, at least for now. Lawmakers have adjourned for the year, ending one of the…
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Hemp’s Storied Past – and (Potentially) Bright Future – in North Carolina
November 20, 2019
Hemp has long held a prominent place in our nation’s agricultural history. Hemp was a staple crop in Colonial America. It was present on…
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Lifetime Transfers of Family Business Interests: An Estate Tax Planning Opportunity in Uncertain Political Times
November 15, 2019
When a family business owner’s goal is to ultimately pass ownership of the business on to the next generation, business succession planning and the…
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Dot-Com Hits the Supreme Court
November 13, 2019
Breaking News! What happened? The United States Supreme Court recently announced that it has granted certiorari in United States Patent and Trademark Office v.…
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Retirement Plan Contribution Limits Will Increase in 2020
November 7, 2019
The Internal Revenue Service announced on Wednesday, November 6, that several contribution limits in qualified retirement plans will increase next year. The IRS announced…
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USDA Establishes National Domestic Hemp Production Program
November 5, 2019
On October 31, 2019, the United States Department of Agriculture (“USDA”) published its Interim Final Rule establishing the nation’s Domestic Hemp Production Program, and…
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Live-Action Role-Playing — The Challenges of Working With Family Members
October 31, 2019
Leaders of closely held businesses got an opportunity to view a family-owned enterprise as an outsider would, instead of their usual position inside a…
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Is it Time to Re-Write Your Attorney’s Fees Provision?
October 29, 2019
Bankruptcy court is not the first place that comes to mind when a lender thinks about full recovery on a loan. Usually, debtors file…
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The Longest Dance – The WOTUS Two-Step
October 23, 2019
We are on the eve of a new regulatory definition of “waters of the United States” for the Clean Water Act. The United States…
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Reminder to North Carolina Employers: Take Time to Thoughtfully Craft Your Restrictive Covenants!
October 18, 2019
A recent decision of the North Carolina Court of Appeals serves as an important reminder to avoid the temptation to overreach when seeking to…
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How to Write an Effective SBA Litigation Plan
October 16, 2019
When an SBA loan goes into default, the SBA requires a lender to commence litigation when the lender concludes that (1) defensive action is…
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Can an Employee be Fired for Being Gay or Transgender?
October 10, 2019
HR Professionals will soon know the answer to this question. The United States Supreme Court is preparing to settle a contentious debate on employee…
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Sewing Strong Seeds, Reaping Strong Benefits: NC Chamber’s 2019 Agribusiness Conference Delivers Big Yields
October 7, 2019
This marks the second year that the North Carolina Chamber of Commerce has hosted a formal business conference dedicated to Agribusiness in North Carolina…
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How Companies Must Tackle the 4 M’s to Grow Through ‘No-Man’s Land’
October 4, 2019
Businesses trying to grow through the stage where they’re too big to be small businesses, but not large enough to be big businesses, must…
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So You’ve Been Watching (and Cringing at) HBO’s “Succession?”
October 2, 2019
Let’s discuss some less-dramatic exit options for business owners (when they want to step away). You may not run a global media conglomerate, but…
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A Conversation on Diversity and Inclusion with D&I Advisory Group Co-Chairs Amy Wang & Melissa Forshey Schwind
September 27, 2019
Let’s start at the beginning. So what’s the difference in diversity and inclusion? Diversity, to us, recognizes and values the differences in people. Often,…
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Best Practices When Liquidating Real Estate-Secured SBA Loans
September 25, 2019
For several years, the United States Small Business Administration (SBA) has experienced continuous growth with its flagship 7(a) and 504 business loan programs. For…
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On Notice: How to Avoid Improper Notices of Appeal
September 19, 2019
Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear. A Notice of Appeal must “designate the judgment or order from…
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A Win for Hemp in Court, and What it (Might) Mean for North Carolina
September 17, 2019
The hemp and cannabidiol (“CBD”) industries today face substantial uncertainty, and they lack clear Federal rules, regulations, and guidance within which governments and businesses…
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Is it Time to Review Your Succession Plan Documentation?
September 13, 2019
Business succession and estate plans are made based on circumstances existing at the time they are put in place. Though skillful attorneys strive to…
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Federal Trade Commission Joins in Warning Companies About Unsupported CBD Health Claims
September 12, 2019
Much of the regulatory “attention” regarding cannabidiol (“CBD”) has been, understandably, focused on the U.S. Food and Drug Administration (“FDA”). Indeed, the FDA was…
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The Member’s Role in a Community Association
September 4, 2019
Congratulations! You just purchased your first home in a planned community and became a member of a community association. For a detailed understanding of…
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Hemp Crop Insurance Update: “Whole-Farm” Coverage to Include Hemp
August 29, 2019
The unavailability of crop insurance for hemp has long been a source of frustration and risk for growers in North Carolina, especially in the…
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DEA Recognizes Legality of Hemp
August 27, 2019
On August 26, 2019, the U.S. Drug Enforcement Agency (or “DEA”) issued a public notice that formally – and, finally! – expresses the agency’s…
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New Law More than Doubles Chapter 12 “Family Farmer” Debt Limit
August 26, 2019
On Friday, August 23, 2019, the President signed into law the Family Farmer Relief Act of 2019. The Act increases the debt limit used…
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NC Legislative Update: Hemp Legislation Passes House; Headed Back to Senate
August 23, 2019
On August 21, the North Carolina House of Representatives voted, by a narrow margin, to advance Senate Bill 315 – North Carolina Farm Act…
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Attorneys Provide Updates on Rapidly Changing Aspects of Employment Law
August 16, 2019
Several Ward and Smith attorneys provided updates on some of the fastest-changing areas of employment law during the firm’s 2019 Employment Law Symposium. In…
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NC Anti-Indemnity Statute Update, New Changes Now in Effect
August 7, 2019
On July 8, 2019, Governor Roy Cooper signed into law HB 871, significantly altering North Carolina’s anti-indemnity statute, N.C. Gen. Stat § 22B-1 (“Anti-Indemnity…
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What Happens to My Lease in Bankruptcy?
August 2, 2019
Suppose you own farmland or retail commercial space and you lease your property. What happens to your lease if the lessee files bankruptcy? And…
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NC Attorney General Talks Opioid Epidemic at Employment Law Symposium
July 31, 2019
North Carolina Attorney General Josh Stein identified opioid abuse and cybersecurity as top challenges businesses face, while also giving attendees at Ward and Smith’s…
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The Accidental Construction Owner: A Checklist of Considerations for HOAs Engaging in Construction
July 26, 2019
Homeowners associations (“HOAs”) do not typically act as construction owners. HOAs are set up as entities to maintain and manage planned unit communities. The…
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Where There’s Smoke, There’s Fire: The Raging Legislative Battle Over Smokable Hemp
July 23, 2019
Hemp and its derivatives – including hemp-derived cannabidiol (“CBD”) – were previously classified as Schedule I controlled substances under the Controlled Substances Act of…
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Supreme Court: Rejection of a Trademark License by a Bankrupt Licensor Doesn’t Terminate the License
July 17, 2019
What happens if you are a trademark licensee and your licensor files for bankruptcy protection? Can the licensor unilaterally terminate your license and prohibit…
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Don’t Jump Without a Parachute! Understanding Community Association Insurance Needs
July 12, 2019
In the aftermath of Hurricane Florence, many Community Associations located in the Eastern part of the state had a rude awakening when they discovered…
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Supreme Court Sets Standard for Bankruptcy Discharge Violations
June 27, 2019
When your customer is in bankruptcy, there are two major no-nos that you must remember. First, don’t violate the automatic stay, which prevents a…
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Industry Update: USDA Aims to Release Hemp Rules by August
June 25, 2019
Hemp was decriminalized with the passage of the Agriculture Improvement Act of 2018, a.k.a. the “2018 Farm Bill.” While the 2018 Farm Bill decriminalized…
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Construction Conference Insights: Industry Leaders Lay the Foundation for Success
June 21, 2019
Three construction industry executives with nearly a century of experience among them freely shared the lessons they had learned and the keys to their…
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USPS Revises Policies on Shipment of Hemp and Hemp-Related Products
June 14, 2019
Effective June 6, 2019, the United States Postal Service (USPS) revised its rules and regulations to provide new mailing standards for hemp and products…
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Top 10 Estate Planning Mistakes & How to Avoid Making Them
June 12, 2019
As estate planners, we have seen it all over the years. What we have learned is that people make some common mistakes. Whether due…
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Hemp News: Updates on Interstate Travel, Interstate Commerce, and Crop Insurance
June 6, 2019
The Transportation Security Administration (TSA) recently changed its policy on hemp-derived products. Products and medications that contain lawfully produced hemp-derived cannabidiol (CBD) are now…
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Fourth Circuit Provides Relief to Chapter 13 Debtors for Some Underwater Mortgages
June 3, 2019
In a victory for Chapter 13 debtors, the United States Court of Appeals for the Fourth Circuit recently issued a major decision that changes…
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Live Action Role Playing — A Day in the Life of HR
May 31, 2019
Attendees at Ward and Smith’s 2019 Employment Law Symposium got a taste of the legal twists and turns that any human resources professional could…
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Bankruptcy Discharge of Debts for Willful and Malicious Injury
May 29, 2019
Can a debtor discharge a debt arising out of a deliberate or intentional act that causes injury to you? A recent article addressed the…
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Construction Conference Insights: Industry Expert Lays Out Prospects for Growth
May 24, 2019
Wondering about the outlook for the construction industry in 2019 and beyond? Chris Daum, president and CEO of Raleigh-based FMI Corp., has a forecast. Daum…
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Will My Judgment Get Discharged in Bankruptcy?
May 17, 2019
Bankruptcy is meant to provide a fresh start for the honest but unfortunate debtor. A debtor who files Chapter 7 does so with the…
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Beer, Hemp, and CBD in North Carolina
May 13, 2019
The cannabidiol (“CBD”) industry is exploding today. Hemp and hemp-derived CBD were classified as Schedule I controlled substances under the Controlled Substances Act of…
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2018 Farm Bill and Federal Trademark Protection for Hemp
May 10, 2019
This article continues our earlier discussion about brand protection for hemp-derived cannabidiol (“CBD”). The U.S. Patent and Trademark Office (“USPTO”) generally refuses to register…
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Compliance Inspections for CBD Retail Operations in NC
May 8, 2019
In February, the North Carolina Department of Agriculture & Consumer Services (the “Department”) disclosed its intent to issue CBD Advisory Letters to hemp and…
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From Facebook to FMLA to Furry Friends—Frequently Asked Questions in Employment Law
May 3, 2019
The questions we receive as labor and employment attorneys vary based on many factors such as organizational changes a business is experiencing, new laws…
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USDA Accepting Plant Variety Protection Applications for Hemp
April 30, 2019
In April 2019, the U.S. Department of Agriculture (“USDA”) announced that it will accept plant variety protection applications from breeders of seed-propagated hemp. This…
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Can I Get Sued Over a Court-Authorized Foreclosure?
April 15, 2019
If a Clerk of Court authorizes a foreclosure sale and the trustee sells the property, can a borrower or other aggrieved party later sue…
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Avoiding Commercial Lease Disputes – Clearly Reflecting the Intent of the Parties is Key!
April 12, 2019
A commercial lease symbolizes a consensual relationship between parties that can be enduring and rewarding, or short-sighted and emotionally and financially taxing. Entering into…
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Rental Rebellion: New Bill Would Change the Leasing Landscape in Planned Communities
April 5, 2019
The battle between “pesky, disrespectful, transient tenants,” and “overbearing, Big Brother community associations” may be heating up in North Carolina, thanks to a bill…
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Construction Conference Insights: How to Lower Legal Risk
March 27, 2019
Three Ward and Smith attorneys provided detailed advice on how firms in the construction industry can lower their legal risk in the opening panel…
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Trademarks and Hemp-Derived Cannabidiol: Brand Protection for CBD Products
March 22, 2019
Cannabidiol (commonly referred to as “CBD”) has been in the news for several years now, due to its touted health and wellness benefits. This…
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The Economic Loss Rule and Why It Matters in Construction Litigation
March 20, 2019
In its broadest sense, the “economic loss rule” prohibits recovery in tort for purely economic loss incurred under contract law. The Merriam-Webster Dictionary online…
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Pray for a Good Harvest, but Keep at Your Plow – And Know Enough Employment Law to Stay Out of the Ditch
March 15, 2019
Employers in agribusiness face the same risks as those in any other business, but perhaps more than most if faced with frequent employee-turnover and…
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Are the Bankruptcy Courts Available for the Cannabis Industry?
March 8, 2019
Since 2012, ten states and the District of Columbia have legalized marijuana for adult recreational use. Another 23 states have legalized some form of…
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Will the Supreme Court Plug the Holes in Conduit Theory to Draw Clean Water Act Away from Groundwater?
March 1, 2019
The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act (“CWA”) impose liability on…
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Trends from the Industrial Hemp Summit
February 27, 2019
This week, we attended the Industrial Hemp Summit in Danville, VA. The quality of the event, the information shared, and the people in attendance…
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Who Gets What When a Real Property Lease Terminates?
February 22, 2019
Who gets what when a lease of real property is over? This is a question that can be problematic for both landlords and tenants. …
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Brownfields Redevelopment Receives Boost Under the BUILD Act
February 15, 2019
Redevelopment of environmentally-damaged property has seen steady growth in North Carolina and nationwide. The attraction to dense, urban communities offering work/live/play opportunities and away…
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NC CBD Companies Take Notice: NC Dept. of Agriculture Issues CBD Advisory
February 12, 2019
The Agriculture Act of 2018 legalized hemp and hemp-derived cannabidiol, or “CBD,” on the Federal level by removing both substances from the definition of…
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Can I Recover Attorneys’ Fees in Bankruptcy?
February 11, 2019
The United States Court of Appeals for the Fourth Circuit — which covers federal courts in North Carolina — recently handed a big victory…
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They Are Taking Our Common Area!
February 8, 2019
The power of eminent domain, also referred to as condemnation, refers to the power of the government or other quasi-governmental entity, such as a…
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Discovery for a Modern Age: E-Discovery, Metadata, and Cost Savings
February 6, 2019
Electronic discovery (“e-discovery”) isn’t the most popular legal topic out there. Even so, as the law becomes more technology-driven, e-discovery is quickly becoming a…
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In-House-Counsel Seminar Insights: Ethics and Professional Responsibility in the #MeToo Era
February 4, 2019
Ward and Smith employment law attorneys Ken Gray and Emily Massey gave corporate attorneys at the firm’s 2018 In-House Counsel Seminar a refresher in…
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Hey, Careful, Man, There’s a Beverage Here! TTB, CBD, and the Production of Beer
February 1, 2019
So you brew beer? Cool. So you want to brew a beer with cannabidiol? Even cooler. Don’t know what cannabidiol is? That’s ok. You…
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When a Chapter 11 Plan is Absolutely Dead on Arrival
January 30, 2019
Recently, we discussed In re CHL, a case involving a real estate developer in Chapter 11. We focused on the importance of the Disclosure…
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In-House Counsel Insights: What In-House Counsel Need to Know About Blockchain
January 25, 2019
A trio of blockchain experts helped corporate attorneys attending Ward and Smith’s 2018 In-House Counsel Seminar understand the ins and outs of blockchain technology.…
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In-House Counsel Seminar Insights: How General Counsel can Successfully Collaborate with Outside Attorneys
January 18, 2019
Three senior in-house attorneys discussed best practices for collaborating with outside counsel during a panel discussion at Ward and Smith’s 2018 In-House Counsel Seminar,…
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“We’ll Just Kick Him Out!” Member Discipline and Expulsion in Private Clubs
January 16, 2019
Most private country clubs and social clubs are nonprofit corporations governed by North Carolina’s Nonprofit Corporation Act found in Chapter 55A of the North Carolina…
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There’s a New Sheriff in Town: The Food and Drug Administration’s Move to Regulate CBD
January 10, 2019
Hemp has wide commercial application and appeal with a viable market for nearly every part of the plant, from the seeds, to the roots,…
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How Did We Get Here? A Quick Look at North Carolina Occupational Licensing Legislation
January 9, 2019
During the past four years, numerous bills concerning North Carolina’s occupational licensing boards have been proposed, but few have passed in the legislature and…
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The End of Hemp Prohibition
December 20, 2018
On Thursday, December 20, President Donald J. Trump signed into law the Agriculture Improvement Act of 2018 (“Farm Bill”). “Farm bills” are adopted by…
article
Estate Planning Resolutions for 2019
December 20, 2018
The holiday season soon will have come and gone. For many of us, the start of a new year can be a time of…
article
You Can’t Play Hide-And-Go-Seek in Chapter 11
December 19, 2018
In a Chapter 11 bankruptcy, the debtor attempts to reorganize its affairs in a Chapter 11 Plan. When the debtor files its proposed Plan,…
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Social Host Liability: Legal Issues When Hosting Holiday Parties and Other Social Events in NC
December 14, 2018
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The Affordable Care Act: What’s New in 2018/2019?
December 12, 2018
Over the past several years, there has been much speculation surrounding the Patient Protection and Affordable Care Act (the “ACA”), including whether it would…
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Will Bankruptcy Courts Treat Bitcoin as a Commodity?
December 5, 2018
What is virtual currency? Is it money? Is it a commodity? Is it a hybrid of the two or something else entirely? The answer…
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How To Avoid Becoming A #MeToo Statistic In 2019
November 30, 2018
A new lawsuit for sexual harassment is filed almost on a daily basis somewhere in the United States. Most of these lawsuits could have…
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Professional Defense for Professional Licenses
November 28, 2018
Sometimes it’s best to let professionals do what they do best. I don’t call a real estate agent when I need a flu shot,…
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A Perfect Union: Creating Landlord-Tenant Agreements for Commercial Leases
November 21, 2018
Similar to a marriage, in which two parties come together to enter into a legally binding agreement, a commercial lease symbolizes a forged relationship…
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I Want to Foreclose But I Can’t Find My Note. Do I Have a Problem?
November 16, 2018
In my last article, I discussed whether inconsistent dates on a promissory note and deed of trust could cause problems in foreclosure. But what…
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Lenders: Take a Hint! Forbearance or Modification Agreements Should Contain Specific Waiver Language To Protect Against “Regulation B” Claims
November 9, 2018
Lenders must comply with a constantly changing series of State and Federal laws and regulations. When loan relationships sour, and lenders seek to collect,…
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Employer Survival Toolkit for Natural Disasters and Inclement Weather
October 26, 2018
One month after North and South Carolina experienced the devastating effects of Hurricane Florence, many people and businesses are still suffering from the aftermath.…
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New Coastal Stormwater Program Variances May Benefit Community Associations
October 19, 2018
In the latest version of what appears to be an annual exercise, the North Carolina General Assembly passed a regulatory reform bill over the…
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Special Bulletin: Gov. Cooper Signs Hurricane Relief Package into Law
October 17, 2018
On Monday, October 15, the North Carolina General Assembly voted during a Special Session to approve Senate Bill 3, which appropriated an unprecedented $794…
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Elections Oversight and Enforcement: A Sea Change in North Carolina Political Law?
October 15, 2018
Political and campaign finance law is in a state of constant flux. That is truer in North Carolina than many other places. On January…
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Oden’s “Top 4” Issues for Employers for 2018 (So Far)
October 12, 2018
What follows are the “Top 4” issues or some variation/combination (in no particular order) that I have discussed with employers so far in 2018.…
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Trademarks and Community Associations: Maintaining Your Community’s Brand
October 5, 2018
Your community association (“Association”) probably invests substantial resources in protecting and maintaining its green spaces, facilities, and other common elements. But what about its…
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Industrial Hemp News Update: DEA Reschedules CBD Therapy
October 2, 2018
As we have written before, the legal world of cannabis-derived products is dynamic and uncertain. The current uncertain environment was born in the wake…
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Hurricane Florence – Emergency CAMA Permits Available
October 1, 2018
It’s been two weeks since the full force of Hurricane Florence squarely hit the eastern North Carolina coast from New Bern to Wilmington and…
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Should You Bank a Virtual Currency Business?
September 28, 2018
Virtual currencies like Bitcoin and Ethereum have spawned many types of businesses that need banking services. Many banks “de-risk” — do not provide banking…
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My Note and Deed of Trust Have Different Dates. Do I Have a Problem?
September 26, 2018
Consider this scenario: You loan money to a borrower. You intend to secure the loan with a deed of trust encumbering real property. Your…
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Meeting Street: Safely Traveling the Road to Community Association Annual Meetings
September 12, 2018
Annual membership meetings are an essential thread of the fabric of community associations. Indeed, North Carolina law requires that all community associations hold a…
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The Reach of the Clean Water Act Takes a Dive into Groundwater
September 7, 2018
Can the law that protects the quality of the nation’s waters seep into groundwater below the surface? According to the United States Court of…
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Construction Law: Final Payment by Owner, Avoiding Lien Claims
September 5, 2018
A contractor has finished work on a construction project in North Carolina and submitted a written request for final payment to the owner of…
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Dodd-Frank Revisions Benefit Private Companies: Congress Doubles Enhanced Disclosure Trigger for Equity Compensation Awards Under Rule 701
August 31, 2018
The Economic Growth, Regulatory Relief, and Consumer Protection Act (the “Act”) hit national news channels in late May 2018 due to its sweeping relief…
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Construction Arbitration: The Pros and Cons
August 29, 2018
It’s an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction…
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Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World
August 20, 2018
For North Carolinians, hemp is here. The federal legalization of hemp grown under state-sanctioned research programs in the Agricultural Act of 2014, combined with…
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Ward and Smith’s 2018 Employment Law Symposium: Real-Life Lessons in Diversity in the Workplace
August 17, 2018
This is the last in a series of articles summarizing key topics addressed at the Ward and Smith, P.A. 2018 Employment Law Symposium held…
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Tranquil Beaches and Simple Trademarks … and the Dangers Swirling Below
August 10, 2018
Trademark clearance and registration—sounds like an additional legal expense, right? Unfortunately, this potential cost is the reason many individuals and businesses forgo the trademark…
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Domicile for Public School Enrollment Under Joint Custody in NC
August 8, 2018
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. …
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HIPAA: Responding to Law Enforcement and Administrative Requests and Demands Part I
August 1, 2018
The Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule attempts to strike a balance between the protection of a patient’s privacy and the…
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Key 2018 Legal Updates for Employers: Report from Ward and Smith’s 2018 Employment Law Symposium
July 27, 2018
This is the third in a series of articles summarizing key topics addressed at the Ward and Smith, P.A. 2018 Employment Law Symposium held…
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Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse
July 25, 2018
Your business has taken off, and you’ve been searching for that perfect 7,500 square foot building on an acre of land close to town,…
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NCGA 2018 Wrap Up: Abbreviated Short Session Produces Fewer Bills but More Proposed Constitutional Amendments
July 20, 2018
The 2018 Short Session of the North Carolina General Assembly adjourned in late June and can boast something that many Short Sessions cannot: that…
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Family Affair: Potential Problems with Family-Owned Businesses
July 18, 2018
Some of the most heartbreaking situations we see in our closely-held business and estate practices are families torn apart over differences in dealing with…
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Adventurer Beware! The Scope and Enforceability of Liability Waivers in North Carolina
July 13, 2018
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Employment Law Symposium: Preventing and Dealing with Workplace Harassment
July 11, 2018
This is the second in a series of articles summarizing key topics addressed at the Ward and Smith, P.A. 2018 Employment Law Symposium held in Wilmington, North Carolina. …
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In Chapter 7, Oral Lies Are Safer Than Written Lies
July 6, 2018
In my last article, I discussed how the Fourth Circuit Court of Appeals affirmed the denial of a Chapter 7 debtor’s discharge because the…
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California Passes Strictest Data Privacy Law in the Nation—Even Businesses Outside of California Could be Affected
July 5, 2018
California has now enacted the strictest data privacy law in the nation. The Consumer Right to Privacy Act of 2018 (“California Privacy Act”), which…
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Hemp News Highlights
June 29, 2018
We’ve previously published articles about industrial hemp and the excitement and curiosity it continues to garner as a cash crop in North Carolina. That…
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Retaining North Carolina’s Booming Virtual Currency Industry
June 27, 2018
North Carolina rightfully regards itself as a leader in innovation and as a hub for technology—it hosts Research Triangle Park and world-renowned universities, and…
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In Chapter 7, Lowballing Your Assets Can Cost You Your Bankruptcy Discharge
June 20, 2018
The United States Court of Appeals for the Fourth Circuit—which covers North Carolina—recently decided a case that will have bankruptcy debtors thinking twice about…
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USPTO Issues New Patent Eligibility Guidance in Berkheimer Memorandum
June 15, 2018
After the United States Supreme Court’s 2014 decision in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, many inventors and patent practitioners were left…
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Employment Law Symposium Insights: Dealing with Workplace Discrimination
June 13, 2018
This is the first in a series of articles summarizing key topics discussed at Ward and Smith’s 2018 Employment Law Symposium. Recently, Thomas M.…
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Public University Required to Disclose Sexual Assault Disciplinary Records
June 8, 2018
Recently the North Carolina Court of Appeals issued a controversial, but unanimous decision requiring the University of North Carolina at Chapel Hill (“UNC-CH”) to…
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Supreme Court Update: Merchant Rights and the Masterpiece Cakeshop Case
June 6, 2018
In 2015, the United States Supreme Court issued its landmark decision in Obergefell v. Hodges, ruling that the Fourteenth Amendment precludes states from prohibiting…
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Industrial Hemp: Go for the Boom, Avoid a Bust!
June 1, 2018
While relatively new to North Carolina’s farm economy, industrial hemp is gaining traction as a promising cash crop. Interest and acceptance are growing among…
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Real Property: More Than Meets the Eye
May 30, 2018
Each parcel of real property is a unique asset. It is typically well understood that location is paramount, and that size, elevation, and other…
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Choice of Entity for the Closely Held Business—Comparing LLCs and Subchapter S Corporations
May 25, 2018
While the Internal Revenue Code (“Code”), Subchapter C Corporation (“C Corp”) will be the proper choice of entity for some closely held businesses (particularly…
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Can I Secure a Loan with Bitcoin? Part III
May 18, 2018
In my previous articles, I discussed the challenges of using Article 9 of the Uniform Commercial Code (“UCC”) to create and perfect a security…
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GDPR: Everybody’s Doing It—Shouldn’t You?
May 16, 2018
In just a few short days, on May 25, 2018, supervisory authorities in the European Union (“EU”) will begin enforcement of the EU’s General…
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Supremes Move the Chains to Allow Sports Gambling in North Carolina
May 14, 2018
The United States Supreme Court’s decision today in favor of New Jersey’s gambling interests eviscerated the federal government’s prohibition on sports gambling across the…
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Play by the Rules, Especially if They Are Your Rules: NC Supreme Court Creates New Constitutional Claim for Governmental Employees
May 11, 2018
“We hold it to be self-evident that all persons … are endowed by their Creator with certain inalienable rights; that among these are life,…
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Summary of the March 2018 Global Privacy Summit
April 27, 2018
The International Association of Privacy Professionals (“IAPP”) is the world’s largest information privacy organization. IAPP provides education, training, and tools to professionals engaged in…
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Focus on Military Readiness Means More Construction Work on Military Bases
April 25, 2018
The United States military is the most powerful warfighting force in world history. But Secretary of Defense Jim Mattis made a stark observation in…
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What Could Go Wrong? The Importance of Business Succession Planning
April 20, 2018
Most business owners expect that their company will continue to operate after they stop working. However, successfully transitioning control of a business rarely occurs…
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Look Before You Sign … the Pitfalls of Personal Guaranties
April 13, 2018
Limited liability protections afforded by various corporate, limited liability, or limited partnership laws normally insulate business owners from personal liability for their business’s debts.…
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“ITIN Contractors” – What North Carolina Construction Companies Need to Know to Minimize Risk
April 11, 2018
As explained in an earlier article, the North Carolina Department of Revenue (the “NCDOR”) has aggressively audited North Carolina construction companies on the issue…
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Can I Secure A Loan with Bitcoin? Part II
April 6, 2018
In my previous article, I discussed the challenges of using Article 9 of the Uniform Commercial Code (“UCC”) to create and perfect a security…
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Wake Up and Smell the . . . PLAY-DOH®?
March 23, 2018
It has been about a year since the toy company, Hasbro, Inc. (“Hasbro”), filed with the United States Patent and Trademark Office (“USPTO”) to…
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Protecting Important Assets of your Growing Business: The Value of Non-Compete Agreements and Trade Secret Protection
March 21, 2018
You have a great idea for a product or service and dream of putting that idea to work by starting a business. Once your…
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Can I Secure a Loan with Bitcoin? Part I
March 16, 2018
Each day seems to bring another story about Bitcoin, Ethereum, Litecoin, or another virtual currency. If virtual currencies continue to grow in popularity, it’s…
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N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value
March 13, 2018
In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property’s fair market value. In its decision…
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The 2018 North Carolina Chamber Environmental Compliance Conference
March 7, 2018
The North Carolina Chamber hosted its annual Environmental Compliance Conference on February 1, 2018, in Durham. North Carolina leaders were on hand to provide…
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Hemp Horizon: Time for Growth?
February 23, 2018
The Legal Commercialization of Industrial Hemp in North Carolina North Carolina is an agricultural power house. The state’s farmers contribute over $80 billion to…
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Community Associations: Proxies at Meetings are from Mars and Written Ballots are from Venus
February 21, 2018
Most community associations, at least annually, are faced with action items requiring a vote of their membership. For example, community association membership participation is…
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Winning While Losing with Attorneys’ Fees Provisions
February 14, 2018
The United States District Court for the Middle District of North Carolina recently issued a decision that demonstrates the power of attorneys’ fees provisions…
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Exclusive Use Provisions in Commercial Leases
February 9, 2018
Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant…
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Muddy Waters: Stormwater Permits Not Meant to Control Flooding or Flood Losses
January 17, 2018
Those living in communities subject to North Carolina Stormwater Permits or local stormwater management easement agreements are increasingly alarmed as rainy weather, even without…
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NC Department of Transportation Condemnation: What Do They Mean By Permanent Utility Easement?
January 15, 2018
When the North Carolina Department of Transportation (“DOT”) exercises its power of eminent domain, in addition to taking private property in fee simple, it…
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Individual Chapter 11 Plans Also Are Just About Written in Stone
January 10, 2018
In an article last year, we informed you about a ruling from the United States Bankruptcy Court for the Eastern District of North Carolina,…
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New Year, New Data Protection Law: Is Your Company Ready for the GDPR?
January 8, 2018
The countdown has officially begun. On May 25, 2018, the European Union’s (“EU”) General Data Protection Regulation (“GDPR”), a sweeping data privacy and security…
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It’s Official: Brewers Will Pay Less Tax in 2018. Now What?
January 4, 2018
On December 22, 2017, the President signed into law the Tax Cuts and Jobs Act, which reduces the federal excise tax on brewers for…
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Tax Reform – What Does it Mean for You and Your Business?
January 2, 2018
Let’s face it—the Internal Revenue code (the “Code”) and the reams of regulations that implement the Code can be very complex. However, most individuals…
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Estate Planning Resolutions for 2018
December 29, 2017
Another holiday season will have come and gone before we know it. For many, the start of 2018 will be a time of empty…
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Wrapping Your Privacy Practices Up with a Bow
December 19, 2017
For many companies, the “hap-happiest season of all” coincides with the busiest season of all. Business owners and employees are racing to fill customer…
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Our Firm Let Insurance Providers Compete and Wound Up Saving 13% On Our 2018 Healthcare Costs
December 12, 2017
Remember the good old days when healthcare benefits were provided at a premium level for a small additional cost to the employer? Many of…
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New Bankruptcy Rules that Creditors Need to Know and Follow
December 11, 2017
On December 1, 2017, several changes to the Federal Rules of Bankruptcy Procedure took effect. The changes involve consumer cases under Chapter 13 and…
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Social Hosts Beware: “One More for the Road?” May Be a Bad Idea
December 6, 2017
Everyone was having such a good time, too . . . The company was hosting its annual holiday party. The company had arranged to…
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Cheers! Brewers Will Have Reason to Toast if Proposed Tax Changes Become Law
November 30, 2017
Much press has been given to recent efforts in Congress to reform the federal tax code. The House and the Senate have each proposed…
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The EEOC on Pregnancy, Reasonable Accommodation, and Religion
November 20, 2017
Recent Views from the EEOC Charlotte District Office Thomas M. Colclough, Deputy District Director of the Equal Employment Opportunity Commission (EEOC) Charlotte District, spoke…
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In Bankruptcy, a Lease Isn’t Always a Lease
November 15, 2017
In In re Price, the United States Bankruptcy Court for the Eastern District of North Carolina recently explored the difference between a “true” lease…
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NC Oyster and Marine Aquaculture Makes a Splash
October 31, 2017
North Carolina is prioritizing the marine fisheries and oyster industries to provide growth opportunities for non-urban coastal communities. Activities in the North Carolina House…
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The Revival of North Carolina General Assembly Special Sessions and Why They Matter
October 19, 2017
Brief History of Special Sessions In odd numbered years, after the North Carolina General Assembly adjourns its Long Session, the body typically abstains from…
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Issues to Consider in Rights of First Refusal
October 16, 2017
People often talk about giving or getting a Right of First Refusal (“ROFR”) in real estate transactions. But what is a ROFR? A simple…
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Your Foreclosure Hearing Just Got More Crowded
October 9, 2017
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…
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On Your Mark—”TM” or “®”? Trademark Notice Guidelines
October 4, 2017
Business owners, whether starting a new business or a new brand, tend to have similar trademark-related questions: Do I need a trademark registration? What…
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Truth and Consequences: Title VII’s Opposition Clause and Employer’s Reasonable Belief
September 29, 2017
This summer, the United States Court of Appeals for the Fourth Circuit, which hears appeals from North Carolina federal courts, issued an opinion that…
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Do I Need An Estate Plan?
September 14, 2017
Do you care who will receive your assets upon your death? Do you have a minor child or children and want to have a…
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600,000 Reasons to Comply with the Fair Credit Reporting Act
September 13, 2017
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…
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Well, Isn’t That a Special Use? Navigating the Special Use Permit Process in North Carolina
September 12, 2017
North Carolina statutes provide that cities and counties may issue special use permits in accordance with the principles, conditions, safeguards, and procedures specified in…
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“Stick A Fork in It!” Updated Overtime Rules Are DOA . . . For Now
September 8, 2017
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…
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The Section 363 Sale Process: Buying Assets from a Bankrupt Company
August 30, 2017
Businesses struggle and bankruptcies are filed for a number of reasons, regardless of the economic climate. While unfortunate, this provides opportunities for others to…
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North Carolina Law Adds Predictability to Litigation Involving Business Contracts
August 24, 2017
North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte,…
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Federal Tax Liens In Foreclosure Proceedings
August 8, 2017
Henkel v. Triangle Homes is a North Carolina Court of Appeals case with dueling tax foreclosure proceedings involving the same property. One foreclosure proceeding…
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Intangible Risky Business
July 28, 2017
The national, and many times global, reach of most businesses, regardless of size and physical location, continues to drive the ever increasing importance and…
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The Long Goodbye: General Assembly’s 2017 Long Session Ends, But Additional Fall Sessions Remain
July 10, 2017
In the early morning hours of June 30th, the North Carolina General Assembly adjourned its 2017 Long Session after a lengthy night of debate,…
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Senate Bill 155: The Brunch Bill – Expanded Version
June 30, 2017
UPDATE: North Carolina Governor Roy Cooper officially signed the bill into law on Friday, June 30, hours after this article was published. A few…
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Types of Insurance That May Apply if You Are Injured in a Car Accident in North Carolina
June 28, 2017
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“Waters of the United States” – Will Rewrite of the Clean Water Rule Bring Elusive Clarity and Predictability?
June 13, 2017
Sixteen months after the United States Court of Appeals for the Sixth Circuit entered its Order halting application of the 2015 Clean Water Rule…
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North Carolina Supreme Court Holds That Liberal Standard of Notice Pleading Applies to Judicial Foreclosure Actions
June 12, 2017
In an important decision for creditors, the North Carolina Supreme Court recently clarified the distinction between judicial foreclosure and non-judicial foreclosure by power of…
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What NC Community Associations Need to Know about Fair Debt Collection
May 30, 2017
Nearly all Community Associations (“Associations”) must cope with owners who fail or refuse to pay their periodic assessments (also known as “Dues”). When this…
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Media Mention: “The Local Commercial Real Estate Landscape”
May 26, 2017
Wilmington real estate attorney and North Carolina State Bar Board Certified Specialist in Real Property Law Sam Franck was featured in an “Insightful Discussions”…
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Asset Protection Planning: Steps You Should Consider Now
May 26, 2017
Is the federal estate tax law going to change or be abolished under the Trump administration? Time will tell. One thing is certain: tax…
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Succession Planning—Bet the Farm on It
May 12, 2017
Despite recent trends toward consolidation in the agricultural industry, farming generally remains a family affair. According to the United States Department of Agriculture, 98%…
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North Carolina Supreme Court Adopts “Substantial Competent Evidence” Requirement for Borrowers Asserting “True Value” Defense in Foreclosure Deficiency Actions
May 8, 2017
On Friday, May 5, 2017, in a major victory for lenders, the North Carolina Supreme Court reversed the North Carolina Court of Appeals’s decision…
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We Need a License To . . . Be a Charity?
April 21, 2017
Wait a minute! Haven’t we done everything we’re supposed to do? We’ve clearly defined our charitable mission. We formed our non-profit corporation. We got…
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Supreme Court Announces Broad Separability Test in Applying Copyright Law to Useful Articles
April 19, 2017
This article continues the discussion in an earlier article addressing the scope of copyright protection as it applies to useful goods under copyright law.…
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Here Today, Gone Tomorrow: the Allures and Legal Considerations of Pop-Up Shops
April 11, 2017
For years now, a new type of retail merchant has been “popping up” everywhere. Short-term, temporary retail events, or “pop-ups,” serve as a marketing…
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Supreme Court Absolutely Affirms the Absolute Priority Rule
April 6, 2017
The United States Supreme Court recently decided a case that impacts lenders and other creditors in Chapter 11 bankruptcy proceedings. The Supreme Court held…
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House Bill 89: Does It Grant or Just Tweak The Power to Abolish a Public Housing Authority?
March 23, 2017
Since 1969, Chapter 157 of the North Carolina General Statutes (the “Housing Authority Law”) has allowed municipalities and counties to create and abolish Public…
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No Ifs, Ands, or Butts: Regulating Smoking Within Community Associations
March 16, 2017
The End of the Age of “Mad Men” The past twenty years have seen a dramatic uptick in the regulation of smoking, as dozens…
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How to Survive a North Carolina Department of Labor OSH Investigation
March 14, 2017
Introduction Your business may be subject to an investigation by the North Carolina Department of Labor, Occupational Safety and Health Division (“OSH”) at any…
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Fourth Circuit Hands Victory to Lenders in Chapter 13 Mortgage Case
March 8, 2017
The United States Court of Appeals for the Fourth Circuit—which covers federal courts in North Carolina—recently handed a victory to residential real estate lenders…
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Substance Use Disorder Treatment Providers: Time for a Compliance Check
March 1, 2017
SAMHSA Amends Confidentiality of Substance Use Disorder Patient Records Regulations On January 18, the Substance Abuse and Mental Health Services Administration (“SAMHSA”), an agency…
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The North Carolina Business Court Evolves
February 28, 2017
Three Things You Need to Know to Be Up to Date Business courts are not so-named because they favor businesses, but because they are…
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Estate Tax Reform Predicted for 2017
February 22, 2017
A key goal for those of us who practice with Ward and Smith is to inform our clients and future clients of potential developments…
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Lenders Seeking Loan Modification After Bankruptcy, Beware!
February 16, 2017
LENDERS CANNOT REVIVE A GUARANTY OBLIGATION DISCHARGED IN BANKRUPTCY WITH A SUBSEQUENT MODIFICATION OR FORBEARANCE AGREEMENT, EVEN WITH NEW CONSIDERATION; AND ATTEMPTING TO DO…
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Unwrapping the Riddle: What is a Community Association?
February 10, 2017
There are approximately 14,000 planned communities located throughout North Carolina, but very few of the nearly 3 million residents of such communities have a…
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What’s So Special About a Foreclosure Special Proceeding?
February 1, 2017
The North Carolina Supreme Court recently clarified that the North Carolina Rules of Civil Procedure and doctrines of res judicata and collateral estoppel do…
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The Blind Side: EEOC’s “Proposed Enforcement Guidance on Harassment”
February 1, 2017
“The more laws, the more offenders.” — Thomas Fuller Background On January 10, 2017, the United States Equal Employment Opportunity Commission (the “EEOC”) did…
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The Importance of Construction Contracts and Items to Consider When Preparing Construction Contracts
January 30, 2017
It’s important for parties entering into any significant economic transaction to have written contracts. This is especially true for construction projects which are, by…
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The Basics of 1031 Exchanges – Part Two: Structuring Partnership/LLC 1031 Exchange Cash-out Transactions
January 26, 2017
This is part two of a two-part series on Internal Revenue Code Section 1031 tax-deferred exchange transactions. The first article provided an overview of…
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New Stormwater Rules Effective January 1, 2017
January 23, 2017
Stormwater management is a concern across the country. The United States Environmental Protection Agency renewed municipal stormwater as one of its National Enforcement Initiatives. …
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The Basics of 1031 Exchanges – Part One
January 16, 2017
This is part one of a two-part series on Internal Revenue Code Section 1031 Tax-Deferred property exchanges. This first article will provide an overview…
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Flipping the Script: Court holds that a Lender can sue a Borrower for Unfair and Deceptive Trade Practices
January 12, 2017
Recently, in Makadia v. Continental Waste Management, LLC, the United States District Court for the Eastern District of North Carolina considered a matter that…
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Estate Planning Resolutions for the New Year
December 20, 2016
For many of us, the start of a new year can be a time of empty commitment to self-improvement. Meaningful resolutions are infrequently made…
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Additional Guidance for Post-Alice Prosecution
December 15, 2016
The Latest Memorandum from USPTO on Subject Matter Eligibility Provides Additional Guidance for Post-Alice Prosecution On November 2, 2016, the United States Patent and…
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Rejoice: The Return of Premium-Reimbursement Plans for Small Employers
December 12, 2016
Last week Congress passed H.R. 34, which will exempt certain health reimbursement arrangements (“HRA”), including premium-reimbursement plans, from most Affordable Care Act requirements for…
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Pretty Fast for Government Work: United States Department of Labor Files Notice of Appeal of Order Enjoining Enforcement of “Final” Overtime Rule
December 7, 2016
On November 22, 2016, the United States District Court for the Eastern District of Texas granted a momentous preliminary injunction stopping the United States…
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Having Election News Withdrawal?
December 5, 2016
Supreme Court Decides Case on Protected Political Activity in Public Employment Some of us may have had enough of all things election by now. …
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Website Owners, Mobile Application Providers, and Other Online Service Providers BEWARE
November 28, 2016
Failure to Comply with New DMCA Eligibility Requirements May Result in Copyright Infringement Liability Any company that allows third-party users to post or link content…
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Wet Weather Regulations Now More Expensive Under EPA’s Industrial Stormwater Settlement Penalty Policy
November 28, 2016
Heavy and consistent rainfall this summer, even before Tropical Storms Hermine and Julia and Hurricane Matthew, produced a tremendous amount of stormwater. Grass swales…
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Not So Fast: Texas Judge Stops Department of Labor From Implementing New Overtime Rules on December 1st
November 22, 2016
The United States District Court for the Eastern District of Texas has granted a preliminary injunction stopping the U.S. Department of Labor (“DOL”) from…
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Why Do You Need a Buy-Sell Agreement for Your Closely Held Company?
November 18, 2016
Why do you need a Buy-Sell Agreement for your closely held company? In a nutshell, your business partner might die, become disagreeable, or just simply…
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Just Compensation for Contaminated Land
November 14, 2016
When a government agency or private party involuntarily takes your property (a proceeding called eminent domain or condemnation), you are entitled to receive “just compensation”…
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Being Dismissive: The Realities of Having a Lawsuit Dismissed
November 10, 2016
We often hear the phrases “frivolous case” or “thrown out of court,” and, as these sayings imply, we make broad assumptions about the procedural…
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Lessons From the EEOC’s General Counsel’s Retrospective: Top Ten Litigation Developments and the Effective Employer’s Response
November 8, 2016
On October 7, 2016, the General Counsel of the U.S. Equal Employment Opportunity Commission (“EEOC”), P. David Lopez, presented “The EEOC’s Top Ten Litigation Developments” at an employment…
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Public Housing Alert
November 3, 2016
The North Carolina Supreme Court Recently Removed the Unconscionability (or “Unfairness”) Defense to Eviction. But, With One Catch… Technical notice requirements, grievance procedures, and…
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Impact of Cloud-Based Software Service Providers on HIPAA Covered Entities and Business Associates
October 31, 2016
The message from patients to healthcare providers is clear: increase the quality of health services while decreasing cost. The message from the federal government…
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The Attorney Client Privilege in Community Associations
October 26, 2016
Few legal concepts rival the complexities surrounding the attorney‑client privilege in community association matters. The confusion about these complexities, and the resulting misunderstandings, do…
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The Benefits of Using Multiple “Single-Asset” Limited Liability Companies for Investment Properties
October 14, 2016
Practicing real estate law means that I’m constantly talking with all types of clients, including large scale developers as well as individuals simply looking…
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What’s So Special About Special Meetings? A Brief Look Into Special Meetings of Property Owner Associations
October 11, 2016
All North Carolina property owner associations are required by law to have regular meetings of the Board of Directors (“Board”) and at least one…
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Hurricane Matthew – Emergency Permits After North Carolina State of Emergency
October 5, 2016
UPDATE 10/12/16 Coastal property owners who need to replace docks, piers, bulkheads, or similar structures damaged by Hurricane Matthew along sounds, rivers, and creeks…
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Applying Copyright Law to Useful Articles – A Dispute Over Cheerleading Uniforms May Result in a New, Unified Test
October 4, 2016
Introduction United States copyright law protects original, creative expression fixed in a tangible medium, such as sculptures, paintings, and musical recordings. But, subject to…
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Will anyone be offended if the Supreme Court finds the disparagement provision of the Lanham Act invalid?
September 30, 2016
Breaking News! What happened? Yesterday, the Supreme Court of the United States announced that it has granted certiorari in Lee v. Tam, a case…
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The North Carolina Landowner Protection Act: Encouraging Access for Hunters, Trappers, and Other Outdoor Enthusiasts
September 21, 2016
If you are a private landowner in North Carolina, you may not be aware that you owe a certain duty of care not only…
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North Carolina Court Clarifies Deadlines to Set Aside Fraudulent Conveyances
September 15, 2016
Recently, the North Carolina Court of Appeals, in the case of KB Aircraft Acquisition, LLC v. Berry, et al., clarified the time limit…
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The End of Family Business Valuation Discounts?
September 1, 2016
Proposed Treasury Regulations Prompt Immediate Action The Threat to Planning with Family Business Interests: Recently proposed regulations threaten a powerful planning technique – the…
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Treating with the Enemy: Civil Collaborative Practice
August 30, 2016
If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file…
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Home Owners Associations: Beware of the Fair Housing Act When Enforcing Pet Prohibitions and Restrictions
August 11, 2016
Many planned communities, townhome communities, and condominiums (collectively, “Associations” since they are nearly universally governed by one) have restrictions that either prohibit or limit…
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Chapter 13 Plans are Just About Written in Stone
July 26, 2016
Recently, a bankruptcy judge in the United States Bankruptcy Court for the Eastern District of North Carolina issued a ruling that should help lenders…
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Food Giants Prepare for Battle Over Trade Secret Misappropriation
July 22, 2016
On July 19, 2016, the “You Pick Two®”-famous Panera Bread filed a lawsuit in St. Louis against Papa John’s, claiming that the international pizza…
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Reasonable Compensation Issues Remain On the IRS Radar Part II: S-Corporation Concerns
July 19, 2016
Our May 26, 2016 article, Reasonable Compensation Issues Remain on the IRS Radar (“Part I”), discussed how the IRS scrutinizes the reasonableness of compensation…
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BREXIT: Unchartered Territory for EU and UK Data Protection Standards
June 28, 2016
So what changed on June 23, 2016? Maybe everything, and then again, maybe nothing at all. The UK is leaving the EU. While this…
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TAKEN! Historic Eminent Domain Decision: NCDOT Must Pay When it Files a Transportation Corridor Protection Map
June 16, 2016
On June 10, 2016 the North Carolina Supreme Court affirmed the decision of the North Carolina Court of Appeals in the case of Kirby…
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A Win for Creditors: Supreme Court Expands the Meaning of Actual Fraud for Bankruptcy Discharge
June 3, 2016
The United States Supreme Court recently decided a case that will be a powerful tool for lenders dealing with borrowers who engage in schemes…
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Can a Judge Force You to Pay Your Child’s Private School Tuition?
June 2, 2016
In some circumstances, the answer is “yes.” In North Carolina, a court considering a parent’s child support obligation initially consults the North Carolina Child…
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Municipalities, Farmers, and Manufacturers Targeted by EPA’s New Enforcement Initiatives
June 2, 2016
Municipalities and those involved in animal feeding and food manufacturing operations take heed: heightened EPA scrutiny is coming your way! Every three years, the…
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How Non-Probate Assets Can Affect Your Estate Plan: A Few Cautionary Tales
June 1, 2016
When you think about the control of your possessions and assets after your death, you probably think of a Will and probate. A Will…
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Reasonable Compensation Issues Remain On the IRS Radar
May 27, 2016
Many professional service corporations (“PSC”) such as law firms, accounting firms, and medical practices are organized and taxed as C-corporations. The earnings of a…
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Losing Control: The USDOL’s Latest Independent Contractor Test
May 24, 2016
The use and misuse of independent contractor status has been one of the most talked about issues facing businesses over the past decade. Major…
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North Carolina General Assembly Makes Public-Private Development Agreements More Available And Attractive
May 24, 2016
Background Before 2005, North Carolina’s laws on vested rights offered developers some protection, but not enough, for the large, multi-phased, multi-year, mixed use developments…
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North Carolina Court of Appeals Declines to Enforce Arbitration Clause in Construction Contract
May 24, 2016
Introduction An arbitration clause in a contract can affect the method parties will use to resolve disputes, what remedies are available to them, and,…
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Heads and Tails: Liability and Damages, the Two Inseparable Sides of the Same Coin in Litigation
May 20, 2016
With some limited exceptions (the author is an attorney after all), every litigation case has two phases and crucial steps: liability and damages. The…
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Did You Tell Them? Employers’ Notice Obligations Regarding Whistleblowers Under the Federal Defend Trade Secrets Act
May 19, 2016
The federal Defend Trade Secrets Act (“DTSA”), an amendment to the Theft of Trade Secrets Act, became effective May 12, 2016. The DTSA provides…
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At Long Last: The Department of Labor Issues Final Salary Threshold Rule Effective December 1, 2016
May 18, 2016
After almost a year of speculation and concern, the U.S. Department of Labor (“DOL”) today, May 18, 2016, issued its long-awaited Final Rule on…
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Choosing Wisely – Selecting a Trustee
May 12, 2016
Many people use a revocable trust as part of their estate plan because of its probate avoidance and privacy benefits after death. In addition,…
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How to Recover a Bid Deposit When a High Bidder Defaults on a Foreclosure Bid
May 12, 2016
Recently, in In re Ballard, the North Carolina Court of Appeals issued an opinion that provides a blueprint for a lender to pocket a…
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Stormwater Rules Get Another Facelift
April 15, 2016
On February 15, 2016, the North Carolina Environmental Management Commission (“EMC”) published proposed changes to various stormwater rules. The public hearing process is currently…
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ACA Penalties: Tricky Navigation For a Parent Who is Not Required to Obtain Insurance Coverage
April 14, 2016
When separated or divorced parents share the responsibility for financial support of their minor children, the determination of which parent pays for the children’s…
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U.S. Supreme Court Tie Vote Leaves Equal Credit Opportunity Act Spousal Guarantee Defense Unresolved
April 1, 2016
The recent death of Justice Antonin Scalia has impacted a decision of great importance to lenders: Does the Equal Credit Opportunity Act (“ECOA”) protect…
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The Aftermath of Obergefell: Unsettled Times for Tenancy by the Entirety
March 31, 2016
Regardless of your politics, your religious beliefs, which side of the social divide you’re on, or how you feel about it, one thing is…
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54,000 Reasons Not to Violate the Automatic Stay
March 16, 2016
Recently, in In re Johnson, a bankruptcy judge in the United States Bankruptcy Court for the Western District of North Carolina issued a ruling…
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Craft Breweries to be Affected by New FDA Menu Labeling Requirements
March 7, 2016
In late 2016, craft brewers may find themselves shouldering the burden of providing additional nutrition information beyond current container labeling requirements. On December 1,…
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North Carolina Supreme Court Issues a Reminder on the Scope of a Lender’s Duty to a Borrower
February 19, 2016
Recently, in Arnesen v. Rivers Edge Golf Club & Plantation, Inc., the North Carolina Supreme Court issued a welcome opinion for lenders that reaffirmed…
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North Carolina Construction Companies – Have You Covered Your Bases on Your Payments to Your “ITIN Contractors”?
January 29, 2016
If you are like many North Carolina construction company owners and managers, the phrase “ITIN contractor withholdings” is one with which you are unfamiliar. …
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The Perils of Government Reimbursement for Medical Services: Whistleblowers, the False Claims Act, and The Park Ridge Hospital Settlement
January 21, 2016
On September 21, 2015, the United States Department of Justice announced a settlement between the federal government; the States of North Carolina, Florida, Georgia,…
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The IRA Trust: The Reese’s Cup® of IRA Beneficiary Planning
January 21, 2016
Two primary goals for designating a beneficiary of an Individual Retirement Account Trust (“IRA Trust”) are (a) minimizing income tax and (b) preventing creditors…
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North Carolina Supreme Court Upholds Boilerplate Waiver and Release Language to Defeat Lender Liability
January 4, 2016
Recently, in Ussery v. BB&T, the North Carolina Supreme Court issued an opinion that provides a powerful weapon for lenders. The North Carolina Supreme…
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Drone On – May I See Your Flight Registration Please?
December 18, 2015
***PLEASE NOTE: On May 19, 2017, the United States Court of Appeals for the District of Columbia Circuit issued an opinion that vacated the…
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The Sticks And Stones Of Internet Libel: What Legal Recourse Do You Have If An Anonymous Internet Poster Defames Your Business?
December 4, 2015
The Internet makes it relatively easy for anyone to anonymously post negative and untrue comments about your business. If you discover that someone is…
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Company-Paid Personal Expenses May Be Income For Determining Child Support Obligations
November 24, 2015
It is not uncommon for an employer or an owner of a closely-held business to provide an employee, company member, or corporate officer with…
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A Blueprint for Damage Control for Bankruptcy Code Violations
November 18, 2015
Recently, a bankruptcy judge in the United States Bankruptcy Court for the Eastern District of North Carolina issued a ruling that reminds lenders of…
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Eminent Domain 101
November 10, 2015
The power of eminent domain, also referred to as condemnation, is the power to involuntary take a person’s private property for a public purpose. …
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E-Verify Changes Expected for North Carolina
October 27, 2015
In the final days of the 2015 legislative session, the North Carolina General Assembly passed the Protect North Carolina Workers Act (“Act”). The Act…
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Can’t Find Enough Cash Flow In the Stock Market? Maybe a “Triple-Net Lease” Is Your Answer
October 20, 2015
Maybe you are getting your finances in order for retirement. Maybe you own real estate that requires a lot of oversight and you would…
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“Spoiler Alert”: Amended Federal Rule 37(e) Addresses Standards and Sanctions for the Spoliation of Electronically Stored Information
October 13, 2015
On December 1, 2015, absent congressional action, a significantly revised version of Federal Rule of Civil Procedure Rule 37(e) will become effective. The revised…
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Clean Water Rule: All Washed Up for Now
October 9, 2015
On Friday, October 9, 2015, the United States Court of Appeals for the Sixth Circuit issued an Order halting the application of the new…
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Secured Creditors Entitled to Contract Interest Rate in Chapter 13 Plans
October 8, 2015
Recently, a bankruptcy judge in the United States Bankruptcy Court for the Middle District of North Carolina issued a ruling that should help lenders…
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Can You Pass the Affordable Care Act Pop Quiz?
September 29, 2015
The Patient Protection and Affordable Care Act (“ACA”) became the law on March 23, 2010. Despite the five years that have passed since it…
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North Carolina Supreme Court Extends “Offset Defense” to Guarantors in Foreclosure Deficiency Actions
September 28, 2015
On September 25, 2015, the North Carolina Supreme Court handed down a landmark decision that will radically alter the process by which lenders pursue…
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Is The New Clean Water Rule A Cleaner Way To Predict Federal Jurisdiction Over Property Or Does It Just Muddy The Waters?
September 14, 2015
Introduction On August 28, 2015, a new rule issued by the United States Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (the…
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Will We See Another Round of Legislative Patent Reform in 2015? If so, Trolls Beware!
August 18, 2015
Another round of proposed patent reform aimed at curbing the activities of non-practicing entities (“NPEs”- aka “patent trolls”) is teed up in Congress for…
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Real Estate Developers – Proper Planning is Key to Maximizing The After-Tax Return on a Development Project
August 18, 2015
Before starting a new development project, residential and commercial real estate developers should focus on properly structuring the acquisition and development of the property…
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White Collars Turning Blue? The Possible Impact on Employers of the Department of Labor’s Proposed Revisions to the Regulations Governing Overtime Pay for “White Collar” Workers
August 17, 2015
The Department of Labor has proposed rules to dramatically limit the ability of employers to classify “white collar” employees as exempt from overtime pay…
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Ward and Smith, P.A. Honors the Memory of Longtime Co-Editor Cheryl A. Marteney
August 11, 2015
Readers of Legal Currents and other publications of Ward and Smith, P.A. may have noticed that for many years the attribution “Cheryl A. Marteney…
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New Highway Law Includes Tax Provisions
August 10, 2015
On July 31, 2015, President Obama signed into law “The Surface Transportation and Veterans Health Care Choice Improvement Act” (the “Act”). The primary focus…
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Retention Elections – The General Assembly Creates A New Way For North Carolinians To Elect Incumbent Justices Of The North Carolina Supreme Court
August 4, 2015
Until now, a sitting Justice of the North Carolina Supreme Court had to run for reelection against any other person or persons who filed…
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Unpaid Interns: Does The Law Actually Require That They Be Paid For Their Work?
July 21, 2015
Do you have students and recent graduates eager to learn about your company and industry just to get a leg up for future employment…
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Another Blow to Lenders in Foreclosure Deficiency Actions in North Carolina
July 20, 2015
On July 7, 2015, the North Carolina Court of Appeals handed down a decision that, if not reversed by the North Carolina Supreme Court,…
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Supreme Court of North Carolina Recognizes Compensable Right in Approved Subdivision Development Plan
June 25, 2015
Introduction The power of eminent domain, or “condemnation,” is the power of the government and certain regulated public utilities to take private property for…
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New Default Allows New Foreclosure: Erosion of the Two-Dismissal Rule
June 22, 2015
On June 2, 2015, the North Carolina Court of Appeals issued an opinion that provides some protection for lenders foreclosing on real property collateral. …
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Do You Hear What I Hear? A Child’s Perspective
June 19, 2015
Custody cases are often the most emotionally charged and difficult legal cases to resolve. In North Carolina, a court’s focus in custody issues must…
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Supreme Court Protects Junior Mortgages From “Lien Stripping” in Chapter 7
June 12, 2015
On June 1, 2015, the United States Supreme Court issued a ruling that is a victory for lenders dealing with borrowers who file Chapter…
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The I’s Have It: Immunity, Indemnification, and Insurance for Nonprofit Directors
June 8, 2015
There are many opportunities to serve on the board of a nonprofit corporation, whether a public charity, private foundation, home-owner association, trade association, or church. …
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Changes are Brewing in North Carolina’s ABC Laws: Contract Brewing, Alternating Proprietorships, and On-Site Distillery Sales
June 5, 2015
Yesterday, June 4, 2015, the North Carolina House of Representatives voted to approve House Bill 909 (“HB 909”), An Act to Make Various Changes…
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Community Associations Legislative Update – 2015 Long Session
May 21, 2015
The North Carolina General Assembly continues to meet in the 2015 “long” session. The General Assembly is considering a number of pieces of legislation…
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New Commercial Lease Accounting Rules—How They May Affect Both Owners/Landlords and Lessees
May 12, 2015
As two of the accounting world’s major governing bodies work to converge their standards on the recognition of revenue of contracts with customers, they…
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Perhaps Mimeographs and IBM Selectrics® Weren’t So Bad: Employee Entitlement to Use Employer Email Systems to Engage in Protected Concerted Activity
April 30, 2015
Overview Most employers of any size or sophistication are generally familiar with the governmental agencies that regulate them, such as the U.S. Department of…
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Contractor Licensure in North Carolina
April 30, 2015
North Carolina requires that anyone who contracts with another person or entity to construct or make improvements to any building, highway, or public utilities,…
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Ward and Smith, P.A. Bids Farewell to Frank H. Sheffield, Jr.
April 30, 2015
Ward and Smith, P.A. has bid a bittersweet, but fond, farewell to the long-time head of its Environmental Practice Group, Frank Sheffield, who has…
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“I’m from the Government and Here to Help”: The NLRB’s New EXPEDITED Union “Representation Case Procedures”
April 21, 2015
Union membership in the private sector, nationwide and in states like North Carolina, is hardly flying off the shelf. It now appears that the…
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Spousal Guaranties—Clarifying the Rules Governing Personal Guaranties from Spouses of Borrowers
April 14, 2015
When lenders make a loan to a closely-held company, they frequently require one or more of the company’s principals to personally guarantee repayment of…
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Transportation Corridor Protection Maps—A New Basis for Inverse Condemnation Claims in North Carolina
March 31, 2015
A recent North Carolina Court of Appeals decision gives protection to all landowners subject to a North Carolina Department of Transportation Corridor Map. North…
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With Tax Season Upon Us…Are You Aware Of All The Tax Reform That May Impact Your Taxes This Year?
March 17, 2015
The United States Congress and the North Carolina General Assembly have been busy over the past couple of years implementing significant tax reform for…
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The United States Department Of Labor Revises FMLA’s Definition Of “Spouse” To Include Same-Sex Marriages: What Does Your Company Have To Do By March 27, 2015 To Comply?
March 13, 2015
On February 25, 2015, the United States Department of Labor (“DOL”) published a Final Rule (“Final Rule”) that modified the definition of “spouse” under…
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Transportation Corridor Protection Maps—Has Your Land Been Taken?
March 11, 2015
When a corridor protection map was filed in 2005 for the extension of Military Cutoff Road in New Hanover County in accordance with the…
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Are Deficiency Actions Now Dead In North Carolina?
February 27, 2015
On February 17, 2015, the North Carolina Court of Appeals handed down a decision that, if not reversed by the North Carolina Supreme Court,…
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Get Consumer Electronic Consents Right And Avoid Salt In The Wound
February 3, 2015
Clicking the “Accept” or “Agree” button on a website has become a daily ritual. Electronic consents have become ubiquitous because businesses of all kinds…
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1.5 Billion Reasons To Be Careful With Your UCC Termination Statement
January 28, 2015
The Uniform Commercial Code (“UCC”) contains important rules that creditors must understand and follow if they want to create and maintain perfected and enforceable…
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Please Release Me: How To Obtain Or Prevent Third-Party Releases In Bankruptcy
January 20, 2015
Bankruptcy protection—particularly a Chapter 11 reorganization—can be a powerful tool for a company in financial distress. But can a debtor company go even further…
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Fracking—One Step Closer To Reality In North Carolina
January 5, 2015
The North Carolina Rules Review Commission (“RRC”) recently approved 107 new rules proposed by the state’s Mining and Energy Commission, putting North Carolina one…
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Prove It Or Lose It: How Not To Botch A Foreclosure
December 29, 2014
If you are a lender with real estate-secured loans in your portfolio that you acquired from another institution, or if you routinely buy commercial…
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2015 ACA Forecast: Employers Beware Of ACA Traps, Pitfalls, And Uncertainties
December 23, 2014
Employers must tread carefully in selecting employee benefit plans and avoid the temptation to implement healthcare cost‑saving tactics that push the boundaries of federal…
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Fair Labor Standards Act: Narrow Exceptions For Volunteers And Interns
December 18, 2014
How do you react to dedicated employees who love their work so much that they offer to perform extra work “off the clock”? Or,…
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Avoiding Three Costly Mistakes: Common Trademark And Copyright Pitfalls That Plague Businesses
December 18, 2014
Intellectual property law impacts every business—whether owners of the business know it or not. For example, the moment a name is used in relation…
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Penny Wise; Pound Foolish: Lack Of Careful Legal Planning Dooms Successful Business
December 11, 2014
The hallmarks of new business formation are energy, enthusiasm, and optimism. Without these elements fueling the momentum, there would be no new businesses. However,…
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What Is An Easement, How Do You Get One, And What Is It Good For?
December 10, 2014
You own land. Is it possible for someone else to have the right to use your land without your permission and maybe against your…
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I Really Don’t Like My Neighbor’s Tenants: Issues With The Use And Enforceability Of Rental Restrictions In Homeowners’ Associations
December 3, 2014
It is an all too common situation, especially in coastal communities, mountain retreats, and college towns: You bought a home in a planned community…
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ACA Alert: Be Wary Of “Skinny” Health Insurance Plans For 2015
November 21, 2014
So-called “skinny” or “bare bones” employer health plans generally do not provide coverage to employees for in-patient hospitalization services or physician services (or both). …
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Resolving Your Property Zoning Problems
November 12, 2014
What do you do when you’ve found the perfect location for your business or project, but you discover that it’s not properly zoned for…
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Two and Done? The Court of Appeals Suggests That Lenders May Only Get Two Shots at Foreclosure
November 10, 2014
Have you ever started a foreclosure, only to work something out with your borrower and dismiss the proceeding? Have you ever done that twice? …
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Can A Limited Liability Company Really Offer Equity Compensation Awards To Its Valued Employees?
October 29, 2014
You are always looking for creative ways to retain your top employees. One option is to offer valued employees equity in your business. However,…
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What In The World Is A “Gun Trust” And Why Might I Want One?
October 14, 2014
For avid hunters and gun enthusiasts, federal and state regulation of gun ownership can be burdensome and frustrating. Use of a gun trust could…
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SCOTUS Action Clears the Path for Same-Sex Marriage — North Carolina Couples Should Prepare Now
October 9, 2014
This week the Supreme Court of the United States denied review of seven petitions from five different states in which state bans on same-sex…
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Making The Hunter The Hunted: North Carolina Gives Business Owners New Tools To Combat “Patent Trolls”
September 26, 2014
Litigation in federal courts under federal law is a primary weapon in the battle to protect patents from infringement. However, because of alleged abuse,…
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2014 Update On The JOBS Act – Beware: Some Assembly Required
September 19, 2014
The Jumpstart Our Business Startups Act (“JOBS Act” or “Act”) was a bipartisan effort in Congress to unleash the power of 21st Century communications…
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Low-Income Housing Tax Credits – Introduction
September 19, 2014
Do you have any idea how most affordable housing units get built in the United States? Does the federal government build them or are…
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The SEC Rule 506 “Bad Actor” Final Rules
September 19, 2014
The new “bad actor” rules promulgated by the Securities and Exchange Commission (“SEC”) in Rule 506 require issuers to take “reasonable care” to verify…
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Deal Makers in the Rule 506 Market – Section 201(c) of the JOBS Act
September 19, 2014
There can’t be a vibrant securities market without deal makers. Someone has to bring buyers and sellers together so they can do deals. Traditionally,…
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“IPO On-Ramp” Provisions
September 19, 2014
The IPO On-Ramp, unlike most other provisions, of the Jumpstart Our Business Startups Act (“JOBS Act”) did not require rulemaking by the Securities and…
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Exchange Act Registration and Reporting Triggers
September 19, 2014
Companies with over $10 million in assets and which have a certain number of “record holders” of a class of securities must register under…
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Small Securities Offerings Getting Bigger – Regulation A+
September 19, 2014
The Jumpstart Our Business Startups Act (“JOBS Act”) amends Section 3(b) of the Securities Act of 1933 (“Securities Act”) to require that the Securities…
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SEC Proposed Crowdfunding Rules
September 19, 2014
The Basics –– Technology Platform Operators and Issuers “Crowdfunding,” the selling of small securities offerings in small increments to many buyers (“Crowd”), may have…
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Rule 506(c) Private Offerings General Solicitation and Advertising Provisions
September 19, 2014
General Background “Regulation D” allows for certain securities offerings to be exempt from the registration requirements of Section 5 of the Jumpstart Our Business…
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North Carolina Supreme Court Rules that ECOA Defenses May Be Waived by Obligors
September 18, 2014
On August 20, 2014, the North Carolina Supreme Court issued an opinion that provides a powerful tool for lenders with spousal guaranty agreements in…
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Recent Newspaper Series Brings Bad Publicity to North Carolina’s Construction Industry: But, Construction Companies – Here’s the Real Story
September 16, 2014
On Thursday, September 4, 2014, the Raleigh News and Observer and the Charlotte Observer published their “Contract to Cheat” series online, with corresponding articles…
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Does Your Property Owners Association Need Workers’ Compensation Insurance? Yes!
September 16, 2014
Background The North Carolina Workers’ Compensation Act (“Act”) requires all employers with three or more employees to carry workers’ compensation insurance. The purpose of…
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Planning And Enforcing A Successful Collections Policy
August 26, 2014
As economic conditions struggle to improve, many community associations (“Associations”) face the continuing challenge of chasing payment from a number of delinquent members. In…
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.Healthcare, The New .Com?
August 19, 2014
Prior to 2014, there were 22 domain extensions, called generic top-level domains (gTLDs) (.com, .org, .edu, etc.), available to direct internet users. In response…
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SPECIAL BULLETIN: So I Hired A Felon: An Update On The Law Of Negligent Hiring
August 19, 2014
We might call it a Scud theory of recovery. Like the notoriously inaccurate Soviet missile, negligent hiring is a hit, but mostly a miss,…
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.Beer, The New .Com?
July 28, 2014
Prior to 2014, there were 22 domain extensions, called generic top-level domains (gTLDs) (.com, .org, .edu, etc.), available to direct internet users. In response…
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Property Exchanges For Involuntarily Relinquished Land
July 22, 2014
Income taxes that would otherwise be incurred as a result of the involuntary conveyance or destruction of real property can be deferred to a…
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Dust Off Your Existing Trusts
July 9, 2014
Rising federal estate tax exemptions are providing you an opportunity to reconsider your existing trusts to determine whether a trust termination may provide an…
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Restrictions on Employees’ Post-Employment Work in North Carolina: The Balancing of Interests
June 25, 2014
The use of “covenants not to compete,” or “non-compete agreements,” which limit former employees from working for a competitor are gaining in popularity and…
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Fracking Movement in North Carolina: What Landowners Need to Know about the Energy Modernization Act
June 11, 2014
On June 4, 2014, Governor Pat McCrory signed into law a bill that will allow permits to be issued in North Carolina for gas…
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Gamechanger – Your Spouse’s Entitlement to Your Estate
May 16, 2014
The Marital Elective Share When a married person dies, North Carolina and many other states provide the surviving spouse with an elective share of…
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Fixing the Fight Beforehand: The Use and Enforceability of Liquidated Damages Clauses in North Carolina Contracts
May 16, 2014
The term “liquidated damages” describes an agreement between contracting parties to set a fixed monetary remedy in the event of breach of a contract. …
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Before the Aftermath: How to Prepare Now for the Possibility of a Privacy Lapse or Data Security Breach
May 16, 2014
Despite a greater focus on prevention than ever before, privacy lapses and data security breaches continue to increase as a source of financial, legal,…
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The Basics of Responding To A Civil Subpoena
May 14, 2014
There are many different kinds of subpoenas—civil subpoenas, criminal subpoenas, federal subpoenas, state subpoenas. This article addresses North Carolina state court civil subpoenas and…
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Mitigating The Risk Of Extending Trade Credit: Taking Security From Your Delinquent Customer
April 30, 2014
Unless you operate a retail business selling to individual consumers, you probably sell your goods and services to customers on credit. You may, at…
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Affordable Care Act Update: Are You Eligible For A Grace Period Until January 1, 2016?
April 11, 2014
On February 12, 2014, the U.S. Department of the Treasury issued final regulations (“Final Rules”) for the Shared Responsibility for Employers Regarding Health Coverage…
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Changes to N.C. Limited Liability Company Act – Is it Time to Update Your LLC’s Operating Agreement?
April 2, 2014
Effective as of January 1, 2014, the North Carolina General Assembly completely repealed the North Carolina Limited Liability Company Act (“Old Act”) and replaced…
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Use of Family Limited Liability Companies in Estate Planning
March 19, 2014
A family limited liability company can address several common estate planning challenges by providing centralized management of family assets, facilitating gifts, achieving asset protection,…
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2013 Dramatically Altered The Landscape Of The U.S. Patent System…So What’s Next In 2014?
March 5, 2014
The year 2013 saw some of the most significant changes to the U.S. patent system in more than 60 years. Pending legislation and several…
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Tax Resolution for 2014 – Be Proactive to Minimize Your Exposure to the New Net Investment Income Tax
February 5, 2014
The net investment income tax is a 3.8% federal tax that applies to certain taxpayers with passive income. It is important that you understand…
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More Appropriate Inquiries
January 22, 2014
A new standard practice for Phase I Environmental Site Assessments was adopted by the Environmental Protection Agency on December 30, 2013, adding more refined…
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Collecting Your Association’s Attorneys’ Fees From Delinquent Owners: Making Collections Actions To A Money Judgment An Even Better Tool For Collecting Delinquent Dues In An Upside-Down World
January 9, 2014
Nearly all community associations (“Associations”) must cope with owners who fail or refuse to pay their periodic assessments, which are commonly referred to as…
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Does Your Estate Tax Planning Still Make Sense?
December 18, 2013
The purpose of estate tax planning is to reduce the taxes on your estate so that you can leave more of your assets to…
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How Not To Get Zoned Out Of Your Transaction Or Project
December 4, 2013
Commercial real estate transactions and projects have become more complex and expensive. So, analyzing zoning and land use restrictions prior to the closing has…
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Google GlassTM: The Newest Technology Craze And “Game-Changer” For Employment Laws
December 2, 2013
Google® recently began marketing its newest product: Google Glass™. Seemingly identical to the futuristic spy gadgets worn by James Bond, Google Glass™ is ahead…
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I Am Not A Fiduciary, So Why Am I Being Held Liable As One?
December 2, 2013
In North Carolina, it is well settled that fiduciaries have certain duties and can be held liable for breaching those duties. What is less…
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Tax Listings And Tax Maps: Do You Own What The Tax Office Thinks You Own?
December 2, 2013
Most people are aware of what property they own, whether individually or through a business, but a person’s understanding of his or her property…
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Freedom Of Speech On Facebook®
November 19, 2013
A recent decision by the United States Court of Appeals for the Fourth Circuit holds that when a public employee clicks “Like” on a…
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My Spouse Did What and I Owe How Much in Taxes?
November 6, 2013
Filing a joint tax return seems like an innocuous and pre-determined action for most married couples. It is important to understand what obligations come…
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Recent IRS Ruling That All Legal Marriages Are Equal For Federal Tax Purposes Impacts Same-Sex Couples And Employers
October 23, 2013
The June 2013 United States Supreme Court decision in United States v. Windsor invalidated the portion of the Defense of Marriage Act (“DOMA”) that…
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CAUTION! CONSTRUCTION ZONE: A Piece-Rate Compensation System Can Be An Effective Tool For Construction Businesses, But What About Overtime?
October 21, 2013
If your business involves construction, then you may be familiar with the concept of piece‑rate compensation. Under this system, employees are paid based on…
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Incorporating N.C.G.S. Section 6-21.6 into Case Evaluations and Strategy
October 15, 2013
Prior to Oct. 1, 2011, it was very difficult to recover attorneys’ fees in a business contract case. There were narrow exceptions, including exceptions…
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“Dont Txt Me Pls…Im Driving.” Could You Be Liable For Sending A Text Message To A Driver?
October 9, 2013
A New Jersey court has held that a person sending a text message to a driver might be liable for injuries or damage caused…
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Don’t Bring My Spouse Into This.
September 10, 2013
In a case of first impression decided last month, the North Carolina Court of Appeals affirmed a trial court ruling that a guarantor-spouse may…
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SEC Rule Changes for Private Placements
September 9, 2013
In July 2013, the U.S. Securities and Exchange Commission (“SEC”) made the biggest changes to private placement capital raising rules since the SEC issued…
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But I’m Not The Employer! Personal Liability of Officers, Managers, Supervisors, and Shareholders Under Wage and Hour Laws
August 29, 2013
Self‑employment is an important source of jobs in the United States, but the vast majority of American workers are employed by businesses owned or…
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Getting and Keeping Your Place in Line: Two Reminders if You Take Personal Property as Security for a Debt
August 29, 2013
As all creditors know, you must file a financing statement under the Uniform Commercial Code (“UCC”), called a “UCC-1,” with the North Carolina Secretary…
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Update On The Jumpstart Our Business Startups (“JOBS”) Act
August 28, 2013
Recent rulemaking by the SEC on promising provisions of the 2012 JOBS Act is disappointing. We await further rulemaking for other provisions to be…
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“T Minus 30 Days”: Are You HIPAA Compliant?
August 22, 2013
Covered entities and business associates have until September 23, 2013 to be compliant with the final omnibus rule that made sweeping changes to the…
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Supreme Court Issues Significant Rulings Limiting Harassment and Retaliation Claims
August 14, 2013
In June, the United States Supreme Court issued two important rulings under Title VII of the Civil Rights Act of 1964, the federal statute…
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The North Carolina General Assembly: Historic Changes Mark the 2013 Session
August 12, 2013
When North Carolina’s House and Senate adjourned in July, they left Raleigh after making sweeping changes to established laws and policies in state government.…
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Social Media From A Litigator’s Perspective – Your Best Friend Or Worst Enemy?
July 31, 2013
Social media has become a big part of the lives of many in North Carolina and around the world. With this rise in popularity…
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Community Associations Legislative Update – End of 2013 Long Session – What Happens in Raleigh Does Not Stay in Raleigh
July 30, 2013
The North Carolina General Assembly has adjourned its 2013 “long” session and has enacted a number of pieces of legislation of which community association…
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Writing Some Wrongs: General Assembly Amends Planned Community Act and Condominium Act in Response to Unfavorable Court Decisions
July 25, 2013
The North Carolina General Assembly recently enacted Session Law 2013-34 (“Act”) that impacts homeowner associations and condominium associations (each an, “Association”). The Act was…
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Proposed Preliminary Growler and In-stand Sales Rules
July 18, 2013
Yesterday, a representative of Ward and Smith, P.A. attended the ABC Commission meeting on proposed Growler and In-stand beer sales rules. Here is a…
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Protect Your Bottom Line: Plan and Implement a Successful Collections Policy
July 17, 2013
Sticking to a sound collections policy is important, but many small businesses do not give sufficient attention to this component of their trade. With…
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Beware of “Red Flags”: What Must Your Business Do to Protect Customers from Identity Theft?
July 3, 2013
State and federal laws, including Federal Trade Commission regulations that were revised in late 2012, require certain businesses to play an active role in…
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Supervisors’ Personal Liability Under Federal and North Carolina Wage and Hour Law
June 19, 2013
Federal and North Carolina laws regarding employees’ wages and hours of work impose potential liability on a covered “employer.” Do such laws impose personal…
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U.S. Supreme Court Issues Decision on Patent Eligibility of DNA Sequences
June 18, 2013
On June 13, 2013, the U.S. Supreme Court ruled unanimously in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. ___ (2013) (“Myriad“) on…
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Wealthy Individual, You Just Filed for Chapter 11. What Are You Going to do Next? I’m Going to Disney World!
June 13, 2013
Although Chapter 11 of the United States Bankruptcy Code is more commonly associated with business reorganization, an individual or married couple also may use…
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Believe It, Or Not: Social Media Information Can Be A Trade Secret
June 5, 2013
Because social media is now a vital advertising tool for businesses, it is important that your business be able to protect its social media…
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Intellectual Property Rights: A Necessary Ingredient of a Brewer’s Brand Strategy
June 3, 2013
Intellectual property rights were on the minds of many brewers at this year’s Craft Brewers Conference (“CBC”) in Washington, D.C. The CBC workshops on…
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Community Associations Legislative Update – What Happens in Raleigh Does Not Stay in Raleigh
May 20, 2013
The North Carolina General Assembly is in the midst of its “long” session and has been considering a number of pieces of legislation of…
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Finger Pointing: Understanding the Relationship Between Insurance Coverage and Financial Responsibility in the Condominium Universe
May 17, 2013
The Nightmare You are an officer or director of a condominium association. It’s 3:00 a.m. You are peacefully asleep in your condominium unit when…
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HIPAA: Not Just For Doctors Anymore; Beware The Designation “Business Associate”
May 8, 2013
The final rules implementing the Health Information Portability and Accountability Act (“HIPAA”) became effective in March and apply to persons and companies other than…
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Don’t Let the Golden Goose Get Away: The Need for Caution When Contracting with a Local Government Unit
April 24, 2013
When contracting with a local government unit, it is important for businesses to consider additional legal requirements that, if not complied with, may void…
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New Domain Name Expansion Leads To The Trademark Clearinghouse – Is It Really The Trademark Owner’s Silver Bullet?
April 10, 2013
Domain Registrations – What’s Changing? Currently there are 22 domain extensions, called generic top-level domains (gTLDs) (.com, .org, .edu, and .net to name a…
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Leaving the Apples to Rot: The Duty of a Wronged Party to Mitigate its Damages and its Potential Waiver in Commercial Contracts
March 27, 2013
The duty of a legally-wronged party to mitigate its damages is an important legal mechanism that minimizes economic waste. Under North Carolina law, that…
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Here Comes the Sun – And It’s Alright (As Long as You Have a Good Solar Lease)
January 30, 2013
The North Carolina General Assembly is requiring North Carolina utilities to purchase energy from renewable sources. The hot sun beating on you and your…
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Trade Secrets: The Importance Of Evaluating Confidential Business Information On An On-Going Basis
January 8, 2013
Most people engaged in business are aware that sensitive information they develop and use can be classified as a “trade secret” and entitled to…
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Employers Beware! Don’t Let A Fair Credit Reporting Act Claim Sneak Up On You
January 8, 2013
When you think of the Fair Credit Reporting Act (“FCRA”), you likely do not instinctively picture an employer being hauled into court facing both…
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iHeadache: The Incorporation Of Metadata Into Discovery In Litigation And Its Impact On You
January 8, 2013
An Electronic Twist on a Traditional System It is no secret that we live in an increasingly electronic world. Whether we are checking email…
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Top Ten “Non-Tax” Estate Planning Recommendations
January 2, 2013
Despite the uncertainty about the future of the gift and estate tax laws, meaningful estate planning goals can be achieved by paying careful attention…
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Is a Restrictive Covenant With a Limitation on “Stories” Enforceable?
December 21, 2012
Consider the following scenario: Your client, a builder of residential homes, purchases six vacant lots in a partially developed subdivision consisting of 100 lots.…
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This, That, And The Kitchen Sink: Dividing It All Up After A Marriage Ends
December 19, 2012
The end of a marriage is often filled with stress, tension, and clouded judgment. What are your rights when it comes to dividing up…
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Love, Keystroking, Spyware, and Passwords: Oh my!
November 7, 2012
When faced with troubling family law situations, it is tempting to utilize technology to confirm or deny suspicions about your spouse. What is legal…
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Who Am I? EEOC Recognizes Gender Identity Discrimination
October 24, 2012
An Equal Employment Opportunity Commission ruling in April 2012 determined that employers found to be discriminating against an employee or applicant because of that…
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SPECIAL BULLETIN: North Carolina’s New Mechanic’s Lien Law – The Ground Has Shifted
October 11, 2012
On July 12, 2012, North Carolina Session Laws 2012-158 and 2012-175 became law. These laws significantly change North Carolina’s mechanic’s lien and public project…
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Sole Shareholders: Is One Greater Than Two?
September 27, 2012
Background; “It’s alive! It’s alive!” The Corporation as a Separate Being Under North Carolina and federal law (as well as the law of virtually…
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What Employers Need To Know About the Patient Protection and Affordable Care Act
September 5, 2012
On June 28, 2012, the United States Supreme Court upheld nearly every provision of the controversial Patient Protection and Affordable Care Act (“Health Care…
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Having Trouble Raising Capital? The Jumpstart Our Business Startups (“JOBS”) Act May Help
September 5, 2012
Having Trouble Raising Capital? You know you’re not the only one with a problem when Congress and the President agree there is a problem…
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Technology’s Increasing Impact On The Practice Of Family Law
September 5, 2012
It has been more than 20 years ago, but I distinctly remember meeting with a new family law client to discuss her recent discovery…
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Age Discrimination Update – Part 2
September 5, 2012
In the Spring edition of Legal Currents, we published an article entitled “Age Discrimination Update – Part 1.” It discussed recent labor statistics, commonly…
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Sequestration and the Department of Defense Budget: Its Stunning Impact on the National and North Carolina Economies
August 22, 2012
What is Sequestration? “Sequestration” is the fancy name given in Washington, D.C., to an extremely ugly and blunt form of congressional budget control. According…
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North Carolina Tax Reform – Are You and Your Company Ready?
August 15, 2012
The North Carolina General Assembly is poised to modernize the state’s tax code to reflect its current services-based economy. You and your company need…
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Title Insurance – The Fine Print
August 1, 2012
Most purchasers of real property, and almost all of their lenders, obtain title insurance. Title insurance, however, is not a cure‑all. This article addresses…
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Overview Of The Jumpstart Our Business Startups (“JOBS”) Act
July 18, 2012
The JOBS Act signed by the President on April 5, 2012, may offer better capital-raising opportunities to many tech companies and reduce their SEC…
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Criminal Background Information In Employment: It’s Not What You Learn, But How You Use It
July 5, 2012
The Problem Job applications frequently include questions such as: “Have you ever been arrested?” “Have you ever been charged with a crime?” “Other than…
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Do Subjective Preservation Standards Trump Objective Zoning Standards?
June 28, 2012
Numerous North Carolina municipalities and counties have established historic preservation commissions (“HPCs”). Pursuant to N.C. Gen. Stat. Chpt. 160A, Art. 19, Part 3C, HPCs…
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Proposed Changes to Tax Laws May Reshape Estate Planning Landscape
June 6, 2012
President Obama’s desired modifications to federal wealth transfer tax laws may limit your future estate planning, but you still have many tax saving opportunities…
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SPECIAL BULLETIN: Intelligent Beer: Tapping Into Intellectual Property
May 31, 2012
You are a successful brewer with a good quality beer, but how can you safeguard your success from imitators and solidify your relationship with…
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Need a Manufacturing Facility, but Don’t Want to Own One? Try Contract Manufacturing and a Comprehensive Agreement
May 24, 2012
Developing and marketing products is your expertise, not owning and operating a manufacturing facility. You want to engage a third-party manufacturer to manufacture your…
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Litigation By Any Other Name Would Still Be Dispute Resolution
May 9, 2012
Litigation includes many components that are often referred to interchangeably and incorrectly. Understanding the correct use of these terms is essential in gaining a…
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Plan Now To Use Historic Gift Tax Exemption Before Year-End
May 4, 2012
2012 may present the last opportunity to take advantage of the historically high lifetime gift tax exemption. In 2012, an individual can give up…
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“Let The Lender Beware!”: The Surrender Of Commercial Real Estate Collateral In Chapter 11 “Dirt For Debt” Bankruptcy Plans
May 4, 2012
Over the last several years, lenders have experienced an increasing number of defaults on loans secured by commercial real estate. More defaults are likely…
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Age Discrimination Update – Part 1
May 4, 2012
Age: A Fact of Life Consider the average time a job is held in the United States; one source tells us slightly less than…
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The Internet: By All Means, Use It, But Use It With Caution
May 4, 2012
Everyone not living under a rock now understands that an Internet presence is vitally important to almost every kind of business, but not everyone…
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When Employees’ Facebook® Posts Turn into Protected Activity
April 25, 2012
Employers may like to believe that they are free to discharge an employee who, via Facebook, has encouraged a former co-worker to hire a…
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SPECIAL BULLETIN: Complicating Issues Buffet North Carolina’s Wind Energy Projects
April 19, 2012
Just a few short years ago, the prospects for wind energy projects in North Carolina seemed extremely bright. With the strongest offshore wind resources…
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The Limited Availability to Employers of Additional Claims for Relief in Noncompetition Disputes
April 11, 2012
The North Carolina Business Court has recently issued an opinion suggesting that, in most cases, an employer’s claim for breach of a former employee’s…
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Proposed Patent Fees Under the Leahy-Smith America Invents Act: Be Prepared for Sticker Shock
March 28, 2012
The Leahy-Smith America Invents Act The Leahy-Smith America Invents Act (“AIA”) was signed into law on September 16, 2011, amid much fanfare, or at…
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I’ve Been Sued for a Preference (and don’t feel preferred at all)
March 15, 2012
My business received a demand letter from a bankruptcy trustee for a bankrupt customer asking me to return payments I received for goods and…
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Taxpayers Have One More Chance To Avoid Trouble: IRS Announces New Offshore Voluntary Disclosure Program
March 2, 2012
On January 9, 2012, the IRS announced a third Offshore Voluntary Disclosure program (“OVD”) for taxpayers with undisclosed foreign assets. The IRS has collected…
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Distressed Real Estate Developments and Declarant Rights: Potential Traps for Foreclosing Lenders
March 1, 2012
One of the most complex and challenging categories of OREO assets is distressed real estate developments. An unsettling number of stalled residential and commercial…
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Tracing the Comet’s Tail: Metadata is now Discoverable Information in Litigation
February 15, 2012
Today it seems that all information eventually finds its way into an electronic form of one kind or another. Thoughts are put into words…
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Does Your Company’s Website Privacy Policy Pass the Test?
February 1, 2012
During the last year, Facebook®, Twitter®, and Google® each settled disputes with the Federal Trade Commission (“FTC”) relating to website privacy, and Google® has…
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Your Federal Estate and Gift Tax Exemption – Use it or Lose it?
January 18, 2012
All individual taxpayers have a window of opportunity for passing their assets to family members or other individuals with less gift tax than ever…
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SPECIAL BULLETIN: Shale Gas Leases – Pitfalls for Unwary Landowners
January 3, 2012
Interest in shale gas development is reaching a fevered pitch in North Carolina. Shale gas is natural gas found in shale deposits a few…
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It’s Official: The “Race” is On…and Other Provisions of the 2011 Leahy-Smith America Invents Act
December 6, 2011
On September 16, 2011, the Leahy-Smith America Invents Act (“AIA”) was signed into law by President Obama. The AIA ushers in the most dramatic…
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The Importance of Being Prepared Before You Are Sued: Don’t Let Broad Document Discovery Requests Take You By Surprise
December 6, 2011
Scholar and author James P. Carse has written: “[t]o be prepared against surprise is to be trained. To be prepared for surprise is to…
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Domestic Violence Comes to Work: Its Impact in the Workplace and What Employers Can Do
November 30, 2011
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Legal Myths on Trial: FDIC Deposit Insurance
November 15, 2011
In the aftermath of the financial crisis and ongoing bank seizures across the country, rumors and half-truths regarding FDIC deposit insurance have become widespread. …
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Transfer of Stormwater Permits from Developers to Community Associations: Why “Just Say No” No Longer Works
November 14, 2011
Special Bulletin For the past several years, the North Carolina Department of Environment and Natural Resources (“DENR”) has had a policy of transferring stormwater…
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“Cyber-Bullies in North Carolina: Are Our Children Protected?”
November 10, 2011
Each year, thousands of adolescents in North Carolina find themselves the victims of “cyber-bullying.” The North Carolina General Assembly has attempted to address the…
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“Good Night, Irene” – The Law of Fallen Trees
October 11, 2011
Special Bulletin There is a large and very old oak tree located on your property that was blown over onto your neighbor’s house during…
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Planning for the Estate Tax — Is “Portability” All You Need? Maybe Not!
October 4, 2011
Over the last few years, the federal estate tax exemption amount has been all over the map, making the prospect of estate planning daunting…
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Collecting Attorneys’ Fees in North Carolina Gets a Little Easier
September 20, 2011
Special Bulletin “I can collect my attorneys’ fees when I win – can’t I?” This is a question almost every prospective plaintiff asks, and…
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Explaining Employee Benefit Programs: Tell It Like It Is
August 30, 2011
Employee benefit programs can be valuable tools in achieving an employer’s objectives, if properly structured and presented. The converse is also true: A poorly-designed…
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The Nightmare Is Over! Repeal of the Expanded Form 1099 Reporting Requirements
August 18, 2011
After significant controversy, the Comprehensive 1099 Taxpayer Protection Act of 2011 (“1099 Act”) was signed into law by President Obama on April 14, 2011. …
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Giving Up the Home Court Advantage: Forum Selection Clauses
August 15, 2011
Litigation is an unfortunate but increasingly common cost of doing business. Where you litigate is often as important as – and sometimes more important…
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Limits on Limited Liability Company Protections
August 9, 2011
Since its inception, the limited liability company (“LLC”) business form has provided owners with protection from the actions and the debts of the LLC…
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When You’re Not in Kansas Anymore: Untangling the Conundrum of Enforcing United States Money Judgments in Foreign Countries
August 3, 2011
Bigger Markets in a Smaller World In today’s world, American businesses are looking more and more beyond the borders of the United States for…
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Planning for Long-term Care: The Ten Most Common Mistakes
August 1, 2011
The need for long-term care is on the mind of all seniors. Many are concerned that such care will drain their finances. Those with…
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Rehab: It’s Not Just for Celebrities Anymore
August 1, 2011
Shows such as Celebrity Rehab with Dr. Drew have captivated American television audiences for some time. While this guilty pleasure certainly evokes sympathy and…
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Patent Reform Legislation…The Race is On!
July 9, 2011
On June 23, 2011, the House passed what may become the most significant reform of United States patent law since the Patent Act of…
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Employers Must Act Now to Comply With May 24, 2011, EEOC Disablity Regulations
June 29, 2011
On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 (“ADAAA”) into law. Congress’s stated intent for passing the…
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Seeing Red in Green Building Issues
June 13, 2011
Green building, the use of construction processes that are environmentally responsible and resource efficient throughout a building’s life cycle, has become a big business. …
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An Essential Brick and Its Chip: A Refresher on Payment Bond Claims Under the Miller Act and the “Little Miller Act”
May 24, 2011
Introduction One of the first things an aspiring construction attorney typically encounters is the availability of the lien right, its value as a tool,…
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Raising New Capital: Selling Stock Without Registration? Be Careful
May 18, 2011
Among the myriad of issues you as an entrepreneur or business founder face when starting or growing your business is how to raise capital. …
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A Chink in the Armor: Limited Liability Business Entities Do Not “Absolutely” Protect Owners From Personal Liability
April 23, 2011
Limited liability protection offered by business entities is invaluable to owners. However, that protection is not absolute. In certain circumstances, an owner may be…
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Use of Limited Liability Companies in Estate Planning
April 21, 2011
Limited liability companies (“LLCs”) and limited partnerships (“LPs”) frequently are used to accomplish two important estate planning objectives. First, these entities facilitate gifts by…
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Distressed Real Estate Developments: Opportunities and Traps for Lenders and Investors
April 17, 2011
Special Bulletin DEVELOPMENT ISSUES Recent media reports discuss the impact of the “Great Recession” on unemployment, jobs, and foreclosures of individual residences. But what…
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Congratulations, You’re a Landlord – Now What?
April 12, 2011
So you took our advice (“Prudent bidding on real estate at a foreclosure sale” – http://wraltechwire.com/business/tech_wire/news/blogpost/7334076/). You found residential rental property in foreclosure and…
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The New Federal Estate and Gift Tax Rules: Do I Really Need an Estate Plan Anymore?
April 7, 2011
Recent legislation significantly changed the federal transfer tax rules (which govern the taxation of gifts and estates). In light of these changes, many have…
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Making the Tax Code Work for You and Your Business – Business and Individual Tax Planning Opportunities in 2011 and 2012
April 5, 2011
You are likely aware that various business and individual income tax provisions were enacted in 2001 and 2003 during President George W. Bush’s administration,…
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The North Carolina Open Meetings Law: What Members of Governing Boards and Citizens Need to Know
March 14, 2011
Clients – whether governmental bodies or interested citizens – often ask about how North Carolina’s Open Meetings Law works. This article is intended to…
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Estate Planning Through Premarital Agreements
March 8, 2011
Planning for the end of a marriage before the marriage vows are exchanged can be disconcerting. However, with divorce rates topping 50% nationwide, the…
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Time is Running Out to Apply to Participate in the Small Business Lending Fund
March 8, 2011
Special Bulletin The Small Business Lending Fund (“SBLF”) is a $30 billion fund created to provide low-cost capital to community banking institutions and encourage…
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Planning for Long-Term Care
February 15, 2011
The percentage of Americans over 65 has more than tripled since 1900, and all indications are that the most rapid increase is yet to…
article
Employers: Watch Out for “Gina”
February 14, 2011
The Genetic Information Nondiscrimination Act (“GINA”) is still unfamiliar to many employers, despite the fact that Congress enacted it in 2008. That soon will…
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Will You be Your Brother’s Keeper? – Members’ Fiduciary Duties in NC LLCs
February 7, 2011
What are Limited Liability Companies? Limited liability companies (“LLCs”) are authorized in North Carolina by Chapter 57C of the North Carolina General Statutes. LLCs…
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Want to Buy a Corporate Jet? Don’t Get Grounded Before You leave the Runway
January 6, 2011
The Dream Picture this: you are the CEO of a major technology company based in the Research Triangle Park with offices and manufacturing facilities…
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Estate Planning in the New Year
January 5, 2011
Special Bulletin Prior to year-end 2010, President Obama signed into law “The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010” (“Act”). …
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Estate Planning Techniques: The Qualified Personal Residence Trust
January 4, 2011
The qualified personal residence trust (“QPRT”) is a unique estate planning tool that provides an opportunity for parents to transfer future ownership of real…
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Craft Brewers Beware: How to Keep Your IPA From Going MIA
January 1, 2011
Special Bulletin It must seem to most beer enthusiasts that the owner or operator of a craft brewery is living the dream. As a…
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Silver Lining to the Economic Dark Cloud – Estate Planning Opportunities in a Down Market
December 22, 2010
Changing tax laws, political uncertainty, and the whole family at Thanksgiving can take us on a roller coaster ride of ups and downs. But…
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A Flower by Any Other Name…Pay Discrimination Claims After Lilly Ledbetter and Other Thorny Flowers That May Be on the Way
December 19, 2010
On January 29, 2009, President Barack Obama chose the Lilly Ledbetter Fair Pay Act of 2009 (“Ledbetter”) as the first piece of legislation to…
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International Estate Planning: What to do When Your Estate Crosses the Border
December 16, 2010
The term “international estate planning” may conjure up images of offshore trusts in the Cayman Islands or numbered bank accounts in Switzerland, but multi-national…
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General Contractor’s OSHA Duty Expanded
December 15, 2010
Did you know that a general contractor in North Carolina can now be held liable for an Occupational Safety and Health Act (OSHA) violation…
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Anatomical Gifts and Funeral Planning
December 15, 2010
Anatomical Gifts This paper covers House Bill 13721 from a planning perspective. It does not address all aspects of anatomical gifts. Representative Dale Folwell,…
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Estate Planning: A Primer
December 14, 2010
Who Needs A Will? Do you have any minor children or step-children? Do you care where your assets go at your death? Are you…
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Premarital Agreements – Hoping for the Best; Planning for the Worst
December 7, 2010
Premarital agreements are commonly referred to as “prenups” and are often given a bad reputation based on misconceptions and lack of understanding. You would…
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The Personal Costs of Commercial Lending
December 7, 2010
When negotiating a commercial loan for your business, it is important to understand the personal liability you may incur in the process. Business owners…
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Healthy Profits, Sick Marriage: Estate Planning for the Separated Business Owner
December 6, 2010
A business owner who is going through a marital separation understandably focuses on the property valuation and division issues inherent in separation and divorce.…
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Don’t Bury Your Head In The Sand – Estate Planning For The Beach House
December 2, 2010
The recent explosion of beach real estate prices has enhanced significantly and unexpectedly the wealth of many North Carolina residents. Individuals who once considered…
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Advanced Estate Planning Techniques
November 10, 2010
The following is a brief summary of estate planning techniques that may be used to transfer wealth to younger generations while minimizing estate and…
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The Low-Profit Limited Liability Company (“L3C”) – North Carolina’s New Double Hybrid Entity
October 23, 2010
On August 3, 2010, North Carolina created a new type of entity when it adopted legislation recognizing the low-profit limited liability company (also known…
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“Not in My Family”: Will Disputes in North Carolina: Caveats, Testamentary Capacity, and Other Phrases You Should Know
October 20, 2010
Almost everyone recognizes the importance of having properly prepared will and estate documents. Among other things, they ensure that your property and assets are…
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Letter of Intent: Is It Really What You Intended?
October 18, 2010
“Letters of intent” are often used by parties who are thinking about entering into a contract with another party, but who do not yet…
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Business Succession Planning
October 4, 2010
Most closely held business owners and key executives are too busy dealing with the day-to-day demands of their business operations to focus on the…
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Uncle Sam’s Buying, but Can You Afford to Sell?
September 27, 2010
Would you like to get some of the $81.9 billion the federal government intends to spend on information technology during its 2010-2011 fiscal year? …
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Hide and Seek: Untangling the Conundrum of Having United States Money Judgments Recognized and Enforced in Foreign Countries
September 19, 2010
Increasingly, American businesses are looking beyond the United States borders for opportunities to buy and/or sell goods and services. This globalization of today’s markets…
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The Redevelopment of Environmentally Damaged Property — A Less Expensive Way to Relocate or Grow
August 17, 2010
As part of your plans to expand your growing commercial business, you have found an abandoned building that is perfect for your needs. However,…
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Asset Protection Planning: Where Sooner Really is Better Than Later!
August 16, 2010
What is Asset Protection? In today’s litigious society, protecting assets from creditors and potential creditors has become a hot topic. Commonly filed lawsuits involve…
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Can I Recover My Attorneys’ Fees if I Sue?
July 25, 2010
North Carolina is a great place to live, work, and do business. Disputes arise here, however, just as they do elsewhere. When they do,…
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The Earn-Out: A Complex Issue Sometimes Requires a Complex Solution
July 16, 2010
You have built a successful business, are ready to sell it, and have found a potential purchaser. However, you and the purchaser cannot agree…
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The Tax Man Provides Some Help – New Opportunities for Tax Savings on the Sale of Intellectual Property Assets
June 24, 2010
Many taxpayers are familiar with the term “Code § 1031 like-kind exchange” (“1031 Exchange”), but many technology executives do not realize that they can…
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Trade Secrets: Can You Identify Yours?
May 23, 2010
Most people engaged in business are aware that information which can be classified as a “trade secret” is entitled to certain protections under the…
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Asset Protection Planning: Shoot Before the Buzzer
May 19, 2010
Planning for Asset Protection In today’s litigious society, protecting assets from creditors has become a hot topic. Commonly filed lawsuits involve divorce, business disputes,…
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Property Owners Association Considerations for Incomplete Developments
May 8, 2010
Incomplete Developments – Property Owners Association Considerations The recent economic storm has left many incomplete real estate developments in North Carolina, and that number…
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Think Globally, Fight Locally: How to Secure Home-Field Advantage for Business Disputes
April 28, 2010
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Prudent Bidding on Real Estate at a Foreclosure Sale
April 23, 2010
A Binding Contract In a traditional real estate purchase transaction, a willing buyer and a willing seller enter into a negotiated contract which customarily…
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It’s Finally Here! The IRS Unveils the Section 409A Deferred Compensation Document Correction Program
April 4, 2010
After years of delay, the IRS started 2010 off right by releasing Notice 2010-6 (“Notice 2010-6”) which implements a correction program for deferred compensation…
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North Carolina Agribusiness Suffers as a Result of the Flu
April 1, 2010
In April 2009, an influenza virus infection identified as “novel 2009 H1N1” or, simply, the “H1N1 virus,” was detected in humans in North America. …
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Development Agreements – Long-Term Projects, Extended Vested Rights, and Infrastructure Expense Reimbursements
March 10, 2010
Legal Update As coastal North Carolina continues to see increased interest in living in untapped areas of the “inner banks” and the resulting population…
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Employers Watch Out! There are “New Sheriffs in Town”
March 6, 2010
The election of President Obama signaled a potentially significant shift in both the protections afforded to American workers and the way the United States…
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Debt Collection Pitfalls: How to Avoid Adding Insult to Injury
February 24, 2010
Rising credit defaults, declining revenues, increased write-offs, record bankruptcy filings. All businesses are feeling the pinch (if not the crush) of our current economic…
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North Carolina Environmental Agency Agrees That Banks and Other Lenders Have No Liability for Underground Storage Tanks — But…!
February 16, 2010
Special Bulletin You are a bank or other lender (collectively referred to herein as “Banks”) and are contemplating foreclosing on a property containing underground…
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The Fiduciary Duties of Directors of For-Profit Corporations
February 8, 2010
Corporate Director Standards of Conduct Directors have broad obligations to act in the corporation’s best interests, principally for the benefit of the owners of…
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Surviving the Current Economic Crises in the Construction Industry
January 30, 2010
It seems clear that the economic climate for the construction industry will not return to the pre-recession level for some time. However, if you…
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Here Today, Gone Tomorrow: The Repeal and Reinstatement of the Federal Estate and Generation Skipping Transfer Taxes
January 26, 2010
Absent some eleventh hour action in Washington, D.C., the federal estate and generation-skipping transfer (“GST”) taxes will be repealed in 2010. The repeal is…
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Divorce and Taxes
January 20, 2010
Divorce is a painful process. I know this because for the last 20 years, I have counseled hundreds of clients struggling through this very…
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EPA’s New Construction Stormwater Regulations Impose National Monitoring Requirements
December 16, 2009
Special Bulletin On December 1, 2009, the U.S. Environmental Protection Agency (“EPA”) published its new standards and regulations for stormwater discharges by the construction…
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PROTECTING YOURSELF Some Guidance on How to Avoid Personal Liability While Serving as a Director or Manager of an Insolvent or Nearly Insolvent Corporation or Limited Liability Company
December 16, 2009
Since this article focuses on issues that pertain only to directors and managers of businesses that are insolvent or nearing insolvency (referred to in…
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Alienation of Affections and Criminal Conversation: Preserving the Sanctity of Marriage or Antiquated Law?
November 16, 2009
North Carolina is one of only eight states which still recognize claims for alienation of affections and criminal conversation. In fact, 45 states and…
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Property Tax Relief for North Carolina’s Home Builders
October 31, 2009
Special Bulletin This year’s session of the General Assembly resulted in the enactment of a number of laws intended to help real estate developers…
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Now’s the Time to Gift: Strategies to Make the Most of the Current Financial Situation
October 14, 2009
Gift Tax Structure Under current law, you, as an individual, may make “annual exclusion gifts” without gift tax consequences. The annual exclusion amount has…
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You Just Bought a Brand New Building or House, But Do You Have Good Title? The Current Financial Crisis and the Rise of Surprise Title Issues – Part Two
September 29, 2009
An Example of a Contractor’s “Hidden Lien” A developer of an office complex of ten lots (“Owner”) owns a lot in the complex (“Lot 1”)…
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You Just Bought a Brand New Building or House, But Do You Have Good Title? The Current Financial Crisis and the Rise of Surprise Title Issues – Part One
September 29, 2009
In the current financial climate, many buyers of newly constructed, or recently improved, homes and buildings are having the joy of ownership replaced by…
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Keeping the Tax Collector at Bay: Making North Carolina’s Real Estate Land Use Program Work for You
September 23, 2009
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New Requirements for Community Association Collection of Delinquent Assessments
September 17, 2009
Special Bulletin In today’s economic climate, community associations face the challenge of pursuing payment from an increasing number of delinquent owners. The North Carolina…
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Good Faith, Due Care, and Loyalty: Responsibilities of the Nonprofit Director
September 16, 2009
Nonprofit Corporation Director Standards of Conduct People choose to serve on nonprofit boards for a variety of reasons: philanthropy, business and social networking, and…
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Fighting Words in Today’s Advertising Campaigns – The Use of Comparative Advertising and the Truth Behind Marketing the Truth
September 13, 2009
Our commercial world generally consists of a free market system which is fueled in large part by competition. Rapidly advancing technology has provided businesses…
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The Government Takes Your Property Because You Won’t Sell: What is the “Just Compensation” the Government Must Pay?
September 9, 2009
Although it seems contrary to some of the most revered of the “fundamental rights” protected by the United States and North Carolina Constitutions, one…
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“The Answer, My Friend, Is Blowin’ in the Wind”: The Future of Wind Energy Projects in North Carolina
September 9, 2009
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The North Carolina Permit Extension Act of 2009: The Revival and Extension of Land Development Approvals
September 1, 2009
Special Bulletin A weakening economy creates many unwelcome problems for land developers and local governments. One of the most significant problems is that land…
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From Bad to Worse: The Expanded Fiduciary Duties Imposed on Directors of Insolvent and Near Insolvent Corporations
August 22, 2009
A member of a corporation’s board of directors always must direct the corporation in a manner that is consistent with the director’s fiduciary duties…
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Privacy as we Know it Just Died, and the Internet Killed It
August 7, 2009
Millions of people know him as the “Star Wars Kid.” However, his notoriety is not for a Nobel Prize-winning scientific discovery, a spectacular sports…
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Miss the Section 409A Deferred Compensation Compliance Deadline? You Still May Be Able to Fix Your Documents and Avoid Triple Tax If You Act Quickly
July 16, 2009
The compliance deadline of December 31, 2008, has passed and all deferred compensation arrangements now either should comply with Internal Revenue Code Section 409A…
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Collecting Your Due II — Minimize the Risk of Lo$$
June 29, 2009
The current economic downturn is unprecedented in modern times. Consumer sales are down and credit is tight. Bankruptcy filings are rising and trade vendors…
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Federal Stimulus Act May Power Tech Spending
June 23, 2009
Capitol Hill is usually a hive of offices buzzing with action and deal-making, but the anxiety about the state of the economy was palpable…
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It’s Good to be Green…and Silver, and Gold, and Platinum
June 23, 2009
Building “green” is the practice of using sustainable design and development techniques to create or renovate structures in an environmentally responsible manner by integrating…
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New North Carolina Law on Foundation Funds — UPMIFA
May 19, 2009
As markets tumbled in late 2008, many charities feared North Carolina’s “Uniform Management of Institutional Funds Act” (“UMIFA”), which then governed their endowments, would…
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Facing The Uncomfortable to Reduce Family Discord After You Are Gone
May 7, 2009
Family Discord Unfortunately Is Common In almost every family, the potential for dispute exists when a member dies, particularly if the member is the…
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Websites for Owners Associations: Helpful or Harmful?
April 28, 2009
The Benefits of an Association Website Imagine that you’ve just been elected to your owners association’s board of directors, and the membership is requesting…
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Trust Administration in a Down Market: The Terms of Your Irrevocable Trust May Not Be As Irrevocable As You Think
April 15, 2009
A trust is created when a person (the “Settlor”) transfers property, such as money, real estate, or stock, to another individual or entity (the…
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Private Eyes Are Watching You: The Legality of Employers’ Use of GPS Devices to Monitor Employees
April 9, 2009
As the old adage goes, time is money. As technology improves, it provides the opportunity for employees to perform their tasks in a quicker,…
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Resolving Complex Business Disputes Efficiently: The North Carolina Business Court
April 8, 2009
The unfortunate reality of being in business today is that disputes, in one form or another, seem to arise with troubling frequency. When such…
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The 2009 Stimulus Act: What Do You Need to Know?
April 2, 2009
Capitol Hill is usually a hive of offices buzzing with action and deal-making, but the anxiety about the state of the economy was palpable…
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Are the Terms of Your Trust Still Trustworthy? Opportunities for Trust Modification in a Down Market
March 25, 2009
Have you ever looked back on a decision that you made and thought, “I wish I had … ” The complexities and uncertainties of…
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“Let’s Shake on It”: Understanding When a Handshake and an Oral Contract Just Doesn’t Cut It
March 11, 2009
People enter into contracts and agreements daily. Some occur over the phone, others take place in a conference room, and some even transpire through…
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How “Green” Can You Go?
February 4, 2009
Socially-conscious and responsible companies such as those that inhabit the tech world are working hard to make certain that their manufacturing processes and buildings…
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Protecting Your Personal Assets: Avoiding a Creditor’s Attempt to Hold You Personally Liable for the Actions of Your Business
January 24, 2009
What is Limited Liability? Limited liability is one of the cornerstones of American business law. Limited liability means that an owner of a business…
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Protecting Your Assets in Tough Economic Times
January 20, 2009
Protecting your assets from potential creditors always should be a major planning consideration. In tough economic times, however, asset protection becomes an even more…
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The Tax Benefits of the 2009 Stimulus Act: What’s In It For You?
January 5, 2009
An article in the Spring 2009 edition of this newsletter provided an overview of the American Recovery and Reinvestment Act of 2009 (“Stimulus Act”)…
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Arbitration: Is It Right For Your Company?
November 22, 2007
Business disputes are inevitable. They can occur within a company or between companies. The forum and process for resolving disputes can differ greatly, and…
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“Riders in the Storm” – Stormwater Management – New Post Construction Regulations
April 20, 2007
As a result of North Carolina State Session Law 2006-246, developers will be subject to substantially more thorough stormwater management regulations in the immediate…
