News + Insights

A Year in Review: Ward and Smith's Most Read Legal Insights in 2024

As we prepare to close out 2024, we’re taking a moment to reflect on the articles that captured the attention of our readers this year. From legal insights to practical advice, these pieces tackled critical issues w…

Your Neighbor's Water Caused Damage to Your Property: Who Bears Legal Responsibility?

Written By William S. Durr, Allen N. Trask, III, and Amy H. Wooten

Over the last several years, the frequency and intensity of rain and other natural disaster events have increasingly impacted both business and individual property owners across North Carolina in a variety of ways. One su…

General Assembly Approves Second Round of Hurricane Helene Relief

Written By Whitney Campbell Christensen and Marley H. Peterson

On October 24th, The General Assembly convened in Raleigh to pass the second Hurricane Helene relief bill, Senate Bill 743. The House and Senate passed the legislation unanimously, and it will become effective when Govern…

Who Is Responsible for That Fallen Tree?

Written By Justin M. Lewis and Emily B. Sullivan

Many of us are dealing with damage caused by fallen trees in the aftermath of Hurricane Helene. In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners' associ…

When is a General Contractor's License Required for Emergency Remediation Services?

Written By Evan M. Musselwhite

(Ed. Note: This article was originally published on January 10, 2020, and has been updated.) North Carolina has seen an increase in the need for building repair services following the damage caused by recent hurricanes, i…

Navigating the Aftermath of Hurricane Helene in Western North Carolina

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 claims to safeguarding your community, we offer these resources to …

Reopening Restaurants in Buncombe County after Helene: What We Know Today

Written By Hayley R. Wells

Buncombe County's Environmental Health Supervisor Felissa Vazquez met with local restaurant owners at 12 Bones Brewing on the morning of October 8, 2024, to answer questions and advise them on how to reopen their busi…

A Short Refresher On Discrete Legal Issues During Natural Disasters

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 employers may confront during times of natural disaster – all of which are better to …

What! My Flood Policy Doesn’t Cover Flood Damage?! This, and Other Pitfalls of NFIP Flood Insurance Policies

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 the program and writes the terms of the Standard Flood In…

A Few Things You Should Know in Case of Windstorm Damage to Your Home or Building

Written By Michael J. Parrish and Amy H. Wooten

North Carolinians are on high alert, tracking weather patterns and prepping their homes and other structures for potential storms. Many know the importance of having a plan and the peace of mind that comes with owning a g…

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

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 right types and amounts of coverage. In doing so, business own…

Disasters Take Many Forms – Preparing your Community Association for the Unexpected

Written By Madeline Lipe Williams

Disasters, natural or otherwise, are usually unexpected and leave little time for advance action. Hurricanes, named storms, floods, fire, and even crime, are types of disasters that communities across North Carolina may e…

Community Association Building Blocks: Community Drainage and Flooding and Architectural Control Parameters

Written By Eric J. Remington and Amy P. Wang

Many homeowners in North Carolina experience issues with excessive surface water flow and localized nuisance flooding after rain events.  How communities deal with these problems was the focus of Ward and Smith's lat…

"Batten Down the Hatches: Named Storm-Preparedness for Community Associations"

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

The 2021 Atlantic hurricane season officially kicks off in t-minus 12 days, on June 1, 2021, and runs through November 30, 2021. If this season is anything like the last, community associations are in for another year of …

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

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. Congress has acted.  What about the North Carolina General…

Governor Adds New COVID-19 Social Distancing Regulations for Retailers

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 Order which implements additional restrictions aimed primaril…

Paycheck Protection Program Loans and the Business Affiliation Rules: "Don't Wing It"

Written By James W. Norment

We have written a great deal about the CARES Act and the small business loans available to eligible applicants. New guidance about these loan programs is made available on a frequent basis, and we are advising clients to …

Enhanced Unemployment Assistance Under the CARES Act

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 of the day on March 25, 2020, the N.C. Division of Unemployment Sec…

NC Attorney General Talks Opioid Epidemic at Employment Law Symposium

Written By S. McKinley Gray, III

North Carolina Attorney General Josh Stein identified opioid abuse and cybersecurity as top challenges businesses face, while also giving attendees at Ward and Smith’s 2019 Employment Law Symposium a look at the broa…

From Facebook to FMLA to Furry Friends—Frequently Asked Questions in Employment Law

Written By Emily G. Massey

The questions we receive as labor and employment attorneys vary based on many factors such as organizational changes a business is experiencing, new laws or regulations that affect employer obligations, and certain trends …

Employer Survival Toolkit for Natural Disasters and Inclement Weather

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. The businesses that were not affected or have since re…

Special Bulletin: Gov. Cooper Signs Hurricane Relief Package into Law

Written By Whitney Campbell Christensen, James W. Norment, and Amy P. Wang

On Monday, October 15, the North Carolina General Assembly voted during a Special Session to approve Senate Bill 3, which appropriated an unprecedented $794 million in state funds for Hurricane Florence relief. Roughly ha…

Hurricane Florence – Emergency CAMA Permits Available

It's been two weeks since the full force of Hurricane Florence squarely hit the eastern North Carolina coast from New Bern to Wilmington and all parts in between.  As we struggle to find a new normal and address reco…

Muddy Waters: Stormwater Permits Not Meant to Control Flooding or Flood Losses

Written By Amy P. Wang

Those living in communities subject to North Carolina Stormwater Permits or local stormwater management easement agreements are increasingly alarmed as rainy weather, even without a named storm, causes property to saturate…

Wet Weather Regulations Now More Expensive Under EPA's Industrial Stormwater Settlement Penalty Policy

Written By Amy P. Wang

Heavy and consistent rainfall this summer, even before Tropical Storms Hermine and Julia and Hurricane Matthew, produced a tremendous amount of stormwater.  Grass swales were too saturated to allow infiltration, and r…