News + Insights

A Short Refresher On Discrete Legal Issues During Natural Disasters

Written By William A. Oden, III 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…

Split Decision: SCOTUS Stays OSHA ETS, While Upholding CMS Vaccine Mandate

Written By Emily G. Massey, William A. Oden, III, and Devon D. Williams

On January 13, 2022, in a 6-3 per curiam opinion in NFIB v. OSHA­, the United States Supreme Court ordered the OSHA ETS be stayed pending disposition of the matter at the Sixth Circuit Court of Appeals.   Large E…

Back Into the Woods: NC Order Mandates Measures for State Employees and Encourages Businesses to Take Similar Actions

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 in the state and strongly encourages private businesses and or…

The FFCRA Trap: Employers Must Consider Retaliation Even After the FFCRA

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 last few weeks, states across the nation began taking steps to reduce the restrictions…

Congratulations Bankruptcy Graduates! You Are Now Eligible for PPP Loans.

Written By Lance P. Martin

To be eligible for a Paycheck Protection Program ("PPP") loan, the applicant must certify on the borrower application that the applicant and any owner of 20% or more of the applicant are not “presently involved in an…

Media Mention: Will Oden Discusses 'Working with Vaccines' with the Wilmington Business Journal

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 with several news outlets. Recently, the Wilmington Busin…

To Encourage Landlords to Work with Struggling Tenants, Congress Removes a Powerful Weapon Wielded by Bankruptcy Trustees

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 whether they could operate, when, and at what capacity.  Many comme…

Troubled Waters: Leading Through a Pandemic

Written By Lynwood P. Evans

We've weathered literal storms, such as Hurricane Florence, but nothing quite like the speed and scope of the coronavirus pandemic. Through it all, we have been honored to help our clients, businesses, and communities nav…

Year in Review: New Roles, New Faces, and Growth at Ward and Smith in 2020

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 on March 13 letting our team know we would all be working remotely until March 27. We wanted to reassure…

Year in Review: New Leadership at Ward and Smith

Devon Williams, a labor and employment attorney, assumed the role of Co-Managing Director of Ward and Smith on January 1, 2021, after shadowing Ken Wooten for the better part of 2020. She leads the firm alongside Greenvil…

PPP Loans, Episode Two – Is the Sequel Worth Watching?

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 on.  But every once in a while a movie sequel hits a home run – Go…

COVID-19 Paid Leave in 2021: The Impact of New Federal Relief Bill on Employers

Written By Emily G. Massey, Grant B. Osborne, and Hayley R. Wells

"The future ain't what it used to be."  – Yogi Berra Governing can be a fickle affair. The Families First Coronavirus Response Act of 2020 ("FFCRA"), the first paid-leave of absence law to be enacted on a nati…

Flexibility in the Face of COVID-19: When Culture and Technology Align

Written By Angela P. Doughty, CIPP/US, AIGP

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 work during this unusual year. Here are just a few examples of how Ward and Smith has aligned our te…

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

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 quantity of writing is unprecedented, and led to an inc…

New Relief Bill: What Small Businesses Need to Know about PPP Now

On December 27, 2020, President Trump approved a $900 billion relief bill. In it, Congress appropriates funds to help small businesses, nonprofits, and venues that continue to be hit hard by the impact of COVID-19 through…

We’ll See How "Temporary": U.S. Department of Labor Issues New Temporary Rule Interpreting Families First Coronavirus Response Act of 2020

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") became law on March 18, 2020. It was enacted into la…

Questions Raised by the PPP Loan Necessity Questionnaire

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 be relied upon for, legal advice in any particular circumstanc…

COVID Quarantine + Surge in eCommerce = … ADA Discrimination Claims?!

Written By Angela P. Doughty, CIPP/US, AIGP

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 on digital means to engage in business transactions is undeniable and unlikely t…

Liability Waivers and Questionnaires in the Time of COVID-19

Written By William A. Oden, III

As businesses begin to re-open and re-engage their workforce, and in light of the ongoing COVID-19 pandemic, it is worth exploring requiring your employees (and in certain circumstances, customers) to execute a liability w…

New Forgiveness Flexibility for PPP Borrowers

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 the President and became effective on June 5.  This law amends the C…

COVID-19 Eviction Moratoriums: Need-To-Know Information for NC Landlords and Tenants

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.  The CARES Act provided immediate economic assistance for American worke…

Is it Time to "Use it or Lose it?"

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 Trusts and other planning techniques provide opp…

A Few Unanswered Questions About PPP Loan Forgiveness

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. For a guide on the changes now in effect, click here.] As we reported in a previ…

Reopening After COVID-19: What Business Owners Should Know

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 being forced to make tough decisions in an environment of great unce…

Leases and Bankruptcy in a Time of Coronavirus

Written By Lance P. Martin

Many businesses in bankruptcy or heading that way – particularly retail establishments – face an uncertain future as states and cities move from closures to phased re-openings.  No one knows with certaint…

A Few Questions Answered – SBA Issues PPP Loan Application and Additional Interim Final Rules

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 PPP loan is nothing more than just another business deb…

NC Modestly Moves into Phase 2: What NC Businesses Need to Know

Written By Kristin D. Mitcham

North Carolina Governor Roy Cooper and Dr. Mandy Cohen, Secretary of the North Carolina Department of Health and Human Services ("NCDHHS"), conducted a press conference at 5:00 p.m. on May 20, 2020, where they outlined the…

How Outdoor Sports and Recreation Operations Can Protect Themselves in a Post COVID-19 Environment

Written By Kristin D. Mitcham

There is a world history of pandemics that, at one point or another, crippled civilizations or dynasties.  In America's more recent history, our country has experienced the Spanish Flu (1918 – 1920), the Asian F…

Update: SBA Creates New PPP Safe Harbor Rule, Extends Deadline to May 18

[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 for PPP borrowers to return their loans.  The deadline extension is …

What To Do First if You Are Involved in a Car Accident in North Carolina

Written By Lynwood P. Evans and Jeremy M. Wilson

As a result of "stay at home" orders and other social distancing guidelines to help stop the spread of COVID-19, fewer North Carolinians are driving.  In fact, recent news stories report that some car insurance compa…

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

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 able to take advantage of Subchapter V of Chapter 11 of the Bankruptcy Code.  The new s…

PPP Loan Proceeds: Forgive, Pay and Forget it, or Not?

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 be distributed to approved applicants.  Approximately 3 million sma…

Further Extensions of USPTO Deadlines Under the CARES Act

Written By Erica B. E. Rogers

This article continues the discussion in our earlier article about thirty-day extension eligibility for deadlines with the U.S. Patent and Trademark Office. The U.S. Patent and Trademark Office ("USPTO") recognizes that t…

Economic and Financial Uncertainty: How a Homeowners Association Can Protect Itself

Written By Tyler J. Russell and Thomas C. Wolff

In a short period of time, COVID-19 has changed the way we live and conduct business.  Sadly, the pandemic seems as though it will cause (or already has caused, depending on who you ask) a devastating impact on our l…

Business Law Lessons from the Tiger King

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 of deep fear and heavy unrest about the novel coronavirus, COVID-19, the world …

The PPP and Health Care Enhancement Act of 2020: Get Ready for Round 2

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 billion PPP Act has been enacted with the goal of replenishing the PPP with appro…

North Carolina's Stay-At-Home Order Extended Through May 8, 2020

Written By Amy H. Wooten

Governor Roy Cooper stated today that North Carolina has flattened the curve, but that the State is not yet ready to lift restrictions.  Consequently, Governor Cooper signed Executive Order 135, extending the statewi…

Courts, Custody, & Choices: How to Address New or Existing Issues

Written By Lauren Taylor Arnette Quinn

As most people are well aware, the COVID-19 crisis has completely changed how we operate in our daily lives.  One place that has felt a tremendous effect as a result of this crisis is our court system.  Originall…

Didn’t See That Coming: Unexpected Results of FFCRA Paid-Leave "Temporary" Regulations

Written By X. Lightfoot, 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 employees. Still, many employers are able to continue opera…

Finally, the SBA is Ready to Make Your Loan Payments

Written By Lance P. Martin

We previously notified you that the CARES Act contained a key provision related to existing SBA loans.  Section 1112 of the Act appropriated $17 billion to subsidize principal, interest, and fees for six months for so…

CARES Act Provider Relief Fund – Acceptance of Funds Comes with Conditions

Written By J. Michael Fields

Healthcare providers are among those financially adversely affected by the COVID-19 pandemic.  A survey conducted by the Medical Group Managers Association ("MGMA") on April 7 and 8, 2020, found that 97% of medical p…

Can the New Small Business Chapter 11 Save Your B&B or Airbnb?

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 to take advantage of Subchapter V of Chapter 11 of the Bankruptcy Code.  Subchapter V wa…

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…

Federal COVID-19 Relief for Agribusinesses

Written By Tyler J. Russell and Allen N. Trask, III

The Coronavirus has been largely indiscriminate in its assault on the business community.  Agriculture is no exception.  It is true that many "agribusinesses," especially those directly involved in food producti…

Employer's Recordkeeping Requirements For Leave Requests Under the FFCRA

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 the Families First Coronavirus Response Act ("FFCRA"). T…

Significant Paycheck Protection Program Guidance for Franchisees, Hotels, and Lenders

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 throughout the U.S. have been tasked with serving as …

If You File a Schedule C, Take Note: SBA Offers Guidance for Self-Employed PPP Loan Applicants

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"). Over 4,600 lenders throughout the U.S. have been tasked wi…

Desperate Times Call for…Taco Tuesday? Navigating the Use of Food Trucks in HOA Communities During COVID-19

Written By Adam M. Beaudoin

We have now just crossed the halfway point of Governor Cooper's "Stay at Home" Order, which, unless additional action is taken, is set to expire on April 29, 2020. This has been a challenging time for Community Associatio…

Faith-Based Organizations: Guidance for Eligible Paycheck Protection Program Loans

Written By Joanne H. Badr

Faith-based organizations, including houses of worship, and entities that provide services that are religious in nature, are eligible Paycheck Protection Program loan applicants as long as they meet all other requirements …

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…

Whodunnit? Understanding Who Is Responsible for COVID-19 Restrictions

Written By Alexander C. Dale

You've been told to stay at home.  Now, you may be under a nightly curfew, or you are told you must designate one shopper in your household.  Public parks and beaches are closed, and food trucks are prohibited f…

Updated Business Affiliation Rules: Key Information for Paycheck Protection Program Borrowers

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 attempt to summarize below. You can find …

New Paycheck Protection Loan Guidance for Businesses and Lenders

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 on the new legislation's Paycheck Protection Program ("PPP"). SBA's Interim Guide…

COVID-19 and Defense Contractors: Fighting for the Future

Written By James W. Norment

"We are at war. It's a different type of war, but a war nonetheless." - General Mark A. Milley, US Army, Chairman of the Joint Chiefs of Staff, on the military's response to COVID-19. "The Defense Industrial Base (…

"Drive-In" Worship Services OK'ed By Governor, Check Local Restrictions

Written By Alexander C. Dale

Several churches are looking at having "drive-in" worship services to celebrate Easter.  The thought behind the "drive-in" worship services is that people maintain social distancing by staying in their cars, but peop…

COVID-19 and Benefits: "Now, a Word from Your HR Director"

By now, most employers have been inundated with information on the CARES Act, which was recently passed in an attempt to stimulate the U.S. economy in light of the COVID-19 pandemic.  However, you may not know that t…

COVID-19 Cancelled My Event. What Now?

Written By Chris S. Edwards

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, major events—like Austin's South by Sou…

Loan Modification and Reporting During the COVID-19 Crisis

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, National Credit Union Administration, and Conf…

The New Normal – Teleworking Challenges and Solutions

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 10.5 million posts!)  Whether to comply with a local stay-at-h…

The Importance of Reviewing and Complying with Performance Bonds

Written By Ryal W. Tayloe and Luke C. Tompkins

As we continue to cope with the economic impacts of the COVID-19 pandemic, it is important for participants in the construction industry to take affirmative actions to protect your investments in current and planned c…

The CARES Act Provides Additional Relief to Consumer Debtors in Bankruptcy

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 economic hardship caused by the coronavirus ("COVID-19").  Al…

FAQ: Paycheck Protection Loans and Economic Injury Disaster Loans

Written By Joanne H. Badr

Here we will address frequently asked questions we are receiving from our business and lending clients about the Paycheck Protection Loan Program ("PPP") created by the CARES Act and the Economic Injury Disaster Loans ("EIDL").  These programs are different, and we will highlight the most important differences.

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 …

New COVID-19 Guidance for Public Sector Employers

Written By Emily G. Massey and Clifford P. Parson

On March 18, 2020, Congress passed the Families First Coronavirus Response Act ("FFCRA") to address some of the effects COVID-19 has caused in workplaces across the country.  As we have written previously, the U.S. D…

Help for the Hemp Industry in the COVID-19 Crisis

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 worries for months.  Businesses continue to operate under regulatory un…

Foreclosure and Forbearance Under the CARES Act

Written By Lance P. Martin

The CARES Act, which became law on March 27, 2020, imposes important restrictions on foreclosure activity by servicers of federally-backed mortgage loans. It also grants expansive rights to borrowers to seek forbearance o…

U.S. Patent and Trademark Office Extensions Under the CARES Act

Written By Erica B. E. Rogers

On Tuesday, March 31, 2020, the U.S. Patent and Trademark Office ("USPTO") notified the public that it may extend certain deadlines and delay payment of fees.   On March 16, 2020, the USPTO notified the public that i…

For Existing SBA Loans, the SBA Will Make Your Payments for Six Months

Written By Lance P. Martin

While much of the focus of the CARES Act has been on the Paycheck Protection Program, which allocates $349 billion for new SBA loans to cover qualified expenses, the Act contained a key provision related to existing SBA lo…

Treasury Department Releases Vital Paycheck Protection Program Information

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 rent and other operating expenses during the COVID-19 pandemic…

Employer's Alert: Third Round of Informal Guidance and FAQs on the FFCRA Issued

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 ("FFCRA").  While we are adjusting to our co…

FFCRA Health Care Providers Exemption: New Guidance Published

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 the Families First Coronavirus Response Act of 2020 ("FFCRA") wa…

Turning Low Value Lemons Into Estate Planning Lemonade – Part I Gifting Opportunities

Written By Jennifer V. Boyer

The novel coronavirus pandemic has had a dramatic impact on the U.S. economy.  Investors have experienced record-setting fluctuations in marketable security values on U.S. exchanges, and global markets are bracing fo…

Environmental Enforcement Discretion Guidance from U.S. EPA for COVID-19 Disruptions

Written By Amy P. Wang

On Thursday, March 26, 2020, the U.S. Environmental Protection Agency ("EPA") published guidance for how it will enforce environmental legal obligations during the COVID-19 pandemic.  The temporary policy, which is r…

AG's Office Gives Guidance on Remote Meetings for Local Governments during COVID-19

Written By Clifford P. Parson

With social distancing guidelines limiting the number of people gathering in one place to 10 or fewer, and with the Governor's "stay at home" order now in effect, local governments have been doing their best to maintain th…

North Carolina's Stay-At-Home Order: What Do You Need to Know?

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, 2020, but the Governor expects North Carolinians to start following it sooner if…

COVID-19 Update for Employers: New Key Guidance

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 related to the application of the benefits and leave entitlemen…

Impact of COVID-19 on Force Majeure and Rent Abatement in Commercial Leases

Written By Kristin D. Mitcham and 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 of requests from commercial tenants to their landlords for rent reduction or …

The CARES Act and the Healthcare Industry

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.   The House is set to vote on Friday, and the passage of the CARES Act a…

CARES Act Raises Small Business Bankruptcy Debt Ceiling to $7,500,000

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 able to take advantage of Subchapter V of Chapter 11 of the Bankruptcy Code.  The new s…

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

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 House is set to vote on Friday, and the passage of the CARES Act ap…

SBA Allows Scanned Copies of Documents During COVID-19 Crisis

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 they comply with Standard Operating Procedure 50 10.  But with so…

Update: Tax Filing Deadlines Moved to July 15 Amidst COVID-19 Pandemic

Written By Peter B. von Stein

The IRS announced on Saturday, March 21, that it would move the U.S. income tax filing deadline for all taxpayers and businesses from April 15th to July 15, 2020.  More expansive than prior relief measures, the feder…

COVID-19 Relief Package to Include Small Business Loans

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 respond to individuals, families, and businesses affected by the co…

COVID-19 Tax Alert – The Tax Man Lends a Helping Hand

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 (called the Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act") to …

Employers Required to Post Employee Rights Notice Under Families First Coronavirus Response Act

Written By Hayley R. Wells

As employers continue to weather the effects of the COVID-19 outbreak, the U.S. Department of Labor ("DOL") has issued some guidance to help businesses and employees understand the Families First Coronavirus Response Act (…

Working Remotely and Cyber Security During the COVID-19 Outbreak

Written By Angela P. Doughty, CIPP/US, AIGP and Erica B. E. Rogers

The number of positive cases of COVID-19 is rapidly increasing throughout the United States, requiring more and more employers to rely on employees working from home. While this is a necessity under current conditions, es…

Essential Documents: Preparing for COVID-19

Written By Eldridge D. Dodson

In this unprecedented and uncertain time, health experts are providing us with the facts about COVID-19.  Being well-informed enables us to know what measures to take in avoiding exposure to COVID-19 – starting…

Are Health Care Providers Exempt from the FFCRA Paid Leave Requirements?

Written By Emily G. Massey and Grant B. Osborne

And who is a "health care provider?" 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. The F…

Alert: Congressional Leaders Strike Deal to Bring Financial Help to the Nation, Details Unknown and the Deal Is Not Yet Law

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 Wednesday, March 25. The COVID-19 relief bill being debated in the Senate h…

Preparing for an Uncertain Future: Is Your Business Ready to Tackle Important Legal Issues Raised by a Shelter-in-Place Order?

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 unseen and so far unpredictable vi…

Understanding the New "Fast-Pass" Small Business Bankruptcy Process

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 we hope that lenders, landlords, suppliers, and fed…

The ABC Laws, They Are a Changing

Written By Hayley R. Wells

With the law seemingly changing hour to hour, we thought it might be helpful to update our Alcohol Beverage Clients on the week's COVID-19 developments that directly impact your day to day operations, employees, and financ…

"Hold On, Help Is on the Way:" U.S. Senate Passes Second COVID-19 Relief Bill

Written By Emily G. Massey, William A. Oden, III, 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 to provide relief to American employers.  The measure passed with 90 senators vo…

Protecting Your Payment Rights in the Wake of the Coronavirus

Written By Luke C. Tompkins

I write this article from home on the third day of working remotely due to the public health crisis that has emerged because of COVID-19.  In North Carolina, the government has prohibited mass gatherings of one hundr…

What the EEOC Wants You to Know About the ADA, the Rehabilitation Act, and COVID-19

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 much of what we gleaned from previous EEOC gu…

Now Is the Time to Review Your Force Majeure Clause

Written By Evan M. Musselwhite

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 at restaurants and bars.  The construction in…

Addressing Financial Impacts of the COVID-19 Crisis on Construction Companies

Written By Jason T. Strickland

In the midst of the current Coronavirus crisis, the priorities for most construction companies are (1) the health and well-being of its employees, and (2) addressing delays on projects caused by the inability to obtain lab…

Gov. Roy Cooper Orders Restaurants and Bars to Close Dine-In Service, Announces New Help for Unemployed

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 still allows those businesses to continue operations through takeout a…

HOA Boards and the Coronavirus

Written By Adam M. Beaudoin

We are seeing the emails already. "We have a Board Meeting and need to award the contract for the pool, but we shouldn’t be in the same room. How do we do this?" "We have a Membership meeting scheduled for April bu…

Contagion: Practical Advice for NC Employers in the Face of Coronavirus Disease

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 before. More than 100 years ago, soon after the end of World War I, we encountered the…

EPA Can Help You Keep It Clean in a World with COVID-19

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 are restocked, what is effective for cleaning surfaces in reside…

Federal Regulators Urge Banks to Work with Borrowers Affected by the Coronavirus

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 the paramount concern, the economic impact is a reality that cannot be ignored. On…

Hemp Crop Insurance Update: "Whole-Farm" Coverage to Include Hemp

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 wake of recent disaster events like Hurricane Florence.  On August 27, the…

Don't Jump Without a Parachute! Understanding Community Association Insurance Needs

Written By Adam M. Beaudoin

In the aftermath of Hurricane Florence, many Community Associations located in the Eastern part of the state had a rude awakening when they discovered they didn't have the right amount and/or proper type of insurance cover…

Understanding and Responding to Licensing Boards

Receiving notice of a complaint or investigation from a licensing board almost always is traumatizing.  Responding can be challenging because the mere submission of a complaint can trigger a strong emotional response…

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…

Wrapping Your Privacy Practices Up with a Bow

Written By Angela P. Doughty, CIPP/US, AIGP

For many companies, the "hap-happiest season of all" coincides with the busiest season of all.  Business owners and employees are racing to fill customer orders in time for the holidays, which also means an avalanche …

Before the Aftermath: How to Prepare Now for the Possibility of a Privacy Lapse or Data Security Breach

Despite a greater focus on prevention than ever before, privacy lapses and data security breaches continue to increase as a source of financial, legal, and reputational risk for a wide array of businesses.  According …