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Losing Control: The USDOL’s Latest Independent Contractor Test

May 24, 2016

The use and misuse of independent contractor status has been one of the most talked about issues facing businesses over the past decade.  Major…
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North Carolina General Assembly Makes Public-Private Development Agreements More Available And Attractive

May 24, 2016

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Written By Clifford P. Parson
Background Before 2005, North Carolina’s laws on vested rights offered developers some protection, but not enough, for the large, multi-phased, multi-year, mixed use developments…
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North Carolina Court of Appeals Declines to Enforce Arbitration Clause in Construction Contract

May 24, 2016

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Written By Jason T. Strickland
Introduction An arbitration clause in a contract can affect the method parties will use to resolve disputes, what remedies are available to them, and,…
Firm News

Business and Creditors’ Rights Attorney Tyler Russell Relocates to Raleigh

May 24, 2016

Ward and Smith, P.A. attorney Tyler Russell has relocated his practice from Greenville, NC, to the Raleigh office.  He represents creditors in bankruptcy cases…
Firm News

Asheville Attorney Joanne Badr Graduates Leadership Asheville, Assumes Two New Board Positions

May 23, 2016

Ward and Smith, P.A. commercial real estate attorney and Asheville native Joanne Badr recently graduated from the Leadership Asheville program.  Badr joins the ranks…
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Heads and Tails: Liability and Damages, the Two Inseparable Sides of the Same Coin in Litigation

May 20, 2016

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Written By Allen N. Trask, III
With some limited exceptions (the author is an attorney after all), every litigation case has two phases and crucial steps: liability and damages.  The…
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Did You Tell Them? Employers’ Notice Obligations Regarding Whistleblowers Under the Federal Defend Trade Secrets Act

May 19, 2016

The federal Defend Trade Secrets Act (“DTSA”), an amendment to the Theft of Trade Secrets Act, became effective May 12, 2016.  The DTSA provides…