Forum Selection Clauses – An Overlooked Contractual Pitfall
May 8, 2026
Why worry about a clause in a contract that requires your company to arbitrate or litigate in another state? It can be tempting to…
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Firm News
Chris Edwards to Present on Sanctions and Attorney’s Fees on Appeal at NCBA Appellate Practice and Litigation Sections Joint CLE
April 29, 2026
Chris Edwards, a North Carolina State Bar Board Certified Specialist in Appellate Practice and co-chair of Ward and Smith’s Appellate Practice, will present the…
Firm News
Attorney Chris Edwards Featured in NCAJ Trial Briefs Q1 Issue
April 22, 2026
Chris Edwards, a North Carolina State Bar Board Certified Specialist in Appellate Practice and co-chair of the Appellate Practice at Ward and Smith, P.A.,…
Firm News
Ward and Smith Welcomes Appellate Litigation Attorney Jake Pugh
April 1, 2026
Ward and Smith is pleased to announce that Jake Pugh has joined the firm as an appellate litigation attorney. Jake brings more than a…
article
The Privilege You Didn’t Know You Waived: What Every Business in Litigation Needs to Know
March 18, 2026
If your company is involved in litigation, or regularly faces the possibility of it, a recent federal court ruling should change the way you…
article
Don’t Paste the Attorney’s Letter Into ChatGPT: What HOA Boards and Managers Need to Know About AI and Legal Privilege
March 4, 2026
A federal court just ruled that conversations with public AI chatbots are not protected by attorney-client privilege. For HOA Boards and community managers, that…
Firm News
25 Ward and Smith Attorneys Recognized as 2026 North Carolina Super Lawyers and Rising Stars
February 18, 2026
Ward and Smith is pleased to announce that 25 of its attorneys were recognized in the 2026 North Carolina Super Lawyers and Rising Stars…
Firm News
Amy Wooten Appointed Vice Chair of Wake County Bar Association and Tenth Judicial District Bar Professionalism Committee
February 12, 2026
Ward and Smith is pleased to announce that litigation attorney Amy Wooten has been appointed Vice Chair of the Professionalism Committee of the Wake…
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Supreme Court Confirms That State Affidavit-of-Merit Laws Don’t Apply in Federal Court
January 30, 2026
The Court’s decision in Berk v. Choy resolves a circuit split and adopts the approach the Fourth Circuit has had in place since 2021.…
Firm News
Media Mention: Chris Edwards Interviewed by Law360 on Pivotal Supreme Court Test Involving the Federal Reserve
January 21, 2026
Appellate attorney Chris Edwards was recently interviewed by Law360 for its in-depth coverage of a closely watched U.S. Supreme Court case examining presidential authority…
article
How to Contest a Will in North Carolina: The Basics
January 20, 2026
We all know that a person can control who will own his or her property after death by signing a will. But when questions…
Firm News
38 Ward and Smith Attorneys Recognized as 2026 Business North Carolina Legal Elites
January 9, 2026
Ward and Smith is pleased to announce that 38 of the firm’s attorneys have been recognized in the 2026 Legal Elite by Business North…
Firm News
Ward and Smith’s Vicki Spillane Named 2025 Litigation Support Person of the Year
December 30, 2025
We are so proud to congratulate Vicki Spillane, Certified E-Discovery and Litigation Support Manager, on being named the 2025 Litigation Support Person of the…
Firm News
Amy Wooten Receives President’s Award from Wake County Bar Association
December 26, 2025
Ward and Smith attorney Amy Wooten has been honored with the President’s Award from the Wake County Bar Association (WCBA) and the Tenth Judicial…
Firm News
Ward and Smith Welcomes Litigation Attorney Taylor Pulliam
December 18, 2025
Ward and Smith is pleased to announce that W. Taylor Pulliam has joined the firm’s Litigation practice group. Taylor represents businesses and individuals in…
Firm News
Ward and Smith Attorneys Recognized in 2026 Edition of Benchmark Litigation
November 19, 2025
Ward and Smith has once again earned Benchmark Litigation’s “Recommended” status for dispute resolution in North Carolina and continues to be recognized in the publication’s…
Firm News
Ward and Smith Ranked by Best Law Firms® in 2026
November 6, 2025
Ward and Smith, P.A., has been recognized in the 2026 Edition of Best Law Firms®. The firm was ranked by Best Law Firms in 30 practice…
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Litigation, Insurance, and Business Losses: The Many Costs of Hiring Bad Drivers
November 4, 2025
For many businesses—whether delivering goods, transporting equipment, or simply sending employees on the road—hiring safe, reliable drivers is essential. But what happens when a…
Firm News
Ward and Smith Welcomes Five Attorneys Across Multiple Practice Areas and Locations
October 8, 2025
Ward and Smith, P.A. is pleased to announce the addition of five attorneys who bring a wide range of experience to the firm’s litigation,…
Firm News
Media Mention: Chris Edwards Featured in NCAJ’s Trial Briefs Publication
September 3, 2025
Ward and Smith appellate attorney Chris Edwards is featured in the Appellate Thinking section of the North Carolina Advocates for Justice’s Trial Briefs (Fall…
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What to Do When Someone Steals Your Trade Secrets: A North Carolina Business Owner’s Action Plan
August 26, 2025
Your worst nightmare has become a reality: A former employee has taken your confidential information to a competitor. Maybe you’ve noticed unusual patterns in…
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Federal Appellate Court Enjoins NLRB Proceedings, Concluding the NLRB’s Structure Is Likely Unconstitutional
August 22, 2025
In Space Exploration Technology Corp. v. NLRB, No. 24-50627 (5th Cir. 2025) (“SpaceX”), the U.S. Court of Appeals for the Fifth Circuit affirmed a…
Firm News
68 Ward and Smith Attorneys Honored by Best Lawyers® for 2026
August 21, 2025
Ward and Smith is proud to share that 68 attorneys have been recognized by Best Lawyers in America®. Of those honored, 55 were named to…
article
Why Your Employees Are Your Biggest Trade Secret Risk (And What NC Business Owners Can Do About It)
August 19, 2025
In today’s digital workplace, protecting your company’s trade secrets has never been more challenging. While external cyber threats make headlines, the reality is that…
article
A Recent Fourth Circuit Opinion Signals a Potential Shift in Preliminary Injunction Analysis
August 13, 2025
Attorneys practicing in the Fourth Circuit should take note of the Court’s recent published decision in American Federation of Teachers v. Bessent, No. 25-1282…
article
Your Most Valuable Business Asset Might Not Be What You Think: Trade Secrets for NC Business Owners
August 12, 2025
In today’s digital age, your company’s most valuable assets might not be the equipment on your factory floor or the inventory in your warehouse…
Firm News
Media Mention: Ward and Smith Attorneys Featured in The Licensing Journal
July 10, 2025
Ward and Smith attorneys Gavin Parsons, Mayukh Sircar, CIPP/US, and Devon Williams are featured in the June 2025 issue of The Licensing Journal for their…
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Supreme Court Limits Scope of Nationwide Injunctions—Is Nationwide Vacatur Next?
June 30, 2025
In Trump v. CASA, the Supreme Court significantly narrowed federal courts’ power to issue “universal” or “nationwide” injunctions—broad orders that bar the government from…
article
Transparency in Homeowners Associations in North Carolina: The Good, the Bad, and the Risky
June 24, 2025
Community and homeowners’ association managers and board members often walk a fine line when it comes to transparency. While openness fosters trust among members,…
Firm News
Raleigh Family Law Attorney Phillip Cowan Joins Ward and Smith
June 2, 2025
Ward and Smith is pleased to welcome family law litigator Phillip Cowan to the firm. Phillip brings his decades of experience to bear on…
Firm News
Gavin Parsons’ Trade Secret Litigation Session to Be Rebroadcast by NCBA on June 18
May 29, 2025
Attorneys who missed the original 2025 Antitrust & Complex Business Disputes Law Section Program earlier this year will have another chance to tune in.…
article
Dangerous Traps in the Fourth Circuit: Three Easy Ways to Lose an Issue on Appeal
May 23, 2025
One of the core competencies of a good appellate lawyer is spotting arguments that have been preserved. Whether you’re the appellant or the appellee,…
article
Antitrust Compliance for North Carolina Construction Companies: Avoiding Legal Pitfalls
May 16, 2025
The construction industry has long been a target for antitrust enforcement. For construction company owners and managers, understanding antitrust laws and implementing effective compliance…
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Preventing Trade Secret Theft: Proactive Strategies for In-House Counsel
May 6, 2025
Ed. Note: This is the last in a series of articles taken from Gavin Parsons’ CLE presentation for the North Carolina Bar Association’s Antitrust…
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Maximizing Recovery in Trade Secret Cases: A Guide to Damages and Remedies
April 29, 2025
Ed. Note: This is the fourth in a series of articles taken from Gavin Parsons’ CLE presentation for the North Carolina Bar Association’s Antitrust…
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Understanding Trade Secret Misappropriation: A Guide for In-House Counsel
April 15, 2025
Ed. Note: This is the second in a series of articles taken from Gavin Parsons’ CLE presentation for the North Carolina Bar Association’s Antitrust…
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Preserve or Perish: The North Carolina Supreme Court Reinforces Rule 50 Specificity in Vanguard Pai Lung v. Moody
April 11, 2025
In Vanguard Pai Lung, LLC v. Moody, No. 15A24 (N.C. Mar. 21, 2025), the Supreme Court of North Carolina delivered a cautionary message for…
article
Trade Secret Protection in 2025: What In-House Counsel Need to Know
April 8, 2025
Ed. Note: This is the first in a series of articles taken from Gavin Parsons’ CLE presentation for the North Carolina Bar Association’s Antitrust…
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Basic but Important Considerations for Corporations—Both For-Profit and Non-Profit: Understanding Director and Officer Liability Insurance
April 4, 2025
Insurance commonly referred to in the insurance industry as “directors and officers” or “D&O” insurance is insurance that is payable to directors and officers…
Firm News
Media Mention: Ward and Smith Prevails in Wage Dispute Covered by Law360
April 3, 2025
Ward and Smith recently helped secure a decisive legal victory for Cleveland County in a long-running wage dispute brought by a collective of emergency…
Firm News
Media Mention: Gavin Parsons Discusses Fifth Avenue UMC Legal Victory with StarNews Online
March 19, 2025
In a recent interview with StarNews Online, Ward and Smith attorney Gavin Parsons discussed the ongoing legal battle concerning the historic Fifth Avenue United…
Firm News
25 Ward and Smith Attorneys Shine in 2025 Super Lawyers and Rising Stars Lists
February 18, 2025
Ward and Smith is thrilled to announce that 25 of its attorneys have earned spots on the prestigious North Carolina Super Lawyers and North…
Firm News
Media Mention: Attorneys Isabelle Chammas and Joe Schouten Featured on NC Bar Blog
February 6, 2025
Ward and Smith attorneys Isabelle Chammas and Joe Schouten’s insightful article, “Think Twice: Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press…
Firm News
Media Mention: Gavin Parsons Appears on the PlainSpoken Podcast to Discuss High-Stakes Church Property Dispute
January 24, 2025
Litigation attorney Gavin Parsons recently appeared on the PlainSpoken Podcast to discuss his role in representing Fifth Avenue United Methodist Church of Wilmington in…
Firm News
Gavin Parsons to Speak at the 2025 Antitrust & Complex Business Disputes Law Section Program
January 21, 2025
Litigation attorney Gavin Parsons is set to speak at the North Carolina Bar Association’s 2025 Antitrust & Complex Business Disputes Law Section Program. The one-day event will…
Firm News
Ward and Smith Helps Secure Unanimous Victory before the US Supreme Court Victory in Pet Food Dispute
January 16, 2025
In a significant win for state court jurisdiction, Ward and Smith, alongside our partner firms, including Keller Postman (Chicago), Pope McGlamry (Atlanta), Walkup Melodia…
Firm News
Media Mention: Gavin Parsons Quoted in Port City Daily Article
January 13, 2025
Ward and Smith attorney Gavin Parsons was prominently featured in an article by Port City Daily, offering his legal perspective on a case involving the…
Firm News
Victory at the North Carolina Court of Appeals for Wilmington’s Fifth Avenue United Methodist Church
January 8, 2025
Ward and Smith attorney Gavin Parsons assisted Fifth Avenue United Methodist Church of Wilmington (Fifth Avenue) in a dispute over ownership of church property…
Firm News
Ward and Smith Attorneys Honored as 2025 Business North Carolina Legal Elites
January 6, 2025
Ward and Smith is proud to announce that 38 of its attorneys have been named to Business North Carolina’s 2025 Legal Elite, a testament to…
Firm News
Chris Edwards Joins NCBA Litigation Section Council
December 30, 2024
Attorney Chris Edwards has been appointed to the Litigation Section Council of the North Carolina Bar Association (NCBA) for a three-year term. The Litigation…
Firm News
Ward and Smith Protects Export Tax Credits for Philip Morris USA in North Carolina Supreme Court
December 18, 2024
Ward and Smith attorneys Alex Dale and Chris Edwards achieved a major victory in the Supreme Court of North Carolina for Philip Morris USA,…
Firm News
Ward and Smith Grows Litigation Practice with Two Key Hires
December 3, 2024
Ward and Smith is pleased to announce Gavin Parsons and Madison Waller have joined the firm. Both bring experience in complex commercial disputes and…
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Reflections from the 2024 AJEI Summit: A Focus on Appellate Innovation and Integrity
November 20, 2024
Last week, I had the pleasure of attending the 2024 Appellate Judges Education Institute (AJEI) Summit in Boston, Massachusetts. The Summit was an enriching…
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…
Firm News
Ward and Smith Welcomes Two New Attorneys to Raleigh Office
November 8, 2024
Ward and Smith is pleased to announce the addition of two new attorneys, Hunter Morris and Mark Wigley, to the firm’s Raleigh office. Both…
Firm News
Ward and Smith’s Continued Recognition in Benchmark Litigation
October 10, 2024
Ward and Smith, along with several of its attorneys, have once again been recognized by Benchmark Litigation, a leading authority on law firms and attorneys.…
article
Agritourism in North Carolina: Balancing Revenue Growth with Legal Compliance
September 24, 2024
Agritourism is now a vital part of the agricultural economy in North Carolina. More and more farmers are turning to agritourism as a way…
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…
article
Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release
September 10, 2024
Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business…
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What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies
September 6, 2024
Congress created the National Flood Insurance Program (the “NFIP”) to help make flood insurance more affordable in areas prone to flood damage. FEMA oversees…
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North Carolina Agritourism and Liability Waivers
August 30, 2024
Strengthening the bond between farm and table, agritourism flourishes in North Carolina as both the agribusiness and agriculture sectors buoy the state’s economy with…
Firm News
67 Ward and Smith Attorneys Recognized by Best Lawyers® in America for 2025
August 15, 2024
Ward and Smith is pleased to announce that 67 attorneys have been recognized by Best Lawyers®. Fifty-four attorneys were chosen for inclusion in…
Firm News
11 Ward and Smith Attorneys Honored in the 2024 Benchmark Litigation 40 & Under List
August 9, 2024
Ward and Smith is proud to announce that 11 of its attorneys have been recognized in the prestigious Benchmark Litigation’s 40 & Under List…
article
The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners
June 24, 2024
Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases.…
Firm News
Ward and Smith Welcomes New Litigation Attorney Jeffery Stoddard
June 18, 2024
Ward and Smith is pleased to introduce Jeffery Stoddard, the latest addition to our esteemed legal team. With a wealth of experience in construction…
article
Navigating Easement Disputes in North Carolina
May 17, 2024
An easement is a right to make some specific use of land owned by another. Because easements involve the easement owner using land owned…
Firm News
Attorney Trip Coyne, Former CEO of Multi-National Company, Returns to Ward and Smith
April 17, 2024
Ward and Smith is pleased to announce the return of attorney Edward “Trip” Coyne to its Wilmington office. Trip rejoins the firm after serving…
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A Swift Debriefing: Rapid Fire Legal Update
March 26, 2024
At Ward and Smith’s recent In-House Counsel event, four Ward and Smith attorneys shared insights on a variety of legal topics, including updates from…
Firm News
Media Mention: Ellis Boyle Discusses Next Steps in Civil Rights Violation Case
February 29, 2024
Attorney Ellis Boyle is determined to secure justice for his client, unjustly shot by Cherokee Tribal police in his own home. This comes amid…
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Condominium Governance: Unpacking the Implications of Alexander v. Burkey for Condominium Associations
January 29, 2024
Last month, the North Carolina Court of Appeals issued its opinion in the case of Alexander v. Burkey, 894 S.E.2d 291 (2023). The Court…
Firm News
21 Ward and Smith Attorneys Honored by North Carolina Super Lawyers in 2024
January 16, 2024
North Carolina boasts an impressive array of legal talent, and this year, we’re thrilled to announce that 21 of our attorneys have been recognized…
Firm News
36 Ward and Smith Attorneys Honored in Business North Carolina’s 2024 Legal Elite
January 4, 2024
Ward and Smith proudly announced that 36 attorneys have been honored in Business North Carolina’s 2024 Legal Elite. Five legal luminaries stand out as shining…
article
Top 10 Articles for Businesses in 2023
December 28, 2023
As we eagerly anticipate the New Year, it’s time to reflect on the most impactful articles that captured the attention of businesses in 2023.…
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Ward and Smith: Our Highlights of 2023
December 27, 2023
As we reflect on the past year, it’s evident that 2023 has been remarkable for Ward and Smith. We’ve welcomed new team members, launched…
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Top 10 Most Popular Articles of 2023
December 20, 2023
As we approach the New Year, it’s time to reflect on the articles that have most resonated with readers throughout 2023. Ward and Smith…
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Embracing Change: Strategies for Effective Legal Writing in the Digital Age
December 13, 2023
It’s no secret that judges in North Carolina’s state and federal appellate courts don’t reach for printed briefs much anymore (the Chief Judge of…
Firm News
Ward and Smith Attorneys to Participate in the 2023 NCBA Litigation Section Program
November 21, 2023
Sharpen your litigation skills at the 2023 NCBA Litigation Section Program, featuring Ward and Smith attorneys Ellis Boyle and Chris Edwards. The event “Threading the Needle” is…
Firm News
Ward and Smith Ranked in 2024 “Best Law Firms”
November 2, 2023
Ward and Smith has been ranked in the Best Lawyers® “Best Law Firms” list regionally in 27 practice areas. Firms included in the 2024 “Best Law Firms”…
Firm News
Ward and Smith Litigators Featured in the 2023 Best Lawyers® Litigation Issue
September 14, 2023
Ward and Smith attorneys are gracing the pages of the 2023 Best Lawyers Business Edition: The Litigation Issue. This is a showcase of litigators…
Firm News
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…
Firm News
Rising Stars: 6 Ward and Smith Attorneys Shine in 2023 Benchmark Litigation ’40 & Under List’
August 3, 2023
Benchmark Litigation, the definitive guide to the world’s leading litigation firms and lawyers, is honoring six Ward and Smith attorneys on its “2023 40 &…
Firm News
Civility in the Legal Profession: Lynwood Evans to Appear on ABOTA Panel
July 31, 2023
Litigation attorney Lynwood Evans will participate in a discussion on the importance of civility in the legal profession. Civility Matters, a notable event organized…
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NC Courts Step Into the Digital Age With E-Filing Rollout: A Look at the Progress
July 7, 2023
The rollout of a statewide electronic court filing system called Odyssey Integrated Case Management System, or Odyssey ICMS, is officially underway. For some attorneys…
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Attention Vacation Rental Companies: North Carolina Courts Create Reason to Review Procedures for Rental Agreements
June 26, 2023
Written rental agreements state the terms, conditions, and rules of a vacation home rental. The rental agreement may also contain important warnings and notices…
Firm News
Media Mention: Ellis Boyle Discusses Civil Rights Violation Suit with Asheville News Outlet
June 23, 2023
Litigation attorney Ellis Boyle was recently interviewed by an Asheville news outlet, shedding light on a new 195-page civil complaint filed against the Cherokee…
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Civil Rights Claims: Bringing a Lawsuit under Section 1983
April 21, 2023
Know Your Civil Rights Nobody is above the law. Law enforcement and other government work is a high calling of service. People deserve to…
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Playing the Long Game: Preserving Issues for Appeal
April 12, 2023
Trials happen fast. Trial counsel are rightly preoccupied with preparing to give opening statements or closing arguments, preparing to examine or cross-examine witnesses, or…
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I am a Volunteer, so I am Protected, Right?: Understanding Director and Officer Liability Insurance for Community Associations
March 29, 2023
Community associations (“Associations”) act through their board members and officers, who are volunteers and are generally willing to serve because they care about their communities. …
Firm News
Media Mention: NC Lawyers Weekly Highlights a Ward and Smith Appellate Victory
February 21, 2023
At Ward and Smith, our attorneys represent clients before all levels of the North Carolina court system. We are pleased to announce that one…
Firm News
Attorney Taylor Rodney Marks Chosen for Prestigious NCAJ NEXT Program
February 7, 2023
Attorney Taylor Rodney Marks is taking her leadership to the next level. She is one of 20 young trial attorneys participating in the 2023…
Firm News
18 Ward and Smith Attorneys Honored in 2023 Edition of Super Lawyers
January 23, 2023
Super Lawyers, a renowned rating agency, is honoring 18 Ward and Smith attorneys for their exemplary legal services in North Carolina. Thirteen distinguished attorneys have been…
Firm News
Ward and Smith Welcomes Three Litigation Attorneys
January 6, 2023
Ward and Smith is pleased to announce the addition of three new litigation attorneys with more than 60 years of combined legal experience. Ellis…
Firm News
Pushing the Boundaries: Ward and Smith’s Most Popular Articles of 2022
December 30, 2022
2022 was an amazing year of enriching content from the Ward and Smith team! Our attorney-authored articles on trending topics were read far and…
Firm News
Ward and Smith Celebrated in 2023 Edition of Best Law Firms
November 3, 2022
Ward and Smith shines bright in the 2023 edition of “Best Law Firms.” U.S. News & World Report and Best Lawyers® released their annual rankings that recognize…
Firm News
Ward and Smith Welcomes Four New Attorneys
October 10, 2022
Ward and Smith is proud to welcome back four familiar faces. Alex Ferri, Dakota Lipscombe, Avery Locklear, and Zach Marks join the firm as…
Firm News
Ward and Smith and Attorneys Earn Benchmark Litigation Recognition in 2023 Edition
October 5, 2022
The definitive guide to America’s leading law firms and attorneys is again recognizing Ward and Smith and several attorneys. Benchmark Litigation ranked the firm…
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“But We Were Just Negotiating:” Understanding When A String Of Communications (Even Emails) May Establish a Binding Contract
September 30, 2022
Techlaw: Parties negotiating the terms of a deal must understand when the negotiating stops and a binding contract has been created, even if there is…
article
A Primer on Mediation in North Carolina’s State and Federal Courts
September 16, 2022
Litigation is costly, both in time and money. Making this worse, court dockets often are backlogged, so it can take even longer—sometimes years—to resolve…
Firm News
7 Ward and Smith Attorneys Named to 2023 Best Lawyers: Ones to Watch
September 12, 2022
Best Lawyers® has selected seven Ward and Smith attorneys for inclusion in the 2023 edition of Best Lawyers: Ones to Watch. This honor recognizes some…
article
Where Can Your Company Be Sued? The Basics of Personal Jurisdiction
September 7, 2022
In recent years, the United States Supreme Court has issued two opinions, in the cases of BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co.…
article
Teamwork Can Sometimes Make the Dream Work: How to Properly Maintain the Protections of Common Interest Doctrine in North Carolina
August 5, 2022
Parties to a lawsuit often find themselves on the “same side of the courtroom” as other entities or individuals. In these instances, where a…
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It’s About Time: Federal Court Addresses Delta-8
May 26, 2022
Delta 8 tetrahydrocannabinol (“THC”), an intoxicating form of THC often derived from hemp-derived cannabidiol (aka “CBD”), has been at the center of numerous hot…
article
Not So Fast: Limits of “Settlement Negotiation” Protections
May 6, 2022
Understanding How and Why “Settlement Negotiations” May Be Used Against You To promote honest and open discussions in resolving disputes, courts have adopted rules…
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When Is a Deal a Deal?
April 22, 2022
Oftentimes, individuals attempt to negotiate deals on their own without the benefit of legal advice and assistance. At best, this can lead to certain…
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The Third Chair: Engaging Appellate Counsel Early To Improve Outcomes at Trial
April 13, 2022
You don’t need us to tell you that trials are increasingly rare. So when heading to trial, trial counsel must know their client’s story…
article
Preliminary Injunctions and Temporary Restraining Orders—What Are They?
February 18, 2022
A preliminary injunction is a pre-trial court order that stops (or sometimes mandates) action by the opposing party in a lawsuit. A party may…
Firm News
Amy Wooten to Speak at the 2022 Insurance Law Section Program and Annual Meeting
January 18, 2022
Attorney Amy Wooten will be a featured panelist at the 2022 North Carolina Bar Association Insurance Law Section Program and Annual Meeting on Friday, January 28. …
Firm News
Ward and Smith Welcomes Litigation and Trusts and Estates Attorneys
January 10, 2022
Ward and Smith is pleased to announce two new additions, Isabelle Chammas and Courtney Peters. Isabelle is a litigation attorney in the Wilmington office.…
Firm News
Ward and Smith Attorneys Named to 2022 Business North Carolina Legal Elite
January 4, 2022
Business North Carolina has selected several Ward and Smith attorneys for inclusion in its 2022 Legal Elite edition. The annual publication lists the state’s top lawyers…
article
Once More, with Feeling: Fifth Circuit Re-Affirms Stay of ETS and Then Loses Jurisdiction of the Case
November 16, 2021
Litigation usually proceeds at a maddeningly glacial pace. Not this time. The Past The Occupational Safety and Health Administration’s (“OSHA”) well-publicized and controversial Emergency…
Firm News
Ward and Smith Welcomes New Litigation Attorney
November 9, 2021
Ward and Smith is pleased to announce the addition of litigator Josey L. Newman to its Greenville office. Josey’s practice focuses on business and…
Firm News
5 Ward and Smith Attorneys Named to Benchmark Litigation’s 2021 “40 & Under Hot List”
October 18, 2021
Benchmark Litigation has selected five Ward and Smith attorneys for inclusion into its 2021 “40 & Under Hot List.” This publication is an exclusive ranking…
Firm News
Benchmark Litigation Recognizes Joe Schouten as a “Future Star”
October 14, 2021
Benchmark Litigation has named litigation attorney Joe Schouten as a “Future Star” for 2022. This recognition is awarded to attorneys who were consistently referenced by peers and clients and are building their…
article
Understanding Attorney-Client Privilege
October 1, 2021
Attorney-client privilege. Most people have heard of it, and most have a general idea of what it means. But what, exactly, is attorney-client…
Firm News
Ward and Smith and 3 Attorneys Recognized by Benchmark Litigation Labor & Employment 2021
September 23, 2021
Benchmark Litigation has recognized Ward and Smith and three attorneys in its 2021 Labor & Employment edition. The publication selected Ken Gray, Will Oden, and…
Firm News
7 Ward and Smith Attorneys Recognized as “Ones to Watch” by Best Lawyers®
September 9, 2021
Best Lawyers® has named seven Ward and Smith attorneys as “Ones to Watch” in its 2022 edition of Best Lawyers in America®. This honor…
article
Making Your Case: Strategies for Briefing in the Supreme Court of North Carolina
August 20, 2021
Appellate practice can be challenging. In complicated cases, it’s made all the more challenging by the word limits often imposed by the pertinent rules…
article
Odyssey and E-mail Service Under the New and Improved NC Rule 5
August 18, 2021
In October of 2020, House Bill 679 made significant changes to Rule 5 (“Service and Filing of Pleadings and Other Papers”) of the North…
article
So You Have A Judgment… Now What?
July 28, 2021
In North Carolina, many lawsuits result in the entry of a judgment that establishes one party’s right to collect payment of a certain amount…
Firm News
Hayley Wells Appointed to NCBA’s Litigation Section Council
July 6, 2021
Attorney Hayley Wells has been appointed to the Litigation Section Council of the North Carolina Bar Association (NCBA). Her three-year term began on July…
Firm News
Brad Evans and Devon Williams Named to Business North Carolina’s Inaugural Power List
May 28, 2021
Business North Carolina has named Ward and Smith’s Co-Managing Directors Brad Evans and Devon Williams to its inaugural “Power List 2021.” According to the…
Firm News
Chris Edwards Wins Pro Bono Appeal at NC Supreme Court
April 27, 2021
Litigation attorney Chris Edwards won a family law appeal in the Supreme Court of North Carolina. The case centered on a Guilford County District…
article
Stay in Your Lane: Defining the Scope of an IPR Deposition
April 16, 2021
The regulations governing discovery in an inter partes review (“IPR”) proceeding do not provide for the same methods of discovery available in a patent…
Firm News
Don Eglinton Ranked as a “Top 100: NC Super Lawyer” for 2021
March 11, 2021
Super Lawyers has selected litigation attorney Don Eglinton for inclusion in its 2021 “Top 100: Super Lawyers” list for North Carolina. The publication has recognized Don…
Firm News
World Trademark Review Ranks Ward and Smith and 2 Attorneys in 2021 Edition
March 1, 2021
The world’s leading guide to trademark professionals selected Ward and Smith and attorneys Angela Doughty and Joe Schouten for inclusion in its 2021 edition of the…
Firm News
Media Mention: Ward and Smith Attorneys Settle Pender County Map Act Case for $17.5M
February 23, 2021
Ward and Smith attorneys secured a $17.5 million settlement for a North Carolina developer at odds with the North Carolina Department of Transportation (DOT).…
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Local Counsel in North Carolina’s Federal Courts
February 12, 2021
In federal court, the rules for out-of-state counsel’s participation vary from district to district. For out-of-state counsel seeking to appear in federal court in…
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The Economic Loss Rule – Recently Refined or Redefined by the North Carolina Supreme Court
January 22, 2021
Recently, the North Carolina Supreme Court issued a decision impacting the application of the economic loss rule in commercial settings, particularly construction. This article…
Firm News
13 Ward and Smith Attorneys Listed in Business North Carolina’s 2021 “Legal Elite”
January 6, 2021
Business North Carolina has recognized 13 Ward and Smith attorneys as 2021 “Legal Elites.” Of the thousands of lawyers practicing across the state, only…
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Year in Review: Ward and Smith’s Top Articles of 2020
December 30, 2020
Over the past tumultuous year, Ward and Smith attorneys authored more than 190 articles to help our clients stay abreast of ever-changing COVID-19 impacts. That…
Firm News
Media Mention: NASBP’s Blog Features Article by Bill Durr
December 21, 2020
The National Association of Surety Bond Producers (NASBP) is sharing insights from Ward and Smith’s 2020 Construction Conference with its members. The organization recently…
Firm News
Joe Schouten Recognized as a “Future Star” by Benchmark Litigation
December 7, 2020
Benchmark Litigation recognizes attorney Joe Schouten as a “Future Star” in its 2021 edition. This accolade is awarded to attorneys who were consistently referenced by peers and…
Firm News
5 Ward and Smith Attorneys Named “Litigation Stars” in Benchmark Litigation 2021
December 1, 2020
The definitive guide to America’s leading litigation firms and attorneys is recognizing five Ward and Smith attorneys. Benchmark Litigation has named Alex Dale, Don Eglinton, Brad Evans,…
Firm News
Ward and Smith Welcomes Three New Attorneys
November 16, 2020
Ward and Smith is thrilled to welcome three familiar faces. Payton Collier, Justin Hill, and Madeline Lipe joined the firm’s Raleigh office. The attorneys…
Firm News
Ward and Smith Welcomes New Litigator Jordan Spanner
October 29, 2020
Ward and Smith is proud to welcome Jordan Spanner to the firm’s Litigation practice. She will be based in the Raleigh office. Jordan’s practice…
Firm News
Ward and Smith Recognized in 2021 Benchmark Litigation
October 27, 2020
Ward and Smith is thrilled to announce that the firm has been ranked in the 2021 edition of Benchmark Litigation, the definitive guide to the…
Firm News
Alex Dale and Gary Rickner Named “Litigation Stars” in Benchmark Litigation 2021
October 27, 2020
The definitive guide to America’s leading litigation firms and attorneys is recognizing two Ward and Smith attorneys. Benchmark Litigation has named Alex Dale and…
Firm News
Ward and Smith adds Depth to Litigation Bench with Clint Cogburn
September 16, 2020
Bolstering the firm’s Litigation and Land Use practice, Ward and Smith today announced the addition of a new attorney to its roster. Clint Cogburn…
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CDC Enacts New Residential Eviction Moratorium
September 3, 2020
On September 2, 2020, the Centers for Disease Control and Prevention (“CDC”), which is under the Department of Health and Human Services (“DHHS”), issued…
Firm News
4 Ward and Smith Attorneys Recognized as ‘Ones to Watch’ by Best Lawyers®
September 3, 2020
Best Lawyers® has selected four Ward and Smith attorneys for inclusion into its inaugural “Ones to Watch” list for 2021. This honor recognizes some…
Firm News
41 Ward and Smith Attorneys Named to “Best Lawyers in America®” for 2021
August 20, 2020
Ward and Smith is proud to announce that nearly half of the firm’s attorneys have been recognized by one of the most respected and trusted…
Firm News
Media Mention: Eric Remington Discusses Eviction Moratoriums with NC Lawyers Weekly
August 4, 2020
A wave of evictions is expected in North Carolina now that the statewide moratorium is expired. North Carolina Lawyers Weekly recently interviewed several attorneys, including…
Firm News
5 Ward and Smith Attorneys Recognized on Benchmark Litigation’s 2020 “40 & Under Hot List”
July 31, 2020
Benchmark Litigation has named five Ward and Smith attorneys to its 2020 “40 & Under Hot List.” This publication is an exclusive ranking of the…
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Your HOA Got Served: Now What?
July 29, 2020
The unfortunate reality for many community associations and their boards of directors is that at some point in their existence they will be sued. …
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Wave Goodbye to the Waiver Defense in Some Landlord/Tenant Disputes
July 17, 2020
On May 1, 2020, in Winston Affordable Housing, LLC v. Roberts, the North Carolina Supreme Court clarified the law surrounding a landlord’s acceptance of…
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…
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Business Law Lessons from the Tiger King
April 29, 2020
[Spoiler alert – This article discusses events documented in the Netflix series and is based on the content of the shows.] In this time…
Firm News
Bill Durr to Co-Chair the LFA’s Litigation Community
April 27, 2020
Ward and Smith attorney Bill Durr has been selected to lead the Law Firm Alliance’s (“LFA”) Litigation Community. He will co-chair this new position…
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ARC Approval – Gotta Have It
April 23, 2020
Ward and Smith’s Community Associations attorneys have successfully defended a Wilmington area Community Association in the North Carolina Court of Appeals. On April 21, 2020, the…
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COVID-19 Cancelled My Event. What Now?
April 9, 2020
If you’re like me, the outbreak of the novel coronavirus—and COVID-19, the disease it causes—has cleared out your social calendar. Across the country,…
Firm News
Ward and Smith Welcomes Two Attorneys to Raleigh Office
April 9, 2020
COVID-19 has impacted our state tremendously in recent days, but Ward and Smith’s ability to provide comprehensive legal services to our clients not only…
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Now Is the Time to Review Your Force Majeure Clause
March 19, 2020
Virtually every industry has, or will be, significantly affected by COVID-19. Just recently, Governor Roy Cooper issued an executive order to close sit-down service…
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7 Guidelines for Parents Sharing Custody of Children During the COVID-19 Pandemic
March 18, 2020
With the Governor’s proclamation to close schools and restaurants to dine-in customers, now, more than ever, our children are a primary focus during these…
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The Business Judgment Rule: How Corporate Directors Can Sleep Better At Night
February 21, 2020
What is the Business Judgment Rule? The North Carolina Business Corporation Act (the “Act”) imposes certain requirements on corporate directors to ensure that they…
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NC Business Court Clarifies Exception to Rule that LLC Members Do NOT Owe Fiduciary Duties to One Another
January 31, 2020
One of the hallmarks of limited liability companies (“LLCs”) is that members of an LLC ordinarily do not owe fiduciary duties to each…
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Class is in Session: CBD Class Action Lawsuits are Trending Up
December 11, 2019
Products containing hemp-derived cannabidiol (“CBD”) have become incredibly popular in the United States, with new product brands entering the market seemingly every day. Consumer…
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Can an Employee be Fired for Being Gay or Transgender?
October 10, 2019
HR Professionals will soon know the answer to this question. The United States Supreme Court is preparing to settle a contentious debate on employee…
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On Notice: How to Avoid Improper Notices of Appeal
September 19, 2019
Rule 3 of the North Carolina Rules of Appellate Procedure seems pretty clear. A Notice of Appeal must “designate the judgment or order from…
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New Law More than Doubles Chapter 12 “Family Farmer” Debt Limit
August 26, 2019
On Friday, August 23, 2019, the President signed into law the Family Farmer Relief Act of 2019. The Act increases the debt limit used…
Firm News
8 Ward and Smith Attorneys Named to 2019 “40 & Under Hot List”
August 8, 2019
Each year, Benchmark Litigation sets out to find the “best and brightest attorneys” who stand out in their respective area of law for its…
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NC Anti-Indemnity Statute Update, New Changes Now in Effect
August 7, 2019
On July 8, 2019, Governor Roy Cooper signed into law HB 871, significantly altering North Carolina’s anti-indemnity statute, N.C. Gen. Stat § 22B-1 (“Anti-Indemnity…
Firm News
Lynwood Evans Named Fellow, Litigation Counsel of America
July 8, 2019
The Litigation Counsel of America (LCA) has named personal injury attorney Lynwood Evans as a Fellow of this invitation-only honorary society. Membership is limited to…
Firm News
Joe DelPapa and Evan Musselwhite Join Raleigh Office
June 24, 2019
Ward and Smith is pleased to announce the addition of Joe DelPapa and Evan Musselwhite to the firm’s Raleigh office. DelPapa will expand the…
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Avoiding Commercial Lease Disputes – Clearly Reflecting the Intent of the Parties is Key!
April 12, 2019
A commercial lease symbolizes a consensual relationship between parties that can be enduring and rewarding, or short-sighted and emotionally and financially taxing. Entering into…
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Construction Conference Insights: How to Lower Legal Risk
March 27, 2019
Three Ward and Smith attorneys provided detailed advice on how firms in the construction industry can lower their legal risk in the opening panel…
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The Economic Loss Rule and Why It Matters in Construction Litigation
March 20, 2019
In its broadest sense, the “economic loss rule” prohibits recovery in tort for purely economic loss incurred under contract law. The Merriam-Webster Dictionary online…
Firm News
Allen Trask Selected for NCBA’s 2019 Leadership Academy
March 4, 2019
Each year, the North Carolina Bar Association (NCBA) selects only 16 outstanding attorneys from across the state for its Leadership Academy, and Ward and…
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Who Gets What When a Real Property Lease Terminates?
February 22, 2019
Who gets what when a lease of real property is over? This is a question that can be problematic for both landlords and tenants. …
Firm News
Bill Durr, Zac Lamb, and Devon Williams to Speak at the 2019 “Business of Farming Conference”
February 18, 2019
Farming is a lifestyle, but it’s also a business. And this Saturday, February 23 farmers can learn to grow their business at the 2019…
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Can I Recover Attorneys’ Fees in Bankruptcy?
February 11, 2019
The United States Court of Appeals for the Fourth Circuit — which covers federal courts in North Carolina — recently handed a big victory…
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Discovery for a Modern Age: E-Discovery, Metadata, and Cost Savings
February 6, 2019
Electronic discovery (“e-discovery”) isn’t the most popular legal topic out there. Even so, as the law becomes more technology-driven, e-discovery is quickly becoming a…
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In-House Counsel Seminar Insights: How General Counsel can Successfully Collaborate with Outside Attorneys
January 18, 2019
Three senior in-house attorneys discussed best practices for collaborating with outside counsel during a panel discussion at Ward and Smith’s 2018 In-House Counsel Seminar,…
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“We’ll Just Kick Him Out!” Member Discipline and Expulsion in Private Clubs
January 16, 2019
Most private country clubs and social clubs are nonprofit corporations governed by North Carolina’s Nonprofit Corporation Act found in Chapter 55A of the North Carolina…
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You Can’t Play Hide-And-Go-Seek in Chapter 11
December 19, 2018
In a Chapter 11 bankruptcy, the debtor attempts to reorganize its affairs in a Chapter 11 Plan. When the debtor files its proposed Plan,…
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Professional Defense for Professional Licenses
November 28, 2018
Sometimes it’s best to let professionals do what they do best. I don’t call a real estate agent when I need a flu shot,…
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Oden’s “Top 4” Issues for Employers for 2018 (So Far)
October 12, 2018
What follows are the “Top 4” issues or some variation/combination (in no particular order) that I have discussed with employers so far in 2018.…
Firm News
Media Mention: Jason Strickland Shares Construction Law Knowledge with BNC
September 25, 2018
There are several methods for resolving construction disputes. And recently, construction litigator Jason Strickland explained the pros and cons of one popular form of…
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Construction Arbitration: The Pros and Cons
August 29, 2018
It’s an unfortunate fact that many construction projects end in disputes, driving the parties into some form of dispute resolution. Many of these construction…
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In Chapter 7, Oral Lies Are Safer Than Written Lies
July 6, 2018
In my last article, I discussed how the Fourth Circuit Court of Appeals affirmed the denial of a Chapter 7 debtor’s discharge because the…
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Public University Required to Disclose Sexual Assault Disciplinary Records
June 8, 2018
Recently the North Carolina Court of Appeals issued a controversial, but unanimous decision requiring the University of North Carolina at Chapel Hill (“UNC-CH”) to…
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Supreme Court Update: Merchant Rights and the Masterpiece Cakeshop Case
June 6, 2018
In 2015, the United States Supreme Court issued its landmark decision in Obergefell v. Hodges, ruling that the Fourteenth Amendment precludes states from prohibiting…
Firm News
Time for a Change? Ward and Smith Sponsors Judicial Selection Panel Discussion
May 3, 2018
Should North Carolina judges be elected or appointed? That question will be up for debate during a panel discussion on May 7. The program,…
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N.C. Supreme Court Holds Real Estate Brokers May Testify on the Issue of Fair Market Value
March 13, 2018
In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property’s fair market value. In its decision…
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The EEOC on Pregnancy, Reasonable Accommodation, and Religion
November 20, 2017
Recent Views from the EEOC Charlotte District Office Thomas M. Colclough, Deputy District Director of the Equal Employment Opportunity Commission (EEOC) Charlotte District, spoke…
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North Carolina Law Adds Predictability to Litigation Involving Business Contracts
August 24, 2017
North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mt. Airy, south of Charlotte,…
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Federal Tax Liens In Foreclosure Proceedings
August 8, 2017
Henkel v. Triangle Homes is a North Carolina Court of Appeals case with dueling tax foreclosure proceedings involving the same property. One foreclosure proceeding…
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Supreme Court Absolutely Affirms the Absolute Priority Rule
April 6, 2017
The United States Supreme Court recently decided a case that impacts lenders and other creditors in Chapter 11 bankruptcy proceedings. The Supreme Court held…
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The North Carolina Business Court Evolves
February 28, 2017
Three Things You Need to Know to Be Up to Date Business courts are not so-named because they favor businesses, but because they are…
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Being Dismissive: The Realities of Having a Lawsuit Dismissed
November 10, 2016
We often hear the phrases “frivolous case” or “thrown out of court,” and, as these sayings imply, we make broad assumptions about the procedural…
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Lessons From the EEOC’s General Counsel’s Retrospective: Top Ten Litigation Developments and the Effective Employer’s Response
November 8, 2016
On October 7, 2016, the General Counsel of the U.S. Equal Employment Opportunity Commission (“EEOC”), P. David Lopez, presented “The EEOC’s Top Ten Litigation Developments” at an employment…
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Hurricane Matthew – Emergency Permits After North Carolina State of Emergency
October 5, 2016
UPDATE 10/12/16 Coastal property owners who need to replace docks, piers, bulkheads, or similar structures damaged by Hurricane Matthew along sounds, rivers, and creeks…
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The North Carolina Landowner Protection Act: Encouraging Access for Hunters, Trappers, and Other Outdoor Enthusiasts
September 21, 2016
If you are a private landowner in North Carolina, you may not be aware that you owe a certain duty of care not only…
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Treating with the Enemy: Civil Collaborative Practice
August 30, 2016
If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file…
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Food Giants Prepare for Battle Over Trade Secret Misappropriation
July 22, 2016
On July 19, 2016, the “You Pick Two®”-famous Panera Bread filed a lawsuit in St. Louis against Papa John’s, claiming that the international pizza…
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Heads and Tails: Liability and Damages, the Two Inseparable Sides of the Same Coin in Litigation
May 20, 2016
With some limited exceptions (the author is an attorney after all), every litigation case has two phases and crucial steps: liability and damages. The…
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The Sticks And Stones Of Internet Libel: What Legal Recourse Do You Have If An Anonymous Internet Poster Defames Your Business?
December 4, 2015
The Internet makes it relatively easy for anyone to anonymously post negative and untrue comments about your business. If you discover that someone is…
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“Spoiler Alert”: Amended Federal Rule 37(e) Addresses Standards and Sanctions for the Spoliation of Electronically Stored Information
October 13, 2015
On December 1, 2015, absent congressional action, a significantly revised version of Federal Rule of Civil Procedure Rule 37(e) will become effective. The revised…
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Retention Elections – The General Assembly Creates A New Way For North Carolinians To Elect Incumbent Justices Of The North Carolina Supreme Court
August 4, 2015
Until now, a sitting Justice of the North Carolina Supreme Court had to run for reelection against any other person or persons who filed…
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Transportation Corridor Protection Maps—A New Basis for Inverse Condemnation Claims in North Carolina
March 31, 2015
A recent North Carolina Court of Appeals decision gives protection to all landowners subject to a North Carolina Department of Transportation Corridor Map. North…
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Resolving Your Property Zoning Problems
November 12, 2014
What do you do when you’ve found the perfect location for your business or project, but you discover that it’s not properly zoned for…
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Two and Done? The Court of Appeals Suggests That Lenders May Only Get Two Shots at Foreclosure
November 10, 2014
Have you ever started a foreclosure, only to work something out with your borrower and dismiss the proceeding? Have you ever done that twice? …
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Making The Hunter The Hunted: North Carolina Gives Business Owners New Tools To Combat “Patent Trolls”
September 26, 2014
Litigation in federal courts under federal law is a primary weapon in the battle to protect patents from infringement. However, because of alleged abuse,…
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Fixing the Fight Beforehand: The Use and Enforceability of Liquidated Damages Clauses in North Carolina Contracts
May 16, 2014
The term “liquidated damages” describes an agreement between contracting parties to set a fixed monetary remedy in the event of breach of a contract. …
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The Basics of Responding To A Civil Subpoena
May 14, 2014
There are many different kinds of subpoenas—civil subpoenas, criminal subpoenas, federal subpoenas, state subpoenas. This article addresses North Carolina state court civil subpoenas and…
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Incorporating N.C.G.S. Section 6-21.6 into Case Evaluations and Strategy
October 15, 2013
Prior to Oct. 1, 2011, it was very difficult to recover attorneys’ fees in a business contract case. There were narrow exceptions, including exceptions…
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“Dont Txt Me Pls…Im Driving.” Could You Be Liable For Sending A Text Message To A Driver?
October 9, 2013
A New Jersey court has held that a person sending a text message to a driver might be liable for injuries or damage caused…
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Social Media From A Litigator’s Perspective – Your Best Friend Or Worst Enemy?
July 31, 2013
Social media has become a big part of the lives of many in North Carolina and around the world. With this rise in popularity…
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Believe It, Or Not: Social Media Information Can Be A Trade Secret
June 5, 2013
Because social media is now a vital advertising tool for businesses, it is important that your business be able to protect its social media…
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Leaving the Apples to Rot: The Duty of a Wronged Party to Mitigate its Damages and its Potential Waiver in Commercial Contracts
March 27, 2013
The duty of a legally-wronged party to mitigate its damages is an important legal mechanism that minimizes economic waste. Under North Carolina law, that…
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iHeadache: The Incorporation Of Metadata Into Discovery In Litigation And Its Impact On You
January 8, 2013
An Electronic Twist on a Traditional System It is no secret that we live in an increasingly electronic world. Whether we are checking email…
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Love, Keystroking, Spyware, and Passwords: Oh my!
November 7, 2012
When faced with troubling family law situations, it is tempting to utilize technology to confirm or deny suspicions about your spouse. What is legal…
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Litigation By Any Other Name Would Still Be Dispute Resolution
May 9, 2012
Litigation includes many components that are often referred to interchangeably and incorrectly. Understanding the correct use of these terms is essential in gaining a…
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The Limited Availability to Employers of Additional Claims for Relief in Noncompetition Disputes
April 11, 2012
The North Carolina Business Court has recently issued an opinion suggesting that, in most cases, an employer’s claim for breach of a former employee’s…
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Tracing the Comet’s Tail: Metadata is now Discoverable Information in Litigation
February 15, 2012
Today it seems that all information eventually finds its way into an electronic form of one kind or another. Thoughts are put into words…
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The Importance of Being Prepared Before You Are Sued: Don’t Let Broad Document Discovery Requests Take You By Surprise
December 6, 2011
Scholar and author James P. Carse has written: “[t]o be prepared against surprise is to be trained. To be prepared for surprise is to…
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“Cyber-Bullies in North Carolina: Are Our Children Protected?”
November 10, 2011
Each year, thousands of adolescents in North Carolina find themselves the victims of “cyber-bullying.” The North Carolina General Assembly has attempted to address the…
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“Good Night, Irene” – The Law of Fallen Trees
October 11, 2011
Special Bulletin There is a large and very old oak tree located on your property that was blown over onto your neighbor’s house during…
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Giving Up the Home Court Advantage: Forum Selection Clauses
August 15, 2011
Litigation is an unfortunate but increasingly common cost of doing business. Where you litigate is often as important as – and sometimes more important…
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When You’re Not in Kansas Anymore: Untangling the Conundrum of Enforcing United States Money Judgments in Foreign Countries
August 3, 2011
Bigger Markets in a Smaller World In today’s world, American businesses are looking more and more beyond the borders of the United States for…
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A Chink in the Armor: Limited Liability Business Entities Do Not “Absolutely” Protect Owners From Personal Liability
April 23, 2011
Limited liability protection offered by business entities is invaluable to owners. However, that protection is not absolute. In certain circumstances, an owner may be…
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“Not in My Family”: Will Disputes in North Carolina: Caveats, Testamentary Capacity, and Other Phrases You Should Know
October 20, 2010
Almost everyone recognizes the importance of having properly prepared will and estate documents. Among other things, they ensure that your property and assets are…
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Hide and Seek: Untangling the Conundrum of Having United States Money Judgments Recognized and Enforced in Foreign Countries
September 19, 2010
Increasingly, American businesses are looking beyond the United States borders for opportunities to buy and/or sell goods and services. This globalization of today’s markets…
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Can I Recover My Attorneys’ Fees if I Sue?
July 25, 2010
North Carolina is a great place to live, work, and do business. Disputes arise here, however, just as they do elsewhere. When they do,…
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Privacy as we Know it Just Died, and the Internet Killed It
August 7, 2009
Millions of people know him as the “Star Wars Kid.” However, his notoriety is not for a Nobel Prize-winning scientific discovery, a spectacular sports…
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Resolving Complex Business Disputes Efficiently: The North Carolina Business Court
April 8, 2009
The unfortunate reality of being in business today is that disputes, in one form or another, seem to arise with troubling frequency. When such…
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“Let’s Shake on It”: Understanding When a Handshake and an Oral Contract Just Doesn’t Cut It
March 11, 2009
People enter into contracts and agreements daily. Some occur over the phone, others take place in a conference room, and some even transpire through…
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Arbitration: Is It Right For Your Company?
November 22, 2007
Business disputes are inevitable. They can occur within a company or between companies. The forum and process for resolving disputes can differ greatly, and…
