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Protecting Your Career and Your Income: Why High-Earning Professionals Need Own-Occupation Disability Insurance

April 10, 2026

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Written By Genesis E. Torres and Emily G. Massey
For high-earning professionals with years of education, training, and dedication behind them, the ability to exercise their specialized skills and earn income is more…
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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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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…
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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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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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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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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…
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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…
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…
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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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…
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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,…
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…
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…
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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…
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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…
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“You Can’t Say That!” Or Can You? Words of Protest on Company-Provided Apparel Under the National Labor Relations Act

March 5, 2024

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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…
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How Should Two or More People Own Property? Does It Matter?

February 26, 2024

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Written By Justin M. Lewis
When two or more people purchase property, they rarely consider how they should take title to the property, and this could be a big…
Firm News

Media Mention: Business North Carolina’s Features Article by Zac Lamb and Merrill Jones

February 21, 2024

Dive into the February issue of Business North Carolina for insightful advice from business succession attorneys Zac Lamb and Merrill Jones about safeguarding your…
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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…
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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,…
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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…
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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…
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FAQ: A Guide to Why and When You May Need an Insurance Counseling and Recovery Attorney to Review Your Insurance Policy

January 10, 2024

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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…
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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,…
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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.…
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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…
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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…
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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…
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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…
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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,…
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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…
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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…
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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…
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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…
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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,…
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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…
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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,…
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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…
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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,…
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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…
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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.” –…
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…
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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…
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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…
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Don’t Set It and Forget It: Taking Inventory of Your Insurance Should Be a Recurring Business Practice

July 14, 2023

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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…
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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…
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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…
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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

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…
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

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

Deed Warranties and Why They Should Matter To You

December 28, 2022

You’re negotiating to buy a piece of real estate and your attorney tells you that the seller is proposing to give you a “Special…
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…
article

Time is of the Essence: A Conversation with the EEOC

November 30, 2022

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Written By Devon D. Williams
Participants in Ward and Smith’s Employment Law Symposium received updates on topics important to the EEOC, from jurisdictional issues and governmental agency partnerships to…
Firm News

You’re Invited: Register for Ward and Smith’s Construction Conversations and Closely Held Business Briefings

September 9, 2022

This October, we’ve connected two incredible Ward and Smith events into one convenient setting, with your choice of location.  Join us for one of…
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…
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…
article

Not So Fast: Limits of “Settlement Negotiation” Protections

May 6, 2022

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Written By Isabelle M. Chammas and Joseph A. Schouten
Understanding How and Why “Settlement Negotiations” May Be Used Against You To promote honest and open discussions in resolving disputes, courts have adopted rules…
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…
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

Déjà Vu: Sixth Circuit Court of Appeals Dissolves Stay of OSHA COVID-19 “Emergency Temporary Standard” for Large Employers

December 20, 2021

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Written By Chris S. Edwards and S. McKinley Gray, III and Grant B. Osborne
Robert F. Kennedy, Jr. observed that democracy is messy and hard. The serial legal battle over COVID-19 and what the federal government can and…
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…
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

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

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

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…
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…
article

Struggling Hotels Can Provide Turn-Down Service, Can’t Be Turned Down for Subchapter V Bankruptcy

May 26, 2021

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Written By Lance P. Martin
Subchapter V of Chapter 11 of the Bankruptcy Code, which took effect in February 2020, creates a more streamlined and less expensive Chapter 11…
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…
article

Congress Extends Higher Debt Ceiling for Small Business Bankruptcies

March 30, 2021

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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

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

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…
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

The Exemption Also Rises (But Could Set Soon)

January 29, 2021

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Written By John R. Sloan
The amount that you can give to your children during life or leave to them after death estate tax-free currently is at a historically…
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…
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

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

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

Year in Review: Ward and Smith’s Top Articles of 2020

December 30, 2020

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Written By Laura V. Hudson
Over the past tumultuous year, Ward and Smith attorneys authored more than 190 articles to help our clients stay abreast of ever-changing COVID-19 impacts. That…
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…
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…
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…
article

Can a Business Owner Reorganize Guaranty Obligations Under Subchapter V?

August 21, 2020

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

Seeing Through the Fog: Obtaining a Grower’s License in Uncertain Times

June 26, 2020

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Written By Tyler J. Russell and Allen N. Trask, III
If all of the recent upheavals in the law and regulations for hemp have left you confused about how to get a hemp grower’s…
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

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

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

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…
Firm News

Media Mention: Lance Martin Featured in “Fortune” Article on Bankruptcy

May 12, 2020

Fortune recently interviewed creditors’ rights attorney Lance Martin regarding a new bankruptcy tool that could help small business debtors.  The online article, “A New Bankruptcy…
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…
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

COVID-19 Closed My Business. Can I Still Reorganize in Bankruptcy?

May 6, 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

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…
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

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 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

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

Enhanced Unemployment Assistance Under the CARES Act

March 27, 2020

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Written By William S. Durr
As the pandemic rages on, the number of North Carolina workers applying for unemployment benefits is staggering.  Between March 16, 2020 and the end…
article

Will Your Business Need a Re-Entry Certificate in the Event of a NC Shelter-In-Place Order?

March 27, 2020

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Written By James W. Norment
It will not for a statewide shelter-in-place order, at least according to guidance from the N.C. Department of Public Safety (DPS).  However, each local…
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

CARES Act: Providing Payroll Relief to Employers in Response to COVID-19

March 27, 2020

This week, the U.S. Senate passed the “Coronavirus Aid, Relief, and Economic Security Act” (the “CARES Act”) to respond to the COVID-19 crisis.  The…
article

SBA Allows Scanned Copies of Documents During COVID-19 Crisis

March 27, 2020

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Written By Lance P. Martin
The SBA permits SBA Lenders to use electronic signatures on SBA forms and other documents requiring signatures on 7(a) and 504 business loans provided…
article

COVID-19 Relief Package to Include Small Business Loans

March 26, 2020

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Written By Joanne H. Badr
On March 25, 2020, the U.S. Senate unanimously voted to advance legislation titled Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) to…
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

Understanding the New “Fast-Pass” Small Business Bankruptcy Process

March 24, 2020

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Written By Lance P. Martin
With COVID-19 and the attempts to contain it causing cataclysmic business interruption, many small businesses may find themselves on the brink of insolvency.  While…
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

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

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…
article

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

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…
article

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…
article

FDA Issues Warnings to 15 Companies for Illegally Selling Products Containing CBD

November 27, 2019

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Written By Tyler J. Russell and Allen N. Trask, III
On November 25, 2019, the U.S. Food & Drug Administration (“FDA”) published a press release, published a revised Consumer Update, and announced the issuance…
article

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…
article

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

USDA Establishes National Domestic Hemp Production Program

November 5, 2019

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Written By Tyler J. Russell and Allen N. Trask, III
On October 31, 2019, the United States Department of Agriculture (“USDA”) published its Interim Final Rule establishing the nation’s Domestic Hemp Production Program, and…
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…
article

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…
article

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…
article

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…
article

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…
article

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…
article

A Win for Hemp in Court, and What it (Might) Mean for North Carolina

September 17, 2019

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Written By Tyler J. Russell and Allen N. Trask, III
The hemp and cannabidiol (“CBD”) industries today face substantial uncertainty, and they lack clear Federal rules, regulations, and guidance within which governments and businesses…
article

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

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…
article

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…
article

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…
article

Where There’s Smoke, There’s Fire: The Raging Legislative Battle Over Smokable Hemp

July 23, 2019

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Written By Tyler J. Russell and Allen N. Trask, III
Hemp and its derivatives – including hemp-derived cannabidiol (“CBD”) – were previously classified as Schedule I controlled substances under the Controlled Substances Act of…
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…
article

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…
Firm News

Save the Date! Ward and Smith’s Closely Held Business Summit

June 17, 2019

Ward and Smith understands the twists, turns, and detours that come from growing private companies, but we are helping North Carolina businesses navigate around…
article

Top 10 Estate Planning Mistakes & How to Avoid Making Them

June 12, 2019

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Written By Virginia S. Carter and Eldridge D. Dodson
As estate planners, we have seen it all over the years.  What we have learned is that people make some common mistakes.  Whether due…
article

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

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…
article

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…
article

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…
article

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…
article

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…
article

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

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…
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…
article

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…
article

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…
article

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.…
article

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,…
article

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…
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

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

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…
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

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

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

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…
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…
Firm News

Media Mention: Alex Dale on “How to Find and Work with Attorneys” in Wilmington Business Journal

May 3, 2018

When faced with a legal problem, many people don’t know where or how to begin looking for a lawyer. The latest “Insightful Discussions” article…
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

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…
Firm News

Alex Dale to Talk Business Law for Startups and Intellectual Property at UNCW

February 26, 2018

Starting your own business can be challenging and overwhelming, but rewarding. That’s because every business is different and comes with its own set of problems…
article

Hemp Horizon: Time for Growth?

February 23, 2018

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Written By James W. Norment and Allen N. Trask, III
The Legal Commercialization of Industrial Hemp in North Carolina North Carolina is an agricultural power house. The state’s farmers contribute over $80 billion to…
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…
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The EEOC on Pregnancy, Reasonable Accommodation, and Religion

November 20, 2017

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Written By Emily G. Massey
Recent Views from the EEOC Charlotte District Office Thomas M. Colclough, Deputy District Director of the Equal Employment Opportunity Commission (EEOC) Charlotte District, spoke…
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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

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…
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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…
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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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Being Dismissive: The Realities of Having a Lawsuit Dismissed

November 10, 2016

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Written By Allen N. Trask, III and Jeremy M. Wilson
We often hear the phrases “frivolous case” or “thrown out of court,” and, as these sayings imply, we make broad assumptions about the procedural…
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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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How Non-Probate Assets Can Affect Your Estate Plan: A Few Cautionary Tales

June 1, 2016

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Written By Virginia S. Carter and Peter B. von Stein
When you think about the control of your possessions and assets after your death, you probably think of a Will and probate.  A Will…
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Real Estate Developers – Proper Planning is Key to Maximizing The After-Tax Return on a Development Project

August 18, 2015

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Written By Lee C. Hodge
Before starting a new development project, residential and commercial real estate developers should focus on properly structuring the acquisition and development of the property…
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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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Fair Labor Standards Act: Narrow Exceptions For Volunteers And Interns

December 18, 2014

How do you react to dedicated employees who love their work so much that they offer to perform extra work “off the clock”?  Or,…
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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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CAUTION! CONSTRUCTION ZONE: A Piece-Rate Compensation System Can Be An Effective Tool For Construction Businesses, But What About Overtime?

October 21, 2013

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Written By Devon D. Williams
If your business involves construction, then you may be familiar with the concept of piece‑rate compensation.  Under this system, employees are paid based on…
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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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Use of Limited Liability Companies in Estate Planning

April 21, 2011

Limited liability companies (“LLCs”) and limited partnerships (“LPs”) frequently are used to accomplish two important estate planning objectives. First, these entities facilitate gifts by…
article

Craft Brewers Beware: How to Keep Your IPA From Going MIA

January 1, 2011

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Written By Norman J. Leonard
Special Bulletin It must seem to most beer enthusiasts that the owner or operator of a craft brewery is living the dream.  As a…
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Silver Lining to the Economic Dark Cloud – Estate Planning Opportunities in a Down Market

December 22, 2010

Changing tax laws, political uncertainty, and the whole family at Thanksgiving can take us on a roller coaster ride of ups and downs.  But…
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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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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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