ASHEVILLE GREENVILLE NEW BERN RALEIGH WILMINGTON

THE 2013 A N N U A L R E V I E W

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Agribusiness

Alcoholic Beverage Law

Appellate

Business

Community Associations

Construction

Creditors' Rights

Dealer/Distributor and Franchising

Economic Development

Education Law

Elder Law

Employee Benefits

Environmental

Family Law

Financial Institutions

Financial Transactions and Regulation

Government Relations

Health Care

Housing Authorities

Intellectual Property

International

Labor and Employment

Litigation

Nonprofit Organizations

Personal Injury and Wrongful Death

Privacy and Information Security Law

Real Estate

Real Estate Development

Tax

Technology

Trusts and Estates

Trusts and Estates Litigation

Zoning and Land Use Planning

In this year's Annual Review, we decided to reflect on where we have been, where we are going, and why. The purpose of the Firm is to provide exceptional service to our clients. We achieve this through specialized Practice Groups comprised of attorneys from the various areas and fields of law necessary to serve clients within any given industry or segment of the market. Many of these Practice Groups are pillars of our Firm's history and have contributed to how we have accomplished expansion during good and bad economic times. More recent Practice Groups have grown out of the birth of innovative industries, fluctuating industry trends, and the resultant needs of our clients. As recognized by Tom Peters, co‑author of In Search of Excellence, "Excellent firms don't believe in excellence — only in constant improvement and constant change." Our Firm continues to meet the needs of our clients head‑on with a sense of humility and a commitment to service. Your support of Ward and Smith, P.A.'s culture and our dedication to the practice of law make this Annual Review a publication we are proud to share with you. As always, on behalf of the entire Firm, we thank you for all the opportunities you provide us.

WELCOME

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A. Charles Ellis and Kenneth R. Wooten

S. McKinley Gray, III – S. MCKINLEY GRAY, IIIPRACTICE GROUP LEADER

During all stages of the employment relationship, certain laws are triggered that regulate both employers and employees. While some employment laws seem straightforward, others are counterintuitive. Moreover, every year new laws are enacted that affect different aspects of the employment relationship. Sometimes these new laws cause only minor headaches and hiccups for employers and employees, but some are so complicated that even the most seasoned human resources professionals need advice on the applicability of the new laws. Our attorneys have extensive experience representing both employers and employees, making our Labor and Employment Practice Group uniquely positioned to better serve our clients.

LABOR ANDEMPLOYMENT

Since the sweeping labor and employment laws of the mid‑1960s, employers have faced an ever‑increasing number of laws and regulatory agencies governing their businesses and employee relations. Numerous federal and state laws have been added to the Equal Pay Act (1963), Title VII of the Civil Rights Act (1964), and the Age Discrimination in Employment Act (1967) including, but not limited to, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Occupational Safety and Health Act, the Americans with Disabilities Act, and the North Carolina Wage and Hour Act. Attorneys in the Labor and Employment Practice Group of Ward and Smith, P.A. understand the burden these laws place on employers. We work with clients to develop, implement, and defend policies and practices related to all aspects of the employment relationship to lessen the impact of these burdens to the greatest extent possible. We are a trusted advisor and a fierce advocate for our clients. Several of our attorneys focus on business and human relations practices such as preparing personnel manuals, employment contracts, compensation agreements, documents associated with workforce reductions, and settlement agreements and releases associated with other forms of termination. Other attorneys focus on employment litigation on behalf of both employers and employees. Because we litigate our own cases, we are able to better serve our clients. Our litigation experience encompasses all types of employment discrimination and harassment claims, affirmative action compliance, state and federal wage and hour issues, wrongful termination charges, unemployment claims, breach of employment contracts, occupational safety and health matters, labor disputes, and workers' compensation claims. We represent clients before state and federal courts and regulatory and administrative agencies such as the Equal Employment Opportunity Commission, the National Labor Relations Board, the North Carolina Industrial Commission, the North Carolina Division of Employment Security, and federal and state Departments of Labor. We also assist our clients in complying with the rules of the various regulatory agencies, including the Office of Federal Contract Compliance Programs. Our attorneys draw on the expertise of attorneys in all other practice groups of the Firm and serve clients statewide, nationwide, and worldwide. In addition, our attorneys are increasingly involved in alternative dispute resolution and often serve as arbitrators and mediators. The Labor and Employment Practice Group serves clients from all areas of business — from Fortune 500 companies to mid‑size and small employers. Our attorneys supplement the work of in‑house counsel employed by large companies, and we handle all aspects of the legal process for small companies. Clients include banking and financial institutions, medical practices, boat builders, communications companies, construction companies, distributors, educational institutions, food service companies, insurance companies, manufacturers, nonprofit organizations, public utilities, publishers, retailers, state and local governments, and technology companies.

Ward and Smith, P.A.'s Elder Law Practice Group provides counsel on matters relating to guardianships, estate administration, estate planning, wills and trusts, health care planning, Medicare/Medicaid planning, elder rights, and special needs trusts. Our attorneys keep current on new laws and regulations that are relevant to this special population. We advocate for the rights of our senior clients and address the legal needs of spouses, children, parents, and extended family members. Our attorneys belong to many organizations relating to their practice areas and are members of numerous professional organizations such as the American Bar Association (Real Property, Trust and Estate Law Section), the East Carolina Estate Planning Council, the National Academy of Elder Law Attorneys, the New Hanover County Estate Planning Council, and the North Carolina Bar Association (Estate Planning & Fiduciary Law Section and Elder & Special Needs Law Section).

Over the past 20 years, estate planning attorneys have received an increasing number of requests for assistance with Elder Law matters such as long‑term care planning and guardianships. As a result, some estate planners began to develop an expertise in Elder Law. Ward and Smith, P.A. has provided legal advice relating to Elder Law issues for a number of years and officially formed the Elder Law Practice Group several years ago. To illustrate the importance of this practice area, one attorney in this Practice Group has become a Certified Elder Law Attorney and an Elder Law Specialist certified by the North Carolina State Bar.

ELDER LAW

Gregory T. Peacock – GREGORY T. PEACOCKPRACTICE GROUP LEADER

ASHEVILLE METROPOLITAN AREALitigation – Land Use & Zoning

RALEIGH METROPOLITAN AREA (INCLUDES GREENVILLE)Bankruptcy and Creditor and Debtor Rights / Insolvency and Reorganization LawCommercial LitigationEmployment Law – ManagementLabor Law – ManagementLitigation – BankruptcyMedical Malpractice Law – PlaintiffsPersonal Injury Litigation – PlaintiffsTrusts & Estates Law

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Ward and Smith, P.A. was recognized in 2013 as a "Best Law Firm" by U.S. News & World Report and Best Lawyers®. The "Best Law Firms" rankings provides a comprehensive view of the U.S. legal profession that is unprecedented both in the range of firms represented and in the range of qualitative and quantitative data used to develop the rankings. Once again, Ward and Smith received the highest metropolitan tier rankings in multiple categories. The 2013 edition of these rankings features law firms that consistently have been given impressive performance ratings by clients and peers. Achieving a high ranking is a special distinction that signals a unique combination of excellence and breadth of expertise. Firms with offices in the identified "metropolitan areas" and with the highest overall scores are included on the metropolitan area lists. For ranking purposes, U.S. News and Best Lawyers® incorporated Greenville into the Raleigh metropolitan area and New Bern into the Wilmington metropolitan area. Ward and Smith's metropolitan area offices are Asheville, Raleigh, and Wilmington. The Firm's First‑Tier rankings in each metropolitan area for 2013 are:

WILMINGTON METROPOLITAN AREA (INCLUDES NEW BERN)Commercial LitigationCorporate LawEnvironmental LawHealth Care LawInternational Trade and Finance LawLand Use & Zoning LawLitigation – ConstructionLitigation – Eminent Domain & CondemnationLitigation – EnvironmentalLitigation – Intellectual PropertyLitigation – Trusts & EstatesPersonal Injury Litigation – PlaintiffsReal Estate LawTrusts & Estates Law

WARD AND SMITH, P.A. Receives Best Law Firm Rankings

– DEREK J. ALLENPRACTICE GROUP LEADER

The Alcoholic Beverage Law Practice Group was formed in response to client needs, primarily driven by the craft brewing explosion in North Carolina. While the Practice Group includes attorneys from all five offices, it started in Asheville which consistently has been recognized on a national level as an epicenter for craft brewing. The Practice Group has used its experience with breweries, both large and small, to expand its services to other areas including distributorships, distilleries, wineries, and hospitality.

Derek J. Allen

Our Alcoholic Beverage Law Practice Group assists the craft brewery, winery, and distilled spirits industries in understanding and complying with the complex rules and regulations enforced by the following agencies:

• Alcohol Tobacco Tax and Trade Bureau (TTB)• Federal Trade Commission (FTC)• Internal Revenue Service (IRS)• North Carolina Alcohol Law Enforcement (ALE)• North Carolina Alcoholic Beverage Control Commission • North Carolina Department of Revenue (DOR)• U.S. Food and Drug Administration (FDA)

The Alcoholic Beverage Law Practice Group also has the knowledge and ability to assist clients with the following:

• Brewing or distilling operations;• Entity formation, capital fundraising, operational agreements, starting a business,

and mergers and acquisitions;• Equipment purchasing and warranties, contract brewing, alternating proprietorships,

and ground and equipment leases;• Labeling compliance, Certificates of Label Approval, submission, advertising, intellectual

property protection, and warehouse and distribution agreements;• Local zoning, health department, water district, and licensing matters;• Packaging and selling;• Permitting; and,• Protecting formulas, recipes, and trade secrets.

Ward and Smith, P.A. is a member of the Brewers Association and the North Carolina Brewers Guild. The attorneys in this Practice Group also are members of numerous legal organizations, including the American and North Carolina Bar Associations.

ALCOHOLICBEVERAGE LAW

On November 25, 2013, the first class of Trademark Law Specialists was certified by the North Carolina State Bar Board of Legal Specialization. Angela P. Doughty, an Intellectual Property attorney, was a member of this class and now is a Legal Specialist in Trademark Law. The North Carolina State Bar is the first in the United States to offer the Trademark Law Specialization certification. This new specialization serves to identify and distinguish attorneys who have demonstrated substantial and proficient knowledge, skill, and experience in the area of trademark law. Angela also is one of seven attorneys appointed by the North Carolina State Bar Board of Legal Specialization to serve on the Trademark Law Specialization Committee. This Committee reviews all specialization applications and drafts and grades the annual specialization exam. The North Carolina State Bar certifies attorneys as specialists in designated practice areas as a service to the public by identifying attorneys who have demonstrated special knowledge, skill, and proficiency in certain areas of practice. The program also gives attorneys a credible way of making their expertise known to the public and other attorneys. To be certified as a specialist in a practice area, attorneys must have been in practice for at least five years, have devoted a significant part of their practice to the specialty area, attend continuing legal education seminars in the specialty, be favorably evaluated by other attorneys and judges (peer review), and pass a written examination in the specialty practice area. John M. Martin, a Family Law attorney, was certified as a Legal Specialist in Family Law on November 25, 2013. In 2013, Vicki L. Spillane, Ward and Smith, P.A.'s Litigation Technology Specialist, also became a Certified E‑Discovery Specialist ("CEDS"). She is among the select first group of e‑discovery professionals to pass the rigorous CEDS certification examination. The CEDS certification is compelling evidence that specialists are competent and knowledgeable in e‑discovery regardless of their professional specialization — whether they are attorneys, litigation support staff, records managers, information technology (IT) specialists, technology officials, court personnel, paralegals, or consultants. The certification is an assurance to employers, colleagues, and clients that the CEDS professional is serious about efficiency, cost‑effectiveness, and risk reduction in all phases of e‑discovery.

WARD AND SMITH, P.A. Recognizes Success

J. DRAKE BRINKLEY (DRAKE)Greenville Office – Real Estate

J. Drake Brinkley's practice includes a variety of commercial real estate matters. He represents clients in the preparation and negotiation of purchase and sale agreements, loan agreements, leases, and commercial development matters. Drake has a background in civil engineering which allows him to provide practical assistance to clients throughout real estate transactions. He is an accredited Leadership in Energy and Environmental Design associate with a specialty in the design and construction phases of green building (LEED AP BD+C). Drake also focuses a portion of his practice in the area of corporate law. Drake assists clients throughout the lifecycle of a business, from entity selection (limited liability companies, corporations, and partnerships) and organizational issues (operating agreements and shareholder agreements) to assisting clients with mergers, acquisitions, and company divestitures. Drake received his law degree from Campbell Law School. After living in Raleigh for more than 10 years, Drake and his wife, Allison, moved to Greenville. He proudly supports his undergraduate alma mater, North Carolina State University. In addition to cheering on the Wolfpack, Drake enjoys fishing, travel, and spending time with family.

VIRGINIA S. CARTERWilmington Office – Trusts and Estates Virginia S. Carter practices in the area of estate planning and estate administration. She also represents clients in long‑term care planning and guardianship matters. Virginia's practice experience also includes a wide range of business law matters and corporate transactions, including advising sponsors of, and investors in, private investment funds. Virginia earned her law degree with high honors from Duke University Law School. Prior to joining Ward and Smith, P.A., she practiced law under the bright lights of New York, New York. Her hobbies include reading, cooking, yoga, and gardening. She still enjoys vacationing in her hometown of Mobile, Alabama.

NEW ATTORNEYS IN 2013

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Virginia and her husband, Oliver

– ALEX C. DALEPRACTICE GROUP LEADER

With community association clients from the mountains to the coast, the structure of our Community Associations Practice Group enables us to put the best attorney in place to help a client, regardless of the client's location in the state. We stay up‑to‑date on the law impacting community associations through monthly meetings designed to cover changes in the law and new cases impacting community associations. The varied backgrounds and practice specialties of the attorneys in our Practice Group make Ward and Smith, P.A. uniquely equipped to handle all issues that a community association may face.

Alex C. Dale

Ward and Smith, P.A.'s Community Associations Practice Group represents owners' associations in condominium, townhome, and single‑family communities in addition to commercial and business communities such as retail shopping centers, parking lots, wet and dry boat slip condominiums, yacht clubs, and other mixed use communities. Our mission is to give experienced counsel and clear advice to boards of directors for the proper governance and administration of community associations, with the underlying goals of protecting and enhancing property values and quality of life in communities for the long term. Attorneys in our Community Associations Practice Group draft association documents; review and interpret association documents; prepare collections assessment policies and procedures; and provide assistance in the enforcement of rules, covenants, and restrictions. We regularly counsel boards of directors regarding the performance of their obligations and duties arising under association documents and applicable regulatory and statutory provisions, and advise them on matters of administration and governance of their associations and the communities. Our services include meeting with new boards and directors to help them understand their legal responsibilities in the discharge of their duties, their potential liabilities, and their relationship to the members of the association. Other services we regularly provide include resolution of construction, insurance, contract, and leasing issues, as well as the negotiation and preparation of contracts with various types of entities. The Practice Group also assists clients in complying with state and federal laws such as the Fair Debt Collection Practices Act, the North Carolina Condominium Act, the North Carolina Nonprofit Corporation Act, the North Carolina Planned Community Act, and the North Carolina Unit Ownership Act. As part of a full‑service law firm, attorneys in the Community Associations Practice Group draw on the experience of attorneys in other practice groups within the Firm to ensure that clients' needs are met. Attorneys in our Business, Creditors' Rights, Labor and Employment, Litigation, and Real Estate Practice Groups are consulted as needed to provide services to our association clients.

COMMUNITYASSOCIATIONS

WARD AND SMITH, P.A. IS SOCIALBy Shannon E. Lanier, Communications Coordinator

The world continues its transition from silos separated by time and place to a vast, interconnected web of social interactions happening at the tap of a smart phone. Ward and Smith, P.A. is embracing this shift. In 2013, we embarked on a strategy to integrate social media as a means to connect, share, and engage with more than 70% of adults in the United States who utilize platforms such as Facebook®, LinkedIn®, Twitter®, and YouTube®. In addition to more traditional means of communication and relationship development that we continue to employ, we now have tools that allow us to instantly update our social media communities on the latest legal developments that impact both their businesses and their personal lives. During this sharing process, we also learn

from our communities about their interests and needs. In addition to the Firm's efforts, we have several attorneys who maintain their own presence on social media on behalf of their particular practice areas:

• When it was time to launch the newly‑formed Alcoholic Beverage Law Practice Group, Derek J. Allen and Hayley R. Wells used Twitter® to interact with the active craft beer community;

• Adam M. Beaudoin and Alex C. Dale, Community Associations Practice Group attorneys, created a YouTube® video series to address hot topics in this area of the law;

• Matthew A. Cordell, a Business Practice Group attorney, maintains two blogs, The Business and Banking Law Blog and The North Carolina Privacy and Information Security Law Blog. He uses Facebook®, LinkedIn®, and Twitter® to share his posts; and,

• Attorneys in our Labor and Employment Practice Group frequently post to their blog covering employment issues that affect North Carolina companies and their employees, which they then share with their networks.

Social media serves as a platform for us to demonstrate our dedication to sharing legal knowledge for the betterment of our clients and the communities we serve.

Follow Ward and Smith on G+®, Facebook®, LinkedIn®, Twitter®, and YouTube®.

Ward and Smith, P.A.'s Business Practice Group provides clients with services that range from starting a business and handling daily legal concerns to dealing with complex matters such as mergers, acquisitions, and sales of businesses. Our attorneys offer substantial knowledge and experience in:

• Assisting with risk management issues including internal and external policies and relationships between business parties;

• Developing and administering executive compensation and other benefit plans; • Financing and secured transactions; • Handling major structural changes such as acquisitions, mergers, reorganizations,

liquidations, separations, asset purchases, and dissolutions;• Negotiating, drafting, and administering contracts and agreements; • Structuring business entities; • Structuring relationships within businesses involving directors, officers, fiduciaries,

partners, and general managers; and,• Tax planning.

The Business Practice Group represents individuals and all types and sizes of associations, businesses, and proprietorships and serves local, regional, national, and international clients. As a full‑service law firm, our resources reach beyond business issues to meet all of our clients' requirements.

BUSINESSLAW

– MERRILL G. JONES, IIPRACTICE GROUP LEADER

As a largely business‑oriented law firm, our Business Practice Group plays a vital role in serving most of the companies represented by our Firm. Whether it is handling the day‑to‑day business and transactional needs of our clients or serving in the role of general counsel to coordinate the services of other practice groups of our Firm, we enjoy being a part of the team of trusted advisors for each of our clients.

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Merrill G. Jones, II

I like the unexpected. You know, the preparation for trial is rigorous. I think I always over‑prepared, but when you actually get in the courtroom, once that moment passes, if you did not object and then the next question is asked, it's too late. Time is marching on, so you've got to focus like a laser and be on your toes and do it in that moment or else it's too late.

Kenneth R. Wooten

– KENNETH R. WOOTEN

A MATTER OF LITIGATION AND DEDICATION

From a classroom comedian to a courtroom ace and Co‑Managing Director of Ward and Smith, P.A., Kenneth R. Wooten has spent much of his legal career practicing in the areas of construction litigation, business litigation, and commercial litigation. Known as much for his easygoing style as his whip‑sharp

legal talent, Ken personifies the work ethic and solid dedication to the law that exemplifies Ward and Smith. Born in Pinetops, North Carolina, and raised in the small Northampton County community of Rich Square, Ken was a lively child whose first grade teacher once grew so weary of his incessant talking that she hurled an eraser at him. Parental intervention stopped the eraser throwing, but not Ken's penchant for verbal expression. He was just a third‑grader when someone told him he should be an attorney. Planning to become a doctor, he was accepted at North Carolina State University ("NCSU") in pre‑med, but shortly realized he would not be able to pass the science curriculum. He asked to switch to pre‑law. Since NCSU had no pre‑law curriculum, Ken studied politics and earned his Bachelor of Arts degree. It was a natural fit. "I think I had the talking down," Ken says good‑naturedly. "But at that time, my view of attorneys was shaped solely by the one or two in Rich Square." Ken married his wife, Jane, in 1975 during his senior year at NCSU. She landed a job in the accounting department of Martin Marietta which, as Ken recalls, "put me through that last year at State and then law school." Ken worked his last semester at NCSU in the North Carolina Supreme Court library. The librarian notified all of the Justices that when they were not there, Ken would update the books on their shelves. Shortly afterward, he received an invitation to visit Justice J. William Copeland, who lived in Murfreesboro. At their very first meeting, Judge Copeland told Ken that if he did well in law school, he could come back and clerk for him. Ken worked at the Supreme Court library the summer before law school and the summer after his first year. After his second year of law school, he worked for Jack Crawley in the criminal division of the U.S. Attorney's office. He spent the next summer studying for the bar exam. Briefly during his last semester in law school, he worked for a Cary‑based law firm where he assisted on a case involving a terminated employee who sued for reinstatement in former Governor Jim Hunt's administration. Then he found his way to Ward and Smith. In the spring of Ken's second year of law school, Joe Austin asked him if he had a job or had started thinking about one. Joe conveyed that Ward and Smith preferred to interview potential candidates in the spring of their second year because they wanted them to come to New Bern during the summer. Ken took that interview with Ward and Smith and told his interviewers about his plans to clerk with Justice Copeland. The next fall after graduation, he was clerking in the Justice Building when Troy Smith paid him a visit. "I had a huge red shag carpet with the wolf head and NCSU on it. And he had to sit there and look at that shag carpet when he offered me the job which, of course, I immediately accepted." He took the job and never looked back. What impressed Ken about Ward and Smith was the Firm's "hard‑driving" dedication to practicing law juxtaposed against the down‑to‑earth attitudes and easygoing personalities of its attorneys. He found his place on the team handling various types of litigation in a skillful and methodical manner.

By Courtenay Lane Morgan, Director of Marketing

A defining case for Ken was a personal injury matter in which he defended Senator B. Everett Jordan's granddaughter against a Canadian newspaper owner and Ocracoke businessman. The plaintiff represented himself. The plaintiff had been on his way to work when Ken's client rear‑ended him, resulting in a broken shoulder. The plaintiff was airlifted to the hospital in Elizabeth City. During the course of discovery, the plaintiff disclosed a medical opinion that he had sustained 5 percent disability to his shoulder because he no longer had full range of motion. When the doctor who rendered the opinion testified at the trial, United States District Court Judge Earl Britt stopped the trial and said he knew Ken was going to cross‑examine the doctor on the fact that he had never met the plaintiff before and had based his 5 percent opinion on only the medical records. So Judge Britt recessed the trial to allow the doctor to conduct a medical examination in the Judge's chambers. The doctor later returned to the stand with an opinion that the plaintiff's disability had increased from 5 percent to 20 percent on the basis that the plaintiff not only could no longer lift his shoulder, but also could not lift his arm over his head. On cross‑examination, the plaintiff asserted that in Canada, physical therapists are full‑fledged doctors who put him in traction when he was in the hospital. Ken explains, "I kept playing Colombo, saying that I didn't know what that meant, could he please describe it for me. After several reiterations, he started describing the traction as being overhead in the bed and you had to reach up and finally he reached way up with both arms high above his shoulders. Judge Britt turned beet red and several of the jurors laughed out loud." Ken says, "I like the unexpected. You know, the preparation for trial is rigorous. I think I always over‑prepared, but when you actually get in the courtroom, once that moment passes, if you did not object and then the next question is asked, it's too late. Time is marching on, so you've got to focus like a laser and be on your toes and do it in that moment or else it's too late." Civic involvement is important and rewarding to him. Ken has enjoyed a long association with the Civitans, having served as District Governor, spearheading a strategic plan that stemmed the tide of declining membership. He also is a former board member of the Salvation Army and continues to support the organization. Professional and community‑related accomplishments aside, Ken considers his highest achievement to be his family. He and Jane have three children and four grandchildren, with a fifth due in July. Church also has played a significant role in Ken's life. A member of Temple Baptist Church since 2000, Ken served on the long‑range planning team that located the property and oversaw the design and construction of the present facility. He has also served as a past deacon. What is a totally unexpected thing about this eastern North Carolina legal eagle and family man who admittedly isn't full of surprises? He's a vegan! That's right. No dairy. No meat. No eggs. His wife would want him to credit Dr. Joel Fuhrman, a specialist in nutritional medicine and best‑selling author who coined the term "nutritarian" rather than "vegan" to describe his recommended diet of micronutrient rich foods. But the diet IS vegan, insists Ken, because of the lack of dairy and meat. "Jane started me on it as soon as I got out of the hospital in 2011 after a near death experience from septic shock. Since she saved my life by yelling at the hospital staff to do something to help me after I lost consciousness, I felt I better do what she said about the diet. I also plan to run in the 'Step On Sepsis' 5K road race in honor of Jane saving my life and to help raise awareness of sepsis among medical professionals and lay people." One gets the impression that this born‑and‑bred Southern gentleman wouldn't mind sneaking the occasional ham biscuit or barbecue sandwich, but if anyone can argue the case for living healthy and enjoying life, Ken Wooten can.

– MATTHEW A. CORDELLPRACTICE GROUP LEADER

For many years, Ward and Smith, P.A. attorneys have been advising and representing clients on a wide range of issues relating to privacy and information security, although we have referred to those matters by different names such as financial institutions law, employment law, or commercial litigation. Over time, we have learned that many people, including our clients, have begun referring to some or all of these matters as privacy law and information security law. Establishing our Privacy and Information Security Law Practice Group has enabled us to communicate our capabilities to clients and prospective clients more effectively and to enhance coordination among ourselves. Ultimately, this allows us to better serve our clients through a more seamless, cross‑disciplinary approach to these issues.

Matthew A. Cordell

The ability to collect, use, and share customer information has become increasingly important to all kinds of businesses and we understand that, in many cases, it is absolutely critical to business success. In recent years, however, legislation, regulations, and civil lawsuits have collectively resulted in significantly greater compliance obligations and dramatically higher risks associated with handling customer or employee information. The members of Ward and Smith, P.A.'s Privacy and Information Security Law Practice Group are dedicated to helping our clients reach practical solutions to business needs while navigating legal obligations and managing risk. Privacy and information security issues arise in a number of contexts with which our team has knowledge and experience, including the following:

• Credit reporting laws and other "background check" laws, including the Fair Credit Reporting Act;• E‑commerce requirements, including the Payment Card Industry Data Security Standard (PCI‑DSS);• Educational privacy, including the Federal Education Rights Privacy Act (FERPA); • Electronic signatures and records, including the Electronic Signatures in Global and National Commerce

Act (E‑SIGN Act) and the Uniform Electronic Transactions Act (UETA);• Email marketing including the CAN‑SPAM Act;• Financial privacy, including the Gramm‑Leach‑Bliley Act, the Financial Privacy Act, the Bank Secrecy

Act, and other federal and state financial institution laws;• Health information privacy, including HIPAA and HITECH;• Identity theft laws, including the North Carolina Identity Theft Protection Act and the Federal Trade

Commission's "Red Flags" regulations;• Password theft, hacking, and wiretapping, including the Stored Communications Act, the Wiretap Act,

and other anti‑interception laws; • Social media policies for employers and employees;• Trade secrets;• Unauthorized transactions and funds transfers, including the Electronic Funds Transfer Act and

Regulation E, as well as the Uniform Commercial Code; and,• Website privacy policies and practices, including the Children’s Online Privacy Protection Act (COPPA).

The legal issues surrounding privacy and information security form a patchwork of laws rather than any single, cohesive body of law. Members of our Privacy and Information Security Law Practice Group have decades of experience advising financial institutions, health care providers, employers, and many other businesses and government entities regarding privacy and security issues, and have authored numerous presentations and manuscripts on these and related topics.

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PRIVACY ANDINFORMATIONSECURITY LAW

– LYNWOOD P. EVANSPRACTICE GROUP LEADER

The Personal Injury and Wrongful Death Practice Group was formed as an outgrowth of the Firm's broader mission to be a full‑service law firm committed to building and maintaining relationships with our clients. We recognized that our business clients had individual needs as well. While no one plans for needing, or wants to need, a personal injury or malpractice attorney, if the need arises, our clients can be reassured that they will be able to rely on the same team of advisors and advocates they have come to know and trust for their other legal needs. When someone is severely injured or killed, lives are turned upside down, financial burdens arise, and a landscape of confusing and stressful issues appears. For more than 20 years, Ward and Smith, P.A. has been there to help its clients navigate those difficult matters. True to the Firm's team approach, the Personal Injury and Wrongful Death Practice Group pulls resources from across the Firm to handle all issues that may arise – from estate work to special needs trusts to litigation.

Lynwood P. Evans

Ward and Smith, P.A.'s Personal Injury and Wrongful Death Practice Group represents seriously injured persons and families who have lost loved ones (wrongful death) in a range of cases involving automobile, truck, motorcycle, and tractor‑trailer accidents, aviation accidents, medical malpractice, boating and maritime accidents, product liability, railroad crossing collisions, and slip and fall accidents. Our attorneys have recovered compensation for our clients in hundreds of cases, with many of the verdicts and settlements in the millions of dollars. Our team of attorneys has substantial experience in these areas. Our attorneys also are involved in matters which are the result of medical malpractice caused by the negligence or fault of doctors, nurses, hospitals, clinics, nursing homes, and other health care providers. Types of cases we have successfully prosecuted include:

• Adults and children with catastrophic brain injuries or who have died from anesthesia mishaps; • Children suffering brain or nerve damage from trauma during birth; • Death or serious injury caused by failure to diagnose and properly treat illnesses and infections; • Failure of doctors in emergency rooms and elsewhere to diagnose an impending heart attack or

stroke; • Infants injured in neonatal care units and children injured in other areas of hospitals; • Injuries from improper prenatal care; • Other cases related to angioplasty, prescription of drugs, pathology, radiology, emergency medicine,

orthopedics, and internal medicine; • Spinal cord injuries and other nerve damage related to care by neurosurgeons; and,• Women with advanced breast cancer as a result of misdiagnoses by radiologists in reading mammograms

or as a result of substandard care by surgeons and other doctors.

Attorneys in the Personal Injury and Wrongful Death Practice Group have been involved in a number of cases involving residents who have died or have received serious injuries as a result of the negligence of nursing home and rest home personnel. Types of cases we have successfully prosecuted include:

• Residents who died from overmedication; • Residents who wandered off and died from exposure to the elements; • Residents who were injured by or who died from assault by employees or other residents; • Residents who were injured from mistreatment and neglect by staff; and,• Residents who were struck by motor vehicles or who drowned.

We also address all issues related to the representation of our clients in personal injury and wrongful death cases. For example, in a wrongful death case, not only do our attorneys handle the litigation, but we also handle the estate administration. In cases involving serious injury, we assist clients in dealing with health insurance claims and eligibility for Medicare. We also assist in dealing with funeral homes and property damage claims.

PERSONAL INJURY AND WRONGFUL DEATH

– ANGIE D. HARRISDIRECTOR OF GOVERNMENT AND MEDIA RELATIONS

The Economic Development Practice Group emphasizes Ward and Smith P.A.'s long‑standing assistance in helping companies to expand and locate in North Carolina. This Practice Group emphasizes and provides the services growing companies need — from tax and real estate issues to environmental permitting to assistance with state and local incentives. We work with state, local, and regional developers — and directly with companies — to provide the legal and government relations assistance companies need to increase investment and jobs.

ECONOMIC DEVELOPMENT

Members of Ward and Smith, P.A.'s Economic Development Practice Group have spent many years working with clients to expand and locate new companies and operations in North Carolina. Our team includes one member who worked in the North Carolina Department of Commerce helping companies with government and communications issues. This team member also worked closely with companies on state and local incentive packages and with local communities as they worked with the companies and prepared for public announcements. Other team members have spent years working with clients in every aspect of doing business in the state, including, without limitation, business litigation, banking, business and commercial law, developing and executing contracts, and dealing with environmental issues at the local, state, and federal levels. Our team's experience includes the following:

• Addressing zoning and entitlement issues at city and county levels;• Administering community college training grants for training new employees;• Assisting a globally‑renowned small engine company to expand its operations in North Carolina;• Assisting in site selection and location;• Coordinating city, county, and state incentives, including North Carolina Job Development Grants and

tax rebates; • Coordinating economic incentives at the city, county, and state level for two textile‑related manufacturing

operations;• Creating a comprehensive military‑related economic development plan;• Managing roadway, driveway, and bridge improvements through state and local transportation authorities;• Negotiating contracts related to transportation improvement incentives for a home appliance

manufacturer;• Negotiating water and sewer access and upgrades with city and regional water authorities;• Recruiting companies for industrial parks by working with city, county, and regional economic

developers; and, • Working with an Israeli company to locate its U.S. headquarters in North Carolina.

In addition to government relations, our team has experience in agribusiness, alcoholic beverage, environmental, financial transactions, health care, intellectual property, labor and employment, real estate, tax, technology, and zoning and land use planning matters.

Angie D. Harris

Over the years, Ward and Smith, P.A.'s attorneys regularly receive the highest ratings available by the most recognized legal rating authorities. These honored attorneys were acknowledged in the following publications:

• The 2013 edition of The Best Lawyers in America®; • The January 2013 "Legal Elite" issue of Business North Carolina; and, • The February 2013 issue of North Carolina Super Lawyers.1

We are proud of their accomplishments and recognize that they are the result of their dedication to quality, responsiveness, and the practice of law. Thirty‑three lawyers from Ward and Smith were selected by their peers for inclusion in The Best Lawyers in America® 2013. Since its inception in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence in the United States. The 2013 Best Lawyers® list is based on a rigorous national survey involving more than 4 million detailed evaluations of lawyers by other lawyers and, because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers® is considered a singular honor. Ward and Smith attorneys recognized as 2013 Best Lawyers® are:

ASHEVILLEDerek J. Allen (2009) Land Use and Zoning Law

Litigation – Land Use and Zoning

Michael L. Miller (1995)Arbitration Employee Benefits (ERISA) Law Mediation Tax Law

Trusts and Estates

GREENVILLEA. Charles Ellis (1995)Medical Malpractice Law – Plaintiffs

Personal Injury Litigation – Plaintiffs

Lynwood P. Evans* Medical Malpractice Law – Plaintiffs

Paul A. Fanning (2011) Banking and Finance LawBankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

Litigation – Bankruptcy

Merrill G. Jones, II* Commercial Litigation

John M. Martin (1995) Personal Injury Litigation – Plaintiffs

NEW BERNJames Lee Davis (1993)Real Estate Law

William S. Durr* Family Law

Donalt J. Eglinton (2009)Commercial LitigationCopyright Law Litigation – ConstructionLitigation – Intellectual PropertyLitigation – PatentPatent LawTrademark Law**

Michael P. Flanagan (1995)Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law

Litigation – Bankruptcy

S. McKinley Gray, III (2009) Litigation – Labor & Employment**Workers' Compensation Law – Employers

WARD AND SMITH, P.A. ATTORNEYS Across Practice Groups Recognized for Achievements

(Year) First year the lawyer was listed. (*) Lawyers who are listed for the first time in Best Lawyers.(**) First time the lawyer was recognized in this category.

Continued on next page.

1 Please see the following websites for an explanation of the membership standards for the recognitions listed above: www.bestlawyers.com; www.businessnc.com/legalelite; and www.superlawyers.com/north‑carolina.

22

William R. Lathan (2005)Banking and Finance Law

Financial Services Regulation Law

William E. Martin* Real Estate Law

E. Eric Mills (2012) Copyright Law

Gregory T. Peacock (2010) Litigation – Trusts and Estates

Trusts and Estates

C. H. Pope, Jr. (1995) Land Use and Zoning LawReal Estate Law

Timber Law

E. Knox Proctor V (2010) Administrative / Regulatory LawBanking and Finance LawCorporate Law**

Financial Services Regulation Law

Clint D. Routson (2005) Real Estate Law

Frank H. Sheffield, Jr. (1995) Environmental Law

Litigation – Environmental

J. Troy Smith, Jr. (1987)Bet-the-Company Litigation Commercial Litigation

Corporate Law

David L. Ward, Jr. (1983)Banking and Finance LawCorporate LawFinancial Services Regulation Law International Trade and Finance Law

Litigation – Antitrust

Leigh A. Wilkinson (2010)Health Care Law

A. Rexford Willis, III (2012) Corporate Law

Tax Law

Kenneth R. Wooten (2005) Bet-the-Company Litigation Commercial Litigation

Litigation – Construction

RALEIGHWilliam Joseph Austin, Jr. (2009) Employment Law – Management Labor Law – Management

Workers' Compensation Law – Employers

Albert R. Bell, Jr. (1995)Employment Law – Management

Labor Law – Management

Stuart B. Dorsett (2001)Trusts and Estates

Gary J. Rickner (1995) Bet-the-Company LitigationCommercial LitigationPersonal Injury Litigation –

Defendants

James F. Verdonik (1995) Corporate Law

Technology Law

WILMINGTONThomas S. Babel* Commercial Litigation

Jenna Fruechtenicht Butler (2010) Commercial LitigationLitigation – Securities**Litigation – Trusts and Estates**

Personal Injury Litigation – Plaintiffs

Ryal W. Tayloe (2009) Bet-the-Company LitigationLitigation – ConstructionLitigation – Real Estate

(Year) First year the lawyer was listed. (*) Lawyers who are listed for the first time in Best Lawyers.(**) First time the lawyer was recognized in this category.

ATTORNEYS RECOGNIZED FOR ACHIEVEMENTS

Continued on next page.

Derek J. Allen Real Estate

William Joseph Austin, Jr. Employment

Adam M. Beaudoin Business

Albert R. Bell, Jr.Employment

Matthew A. CordellYoung Guns

Stuart B. DorsettTax and Estate Planning

Angela P. DoughtyBusiness

Donalt J. EglintonLitigation

A. Charles Ellis Litigation

E. Bradley Evans Litigation

Paul A. FanningBankruptcy

Michael P. FlanaganBankruptcy

S. McKinley Gray, IIIEmployment

Rendi L. Mann-StadtEmployment

Lance P. MartinBankruptcy

Michael L. MillerTax and Estate Planning

Gregory T. PeacockTax and Estate Planning

C. H. Pope, Jr.Real Estate

The three attorneys included in the Legal Elite Hall of Fame are James E. Creekman in the category of Corporate Counsel, E. Eric Mills in the category of Intellectual Property, and David L. Ward, Jr. in the category of Corporate Counsel.

Eighteen of our attorneys were recognized as 2013 "Super Lawyers" or "Rising Stars" by the publishers of Law & Politics magazine. The selection process is multi‑phased and includes independent research, peer nominations, and peer evaluations. Only 5 percent of North Carolina attorneys are included in this prestigious group. The Ward and Smith attorneys selected as "Super Lawyers" and "Rising Stars" for 2013 are:

Albert R. Bell, Jr. Employment & Labor

Stuart B. DorsettEstate Planning & Probate

Donalt J. EglintonBusiness Litigation

A. Charles EllisPersonal Injury Plaintiff: General

Paul A. FanningBankruptcy & Creditor /

Debtor Rights

Michael P. FlanaganBanking

Samuel B. FranckReal Estate (Rising Star)

John M. MartinBusiness Litigation

Michael L. MillerEstate Planning & Probate

William A. Oden, IIIEmployment & Labor

(Rising Star)

Michael J. ParrishBusiness Litigation

(Rising Star)

Gary J. RicknerBusiness Litigation

Frank H. Sheffield, Jr.Environmental

Jason T. StricklandBusiness Litigation

(Rising Star)

Gary J. RicknerLitigation

Frank H. Sheffield, Jr.Environmental

John R. SloanTax and Estate Planning

J. Troy Smith, Jr.Business, Corporate

Kenneth R. WootenConstruction

Ryal W. TayloeConstruction Litigation

David L. Ward, Jr.Banking

Hayley R. WellsEmployment & Labor

(Rising Star)

Kenneth R. WootenBusiness Litigation

Twenty‑three of the Firm's attorneys were included in Business North Carolina's "Legal Elite" for 2013 and three attorneys continued to be included in the Legal Elite Hall of Fame. More than 20,000 ballots were sent to Tar Heel attorneys. The ballots asked only one question: "Whom would you rate among the current best in these categories?" Less than 3 percent of the state's attorneys were selected for this distinction. The Ward and Smith attorneys selected as 2013 "Legal Elite" are:

– J. MICHAEL FIELDSPRACTICE GROUP LEADER

The Health Care Practice Group is the legal team for health care providers and their businesses. Health care laws and regulations are complex and everchanging. Our attorneys stay informed about the latest developments, enabling us to quickly anticipate and respond to our clients' needs. It also allows our clients to concentrate their efforts on what they do best: providing quality health care services and products.

J. Michael Fields

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The attorneys in Ward and Smith, P.A.'s Health Care Practice Group serve all types of health care providers including hospitals, physicians, pharmacists, dentists, chiropractors, mid‑level providers, nurses, practice groups, home health agencies, ambulatory surgical facilities, diagnostic centers, medical billing companies, ambulance service providers, pharmacies, and skilled nursing facilities. These clients experience a continuous increase in the number and complexity of regulatory obligations with which they must comply. From antitrust and fraud and abuse issues to Medicare and Medicaid reimbursement compliance and patient privacy issues, health care providers bear national and state regulatory burdens — with no relief in sight. A number of federal laws apply to health care providers including the Affordable Care Act, the Anti‑Kickback Statute, the Emergency Medical Treatment and Active Labor Act ("EMTALA"), the Ethics in Patient Referrals Act (also known as the "Stark Law"), and the Health Insurance Portability and Accountability Act ("HIPAA"). The North Carolina Professional Corporation Act, the North Carolina Limited Liability Company Act, the Certificate of Need ("CON") law, and regulations issued by North Carolina licensing boards affect the operations of our health care clients. The attorneys in the Health Care Practice Group routinely deal with the regulatory agencies overseeing our clients including the Centers for Medicare & Medicaid Services, the North Carolina licensing boards, and the Office of Inspector General and the Office for Civil Rights of the U.S. Department of Health & Human Services. We regularly appear in administrative hearings before the North Carolina Medical Board and the North Carolina Board of Nursing, which have the authority to sanction physicians and nurses, respectively. We also appear in administrative hearings before the Office of Medicare Hearings and Appeals regarding Medicare overpayment appeals. Our attorneys often advise our clients on CON matters and obtain "no review" letters stating that our clients may proceed with their plans without the need for a CON. The Affordable Care Act delivered health care reform on a national level. Our health care attorneys guide health care providers and employers through this Act to plan for the future. Our services also include advice and counsel relating to:

• Billing and coding; • Consulting agreements; • Creditors' rights involving

collections and medical liens; • EMTALA; • Exclusive services contracts; • HIPAA; • Joint ventures; • Licensing;• Managed care agreements;

• Medical records; • Medical staff bylaws and privileges; • Occupational Safety and Health Administration

and Equal Employment Opportunity Commission regulations;

• Real estate acquisitions and transfers; • Taxes; • Third party reimbursement; and,• Wage and hour disputes.

HEALTH CARE

Best Lawyers®, the oldest and most respected peer‑review publication in the legal profession, named three Ward and Smith, P.A. attorneys as 2013 "Lawyers of the Year." Best Lawyers® designates "Lawyers of the Year" in high‑profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is honored as the "Lawyer of the Year." Ward and Smith attorneys recognized as 2013 "Lawyers of the Year" are:

Stuart B. Dorsett – Trusts and Estates

A. Charles Ellis – Personal Injury Litigation – Plaintiffs

C. H. Pope, Jr. – Land Use & Zoning Law

Stuart is leader of the Firm's Trusts and Estates Practice Group. His practice experience encompasses tax planning, estate planning, estate administration, and related services to individuals, charitable organizations, and foundations. Stuart's practice also involves tax and business succession planning for the owners of closely‑held businesses. He is certified by the North Carolina State Bar as a Board Certified Specialist in Estate Planning and Probate Law. Stuart is a Fellow of the American College of Trust and Estate Counsel and has been rated by his peers as being "preeminent" in his fields of law. Charles is one of the Firm's Co‑Managing Directors. His practice experience encompasses federal and state court litigation in various areas, including claims for wrongful death and serious personal injury. Charles also has litigated numerous cases involving complex insurance coverage issues, products liability, and professional malpractice. He has been rated by his peers as being "preeminent" in his fields of law. C. H. is leader of the Firm's Real Estate Practice Group. He has extensive experience in representing both entities and individuals in matters involving real estate and construction opportunities and issues. C. H. advises clients involved in the acquisition, financing, leasing, and sale of real estate and the construction of improvements. He also has extensive experience in guiding clients through the maze of governmental approval, zoning, and subdivision issues that surround the development and use of real estate. C. H. has been rated by his peers as being "preeminent" in his fields of law.

THREE WARD AND SMITH, P.A. ATTORNEYSChosen as 2013 "Lawyers of the Year"

C. JOSEPH DELPAPA (JOE)New Bern Office – Business

C. Joseph DelPapa's practice encompasses a broad range of business law and tax matters. As a fourth generation alumni, Joe graduated cum laude from the University of Florida Levin College of Law. He was born and raised in Raleigh and is enjoying life in eastern North Carolina. His favorite book is The Old Man and the Sea by Ernest Hemingway.

ANDREW R. SHORES (DREW)Raleigh Office – Intellectual Property Andrew R. Shores focuses his practice on intellectual property portfolios, including patents, copyrights, trade secrets, and trademarks. He also handles licensing agreements and litigates intellectual property infringement claims and contract disputes. Drew graduated summa cum laude from Campbell Law School. Outside of work, he enjoys golf, cheering on the University of Alabama football team, scuba diving, and travel. His favorite travel destination thus far is Iceland. He lists his highest achievement as defeating his wife, Rebecca (an English Ph.D. candidate at the University of North Carolina), in Scrabble.

NEW ATTORNEYS IN 2013

Joe and his girlfriend, Sarah

– E. KNOX PROCTOR VPRACTICE GROUP LEADER

Ward and Smith, P.A. is deeply involved in the banking industry and has a long history of representing banks and other financial institutions. Our Financial Institutions Practice Group regularly handles the corporate, regulatory, and securities issues faced by financial institutions. Some of our attorneys have served as general and in‑house counsel for major North Carolina financial institutions, and we are deeply connected with the banking industry and banking regulators. Our Firm has a unique ability to understand practical issues and provide practical solutions in a thorough, cost‑effective manner.

E. Knox Proctor V

The extensive experience and varied backgrounds of the attorneys in Ward and Smith, P.A.'s Financial Institutions Practice Group give us the ability to provide a broad range of services to our financial institutions clients. While the types of services we regularly provide vary from client to client, our full range of services is available to all. Some of the services we provide include:

• Designing and implementing stock option plans and other stock‑based, incentive, or deferred compensation plans for officers, directors, and employees;

• Drafting charter and bylaw amendments; • Handling matters relating to capital structure, including stock splits, stock dividends, and

compliance with regulatory capital requirements; • Handling mergers and acquisitions of financial institutions and purchases and sales of

branch offices; • Handling offers of equity, debt, and preferred trust securities, and other capital

formation transactions; and,• Reorganizing bank holding companies.

Other services we provide include:

• Advising on compliance with state and federal securities regulations, including reporting requirements applicable to stock ownership and transfers by insiders and other periodic reporting;

• Assisting with annual and special meetings of shareholders, including preparing and filing proxy statements, and conducting and documenting shareholder meetings;

• Interpreting state and federal banking and other regulations and advising on compliance matters;

• Structuring boards of directors and advising on the duties and responsibilities of corporate directors and officers; and,

• Structuring non‑deposit financial services, including security brokerage, "sweep" accounts, repurchase agreements, trust services, insurance sales, mortgage brokerage, and other such financial services.

FINANCIAL INSTITUTIONS

30

– WILLIAM JOSEPH AUSTIN, JR.PRACTICE GROUP LEADER

Representing educational institutions, individual educators, students, and their parents has been an integral part of Ward and Smith, P.A. for 50 years. Members of our Education Law Practice Group serve as counsel to an interstate vocational school, a private elementary and secondary school, a regional STEM high school, and four community colleges. We also serve as special labor and employment counsel to a charter school. One member of the Practice Group serves as a co‑editor of the North Carolina Bar Association Education Law Section newsletter. The Firm's intellectual property lawyers do double duty with the Education Law Practice Group, serving as counsel to several major research universities.

William Joseph Austin, Jr.

At Ward and Smith, P.A., we think every step of the education process is important – from prekindergarten to post‑doctoral. That's why we organized our Education Law Practice Group to provide expert advice and services to every aspect of public and private education, including:

The Firm's intellectual property attorneys also regularly provide a comprehensive array of legal services for the protection and exploitation of intellectual property to many well established and respected institutions of higher learning. Clients to whom we have provided intellectual property services include, among others:

Ward and Smith also serves private vocational schools. For these clients, we have:

• Assisted in the financial aid process from start to finish, including drafting and reviewing Financial Aid policies and procedures, providing advice on disbursement guidelines and school responsibilities, and advising on cash flow matters to meet the U.S. Department of Education's 90/10 rule applicable to forprofit institutions;

• Developed growth and expansion plans, financial reporting models, and other key operational decisions;• Established branch campus locations;• Interfaced with the U.S. Department of Education, state governing bodies, and other accreditation bodies to

obtain and maintain accreditation, build curriculum, and meet other state or federal education standards; • Negotiated with third party vendors for financial aid processing services, as well as admissions

outsourcing services;• Overseen conduct hearings with students; • Provided assistance in compensation studies to comply with wage and hour laws, Title VII, and the Equal Pay Act;• Provided representation at meetings of the boards of trustees and management committees; and, • Reviewed and updated bylaws, policies, and procedures to assure adherence to applicable laws and

regulations.

This Practice Group also has been called upon to assist with campus expansions, as well as the construction and maintenance of college buildings. Legal services in this area have included negotiating contracts, resolving construction disputes, and handling condemnation proceedings and other land acquisitions. Our representation has covered the broadest array of personnel issues, including disciplinary actions and appeals, immigration issues, and disputed cases before state and federal agencies and in all courts. Members of this Practice Group also have served as adjunct instructors in business and employment law courses. We have extensive experience representing individual educators, including faculty members, administrators, coaches, and athletic directors, as well as medical and dental school professors and department heads. Our service to individual educators covers the entire scope of the employment relationship, from reviewing employment agreements, to providing counsel on tenure matters, to negotiating severance agreements. The Firm also handles institutional due process issues in public education over a wide range of employment issues with public entities.

• Community colleges• Corporate training programs• Elementary and secondary education• Entrepreneur education programs

• Faculty and administrators• Private colleges• Professional continuing education• Research universities and spinoff companies

• Cape Fear Community College• Craven Community College • Davidson Community College• Indiana University

• The Johns Hopkins University• North Carolina State University• The University of North Carolina Wilmington

EDUCATION LAW

Ward and Smith, P.A. is staffed by dedicated, motivated, and loyal individuals who work closely together and with attorneys in all five offices. More than 160 staff members provide the foundation for our Firm, making it possible for our attorneys to deliver streamlined, cost‑efficient, and responsive service to our clients. In 2013, Co‑Managing Directors A. Charles Ellis and Kenneth R. Wooten honored the following members of our staff for their loyalty to Ward and Smith:

25 YEARSLola C. Fornes

20 YEARSStephanie C. Crosby Katherine B. PruittMaryjane M. Tharrett Tiffany M. Toler

15 YEARSDonna M. PriceLinda B. Spencer

10 YEARSGayle P. BlalockKristy W. Buck Alicia F. CoxJennifer B. DixonTeriann O. EubanksSusan B. EzellAnnemarie Loftus

RECOGNIZING DEDICATION TO THE FIRM

Derek J. Allen

Deborah B. Andrews

Lauren Taylor Arnette

William Joseph Austin, Jr.

Thomas S. Babel

Adam M. Beaudoin

Albert R. Bell, Jr.

J. Drake Brinkley

Jenna Fruechtenicht Butler

Virginia S. Carter

Mary V. Cavanagh

Jeffrey W. Childers, Ph.D.

M. Charles Cloninger

Matthew A. Cordell

James E. Creekman

Richard J. Crow

Alexander C. Dale

James Lee Davis

C. Joseph DelPapa

Eldridge D. Dodson

Stuart B. Dorsett

Angela P. Doughty

William S. Durr

Donalt J. Eglinton

A. Charles Ellis

Edward R. Ergenzinger, Ph.D.

E. Bradley Evans

Lynwood P. Evans

Paul A. Fanning

J. Michael Fields

Michael P. Flanagan

Samuel B. Franck

S. McKinley Gray, III

Lee C. Hodge

Merrill G. Jones, II

Deana A. Labriola

William R. Lathan, Jr.

Kimberly Elizabeth Lee

Norman J. Leonard

Justin M. Lewis

Katherine E. Lewis

Rendi L. Mann-Stadt

Cheryl A. Marteney

John M. Martin

Lance P. Martin

W. Daniel Martin, III

William E. Martin

Caroline B. McLean

Michael L. Miller

E. Eric Mills

James W. Norment

William A. Oden, III

Grant B. Osborne

Hugh R. Overholt

Michael J. Parrish

Jeannette A. Parrott

Clifford P. Parson

Gregory T. Peacock

Samuel H. Poole

C. H. Pope, Jr.

E. Knox Proctor V

Eric J. Remington

Gary J. Rickner

Clint D. Routson

Tyler J. Russell

Stanley M. Sams

Jeremy R. Sayre

Joseph A. Schouten

Frank H. Sheffield, Jr.

Andrew R. Shores

Ryan K. Simmons

John R. Sloan

J. Troy Smith, Jr.

H. L. Stephenson, III

Kyle R. Still

Jason T. Strickland

Thomas E. Stroud, Jr.

Ryal W. Tayloe

Matthew W. Thompson

Allen N. Trask, III

James F. Verdonik

Benjamin E. F. B. Waller

Amy P. Wang

David L. Ward, Jr.

Bridget L. Welborn

Hayley R. Wells

Leigh A. Wilkinson

Devon D. Williams

A. Rexford Willis, III

Jeremy M. Wilson

Margaret K. Winfield

William F. Wolcott, III

Kenneth R. Wooten

ATTORNEYS

ASHEVILLE82 Patton Avenue, Suite 300 (28801) Post Office Box 2020Asheville, NC 28802‑2020 P: 828.348.6070 F: 828.348.6077

NEW BERN1001 College Court (28562)Post Office Box 867 New Bern, NC 28563‑0867P: 252.672.5400 F: 252.672.5477

GREENVILLEPost Office Box 8088Greenville, NC 27835‑8088Overnight Delivery:120 West Fire Tower RoadWinterville, NC 28590P: 252.215.4000 F: 252.215.4077

800.998.1102www.wardandsmith.com

RALEIGHWade II, Suite 4005430 Wade Park Boulevard (27607)Post Office Box 33009Raleigh, NC 27636‑3009P: 919.277.9100 F: 919.277.9177

WILMINGTON127 Racine DriveUniversity Corporate Center (28403)Post Office Box 7068Wilmington, NC 28406‑7068P: 910.794.4800 F: 910.794.4877