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  • Article

    What Do You Mean I Can't Place The List Of Delinquent Homeowners On The Clubhouse Door? Community Association Pitfalls: State And Federal Collection Laws

    Whether you are a board member or a property manager for a community association ("Association"), you have probably dealt with owners that fail to pay their assessments, and whose accounts
    United StatesReal Estate and Construction
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Who Is Responsible For That Fallen Tree?

    Many of us are dealing with damage caused by fallen trees in the aftermath of Hurricane Helene.
    United StatesReal Estate and Construction
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Who Wants To Be A Director? Understanding Community Association Board Member Fiduciary Duties

    The law provides that nonprofit corporations, including community associations, must "act" through their board of directors. The board of directors is (typically) made up of community members...
    United StatesReal Estate and Construction
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Still In The Blast Zone: A New Ruling Deflects Some Of The Privilege Bomb's Shrapnel, But Businesses Still Need To Suit Up

    The shrapnel flew fast and far, and some fragments wound both sides. Which is why a subsequent federal ruling, Warner v. Gilbarco, Inc. out of Michigan, matters.
    United StatesTechnology
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    It's No Big Deal, Until It Is: Why Vendor Contracts Matter For Community Associations

    A key role of most community associations is to engage contractors, service providers, and vendors (all together, "vendors") to assist the community with its everyday needs.
    United StatesCorporate/Commercial Law
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Serving On Your Community Association's ARC, ACC, Or ARB? Take Note To Whom Your Fiduciary Duties Are Owed

    Residents of planned communities often must obtain approval prior to making any modifications to their homes and lots.
    United StatesCorporate/Commercial Law
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    An Employee Cannot Be Fired, Or Otherwise Discriminated Against, For Being Gay Or Transgender

    Today, the Supreme Court of the United States ("SCOTUS") decided in Bostock v. Clayton County, Georgia that the protections of Title VII of the 1964 Civil Rights Act ("Title VII") extend to...
    United StatesEmployment and HR
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Dust Off Your Template Employment Agreements

    We often encounter template employment agreements that have not been revised for years or even decades in practicing employment law.
    United StatesEmployment and HR
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    FTC Charges Forward With Sweeping Non-Compete Ban

    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.
    United StatesEmployment and HR
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Getting Rid Of The Misnomer: The Risks Behind The Term "1099 Employee"

    While many employers use the term "1099 employee" as a means to distinguish independent contractors from the company's W-2 employees...
    United StatesEmployment and HR
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Labor Union Plants A Big Flag In Western North Carolina

    The union has apparently called the election the most significant union victory at a hospital in the southern United States since 1975.
    United StatesEmployment and HR
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Are Health Care Providers Exempt From The FFCRA Paid Leave Requirements?

    These are questions we have grappled with since the Families First Coronavirus Relief Act ("FFCRA") was enacted one week ago (March 18, 2020). Here is what we know so far.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Cheers To This! Good News For The North Carolina Alcoholic Beverage Industry

    Senate Bill 527: ABC Omnibus has been adopted by the North Carolina General Assembly and is heading to Governor Cooper for signature.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Risky Business: Distressed Companies And Payments In The Shadow Of Bankruptcy

    A hallmark of bankruptcy law is equal treatment of similarly-situated creditors. The Bankruptcy Code frowns upon a debtor who, while insolvent, pays some creditors but not others in the run-up...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Mind The Gap: How Insurance Shortfalls Can Put Your Business At Risk

    Many businesses assume that once insurance is in place, they are fully protected.
    United StatesInsurance
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Claims Of Lien For Community Associations: How To Effectively Utilize Them To Compel Payment

    Many community association managers know that a lien can be placed on a delinquent owner's lot as a method of securing repayment of assessments.
    United StatesReal Estate and Construction
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    In The Agribusiness Industry? Don't Miss These Three Legal Developments To Keep An Eye On

    The North Carolina Chamber of Commerce is an avid advocate for the economic health and well-being of agribusiness and agriculture in the State through its lobbying efforts, resources available on its website...
    United StatesReal Estate and Construction
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Navigating The Homefront: A Guide To Handling Violations In Community Associations

    Every member of a community association agrees to abide by the community's governing documents by virtue of taking ownership of their lot or unit.
    United StatesReal Estate and Construction
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Tax Treatment Of The Sale Of Social Club Assets Upon Liquidation

    Since 1916, Congress has exempted from income taxation clubs formed to facilitate social interaction between its members.
    United StatesTax
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Cyber Liability Insurance: Is It Worth It?

    Cybersecurity incidents and cybercrime are on the rise in every sector of industry and against businesses and organizations of all sizes.
    United StatesTechnology
    Ward and Smith, P.A
    Ward and Smith, P.A

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