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Firm News

Ward and Smith Welcomes Attorneys Sean Foerster, Brad Hill, and Kelly Reid

May 7, 2026

Ward and Smith welcomes the arrival of three experienced attorneys, expanding the firm’s capabilities in business transactions, creditors’ rights, commercial litigation, and regulatory compliance…
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The Critical First Hour for In-House Counsel: Why Crisis Communications Can’t Wait

March 13, 2026

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Written By Allen N. Trask, III and Whitney Campbell Christensen
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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The M&A Symphony for In-House Counsel: Orchestrating Successful Deals

March 10, 2026

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Written By Peter H. Ledford and X. Lightfoot and Edward J. “Trip” Coyne, III
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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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

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Written By Grant B. Osborne
“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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Pro hac vice in the North Carolina Business Court: Practical Requirements and Real Risks for Out-of-State Counsel

March 3, 2026

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Written By Payton Collier Bullard and Mark S. Wigley
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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Supreme Court Strikes Down President’s IEEPA Tariff Authority: What Businesses Need to Know

February 20, 2026

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Written By Chris S. Edwards and Mark S. Wigley
Ed. Note: See additional material published Monday, February 23, 2026, at the conclusion of this article.  In a landmark decision issued today in Learning…
Firm News

25 Ward and Smith Attorneys Recognized as 2026 North Carolina Super Lawyers and Rising Stars

February 18, 2026

Ward and Smith is pleased to announce that 25 of its attorneys were recognized in the 2026 North Carolina Super Lawyers and Rising Stars…
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Understanding and Responding to Licensing Boards

February 17, 2026

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Written By Amy G. Fitzhugh
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

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Written By John D. Perry
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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Hands Up: Thrills and Chills of Labor Relations with the NLRB

February 6, 2026

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Written By X. Lightfoot and Avery J. Locklear and Will Oden
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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Coaster Showdown: The Non-Compete Dilemma

January 30, 2026

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Written By Justin T. Hill and Emily G. Massey and Devon D. Williams
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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Top of the Wheel: A Conversation with North Carolina Labor Commissioner Luke Farley

January 23, 2026

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Written By S. McKinley Gray, III and X. Lightfoot and Hayley R. Wells
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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Speed Circuit: Racing Through Today’s Top Labor Law Topics

January 16, 2026

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Written By Justin T. Hill and X. Lightfoot and Genesis E. Torres
At the recent Employment Law Symposium held by Ward and Smith, three attorneys from the Labor and Employment Law Group plotted a course through…
Firm News

38 Ward and Smith Attorneys Recognized as 2026 Business North Carolina Legal Elites

January 9, 2026

Ward and Smith is pleased to announce that 38 of the firm’s attorneys have been recognized in the 2026 Legal Elite by Business North…
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Ward and Smith’s Top 10 Most Popular Articles of 2025

December 19, 2025

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Written By Madeline Lipe Williams and John “Jack” F. Presson
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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What North Carolina Horse Boarding Operations Can Do When Owners Don’t Pay Board and Abandon Their Horse

December 2, 2025

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Written By Stephanie C. Crosby and William S. Durr and Avery J. Locklear
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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The Rules of 1031 “Like Kind” Exchanges

November 11, 2025

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Written By Lee C. Hodge
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…
Firm News

Ward and Smith Ranked by Best Law Firms® in 2026

November 6, 2025

Ward and Smith, P.A., has been recognized in the 2026 Edition of Best Law Firms®. The firm was ranked by Best Law Firms in 30 practice…
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Litigation, Insurance, and Business Losses: The Many Costs of Hiring Bad Drivers

November 4, 2025

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Written By Allen N. Trask, III and Amy H. Wooten
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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Trick or Treat Contracts: Avoiding AI Vendor Horror Stories

October 29, 2025

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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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The Ethics Cauldron: Brewing Responsible AI Without Getting Burned

October 22, 2025

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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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From Pumpkin to Pie: Transforming Raw AI Potential into Results

October 15, 2025

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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…
Firm News

Ward and Smith Welcomes Five Attorneys Across Multiple Practice Areas and Locations

October 8, 2025

Ward and Smith, P.A. is pleased to announce the addition of five attorneys who bring a wide range of experience to the firm’s litigation,…
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Building AI Guardrails: Keeping the Ghosts of Bad Governance at Bay

October 8, 2025

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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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Exorcising AI Myths: What’s Really Haunting Your Business

October 1, 2025

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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

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Written By Olivia G. Lewis and Emily G. Massey
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

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Written By Erica B. E. Rogers
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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Crossing the Bridge: Copyright Trolls

September 12, 2025

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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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Data Security and National Security: Are You the Weak Link?

September 5, 2025

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Written By James W. Norment and Mayukh Sircar, CIPP/US
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

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Written By Justin T. Hill
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

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Written By Whitney Campbell Christensen and Marley H. Peterson
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

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Written By Isabelle M. Chammas and Angela P. Doughty, CIPP/US, AIGP, FIP and Gavin B. Parsons
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

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Written By Chris S. Edwards and Avery J. Locklear
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…
Firm News

68 Ward and Smith Attorneys Honored by Best Lawyers® for 2026

August 21, 2025

Ward and Smith is proud to share that 68 attorneys have been recognized by Best Lawyers in America®. Of those honored, 55 were named to…
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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

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Written By Will Oden and Gavin B. Parsons and Hayley R. Wells
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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Your Most Valuable Business Asset Might Not Be What You Think: Trade Secrets for NC Business Owners

August 12, 2025

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Written By Gavin B. Parsons and Joseph A. Schouten and Mark S. Wigley
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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Hurricane Preparedness: Essential Legal Topics for North Carolina Business Owners

July 25, 2025

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Written By Emily G. Massey and Michael J. Parrish
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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One Big Beautiful Bill: How are North Carolina Tax-Exempt Organizations Affected?

July 18, 2025

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Written By David P. Heeren and Steven B. Long
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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Employer Wellness Programs – Legal Landscape of Staying Compliant

July 11, 2025

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Written By Avery J. Locklear
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…
Firm News

Media Mention: Lee Hodge and Olivia Lewis Credited in Pope Transport Sale

July 2, 2025

Ward and Smith business attorneys Lee Hodge and Olivia Lewis were recognized for their role as legal counsel to E.J. Pope & Son, Inc.…
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The Art of Effective Disciplinary Documentation: A Practical Guide for Manufacturing Managers

June 20, 2025

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Written By S. McKinley Gray, III and Avery J. Locklear
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

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Written By Allen N. Trask, III and Amy H. Wooten
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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Tick Tock, Tick Tock: Employers Face Final EEO-1 Component Filing Deadline

June 10, 2025

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Written By X. Lightfoot
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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Cyber Liability Insurance: Is It Worth It?

June 3, 2025

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Written By Mayukh Sircar, CIPP/US and Amy H. Wooten
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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Preventing Trade Secret Theft: Proactive Strategies for In-House Counsel

May 6, 2025

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Written By Gavin B. Parsons and Mayukh Sircar, CIPP/US and Devon D. Williams
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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Maximizing Recovery in Trade Secret Cases: A Guide to Damages and Remedies

April 29, 2025

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Written By Isabelle M. Chammas and Michael J. Parrish and Gavin B. Parsons
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

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Written By Amy P. Wang
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

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Written By Edward J. “Trip” Coyne, III and E. Bradley Evans and Gavin B. Parsons
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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Understanding Trade Secret Misappropriation: A Guide for In-House Counsel

April 15, 2025

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Written By Alexander C. Dale and Gavin B. Parsons and Mark S. Wigley
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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Trade Secret Protection in 2025: What In-House Counsel Need to Know

April 8, 2025

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Written By Gavin B. Parsons and Joseph A. Schouten and Ryan K. Simmons
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

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Written By Gavin B. Parsons and Amy H. Wooten
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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Corporate Transparency Act Shakeup: Domestic Companies off the Hook, Foreign Entities Still Reporting

March 26, 2025

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Written By Adam M. Beaudoin and Matthew A. Jones
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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New Workplace Policies Employers Should Consider

March 21, 2025

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Written By Genesis E. Torres
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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Corporate Transparency Act Enforcement Suspended Once Again!

March 11, 2025

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Written By Adam M. Beaudoin and Matthew A. Jones
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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Corporate Transparency Act Enforceable Again

February 21, 2025

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Written By Adam M. Beaudoin and Matthew A. Jones
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…
Firm News

25 Ward and Smith Attorneys Shine in 2025 Super Lawyers and Rising Stars Lists

February 18, 2025

Ward and Smith is thrilled to announce that 25 of its attorneys have earned spots on the prestigious North Carolina Super Lawyers and North…
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Data Privacy Insights Part 2: The Most Common Types of Data Breaches Businesses Face

January 31, 2025

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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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Key Employment Law Issues Employers Need to Watch in 2025

January 14, 2025

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Written By S. McKinley Gray, III
As the United States enters a new administration, changes in workplace regulations and enforcement priorities are on the horizon. For employers, this means staying…
Firm News

Ward and Smith Attorneys Honored as 2025 Business North Carolina Legal Elites

January 6, 2025

Ward and Smith is proud to announce that 38 of its attorneys have been named to Business North Carolina’s 2025 Legal Elite, a testament to…
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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

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Written By Adam M. Beaudoin and Matthew A. Jones
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…
Firm News

Ward and Smith’s Year in Review: Celebrating Excellence, Resilience, and Growth in 2024

December 20, 2024

As 2024 draws to a close, we reflect on a year defined by Hurricane Helene, many new faces, and industry recognition for our attorneys.…
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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

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Written By Justin T. Hill and Avery J. Locklear
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

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Written By Avery J. Locklear and Grant B. Osborne
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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Legal Pause: Preliminary Injunction on Corporate Transparency Act Enforcement

December 4, 2024

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Written By Adam M. Beaudoin and Matthew A. Jones
On December 3, 2024, in the matter of Texas Top Cop Shop, Inc., et al. v. Garland, et al., the U. S. District Court…
Firm News

Media Mention: Jenny Boyer and Matt Thompson Share Estate Planning Insights in Business North Carolina

November 26, 2024

Trusts and estates attorneys Jenny Boyer and Matt Thompson are featured in the November issue of Business North Carolina with their insightful article, “Death…
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Securing Your Legacy: How Marital Estate Rights and Divorce Impact Your Estate Plan

November 25, 2024

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Written By William S. Durr and Melody J. King and Zachary F. Lamb
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

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Written By Jennifer V. Boyer and Matthew W. Thompson
Changing tax laws, political uncertainty, and the whole family at Thanksgiving can take us on a roller coaster ride of ups and downs.  But…
Firm News

Our November Focus: Family Matters

November 22, 2024

November focuses on “Family Matters,” covering crucial topics impacting families: closely held businesses, life changes, divorce, death, child custody, and estate planning. And A…
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Turning Back Overtime – Texas Judge Strikes Down Salary Threshold Increase

November 19, 2024

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Written By S. McKinley Gray, III and Avery J. Locklear
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…
Firm News

Ward and Smith Ranked by Best Law Firms® in 2025

November 11, 2024

Ward and Smith has been honored in the 2025 edition of Best Law Firms®. The firm has made its mark in the legal field by being ranked…
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Fiery Debates: Current Challenges in the Modern Workplace

November 1, 2024

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Written By Will Oden and Hayley R. Wells
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

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Written By Justin T. Hill and Devon D. Williams
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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Legal Showdown Continues: FTC Appeals Court Ruling Against Non-Compete Ban

October 24, 2024

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Written By S. McKinley Gray, III and Genesis E. Torres
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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Three Cybersecurity Mistakes Small Businesses Make: A Data Privacy Attorney’s Perspective

October 15, 2024

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Written By Mayukh Sircar, CIPP/US
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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Navigating the Aftermath of Hurricane Helene in Western North Carolina

October 9, 2024

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Written By Michael J. Parrish and Allen N. Trask, III
  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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Marriage, Divorce & the Family Business: Protecting the Family Business from Divorce

September 27, 2024

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Written By William S. Durr and Melody J. King
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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Agritourism in North Carolina: Balancing Revenue Growth with Legal Compliance

September 24, 2024

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Written By Allen N. Trask, III and Hayley R. Wells
Agritourism is now a vital part of the agricultural economy in North Carolina. More and more farmers are turning to agritourism as a way…
Firm News

Our September Focus: The Power of Preparedness

September 23, 2024

September is all about “The Power of Preparedness.” All month long, we’re focusing on the importance of being proactive and prepared in various aspects…
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A Short Refresher On Discrete Legal Issues During Natural Disasters

September 20, 2024

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Written By Will Oden and Genesis E. Torres
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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Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

September 10, 2024

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Written By Isabelle M. Chammas and Joseph A. Schouten
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

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Written By Michael J. Parrish and Amy H. Wooten
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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North Carolina Agritourism and Liability Waivers

August 30, 2024

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Written By Allen N. Trask, III and Hayley R. Wells
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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A Win for Employers: Judge Blocks FTC’s Non-Compete Ban Nationwide

August 21, 2024

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Written By Genesis E. Torres and Devon D. Williams
On Tuesday, August 20, 2024, Judge Ada E. Brown, a United States District Judge for the Northern District of Texas, delivered a nationwide victory…
Firm News

67 Ward and Smith Attorneys Recognized by Best Lawyers® in America for 2025

August 15, 2024

  Ward and Smith is pleased to announce that 67 attorneys have been recognized by Best Lawyers®. Fifty-four attorneys were chosen for inclusion in…
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What Are My Benefits? Decoding a Long-Term Disability Insurance Policy in North Carolina

August 13, 2024

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Written By Emily G. Massey
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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Commercial Real Estate Sellers: Hire Your Own Attorney!

August 2, 2024

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Written By J. Drake Brinkley
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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I Still Have Not Found What I Am Looking For: Finding the Right Records

July 26, 2024

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Written By Adam M. Beaudoin and Matthew A. Jones
Although a nonprofit corporation does not have to file an annual report, its members do have statutory inspection rights similar to those of the…
Firm News

Our July Focus: Legal Rights, Responsibilies, and Regulations

July 26, 2024

The July theme of Legal Rights, Responsibilities, and Regulations promotes awareness of legal rights, ethical responsibilities, and the regulations that govern our businesses. Defamation…
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Serving Up Compliance: How the Hospitality Industry Can Remain Compliant with Changing Laws and Regulations

July 23, 2024

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Written By Avery J. Locklear
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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Companies Seeking Capital—Be Wary of “Consultants” Who Want to Help

July 16, 2024

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Written By B.T. Atkinson
A significant part of our corporate practice is advising clients who want to raise capital.  For larger, institutional clients who attract the attention of…
Firm News

Ward and Smith Welcomes New Community Associations Attorney Hunter Cornelius

July 10, 2024

Ward and Smith is pleased to announce the addition of Hunter Cornelius to its Raleigh office.  Hunter joins the firm as a community association…
Firm News

Pre-Register Now for the 2024 Employment Law Symposium!

June 17, 2024

Are you feeling the heat of the ever-changing employment law landscape? Get ready to turn up the temperature on your knowledge and strategies at…
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Breaking Up is Hard to Do: Practical Advice for Exiting an LLC

June 14, 2024

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Written By Lee C. Hodge and Olivia G. Lewis
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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The Toils of Heirs Property and Agriculture in North Carolina

June 4, 2024

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Written By Peter B. von Stein
The farmland of North Carolina cradles not only agricultural abundance but also a significant legal challenge: heirs property (also commonly known as “heirs’ property”…
Firm News

Our May Focus: Working Through Difficult Times

May 31, 2024

  The May theme, “Working Through Difficult Times,” revolves around acknowledging and addressing the challenges individuals and businesses face during challenging times. Easing the Burden:…
Firm News

Media Mention: Ken Gray Discusses Implications of Proposed Mask Ban with Inc.

May 22, 2024

In a recent interview with Inc. magazine, labor and employment attorney Ken Gray shared his insights on how a proposed law to ban masks…
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Closely Held Businesses: You Make the Plan, or a Plan Will Be Made For You

May 21, 2024

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Written By Merrill G. Jones, II and Zachary F. Lamb
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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Having the Talk: How Employers Should Prepare for Difficult Disciplinary Situations

May 14, 2024

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Written By S. McKinley Gray, III and Justin T. Hill
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

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP and Mayukh Sircar, CIPP/US
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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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

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Written By Genesis E. Torres and Hayley R. Wells and Devon D. Williams
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…
article

Raising the Rate: DOL Expands Overtime Protections to Millions of Workers

April 24, 2024

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Written By S. McKinley Gray, III and Avery J. Locklear
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…
Firm News

Step into the Spotlight: Nominations Open for the 2024 Mid-Market Fast 40!

April 4, 2024

Ward and Smith is pleased to participate in a collaborative effort aimed at acknowledging successful mid-market enterprises in North Carolina. We are excited to…
article

Be Sure to Insure: 10 Types of Business Insurance Coverage to Consider

March 15, 2024

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Written By Adam M. Beaudoin and Olivia G. Lewis
When it comes to protecting your business, having the right insurance coverage is crucial, but how do you know what types of coverage you…
article

“You Can’t Say That!” Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act

March 5, 2024

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Written By Grant B. Osborne and Genesis E. Torres
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,…
Firm News

Media Mention: Olivia Lewis Talks How to File a DBA with CNN Underscored

March 4, 2024

In the business world, a “doing business as” (DBA) name is a crucial tool. It allows you to operate under a different name than…
Firm News

Our February Focus: Love, Relationships, and the Law

February 27, 2024

This month’s theme explores the intersection of love, relationships, and the legal frameworks that govern them. Protecting Your Family Business for When Marriages End By…
article

Protecting Your Family Business for When Marriages End

February 2, 2024

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Written By Merrill G. Jones, II and Zachary F. Lamb
Love may be eternal, but all relationships on this earth are guaranteed to end at some point. In fact, we know with certainty that…
article

Deciphered Insights: Labor and Employment Legal Considerations

January 26, 2024

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Written By Devon D. Williams
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,…
article

The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

January 24, 2024

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Written By Lilian L. Faulconer and Erica B. E. Rogers
As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the…
article

The Wait Is Over! The USDOL’s 2024 New Rule on Independent Contractor Classification Under the FLSA

January 19, 2024

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Written By X. Lightfoot
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…
Firm News

21 Ward and Smith Attorneys Honored by North Carolina Super Lawyers in 2024

January 16, 2024

North Carolina boasts an impressive array of legal talent, and this year, we’re thrilled to announce that 21 of our attorneys have been recognized…
article

FAQ: A Guide to Why and When You May Need an Insurance Counseling and Recovery Attorney to Review Your Insurance Policy

January 10, 2024

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Written By Allen N. Trask, III and Amy H. Wooten
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…
Firm News

36 Ward and Smith Attorneys Honored in Business North Carolina’s 2024 Legal Elite

January 4, 2024

Ward and Smith proudly announced that 36 attorneys have been honored in Business North Carolina’s 2024 Legal Elite. Five legal luminaries stand out as shining…
article

New Year, (Potentially) New Rules?

January 3, 2024

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Written By Emily G. Massey and Genesis E. Torres
Sometimes, the only constant is change.  This New Year is no different.   In 2023, we saw several developments in labor and employment law,…
article

Top 10 Articles for Businesses in 2023

December 28, 2023

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Written By Merrill G. Jones, II
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.…
article

Ward and Smith: Our Highlights of 2023

December 27, 2023

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Written By Laura V. Hudson
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…
article

Top 10 Articles for Employers in 2023

December 22, 2023

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Written By James A. Wilson
Our Labor and Employment Group works hard to ensure our clients hear all the critical employment law news, trends, and insights. They know our…
article

Top 10 Most Popular Articles of 2023

December 20, 2023

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Written By Joanne H. Badr and Joseph A. Schouten
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…
article

The NLRB on What Employers Get Wrong

December 15, 2023

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Written By Emily G. Massey and Genesis E. Torres
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…
Firm News

Media Mention: Business North Carolina Features Article by Adam Beaudoin and Matthew Jones

December 5, 2023

The future of corporate compliance is almost here: the Corporate Transparency Act. Business attorneys Adam Beaudoin and Matthew Jones are breaking down the fundamentals…
article

An Interview with EEOC Director Tom Colclough

December 1, 2023

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Written By S. McKinley Gray, III and X. Lightfoot
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,…
article

Did We Accidentally Create a Franchise?

November 22, 2023

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Written By Olivia G. Lewis and Erica B. E. Rogers
Venturing into the world of licensing may allow business owners to dip their toes into brand expansion without plunging into the complexities and legal…
article

Proactive Policies: Navigating Ethical Challenges and Legal Compliance for Employer

November 17, 2023

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Written By Avery J. Locklear
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. …
Firm News

Ward and Smith Announces New Artificial Intelligence Practice Group

November 17, 2023

Ward and Smith is excited to announce its new Artificial Intelligence (AI) practice group. The AI practice provides comprehensive legal solutions to companies developing…
Firm News

Media Mention: Business North Carolina Highlights Mid-Market Fast 40 Round Table with Lee Hodge

November 9, 2023

Attorney Lee Hodge recently shone a spotlight on the success of North Carolina’s burgeoning businesses, joining an elite group at Business North Carolina’s Mid-Market…
article

Off the Bench: Understanding the Name, Image, and Likeness (NIL) Arena

November 3, 2023

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Written By Whitney Campbell Christensen and William S. Durr
In an exclusive webinar produced by Ward and Smith, two attorneys coached participants through the changing landscape of Name, Image, and Likeness (NIL). In…
Firm News

Ward and Smith Ranked in 2024 “Best Law Firms”

November 2, 2023

Ward and Smith has been ranked in the Best Lawyers® “Best Law Firms” list regionally in 27 practice areas. Firms included in the 2024 “Best Law Firms”…
article

Navigating the Latest Employment Law Developments: What Employers Need to Know

October 27, 2023

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Written By Will Oden and Grant B. Osborne
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…
article

The Corporate Transparency Act: Your Questions, Answered

October 25, 2023

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Written By Adam M. Beaudoin and Matthew A. Jones
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,…
article

Plaintiffs Attorneys on What Employers Should Know Today

October 20, 2023

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Written By X. Lightfoot and Avery J. Locklear
In a discussion led by employment law attorney Will Oden, two experienced North Carolina employment attorneys who represent employees shared insights on their respective…
article

Purchases and Sales of an Incorporated Business: Asset Acquisitions and Stock Sales

October 18, 2023

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Written By John D. Perry
There are two primary ways to structure the taxable purchase and sale of an incorporated business.  The parties may engage in an asset acquisition,…
article

Healthy Financial Planning: Factoring in the Rising Costs of Insurance Premiums

October 13, 2023

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Written By Isabelle M. Chammas and Eric J. Remington
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…
Firm News

Ward and Smith Welcomes Five New Attorneys

October 5, 2023

Ward and Smith is delighted to welcome a dynamic cohort of five attorneys. Representing a breadth of capabilities spread throughout multiple offices, these professionals…
article

How Fast Can I Franchise? Hold On a Minute

September 29, 2023

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Written By Arthur J. DeBaugh and Olivia G. Lewis
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,…
article

The EEOC Issues a Proposed Rule Regarding the Pregnant Workers’ Fairness Act

September 15, 2023

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Written By S. McKinley Gray, III and Avery J. Locklear
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…
Firm News

Ward and Smith Litigators Featured in the 2023 Best Lawyers® Litigation Issue

September 14, 2023

Ward and Smith attorneys are gracing the pages of the 2023 Best Lawyers Business Edition: The Litigation Issue.  This is a showcase of litigators…
Firm News

Step into the Boardroom with Ward and Smith at Business NC’s CEO Summit

September 5, 2023

In the heart of North Carolina’s thriving business community, a dynamic event is set to take place this October that focuses on the future…
article

The Buck Stops with You: Artificial Intelligence, Employment, & Title VII of the Civil Rights Act

September 1, 2023

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Written By Grant B. Osborne and Mayukh Sircar, CIPP/US
“I am putting myself to the fullest possible use, which is all I think that any conscious entity can ever hope to do.” –…
article

Got Employees? Understand the Benefits and Limitations of Employment Practices Liability Insurance (EPLI)

August 18, 2023

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Written By Emily G. Massey and Amy H. Wooten
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…
Firm News

52 Ward and Smith Attorneys Recognized by Best Lawyers in America® for 2024

August 17, 2023

Ward and Smith proudly celebrates an incredible achievement—over half of our esteemed attorneys have gained recognition from one of the nation’s most respected legal…
article

NLRB Turning Up the Heat Over Employee Handbooks

August 8, 2023

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Written By S. McKinley Gray, III and Avery J. Locklear
In the midst of one of the hottest summers on record, the National Labor Relations Board (“NLRB” or the “Board”) is putting the heat…
article

Just in the Nick of Time: Form I-9 Remote Inspections to Continue

August 2, 2023

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Written By Justin T. Hill
On July 21, 2023, the Department of Homeland Security (“DHS”) announced a new final rule establishing a remote option for employers to inspect employee…
article

Don’t Set It and Forget It: Taking Inventory of Your Insurance Should Be a Recurring Business Practice

July 14, 2023

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Written By Olivia G. Lewis and Amy H. Wooten
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…
article

Whistle Blown: Time Out on North Carolina Student Athlete NIL Deals

July 12, 2023

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
Earlier this year, the North Carolina High School Athletic Association (NCHSAA) approved a proposal to adopt a policy allowing name, image, and likeness (NIL)…
article

SCOTUS Raises Bar for Employers Confronted by Employees’ Requests for Religious Accommodation

June 30, 2023

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Written By Avery J. Locklear and Grant B. Osborne
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…
article

Employers, You Need to Replace Your Mandatory EEOC Poster

June 27, 2023

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Written By Emily G. Massey
As of June 27, 2023, the Pregnant Workers Fairness Act (PWFA) is in effect.  The PWFA requires covered employers to provide employees with reasonable…
article

Attention Vacation Rental Companies: North Carolina Courts Create Reason to Review Procedures for Rental Agreements

June 26, 2023

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Written By Michael J. Parrish
Written rental agreements state the terms, conditions, and rules of a vacation home rental.  The rental agreement may also contain important warnings and notices…
article

Seeking Shelter: Recession Implications for your Organization

June 21, 2023

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Written By Matthew A. Jones
In an interactive discussion led by Hank Harris, Director of Consulting for Ward and Smith Business Consulting, three attorneys shared their thoughts on the…
article

AI: Legal Déjà Vu or Revolution?

June 7, 2023

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
As the Artificial Intelligence (AI) hype continues, you may feel a sense of déjà vu. But after attending the recent Corporate Legal Operations Consortium…
article

Employers Take Note: New Laws Provide Protections for Pregnant and Nursing Employees

June 2, 2023

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Written By S. McKinley Gray, III and Avery J. Locklear
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…
article

Trail Magic: Social Media and Employment Agreement Live Action Role-Playing

May 10, 2023

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Written By Whitney Campbell Christensen and Justin T. Hill
Three Ward and Smith attorneys shared insights on the legal implications businesses should consider when entering into a promotional contract with a social media…
article

Commentary on Franchising Myths from the FTC

May 3, 2023

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Written By Arthur J. DeBaugh and Olivia G. Lewis
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…
article

Has Your Business Attorney Met Your Estate Planning Attorney?

April 28, 2023

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Written By Richard J. Crow and Zachary F. Lamb
Every business should have documentation that confirms its ownership, management, and governance structures. If the business has more than one owner, the documentation should…
article

Stronger Together: Labor and Employment Update

March 31, 2023

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Written By Devon D. Williams
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…
article

Confidentiality and Non-Disparagement Agreements with Non-Supervisory Employees: New Limitations from the NLRB

March 1, 2023

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Written By S. McKinley Gray, III and Grant B. Osborne
The National Labor Relations Board (“NLRB”) has recently declared a limit on parties’ contractual rights that many private employers (and, for that matter many,…
article

Riding the Rapids: Staying Afloat in the Legal Waters

February 22, 2023

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Written By Michelle Gonzalez and Avery J. Locklear
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…
article

On the Grid: Data and Privacy Protection Act

February 17, 2023

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Written By Mayukh Sircar, CIPP/US
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…
article

Whose Business is it Anyway? A Business Succession Case Study

February 3, 2023

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Written By Zachary F. Lamb and Lauren Taylor Arnette Quinn
Three Ward and Smith attorneys provided an overview of succession planning, estate planning, divorce, and the separation of assets. The seminar — A Business…
Firm News

18 Ward and Smith Attorneys Honored in 2023 Edition of Super Lawyers

January 23, 2023

Super Lawyers, a renowned rating agency, is honoring 18 Ward and Smith attorneys for their exemplary legal services in North Carolina. Thirteen distinguished attorneys have been…
article

What Say Ye, FTC: The FTC Deems Non-Competes Unfair Competition

January 11, 2023

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Written By Justin T. Hill and Avery J. Locklear
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…
Firm News

Ward and Smith Welcomes Three Litigation Attorneys

January 6, 2023

Ward and Smith is pleased to announce the addition of three new litigation attorneys with more than 60 years of combined legal experience. Ellis…
Firm News

Pushing the Boundaries: Ward and Smith’s Most Popular Articles of 2022

December 30, 2022

2022 was an amazing year of enriching content from the Ward and Smith team! Our attorney-authored articles on trending topics were read far and…
article

“I Always Feel Like, Somebody’s Watching Me”: How the NLRB General Counsel Proposes to Curtail Employer Surveillance

December 16, 2022

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Written By S. McKinley Gray, III and Avery J. Locklear
On October 31, 2022, National Labor Relations Board (“NLRB”) General Counsel, Jennifer A. Abruzzo, published a memorandum outlining a new framework she intends to…
article

Brisk Briefings: Quick Hitter Legal Updates

December 9, 2022

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Written By William S. Durr and Alexandra E. Ferri
At their recent Construction Conversations and Closely Held Business Briefing event, several Ward and Smith attorneys provided an overview of privacy and data security,…
article

Does Your Organization Use Non-Compete, Non-Solicitation, and Nondisclosure Provisions? Employer Best Practices for Restrictive Covenants in NC

December 2, 2022

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Written By X. Lightfoot and Emily G. Massey
It is no hidden secret that many employers use various restrictive covenants to protect their trade secrets, confidential information, goodwill, and customer relationships.  For…
Firm News

Ward and Smith Celebrated in 2023 Edition of Best Law Firms

November 3, 2022

Ward and Smith shines bright in the 2023 edition of “Best Law Firms.” U.S. News & World Report and Best Lawyers® released their annual rankings that recognize…
article

No One Knows What It Means, But It’s Provocative: The USDOL’s Latest Independent Contractor Test

October 21, 2022

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Written By Justin T. Hill
On October 13, 2022, the United States Department of Labor (“DOL”) published its proposed rule (the “Proposed Rule”) for determining whether a worker should…
article

“But We Were Just Negotiating:” Understanding When A String Of Communications (Even Emails) May Establish a Binding Contract

September 30, 2022

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Written By Justin M. Lewis
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…
article

Where Can Your Company Be Sued? The Basics of Personal Jurisdiction

September 7, 2022

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Written By Jeremy M. Wilson
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.…
Firm News

Ward and Smith Welcomes Business and Tax Attorney John Perry

August 25, 2022

Ward and Smith is pleased to announce the arrival of business and tax attorney John Perry. He will help clients with a broad range…
article

Labor Unions and “Protected Concerted Activity:” What Private Employers – Unionized or NOT – Need to Know in 2022

August 19, 2022

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Written By Grant B. Osborne
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,…
article

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

August 3, 2022

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Written By Lee C. Hodge and Olivia G. Lewis
Once you have a business idea, creating a business entity may seem daunting from a legal standpoint. However, setting up your business with thoughtful…
Firm News

Ward and Smith Launches Business-Focused Name-Image-Likeness (NIL) Practice

August 1, 2022

Ward and Smith, P.A. recently launched its Name, Image, and Likeness, or “NIL” Practice Group.   Group attorneys focus on assisting NIL collectives, marketing…
Firm News

Richard Crow to Appear on Unstoppable Startup Panel

August 1, 2022

Business and tax attorney Richard Crow will be sharing his insights with entrepreneurs at the Unstoppable Startup conference from August 11 – 13 in…
article

Update to EEOC’s Position on Mandatory COVID testing

July 18, 2022

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Written By Will Oden
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…
article

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

July 14, 2022

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Written By Justin T. Hill
Over the past two years, pay transparency laws have quickly spread and become a topic of state legislatures nationwide.  As pay transparency laws continue…
article

Subchapter V Debt Ceiling Restored to $7.5 Million

June 23, 2022

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Written By Lance P. Martin
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…
Firm News

Ward and Smith Welcomes New Tax and Business Attorney

June 1, 2022

Ward and Smith is pleased to announce tax and business attorney Matthew Jones has joined the firm. Matthew’s practice is limited to corporate and…
article

Alternatives to Registering a Security Offering

May 20, 2022

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Written By B.T. Atkinson
There are many ways for a company to raise capital.  Two common ways are for the principals to inject their own cash or arrange…
article

When Is a Deal a Deal?

April 22, 2022

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Written By Isabelle M. Chammas and E. Bradley Evans
Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain…
article

Data Privacy Part 1: The New Currency Businesses Should Protect and Here’s How

April 1, 2022

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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…
Firm News

Adam Beaudoin Named Business Section Chair

March 29, 2022

Ward and Smith is pleased to name attorney Adam Beaudoin as chair of the firm’s Business Section. He succeeds Lee Hodge. In his new…
article

Dust Off Your Template Employment Agreements

February 23, 2022

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Written By Emily G. Massey
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…
article

Getting Rid of the Misnomer: The Risks Behind the Term “1099 Employee”

February 2, 2022

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Written By Justin T. Hill
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…
article

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

January 26, 2022

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Written By Richard J. Crow and Chris S. Edwards and James W. Norment and Hayley R. Wells
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…
Firm News

Ward and Smith Attorneys Named to 2022 Business North Carolina Legal Elite

January 4, 2022

Business North Carolina has selected several Ward and Smith attorneys for inclusion in its 2022 Legal Elite edition.  The annual publication lists the state’s top lawyers…
article

Once More, with Feeling: Fifth Circuit Re-Affirms Stay of ETS and Then Loses Jurisdiction of the Case

November 16, 2021

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Written By Chris S. Edwards and S. McKinley Gray, III and Grant B. Osborne
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…
Firm News

Ward and Smith Scores Major Buyout for Client in a Successful Acquisition Deal

November 11, 2021

Ward and Smith recently represented client E.J. Pope & Son, Inc. (“E.J. Pope & Son”) in a successful transaction to sell its North Carolina-based…
article

U.S. Court of Appeals Puts Brakes on OSHA COVID-19 “Emergency Temporary Standard”

November 8, 2021

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Written By S. McKinley Gray, III and Grant B. Osborne
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…
article

Do a Double Take: Unraveling OSHA’s New Emergency Temporary Standard

October 29, 2021

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Written By X. Lightfoot
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…
article

Knock Your Socks Off: A Conversation with EEOC Leaders

October 22, 2021

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Written By Hayley R. Wells
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,…
article

Busy as a Bee: LARPing a day in the life of HR

October 6, 2021

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Written By Hayley R. Wells
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…
article

Show Me The Money! Wage and Hour Requirements Applied to COVID-19 Testing Time

September 29, 2021

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Written By Will Oden
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.…
article

Biden Administration To Require COVID-19 Vaccinations for Large Employers

September 10, 2021

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Written By Will Oden and Hayley R. Wells
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…
article

“Emergency Use” No More: FDA Approves First COVID-19 Vaccine

August 23, 2021

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Written By Grant B. Osborne
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…
article

How the Law Is Grappling With Free Expression, COVID-19, Diversity, and More

August 11, 2021

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Written By Justin T. Hill
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…
article

Back Into the Woods: NC Order Mandates Measures for State Employees and Encourages Businesses to Take Similar Actions

July 30, 2021

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Written By X. Lightfoot
On July 29, 2021, Governor Roy Cooper issued Executive Order No. 224 (the “Order”), which implements additional safety measures for workers at Cabinet agencies…
article

So You Have A Judgment… Now What?

July 28, 2021

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Written By Tyler J. Russell and Thomas C. Wolff
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…
article

Company Names vs. Trade Names: Understanding the Legal Difference

July 21, 2021

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Written By Norman J. Leonard
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…
Firm News

Mike McIntyre Named Chair of the Economic Development Practice Group

July 14, 2021

Ward and Smith is pleased to announce that attorney Mike McIntyre will lead the Economic Development Practice Group. He serves as the firm’s Senior…
article

“The JAB, or Your JOB”: Mandatory Vaccinations in the Private Workplace

June 23, 2021

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Written By Grant B. Osborne
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…
article

One Year Later: Have Employers Taken Stock Following Bostock?

June 18, 2021

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Written By Emily G. Massey
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,…
article

The Carrot, Not the Stick: May Employers Legally Offer Employees Incentives To Get Vaccinated?

June 11, 2021

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Written By X. Lightfoot and Will Oden
Last month, the Department of Health and Human Services – Centers for Disease Control and Prevention (“CDC”) updated its COVID-19 guidance for fully vaccinated…
article

The FFCRA Trap: Employers Must Consider Retaliation Even After the FFCRA

June 4, 2021

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Written By S. McKinley Gray, III and Justin T. Hill
While the light at the end of the tunnel is visible, the darkness of the COVID-19 pandemic still looms over employers.   Over the…
article

Website Compliance: Key Costly Legal Risks Every Business Should Consider

May 28, 2021

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP and Erica B. E. Rogers
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…
Firm News

Nominations Still Open for 2021 Mid-Market Fast 40

May 24, 2021

Ward and Smith is thrilled to be a part of a joint initiative that recognizes and celebrates thriving mid-market companies in North Carolina.  The deadline to…
article

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…
article

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…
Firm News

Media Mention: Grant Osborne Talks Mandatory COVID-19 Vaccines on ABC News 13

March 31, 2021

A new directive from the Buncombe County Clerk of Superior Court has sparked a new debate on whether employers can require employees to get the…
article

A Farewell to the Current Gift and Estate Tax Exemption?

March 29, 2021

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Written By John R. Sloan
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…
article

Understanding the Basics of NCDOI Licensee Complaints

March 19, 2021

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Written By A. Charles Ellis and Amy H. Wooten
Facing an investigation by a licensing board can be one of the most stressful and emotionally taxing challenges that licensed professionals face in their…
article

So Much for “9 to 5”: Employers’ Consideration of Employees’ and Applicants’ Conduct Outside of Work

March 12, 2021

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Written By Grant B. Osborne
“And the sign said, ‘Long-haired freaky people … need not apply.'”  – Signs, Five Man Electrical Band, Good-byes and Butterflies (1970) Arbitrary judgments are…
Firm News

Don Eglinton Ranked as a “Top 100: NC Super Lawyer” for 2021

March 11, 2021

Super Lawyers has selected litigation attorney Don Eglinton for inclusion in its 2021 “Top 100: Super Lawyers” list for North Carolina. The publication has recognized Don…
article

Thousands Hacked: New Cyber-Attacks Affect Organizations Big and Small

March 8, 2021

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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…
Firm News

Media Mention: Ward and Smith’s Ken Gray Discusses Mandatory Vaccinations on WCTI /ABC NewsChannel 12

February 24, 2021

The new COVID-19 vaccines have many company owners and employees perplexed. Does an employer have a right to ask employees to be vaccinated to…
article

More Breathing Room for Commercial Tenants in Bankruptcy

January 28, 2021

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Written By Lance P. Martin
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…
article

Supreme Court to Secured Creditors: “Hold on Loosely, But Don’t Let Go.”

January 19, 2021

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Written By Lance P. Martin
Filing a bankruptcy petition automatically halts efforts to collect prepetition debts from the debtor outside of bankruptcy.  This “automatic stay” is a command to…
article

Troubled Waters: Leading Through a Pandemic

January 15, 2021

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Written By Lynwood P. Evans
  We’ve weathered literal storms, such as Hurricane Florence, but nothing quite like the speed and scope of the coronavirus pandemic. Through it all,…
Firm News

Year in Review: A Letter from Our Co-Managing Directors

January 15, 2021

More than nine months ago, our community experienced a shut-down that was without equal, and we all began to fight a virus no one…
article

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…
article

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…
article

PPP Loans, Episode Two – Is the Sequel Worth Watching?

January 5, 2021

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Written By William S. Durr
Too often sequels disappoint.  Consider these bombs – Caddyshack II, Jaws – The Revenge, Mall Cop 2, Major League II, and I could go…
article

COVID-19 Paid Leave in 2021: The Impact of New Federal Relief Bill on Employers

January 5, 2021

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Written By Emily G. Massey and Grant B. Osborne and Hayley R. Wells
“The future ain’t what it used to be.”  – Yogi Berra Governing can be a fickle affair. The Families First Coronavirus Response Act of…
article

Flexibility in the Face of COVID-19: When Culture and Technology Align

January 4, 2021

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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…
article

COVID-19 and the Construction Industry: Must Know Information for Executives

December 2, 2020

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Written By William S. Durr
During Ward and Smith’s recent virtual “Construction Conference,” six of my partners and I covered a range of emerging legal issues — most related…
article

How to Maintain a Positive Company Culture During COVID-19

November 20, 2020

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Written By Will Oden
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,…
article

Web-Based Businesses and Other “Remote Sellers” Beware – A Morass of Sales Tax Obligations Are Upon You

November 18, 2020

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Written By Richard J. Crow
Sales Tax Obligations — Businesses with a Physical Presence in a State It should come as no surprise that almost all states require businesses…
Firm News

Ward and Smith Welcomes Three New Attorneys

November 16, 2020

Ward and Smith is thrilled to welcome three familiar faces. Payton Collier, Justin Hill, and Madeline Lipe joined the firm’s Raleigh office. The attorneys…
article

Evict Like a Jerk and Suffer the Consequences

November 13, 2020

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Written By Lance P. Martin
As the pandemic shows little signs of abating, and many sectors of the economy continue to struggle, the relationship between commercial landlords and tenants…
article

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

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Written By Grant B. Osborne and Hayley R. Wells
“Nothing is so permanent as a temporary government program.” – Milton Friedman The federal “Families First Coronavirus Response Act of 2020” (“FFCRA” or the “Act”)…
article

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…
article

Political Speech in the Workplace (And What – If Anything – To Do About It)

October 21, 2020

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Written By Justin T. Hill and Grant B. Osborne
Politics could hardly be more conspicuous these days. A monumental presidential election looms on the horizon, and it seems that everyone has an opinion.…
article

Regulatory Booze Blues

October 14, 2020

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Written By Hayley R. Wells
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…
Firm News

Media Mention: Business Adaptability During COVID-19

October 9, 2020

COVID-19 continues to significantly impact businesses, but there are ways companies can emerge from the current crisis stronger. The Wilmington Business Journal recently asked corporate and…
Firm News

Congressman Mike McIntyre Joins Ward and Smith

September 21, 2020

With close to 40 years of legal and business experience and nearly 20 years as a public servant, Ward and Smith is honored to…
article

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

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Written By Lance P. Martin
When a debtor files bankruptcy under Chapter 11, the bankruptcy court does not automatically appoint a trustee.  Unlike Chapter 7, where the court appoints…
article

“Don’t Tread on Me”: Customers’ Religious Objections to Mandated Use of Face Masks in the Era of COVID-19

September 3, 2020

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Written By Grant B. Osborne
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…
article

PPP Loan Forgiveness Denied – An Overview of the PPP Loan Review Decision and Appeal Process

September 2, 2020

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Written By William S. Durr
Nearly six months after the creation of the Paycheck Protection Program (“PPP”), many borrowers are ready to submit their PPP loan forgiveness applications or…
article

COVID-19 Update: Reopening Your Business, House Bill 118, and Executive Order 163

September 2, 2020

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Written By James W. Norment
In a series of Executive Orders, the most recent of which is Executive Order 163 dated September 1, 2020, Governor Roy Cooper implemented a…
article

Five Things to Consider When Selling Your CBD Business

August 28, 2020

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Written By Merrill G. Jones, II
For many business owners, the intended exit strategy is to sell to a competitor or a larger company, thereby taking advantage of the upside…
Firm News

Media Mention: Grant Osborne Answers, “Is a Religious Exemption Card for Masks Legal?”

August 25, 2020

A religious exemption card has become the latest defense against wearing a mask in public. But does it work? News 13 in Asheville recently…
Firm News

41 Ward and Smith Attorneys Named to “Best Lawyers in America®” for 2021

August 20, 2020

Ward and Smith is proud to announce that nearly half of the firm’s attorneys have been recognized by one of the most respected and trusted…
article

Panelists Talk Diversity and Inclusion From Personal and Professional Perspectives

August 19, 2020

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Written By Emily G. Massey
Two panelists and an employment attorney delved deep into some of the tricky issues that companies can face as they seek to strengthen their…
Firm News

Media Mention: X. Lightfoot and Devon Williams Featured in Business North Carolina

August 18, 2020

The August issue of Business North Carolina has valuable information for employers from labor and employment attorneys X. Lightfoot and Devon Williams.  They wrote an…
article

For Employers: Understanding the Supreme Court’s Title VII Ruling

August 12, 2020

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Written By X. Lightfoot and Devon D. Williams
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…
article

Controlling Expenses in Small Business Chapter 11 Cases

July 30, 2020

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Written By Lance P. Martin
We previously informed you that if you are a small business that needed to file bankruptcy to save your company, you may be able…
Firm News

Media Mention: X. Lightfoot and Will Oden Featured in “Business North Carolina”

July 6, 2020

“How do I get my workers back to the workplace?” It’s a common question frequently asked by employers to our labor and employment attorneys. And…
article

Leases, Bankruptcy, and Coronavirus: Force Majeure Edition

July 1, 2020

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Written By Lance P. Martin
Many businesses in bankruptcy or heading that way – particularly retail establishments – face an uncertain future as states and cities impose closures and…
article

COVID Quarantine + Surge in eCommerce = … ADA Discrimination Claims?!

June 19, 2020

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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…
article

Liability Waivers and Questionnaires in the Time of COVID-19

June 17, 2020

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Written By Will Oden
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…
article

An Employee Cannot be Fired, or Otherwise Discriminated Against, for Being Gay or Transgender

June 15, 2020

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Written By X. Lightfoot and Hayley R. Wells
Today, the Supreme Court of the United States (“SCOTUS”) decided in Bostock v. Clayton County, Georgia that the protections of Title VII of the…
article

Zooming Through a Summer Associate Experience at Ward and Smith

June 15, 2020

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Written By Melissa Forshey Schwind
[ Ed. Note: This article is authored by our 2020 Summer Associate Lily Faulconer.] Strong mentor relationships with highly respected attorneys and the promise…
article

Howdy Partner: A Trail Guide for Promoting an Employee to Co-Owner

June 12, 2020

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Written By Jennifer V. Boyer
It is a particularly thorny question – one faced by owners of businesses both large and small:  Is it time to promote this employee…
article

New Forgiveness Flexibility for PPP Borrowers

June 5, 2020

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Written By William R. Lathan, Jr.
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…
article

Brexit, Schmexit: How Resilient is Your Trademark Portfolio and Enforcement Strategy?

June 5, 2020

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP and Erica B. E. Rogers
On January 31, 2020, the United Kingdom (UK) withdrew from the European Union (EU).  From February 1, 2020, to December 31, 2020, the UK…
article

COVID-19 Eviction Moratoriums: Need-To-Know Information for NC Landlords and Tenants

June 4, 2020

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Written By Eric J. Remington
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed by Congress and signed into law by President Trump on March 27, 2020. …
article

Is it Time to “Use it or Lose it?”

June 3, 2020

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Written By Jennifer V. Boyer
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…
article

A Few Unanswered Questions About PPP Loan Forgiveness

May 29, 2020

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Written By William R. Lathan, Jr.
[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.…
article

Reopening After COVID-19: What Business Owners Should Know

May 28, 2020

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Written By Allen N. Trask, III
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…
article

Leases and Bankruptcy in a Time of Coronavirus

May 27, 2020

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Written By Lance P. Martin
Many businesses in bankruptcy or heading that way – particularly retail establishments – face an uncertain future as states and cities move from closures…
article

A Few Questions Answered – SBA Issues PPP Loan Application and Additional Interim Final Rules

May 27, 2020

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Written By William S. Durr
Over the last six weeks, PPP loan borrowers understandably had a multitude of questions about the loan forgiveness process.  After all, without forgiveness, the…
article

Returning to Work in a Pandemic: What Employers Need to Know

May 21, 2020

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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.…
Firm News

Media Mention: Grant Osborne Discusses Employment Issues with “Architect” Magazine

May 19, 2020

As the COVID-19 pandemic continues, many industries across different sectors are being forced to make some tough decisions to stay afloat.  Architect magazine, the official…
article

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…
article

“Do I Need to Return My PPP Loan?” SBA Extends Safe Harbor Deadline to May 18

May 14, 2020

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Written By William S. Durr
[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…
article

Replacing the Clean Water Rule – Is the Dance Really Over?

May 11, 2020

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Written By Amy P. Wang
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…
article

Employers Ask, “How Do I Get My Workers Back to the Workplace?”

May 8, 2020

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Written By X. Lightfoot and Will Oden
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…
Firm News

New Online Liability Waiver Review Service for Reopening Businesses

May 8, 2020

Ward and Smith’s Outdoor Sports and Recreation team has developed a new online service to help businesses that use liability waivers be certain that…
article

PPP Loan Proceeds: Forgive, Pay and Forget it, or Not?

April 30, 2020

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Written By William S. Durr and James W. Norment
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…
Firm News

Ward and Smith Creates Loan “Forgiveness Maximizer™” Report for PPP Borrowers

April 30, 2020

Ward and Smith is helping small business borrowers maximize their loan forgiveness under the Paycheck Protection Program (“PPP”) with the creation of a new…
article

Business Law Lessons from the Tiger King

April 29, 2020

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Written By Alexander C. Dale
[Spoiler alert – This article discusses events documented in the Netflix series and is based on the content of the shows.] In this time…
article

The PPP and Health Care Enhancement Act of 2020: Get Ready for Round 2

April 24, 2020

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Written By Joanne H. Badr
The Paycheck Protection Program (“PPP”) and Health Care Enhancement Act of 2020 (“PPP Act”) was signed into law on April 24, 2020. The $484…
article

Didn’t See That Coming: Unexpected Results of FFCRA Paid-Leave “Temporary” Regulations

April 22, 2020

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Written By X. Lightfoot and Emily G. Massey and Grant B. Osborne
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…
Firm News

Done Deal: Ward and Smith Attorneys Represent Client in Successful Equity Transaction

April 21, 2020

Recently, Ward and Smith client Transportation Impact (“TI”) announced it closed a deal with The Jordan Company (“TJC”) as its new equity partner. Ward…
article

Can the New Small Business Chapter 11 Save Your B&B or Airbnb?

April 17, 2020

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Written By Lance P. Martin
We previously informed you that if you are a small business that needed to file bankruptcy to save your company, you may be able…
article

Is an NC Coronavirus Bail Out Coming? When & How We Expect the NCGA to Provide Relief to Businesses & Individuals

April 17, 2020

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Written By Whitney Campbell Christensen
As we find ourselves facing a massive global health crisis and sudden economic downturn, many North Carolinians are looking for relief from their government.…
article

Employer’s Recordkeeping Requirements For Leave Requests Under the FFCRA

April 16, 2020

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Written By Hayley R. Wells
On April 6, 2020, the United States Department of Labor (“DOL”) issued its Temporary Rule promulgating regulations to implement the leave entitlements authorized by…
article

Significant Paycheck Protection Program Guidance for Franchisees, Hotels, and Lenders

April 16, 2020

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Written By Joanne H. Badr
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…
article

If You File a Schedule C, Take Note: SBA Offers Guidance for Self-Employed PPP Loan Applicants

April 15, 2020

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Written By Joanne H. Badr
From April 3 through April 14, 2020, the Small Business Administration (“SBA”) has guaranteed over one million loans under the Paycheck Protection Program (“PPP”).…
article

Governor Adds New COVID-19 Social Distancing Regulations for Retailers

April 10, 2020

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Written By Amy H. Wooten
As North Carolina citizens and businesses approach the third week of access, travel, and gathering restrictions, Governor Roy Cooper has now issued an Executive…
article

Updated Business Affiliation Rules: Key Information for Paycheck Protection Program Borrowers

April 9, 2020

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Written By Joanne H. Badr
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…
article

New Paycheck Protection Loan Guidance for Businesses and Lenders

April 9, 2020

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Written By Joanne H. Badr
The CARES Act was passed into law on March 27, 2020, and on April 2, 2020, the Small Business Administration (“SBA”) published its guidance…
article

COVID-19 and Defense Contractors: Fighting for the Future

April 9, 2020

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Written By James W. Norment
“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…
article

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.…
Firm News

Ward and Smith Welcomes Two Attorneys to Raleigh Office

April 9, 2020

COVID-19 has impacted our state tremendously in recent days, but Ward and Smith’s ability to provide comprehensive legal services to our clients not only…
article

Loan Modification and Reporting During the COVID-19 Crisis

April 8, 2020

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Written By Lance P. Martin
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,…
article

The New Normal – Teleworking Challenges and Solutions

April 7, 2020

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Written By Emily G. Massey
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…
article

The Importance of Reviewing and Complying with Performance Bonds

April 7, 2020

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Written By Ryal W. Tayloe
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…
article

The CARES Act Provides Additional Relief to Consumer Debtors in Bankruptcy

April 7, 2020

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Written By Thomas C. Wolff
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was enacted on March 27, 2020.  The CARES Act provides relief for the widespread…
article

FAQ: Paycheck Protection Loans and Economic Injury Disaster Loans

April 3, 2020

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Written By Joanne H. Badr
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,…
article

Paycheck Protection Program Loans and the Business Affiliation Rules: “Don’t Wing It”

April 3, 2020

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Written By James W. Norment
We have written a great deal about the CARES Act and the small business loans available to eligible applicants. New guidance about these loan…
article

New COVID-19 Guidance for Public Sector Employers

April 3, 2020

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Written By Emily G. Massey and Clifford P. Parson
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…
article

Help for the Hemp Industry in the COVID-19 Crisis

April 3, 2020

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Written By Tyler J. Russell and Allen N. Trask, III
The last month has been difficult for everyone, to say the least.  The hemp industry as a whole has faced tremendous economic pressures and…
article

Treasury Department Releases Vital Paycheck Protection Program Information

March 31, 2020

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Written By William S. Durr
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…
article

Employer’s Alert: Third Round of Informal Guidance and FAQs on the FFCRA Issued

March 31, 2020

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Written By Emily G. Massey and Devon D. Williams
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…
article

FFCRA Health Care Providers Exemption: New Guidance Published

March 31, 2020

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Written By Emily G. Massey and Grant B. Osborne
We previously posted that the “health care provider” exemption from the obligation to provide “paid sick time” and paid “public health emergency leave” under…
article

North Carolina’s Stay-At-Home Order: What Do You Need to Know?

March 27, 2020

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Written By James W. Norment
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,…
article

COVID-19 Update for Employers: New Key Guidance

March 27, 2020

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Written By X. Lightfoot and Hayley R. Wells
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…
article

Impact of COVID-19 on Force Majeure and Rent Abatement in Commercial Leases

March 27, 2020

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Written By Allen N. Trask, III
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…
article

The CARES Act and the Healthcare Industry

March 27, 2020

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Written By Leigh A. Wilkinson
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.  …
article

CARES Act Raises Small Business Bankruptcy Debt Ceiling to $7,500,000

March 27, 2020

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Written By Lance P. Martin
We previously informed you that if you are a small business that needed to file bankruptcy to save your company, then you may be…
article

COVID-19 Tax Alert – The Tax Man Lends a Helping Hand

March 26, 2020

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Written By Lee C. Hodge
As we all adjust to the “new normal” of social distancing and working remotely, Congress is very close to passing its phase 3 legislation…
article

Alert: Congressional Leaders Strike Deal to Bring Financial Help to the Nation, Details Unknown and the Deal Is Not Yet Law

March 25, 2020

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Written By James W. Norment
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…
article

Preparing for an Uncertain Future: Is Your Business Ready to Tackle Important Legal Issues Raised by a Shelter-in-Place Order?

March 24, 2020

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Written By James W. Norment
These are challenging times.  Businesses, nonprofits, and public entities are changing their operations more rapidly than many ever thought possible.  And certainly battling an…
article

SPECIAL ALERT: Governor Roy Cooper Shutters More Businesses and Extends K-12 Public School Closure

March 24, 2020

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Written By William S. Durr
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…
article

Contagion II: MORE Practical Advice for NC Employers Wrestling with COVID-19

March 20, 2020

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Written By Grant B. Osborne
We wrote just four days ago that the world seems to have shifted beneath our feet – to have become alien and dangerous. That,…
article

“Hold On, Help Is on the Way:” U.S. Senate Passes Second COVID-19 Relief Bill

March 19, 2020

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Written By Emily G. Massey and Will Oden and Devon D. Williams
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…
article

What the EEOC Wants You to Know About the ADA, the Rehabilitation Act, and COVID-19

March 19, 2020

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Written By Emily G. Massey
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…
article

Now Is the Time to Review Your Force Majeure Clause

March 19, 2020

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Written By Evan M. Musselwhite
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…
article

Servicing SBA Loans During the COVID-19 Crisis

March 18, 2020

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Written By Lance P. Martin
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…
article

Gov. Roy Cooper Orders Restaurants and Bars to Close Dine-In Service, Announces New Help for Unemployed

March 17, 2020

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Written By X. Lightfoot and Devon D. Williams
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…
article

Contagion: Practical Advice for NC Employers in the Face of Coronavirus Disease

March 16, 2020

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Written By Grant B. Osborne
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…
article

EPA Can Help You Keep It Clean in a World with COVID-19

March 16, 2020

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Written By Amy P. Wang
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…
article

Federal Regulators Urge Banks to Work with Borrowers Affected by the Coronavirus

March 16, 2020

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Written By Lance P. Martin and Thomas C. Wolff
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…
article

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…
article

Thanks for the Tip: U.S. DOL’s Proposed Rule and Potential Enhanced Availability of “Tip Pools”

February 28, 2020

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Written By X. Lightfoot and Grant B. Osborne
The Fair Labor Standards Act of 1938 (“FLSA”), for decades, has permitted employers to pay some workers a lower minimum hourly wage than would…
article

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

February 25, 2020

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Written By Steven B. Long
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…
article

What “Professionalism” Means at Ward and Smith

February 25, 2020

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Written By Stephanie C. Crosby
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…
article

The Business Judgment Rule: How Corporate Directors Can Sleep Better At Night

February 21, 2020

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Written By Adam M. Beaudoin
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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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

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Written By Lance P. Martin
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…
article

U.S. Department of Labor Issues Final Rule on Joint Employment

January 14, 2020

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Written By Emily G. Massey and Will Oden
On January 12, 2020, the United States Department of Labor (“USDOL”) Wage and Hour Division announced a final rule regarding joint employment under the…
article

Real-Life Lessons on How Mid-Sized Companies Handle Ownership Transitions

January 8, 2020

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Written By Jennifer V. Boyer
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

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Written By Emily G. Massey and Allen N. Trask, III and Devon D. Williams
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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Harley-Davidson Dealer Violates Automatic Stay, Goes from Creditor to Judgment Debtor

December 13, 2019

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Written By Lance P. Martin
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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Finishing the Job: The Importance of Domesticating a Foreign Judgment

December 4, 2019

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Written By Thomas C. Wolff
How does a creditor enforce a judgment against a debtor who either relocates to another state, or owns property in another state?  If the…
article

NCGA 2019 Wrap-Up: A Tale of a Legislative Impasse

November 22, 2019

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Written By James W. Norment
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

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Written By Tyler J. Russell and Allen N. Trask, III
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

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Written By Peter B. von Stein
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…
article

Live-Action Role-Playing — The Challenges of Working With Family Members

October 31, 2019

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Written By Will Oden
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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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

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Written By Lance P. Martin
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

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Written By X. Lightfoot
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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How Companies Must Tackle the 4 M’s to Grow Through ‘No-Man’s Land’

October 4, 2019

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Written By Zachary F. Lamb
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

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Written By Jennifer V. Boyer and Richard J. Crow
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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Best Practices When Liquidating Real Estate-Secured SBA Loans

September 25, 2019

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Written By Lance P. Martin
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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Is it Time to Review Your Succession Plan Documentation?

September 13, 2019

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Written By Merrill G. Jones, II and Zachary F. Lamb
Business succession and estate plans are made based on circumstances existing at the time they are put in place.  Though skillful attorneys strive to…
article

Federal Trade Commission Joins in Warning Companies About Unsupported CBD Health Claims

September 12, 2019

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Written By Tyler J. Russell and Allen N. Trask, III
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…
article

Hemp Crop Insurance Update: “Whole-Farm” Coverage to Include Hemp

August 29, 2019

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Written By Allen N. Trask, III
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

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Written By Tyler J. Russell
On August 26, 2019, the U.S. Drug Enforcement Agency (or “DEA”) issued a public notice that formally – and, finally! – expresses the agency’s…
article

New Law More than Doubles Chapter 12 “Family Farmer” Debt Limit

August 26, 2019

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Written By Lance P. Martin
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

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Written By Whitney Campbell Christensen and Tyler J. Russell and Allen N. Trask, III
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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NC Anti-Indemnity Statute Update, New Changes Now in Effect

August 7, 2019

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Written By William S. Durr and Evan M. Musselwhite
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…
article

What Happens to My Lease in Bankruptcy?

August 2, 2019

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Written By Lance P. Martin
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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Supreme Court: Rejection of a Trademark License by a Bankrupt Licensor Doesn’t Terminate the License

July 17, 2019

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Written By Norman J. Leonard
What happens if you are a trademark licensee and your licensor files for bankruptcy protection?  Can the licensor unilaterally terminate your license and prohibit…
Firm News

Media Mention: Richard Crow’s ‘Insightful Discussion’ on Business Growth

June 28, 2019

There are some inherent challenges that come with starting your own business. Recently, the Greater Wilmington Business Journal asked four business professionals who’ve either…
article

Supreme Court Sets Standard for Bankruptcy Discharge Violations

June 27, 2019

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Written By Lance P. Martin
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…
article

Industry Update: USDA Aims to Release Hemp Rules by August

June 25, 2019

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Written By Tyler J. Russell and Allen N. Trask, III
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…
Firm News

Joe DelPapa and Evan Musselwhite Join Raleigh Office

June 24, 2019

Ward and Smith is pleased to announce the addition of Joe DelPapa and Evan Musselwhite to the firm’s Raleigh office. DelPapa will expand the…
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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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Hemp News: Updates on Interstate Travel, Interstate Commerce, and Crop Insurance

June 6, 2019

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Written By Tyler J. Russell and Allen N. Trask, III
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…
article

Live Action Role Playing — A Day in the Life of HR

May 31, 2019

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Written By Devon D. Williams
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…
Firm News

Media Mention: Jeremy Wilson’s ‘Insightful’ Legal Advice to Small Business Owners

May 30, 2019

Small business owners face a lot of challenges, and probably never think about seeking advice from an attorney until he or she needs one.…
article

Will My Judgment Get Discharged in Bankruptcy?

May 17, 2019

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Written By Lance P. Martin
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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USDA Accepting Plant Variety Protection Applications for Hemp

April 30, 2019

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Written By Erica B. E. Rogers
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

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Written By Lance P. Martin
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

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Written By Eric J. Remington
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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Construction Conference Insights: How to Lower Legal Risk

March 27, 2019

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Written By Ryal W. Tayloe
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

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Written By Norman J. Leonard
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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Pray for a Good Harvest, but Keep at Your Plow – And Know Enough Employment Law to Stay Out of the Ditch

March 15, 2019

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Written By Grant B. Osborne
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…
article

Are the Bankruptcy Courts Available for the Cannabis Industry?

March 8, 2019

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Written By Lance P. Martin
Since 2012, ten states and the District of Columbia have legalized marijuana for adult recreational use.  Another 23 states have legalized some form of…
article

Will the Supreme Court Plug the Holes in Conduit Theory to Draw Clean Water Act Away from Groundwater?

March 1, 2019

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Written By Amy P. Wang
The United States Supreme Court will hear a case this term to decide whether provisions of the Clean Water Act (“CWA”) impose liability on…
article

Trends from the Industrial Hemp Summit

February 27, 2019

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Written By Tyler J. Russell and Allen N. Trask, III
This week, we attended the Industrial Hemp Summit in Danville, VA.  The quality of the event, the information shared, and the people in attendance…
Firm News

Highlights From IMN’s Bank Special Assets Forum

February 26, 2019

On February 11-12, Lance Martin attended the Information Management Network’s Ninth Annual Bank Special Assets & Credit Officer’s Forum in Miami, Florida.  The conference…
article

Who Gets What When a Real Property Lease Terminates?

February 22, 2019

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Written By Justin M. Lewis and Allen N. Trask, III
Who gets what when a lease of real property is over?  This is a question that can be problematic for both landlords and tenants. …
Firm News

Bill Durr, Zac Lamb, and Devon Williams to Speak at the 2019 “Business of Farming Conference”

February 18, 2019

Farming is a lifestyle, but it’s also a business. And this Saturday, February 23 farmers can learn to grow their business at the 2019…
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NC CBD Companies Take Notice: NC Dept. of Agriculture Issues CBD Advisory

February 12, 2019

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Written By Tyler J. Russell and Allen N. Trask, III
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…
article

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

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Written By Tyler J. Russell and Allen N. Trask, III
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…
article

When a Chapter 11 Plan is Absolutely Dead on Arrival

January 30, 2019

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Written By Lance P. Martin
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

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Written By Whitney Campbell Christensen
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

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Written By Richard J. Crow
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,…
article

“We’ll Just Kick Him Out!” Member Discipline and Expulsion in Private Clubs

January 16, 2019

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Written By Ryal W. Tayloe
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…
Firm News

Media Mention: Don Eglinton In NCLW on Transitioning Your Law Practice

January 15, 2019

There’s no time like the present to starting planning for the future. It’s one of the biggest clichés, but the advice is still relevant…
article

There’s a New Sheriff in Town: The Food and Drug Administration’s Move to Regulate CBD

January 10, 2019

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Written By Tyler J. Russell and Allen N. Trask, III
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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The End of Hemp Prohibition

December 20, 2018

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Written By Tyler J. Russell and Allen N. Trask, III
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

You Can’t Play Hide-And-Go-Seek in Chapter 11

December 19, 2018

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Written By Lance P. Martin
In a Chapter 11 bankruptcy, the debtor attempts to reorganize its affairs in a Chapter 11 Plan.  When the debtor files its proposed Plan,…
Firm News

Media Mention: Will Oden’s Insightful Discussion For Human Resource Professionals

December 13, 2018

One of the keys to success when running a business is having the right people in the right positions. That’s why having a strong…
article

A Perfect Union: Creating Landlord-Tenant Agreements for Commercial Leases

November 21, 2018

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Written By Joanne H. Badr
Similar to a marriage, in which two parties come together to enter into a legally binding agreement, a commercial lease symbolizes a forged relationship…
article

I Want to Foreclose But I Can’t Find My Note. Do I Have a Problem?

November 16, 2018

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Written By Lance P. Martin
In my last article, I discussed whether inconsistent dates on a promissory note and deed of trust could cause problems in foreclosure. But what…
article

Lenders: Take a Hint! Forbearance or Modification Agreements Should Contain Specific Waiver Language To Protect Against “Regulation B” Claims

November 9, 2018

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Written By Michael J. Parrish
Lenders must comply with a constantly changing series of State and Federal laws and regulations. When loan relationships sour, and lenders seek to collect,…
Firm News

Media Mention: Richard Crow Appears on “The Chuck Whitlock Show”

November 6, 2018

What does it take to start a new business? Business attorney Richard Crow addressed that question and much more when he was invited to…
article

Employer Survival Toolkit for Natural Disasters and Inclement Weather

October 26, 2018

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Written By Emily G. Massey
One month after North and South Carolina experienced the devastating effects of Hurricane Florence, many people and businesses are still suffering from the aftermath.…
article

Oden’s “Top 4” Issues for Employers for 2018 (So Far)

October 12, 2018

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Written By Will Oden
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.…
article

Industrial Hemp News Update: DEA Reschedules CBD Therapy

October 2, 2018

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Written By Tyler J. Russell and Allen N. Trask, III
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…
article

Should You Bank a Virtual Currency Business?

September 28, 2018

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Written By Lance P. Martin
Virtual currencies like Bitcoin and Ethereum have spawned many types of businesses that need banking services.  Many banks “de-risk” — do not provide banking…
article

My Note and Deed of Trust Have Different Dates. Do I Have a Problem?

September 26, 2018

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Written By Lance P. Martin
Consider this scenario:  You loan money to a borrower. You intend to secure the loan with a deed of trust encumbering real property.  Your…
article

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…
article

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…
article

Construction Arbitration: The Pros and Cons

August 29, 2018

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Written By Jason T. Strickland
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…
article

Making and Keeping Your Mark: Hemp Brand Protection in a Brave New World

August 20, 2018

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Written By Erica B. E. Rogers and Tyler J. Russell and Allen N. Trask, III
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…
article

Ward and Smith’s 2018 Employment Law Symposium: Real-Life Lessons in Diversity in the Workplace

August 17, 2018

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Written By S. McKinley Gray, III
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…
Firm News

Ward and Smith Expands, Adds Two New Attorneys to Wilmington Office

August 13, 2018

Tax and business attorney Richard Crow and family law and trusts and estates litigation attorney Paige Inman joined Ward and Smith on August 13,…
article

Tranquil Beaches and Simple Trademarks … and the Dangers Swirling Below

August 10, 2018

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP and Erica B. E. Rogers
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…
article

Key 2018 Legal Updates for Employers: Report from Ward and Smith’s 2018 Employment Law Symposium

July 27, 2018

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Written By Emily G. Massey
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…
article

Pre-Closing Due Diligence with Commercial Real Estate Helps Avoid Post-Closing Remorse

July 25, 2018

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Written By Joanne H. Badr
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,…
article

NCGA 2018 Wrap Up: Abbreviated Short Session Produces Fewer Bills but More Proposed Constitutional Amendments

July 20, 2018

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Written By Whitney Campbell Christensen
The 2018 Short Session of the North Carolina General Assembly adjourned in late June and can boast something that many Short Sessions cannot: that…
article

Family Affair: Potential Problems with Family-Owned Businesses

July 18, 2018

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Written By Merrill G. Jones, II and Zachary F. Lamb
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…
article

Employment Law Symposium: Preventing and Dealing with Workplace Harassment

July 11, 2018

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Written By Will Oden
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.  …
article

In Chapter 7, Oral Lies Are Safer Than Written Lies

July 6, 2018

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Written By Lance P. Martin
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…
article

California Passes Strictest Data Privacy Law in the Nation—Even Businesses Outside of California Could be Affected

July 5, 2018

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
California has now enacted the strictest data privacy law in the nation. The Consumer Right to Privacy Act of 2018 (“California Privacy Act”), which…
article

Hemp News Highlights

June 29, 2018

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Written By Tyler J. Russell
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…
article

In Chapter 7, Lowballing Your Assets Can Cost You Your Bankruptcy Discharge

June 20, 2018

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Written By Lance P. Martin
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…
article

Employment Law Symposium Insights: Dealing with Workplace Discrimination

June 13, 2018

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Written By Devon D. Williams
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.…
article

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…
article

Industrial Hemp: Go for the Boom, Avoid a Bust!

June 1, 2018

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Written By Tyler J. Russell and Thomas C. Wolff
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…
Firm News

Attorney Trip Coyne Attends “Token Summit III”

May 31, 2018

In May 2018, attorney Trip Coyne attended the Token Summit III in New York City. The bi-annual event took an in-depth look at the…
article

Choice of Entity for the Closely Held Business—Comparing LLCs and Subchapter S Corporations

May 25, 2018

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Written By Lee C. Hodge
While the Internal Revenue Code (“Code”), Subchapter C Corporation (“C Corp”) will be the proper choice of entity for some closely held businesses (particularly…
article

GDPR: Everybody’s Doing It—Shouldn’t You?

May 16, 2018

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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…
article

Summary of the March 2018 Global Privacy Summit

April 27, 2018

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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…
article

Focus on Military Readiness Means More Construction Work on Military Bases

April 25, 2018

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Written By James W. Norment
The United States military is the most powerful warfighting force in world history. But Secretary of Defense Jim Mattis made a stark observation in…
article

What Could Go Wrong? The Importance of Business Succession Planning

April 20, 2018

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Written By Merrill G. Jones, II and Zachary F. Lamb
Most business owners expect that their company will continue to operate after they stop working. However, successfully transitioning control of a business rarely occurs…
article

Look Before You Sign … the Pitfalls of Personal Guaranties

April 13, 2018

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Written By Thomas C. Wolff
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.…
article

Protecting Important Assets of your Growing Business: The Value of Non-Compete Agreements and Trade Secret Protection

March 21, 2018

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Written By Norman J. Leonard
You have a great idea for a product or service and dream of putting that idea to work by starting a business. Once your…
article

Can I Secure a Loan with Bitcoin? Part I

March 16, 2018

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Written By Lance P. Martin
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…
article

Exclusive Use Provisions in Commercial Leases

February 9, 2018

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Written By Justin M. Lewis
Exclusive use provisions are common in commercial leases, especially in large shopping centers with many tenants. An exclusive use provision essentially allows a tenant…
article

New Year, New Data Protection Law: Is Your Company Ready for the GDPR?

January 8, 2018

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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…
article

Tax Reform – What Does it Mean for You and Your Business?

January 2, 2018

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Written By Lee C. Hodge and Steven B. Long
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…
article

Social Hosts Beware: “One More for the Road?” May Be a Bad Idea

December 6, 2017

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Written By Grant B. Osborne
Everyone was having such a good time, too . . . The company was hosting its annual holiday party.  The company had arranged to…
Firm News

Celebrating Family Business Success

November 27, 2017

Ward and Smith is a proud corporate sponsor of the Triangle Business Journal’s “Family Business Awards” taking place on December 7th at the Prestonwood…
article

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…
article

The Section 363 Sale Process: Buying Assets from a Bankrupt Company

August 30, 2017

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Written By Paul A. Fanning and Tyler J. Russell
Businesses struggle and bankruptcies are filed for a number of reasons, regardless of the economic climate.  While unfortunate, this provides opportunities for others to…
article

North Carolina Law Adds Predictability to Litigation Involving Business Contracts

August 24, 2017

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Written By Michael J. Parrish
North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte,…
article

Senate Bill 155: The Brunch Bill – Expanded Version

June 30, 2017

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Written By Justin M. Lewis
UPDATE: North Carolina Governor Roy Cooper officially signed the bill into law on Friday, June 30, hours after this article was published. A few…
article

Succession Planning—Bet the Farm on It

May 12, 2017

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Written By E. Bradley Evans and Matthew W. Thompson and Peter B. von Stein
Despite recent trends toward consolidation in the agricultural industry, farming generally remains a family affair.  According to the United States Department of Agriculture, 98%…
article

Here Today, Gone Tomorrow: the Allures and Legal Considerations of Pop-Up Shops

April 11, 2017

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Written By Joanne H. Badr
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…
Firm News

Media Mention: John Sloan’s Insightful Discussion on Wealth Management

March 27, 2017

It’s always a great idea to have a back-up plan, even in uncertain times.  And one way to secure your future, at least financially,…
article

The North Carolina Business Court Evolves

February 28, 2017

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Written By Edward J. “Trip” Coyne, III
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…
article

The Basics of 1031 Exchanges – Part Two: Structuring Partnership/LLC 1031 Exchange Cash-out Transactions

January 26, 2017

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Written By Lee C. Hodge
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…
article

The Basics of 1031 Exchanges – Part One

January 16, 2017

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Written By Lee C. Hodge
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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Rejoice: The Return of Premium-Reimbursement Plans for Small Employers

December 12, 2016

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Written By Devon D. Williams
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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Why Do You Need a Buy-Sell Agreement for Your Closely Held Company?

November 18, 2016

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Written By Merrill G. Jones, II
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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Lessons From the EEOC’s General Counsel’s Retrospective: Top Ten Litigation Developments and the Effective Employer’s Response

November 8, 2016

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Written By Grant B. Osborne
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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Impact of Cloud-Based Software Service Providers on HIPAA Covered Entities and Business Associates

October 31, 2016

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Written By Angela P. Doughty, CIPP/US, AIGP, FIP
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 Benefits of Using Multiple “Single-Asset” Limited Liability Companies for Investment Properties

October 14, 2016

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Written By Joanne H. Badr
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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The End of Family Business Valuation Discounts?

September 1, 2016

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Written By John R. Sloan
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

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Written By E. Knox Proctor V
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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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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Municipalities, Farmers, and Manufacturers Targeted by EPA’s New Enforcement Initiatives

June 2, 2016

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Written By Amy P. Wang
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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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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Drone On – May I See Your Flight Registration Please?

December 18, 2015

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Written By Alexander C. Dale
***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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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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E-Verify Changes Expected for North Carolina

October 27, 2015

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Written By Hayley R. Wells
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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“Spoiler Alert”: Amended Federal Rule 37(e) Addresses Standards and Sanctions for the Spoliation of Electronically Stored Information

October 13, 2015

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Written By Edward J. “Trip” Coyne, III
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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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

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Written By Grant B. Osborne
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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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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Unpaid Interns: Does The Law Actually Require That They Be Paid For Their Work?

July 21, 2015

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Written By Devon D. Williams
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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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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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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2015 ACA Forecast: Employers Beware Of ACA Traps, Pitfalls, And Uncertainties

December 23, 2014

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Written By Devon D. Williams
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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Penny Wise; Pound Foolish: Lack Of Careful Legal Planning Dooms Successful Business

December 11, 2014

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Written By Allen N. Trask, III
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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ACA Alert: Be Wary Of “Skinny” Health Insurance Plans For 2015

November 21, 2014

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Written By Devon D. Williams
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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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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Making The Hunter The Hunted: North Carolina Gives Business Owners New Tools To Combat “Patent Trolls”

September 26, 2014

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Written By Allen N. Trask, III
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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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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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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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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Tax Resolution for 2014 – Be Proactive to Minimize Your Exposure to the New Net Investment Income Tax

February 5, 2014

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Written By Lee C. Hodge
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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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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Update On The Jumpstart Our Business Startups (“JOBS”) Act

August 28, 2013

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Written By E. Knox Proctor V
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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Protect Your Bottom Line: Plan and Implement a Successful Collections Policy

July 17, 2013

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Written By Tyler J. Russell
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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Believe It, Or Not: Social Media Information Can Be A Trade Secret

June 5, 2013

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Written By E. Bradley Evans and Joseph A. Schouten
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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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

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Written By Jeremy M. Wilson
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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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

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Written By Jason T. Strickland
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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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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Who Am I? EEOC Recognizes Gender Identity Discrimination

October 24, 2012

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Written By Will Oden
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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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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Having Trouble Raising Capital? The Jumpstart Our Business Startups (“JOBS”) Act May Help

September 5, 2012

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Written By E. Knox Proctor V
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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North Carolina Tax Reform – Are You and Your Company Ready?

August 15, 2012

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Written By Lee C. Hodge
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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Overview Of The Jumpstart Our Business Startups (“JOBS”) Act

July 18, 2012

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Written By E. Knox Proctor V
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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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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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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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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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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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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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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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

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Written By Jason T. Strickland
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

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Written By Tyler J. Russell
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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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

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Written By Michael J. Parrish and Ryal W. Tayloe
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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Making the Tax Code Work for You and Your Business – Business and Individual Tax Planning Opportunities in 2011 and 2012

April 5, 2011

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Written By Lee C. Hodge
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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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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Will You be Your Brother’s Keeper? – Members’ Fiduciary Duties in NC LLCs

February 7, 2011

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Written By Allen N. Trask, III
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

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Written By Lee C. Hodge
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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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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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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Letter of Intent: Is It Really What You Intended?

October 18, 2010

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Written By Justin M. Lewis
“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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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

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Written By Lee C. Hodge
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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Asset Protection Planning: Shoot Before the Buzzer

May 19, 2010

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Written By John R. Sloan
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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The Fiduciary Duties of Directors of For-Profit Corporations

February 8, 2010

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Written By Adam M. Beaudoin
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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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

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Written By Lee C. Hodge
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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Good Faith, Due Care, and Loyalty: Responsibilities of the Nonprofit Director

September 16, 2009

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Written By Adam M. Beaudoin
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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From Bad to Worse: The Expanded Fiduciary Duties Imposed on Directors of Insolvent and Near Insolvent Corporations

August 22, 2009

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Written By Lee C. Hodge
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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“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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Protecting Your Personal Assets: Avoiding a Creditor’s Attempt to Hold You Personally Liable for the Actions of Your Business

January 24, 2009

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Written By Lee C. Hodge
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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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

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Written By Alexander C. Dale
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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