Ward and Smith's 2020 Year in Review

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2020 Year in Review

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We are your established legal network with offices in Asheville, Greenville, New Bern, Raleigh, and Wilmington, NC.

LEADING OVER TROUBLED WATERS

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2020 Year in Review

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More than nine months ago, our community experienced a shut-down that was without equal, and we all began to fight a virus no one fully understood.

When we discussed putting together a “Year in Review” to tell the Ward and Smith story of 2020, we had mixed feelings about it.

On one hand, it was an absolutely dismal year. The pain we saw in our communities caused by economic hardship, closures, civil unrest, political divisions, fear, and illness was palpable and alienating.

Our clients felt it in terms of their customers; their suppliers; their decision-making about employees, masks, reopening, and loans; and whether they were “essential” under the government’s definition of essential businesses.

On the other hand, we witnessed an outpouring of teamwork, resilience, and support that lifted us all. At Ward and Smith, we’ve always said we were willing to go the extra mile for our clients.

That was on full display in 2020. Our team, from our most senior attorneys to our newest staff members, has shown a strength, flexibility, and sense of togetherness that has been remarkable and steadfast during these long months of COVID.

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Dorothea Dix Park in Raleigh

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We are incredibly thankful for that.

One of our first actions in March was to convene a COVID-19 Task Force to keep our clients up-to-date on business and employment issues related to the unfolding pandemic. We were cautiously optimistic then, hoping it would be a fleeting yet surreal footnote of 2020. Unfortunately, it has endured much longer than we hoped.

When we set up our Task Force, we had no idea it would produce thirty newsletters resulting in over 400,000 emails to our clients and friends.

Looking ahead, we are still facing fallout from the coronavirus.

Admittedly, we continue to face uncertainty as long as this virus is with us. But Ward and Smith has always devoted itself to helping its clients navigate uncertainty. And if 2020 has taught us anything, it’s that together, we can tackle all challenges yet to come. Our commitment to our clients, and to each other, will not waver. Let us know how we can help.

With best regards, Brad Evans

Devon Williams

Co-Managing Directors, Ward and Smith, P.A.

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Angela Doughty

Angela leads the firm’s Intellectual Property Practice and is also Ward and Smith’s Director of Legal Process

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

Management. She is responsible for moving the firm through the implementation of process improvement, design methodologies, and innovative technology.

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 technology, our processes, and our clients-first culture to “pivot” to serve our clients during 2020. e-Files Only: Ward and Smith has used a secure online platform for document management for years, and this year, during the middle of the pandemic, we converted to a 100% e-file system for all internal document management. This allows anyone in the firm to access whatever document is needed, reducing any inefficiency caused by lack of access to a physical file. If you wonder how we can pull something from five years ago so quickly, that’s how!

Webinars: Ward and Smith is known for our events. We put on several large conferences each year and enjoy seeing our construction, employer, closely-held business, and in-house counsel clients and friends. But 2020 put a stop to that, and we pivoted to the Zoom webinar. The firm has now hosted more than a dozen webinars on topics ranging from “Community Association’s Directors and Officers Coverage” to “How Cancel Culture Affects Corporate Counsel.”

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@wardandsmith

Virtual Court Representation: We also think of

due to flood damage in New Bern and hurricane

ourselves as a “high-touch, high-quality” firm,

damage in Wilmington, so our team’s processes

and prefer to meet with our clients, opposing

and secure IT solutions were already in place.

counsel, and judges in person. However, 2020

What we didn’t expect is how well our people

had other plans. We now have multiple dedicated

would respond to a long-term change in how

video rooms set up for court proceedings that

we operate. I tell people that I’m relieved and

are completely platform-agnostic and wired

thankful that we are able to be so flexible in how

for quality video, including backgrounds and

we deliver our services. We have some staff and

lighting, and quality sound. We can take care

attorneys who are fully remote, working from

of our client’s business virtually as needed or

their homes, or in some cases, in another state to

required by the relevant jurisdiction, via Zoom,

be closer to family.”

WebEx, Skype, Go To Meeting, Microsoft Teams, Google

Hangouts,

BlueJeans,

CourtCall,

or

Adobe Connect.

Brad continued, “We have some who are regularly coming into our offices, and following all of our strict mask and sanitization protocols. We have a

Online Services: This year, more than ever,

few who are bouncing back and forth depending

clients needed help over a screen-only interface.

on what they want to do, and how much they

Ward and Smith introduced four new services

miss seeing their colleagues.

offered online. We helped businesses determine whether they should take a Paycheck Protection Program (“PPP”) loan via our PPP Loan Maximizer; we offered an Online Liability Waiver Review for businesses operating during the pandemic; we created the “LGBTQ+ and EEO Handbook Policies Review,” a convenient and cost-efficient review of a company’s employee handbook and Equal Employment Opportunity statement

Co-Managing Director Devon Williams added, “It’s been amazing to see how adaptable our team can be, and now, how comfortable we are jumping into each other’s homes via our Zoom platform. In some ways, it’s easier to see people face to face because we’re a ‘camera-on’ workplace, and encourage our team members to check in with each other.”

related to nondiscrimination based on sexual

Devon closed our conversation about the

orientation and gender identity; and we offered

alignment of culture and technology with, “We

“The Essentials Package,” simple online wills and

joke that asking ‘How’s your mom doing?’ is

trust documents from Ward and Smith Board

the first sentence some of our attorneys ask in

Certified Specialists in Trust and Estate Law that

a meeting. But that sense of caring about each

go beyond any “do it yourself” kit.

other is what keeps us close, and I value it.”

All of these projects required a level of technology and teamwork from the firm’s stakeholder departments and were delivered quickly in response to the needs of clients during COVID-19.

Many of our senior team members are trained in process improvement and project management, and that common language helped all of us pivot, respond, and succeed.

Co-Managing Director Brad Evans remarked, “We knew we were a flexible, resilient culture before the pandemic. We had to work remotely

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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 BILL DURR

all be working remotely until March 27. We wanted to reassure our team that we already had the technology, the hardware, and the training to work remotely for the next two weeks while the nation got the pandemic under control. We previously had worked remotely during hurricanes and floods of the past, and we told each other that this would be over quickly, with no disruption to client service or internal processes.

EVAN MUSSELWHITE

While most of us worked virtually well past March 27, our team, like so many of our clients, persevered and continued providing the services our clients needed, all the while enhancing the firm’s ability to respond during the pandemic.

NEW ROLES AMY WOOTEN

Amidst the pandemic, several attorneys took on new leadership positions within the firm in 2020.

Bill Durr and Evan Musselwhite became the leaders of our Construction Practice Group, and new litigator Amy Wooten and government relations

WHITNEY CAMPBELL CHRISTENSEN

attorney Whitney Campbell Christensen were named Licensing Practice Group co-chairs.

Hemp law attorney Tyler Russell became co-leader of our Raleigh Geographic Team in March, working with established co-leader Whitney Campbell Christensen.

TYLER RUSSELL

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NEW FACES We welcomed eight new attorneys to Ward and Smith in 2020.

Litigator Amy Wooten and business attorney Michael Kohagen joined us in the

AMY WOOTEN

Raleigh office in late March. Joining during the initial stay-at-home phase of the pandemic meant these new attorneys on boarded in a completely remote environment. Their ability to jump in and immediately play a valuable role for our clients was both impressive and process-affirming. Amy’s experience was featured in the North Carolina Lawyers Weekly article “After a Lull, Recruiting Poised to Rev Up Again” by Bill Cresenzo in November.

MICHAEL KOHAGEN

In the fall of 2020, Ward and Smith welcomed first-year attorneys Payton Collier, Justin Hill, and Madeline Lipe, who all reside in the firm’s Raleigh office. Each of our first-year attorneys joined us as a result of our 2019 summer program, so they had a sense of what life at Ward and Smith was like pre-pandemic.

PAYTON COLLIER

Justin explained, “I am thankful I had the summer experience here, so I was already familiar with the team and comfortable with the people. Starting a new job via Zoom is not easy, but this team made it easier, and embraced me right away. As a matter of fact, I was part of a client-facing webinar on my fourth day here. It was seamless!”

We also welcomed lateral attorneys Clint Cogburn, Mike McIntrye, and Jordan

JUSTIN HILL

Spanner. Clint, a litigation and land use attorney, is resident in the Asheville office, and Jordan, also a litigator, practices out of our Raleigh office.

We’ve learned that Mike McIntyre, a former US Congressman from Eastern North Carolina with an active legal and government relations practice, tends to work anywhere he has a cell phone signal (and that’s not an exaggeration).

MADELINE LIPE

Mike brings a wealth of insight about the regulation and renourishment of North Carolina’s beaches and waterways, the close relationships our local municipalities have with our nation’s armed forces, and grants for economic development and small businesses throughout the state. He also has an active sports law practice.

CLINT COGBURN

Jamie Norment, the firm’s Government Relations Practice Group Leader, welcomed the new addition. “I’ve known Mike for decades. His dedication, commitment, and extensive knowledge of local, state, and federal issues are unparalleled.” Jamie continued, “The caliber of our Government Relations team was extensive before. With Mike joining the team, our capacity to represent clients in and out of North Carolina is bar none.”

MIKE MCINTYRE

Despite COVID-19’s disruption, the firm has experienced growth in our client needs. In 2021, we plan to continue to be responsive to those needs by hiring smart, experienced, and creative attorneys to help our clients reach their goals.

JORDAN SPANNER

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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.

Since joining the firm in 2012, Devon has held numerous leadership roles at Ward and Smith, including leading the firm’s Labor and Employment Section and co-chairing the Raleigh Geographic Team. She’s been recognized in industry publications such as Benchmark Litigation as a “Labor and Employment Star” in 2018 and 2019, and included on Business North Carolina’s Legal Elite list for Employment in 2020.

She leads the firm alongside Greenville-based litigator Brad Evans, who has served in this position since 2017. Most law firms have one Managing Partner, and Ward and Smith has always had two Co-Managing Directors.

We believe two heads are better than one.

BRAD EVANS

“From the beginning, Devon has displayed strong leadership skills and exceptional talent. She’s a true team player, a fierce competitor, and a person just as comfortable with the big picture analysis as she is with the daily needs of a demanding practice.

That’s why she is so widely respected by her clients, colleagues, and peers,” said Brad.

“It’s not surprising that she was elected to this executive position by her peers within the firm. I look forward to working alongside her as we lead the firm into our next phase of growth and innovation.”

Devon commented, “Business succession is an important topic for all closely-held businesses, and we’re no different. I worked ‘hand-in-hand’ with Ken and Brad all year to prepare for this transition. It was invaluable for our firm’s future and my development

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@wardandsmith

as a leader that I had the good fortune to train

She continued, “I’m grateful for and enthusiastic

during a year like 2020.

This experience has

about the opportunity to build upon the legacy

better prepared me for the job ahead, and I

the firm has experienced under Ken’s leadership

am confident we will be successful despite the

while working in tandem with Brad to continue

challenges that we will encounter along the way.”

our efforts to innovate efficient legal solutions for

Ken retired from Ward and Smith at the end of

our clients, and attract and retain top-tier talent.”

2020 after a forty-year career at the firm. He served

Business North Carolina magazine spotlighted

as Co-Managing Director for more than 15 years,

Devon in the July edition, and called the firm’s

and led many of the key initiatives and expansions

decision to elect Devon “exciting,” especially when

that built the firm into the place it is today.

“women in leadership positions remain a rarity” in

Brad said, “Ken was a champion of our unique culture and identity, and had the strategic vision needed to implement the technology and staffing plans that have served our clients so well during this COVID crisis. His foresight and experience was vital to our team, and will be missed.”

Ken plans to travel to our nation’s most beautiful national parks in a new camper, and spend time with his wife Jane, and their children and grandchildren. After some well-deserved downtime, Ken plans to mediate commercial litigation matters.

a lot of industries, including the legal profession.

From the article:

As a 34 year-old woman, Williams is a notable choice for co-managing director, the top position in the firm, alongside Greenville litigator Brad Evans. In 2019, the American Bar Association reported only 38% of attorneys are women, and even fewer hold firmwide leadership positions.

Potentially more surprising, Williams says, is the firm’s decision to elect her in the midst of her pregnancy — she and her husband are

In the firm’s announcement of Devon’s new role

expecting their first child in July. “I was selected

in May, she called it a privilege to serve with Brad

and voted-in while pregnant,” she says. “To me

and an honor to have Ken as a mentor. She noted,

it’s just an example of how forward-thinking and

“Ward and Smith has a different business model,

open-minded we are.”

and it’s a difference I am passionate about. Many law firms say they function as a team, but we actually do. Our model is different in that we have no originations, no sharp elbows, and are united around the vision that we do what is best for our clients.”

KEN WOOTEN

Devon and her husband Andy Jarvis live in Cary, and welcomed their daughter in the summer of 2020. She will continue with her active labor and employment practice, and may be reached at ddwilliams@wardandsmith.com.

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Troubled Waters: Leading Through a Pandemic

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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 navigate these treacherous waters.

Leadership that Counts

Lynwood Evans

Serving on a board is one of the many ways Ward and Smith attorneys have become an integral part of solving problems and leading entities out of choppy seas. Several attorneys were newly-elected or appointed to a board of directors in 2020.

Most notably, attorney Hugh Overholt was reappointed to the North Carolina Board of Transportation in September. In the past, Hugh has been appointed to the Board of Transportation by Democratic and Republican governors, specifically Governors Bev Perdue, Pat McCrory, and Roy Cooper, and now by Speaker Tim Moore. Hugh has served on the board since 2009, and has helped meet transportation needs across the state.

Lynwood leads Ward and Smith’s Litigation practice. He has extensive experience in all aspects of litigation, including depositions, hearings, and

Other attorneys newly-elected to a board of directors in 2020 include: • ADAM BEAUDOIN – North Carolina Chapter of the Community Association Institute Board of Directors • RICHARD CROW – Wilmington Chamber of Commerce Board of Directors

mediations, as well as arbitrations,

• PETER VON STEIN – Greenville-Pitt County Chamber of Commerce Board of Directors

appeals, and cases tried to jury verdict.

• JEREMY WILSON – North Carolina Advocates for Justice Board of Governors

His practice is wide-ranging, working in complex commercial litigation and focused in the areas of personal injury and wrongful death. He’s active in the North Carolina Advocates for Justice.

Insightful Views Ward and Smith’s efforts to help clients, individuals, and businesses through these uncertain times extended beyond the boardroom. In 2020, our attorneys were routinely featured in news magazines, blogs, and podcasts, often diving deeper into complex, hot topic issues. Surprisingly, not everything was COVID-related.

For example, attorney Allen Trask appeared on an episode of the “Objection to the Form” podcast to discuss the legality of hemp, how hemp products are tested, and CBD.

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Labor and employment attorney Grant Osborne talked about the profound challenges of employers regulating free speech in the workplace on the “Legal Talk Today” podcast.

Take Notice

Amy Wooten, a litigator in the Raleigh office, encouraged attorneys not to be afraid to make a change in a pandemic during an interview with NC Lawyers Weekly.

The firm has been named a “Best Law Firm” by Best Lawyers, and recognized as a “Recommended” firm for Dispute Resolutions and Labor and Employment work by Benchmark Litigation.

Attorney Ken Bart partnered with Ward and Smith Business Consulting’s Hank Harris for a Q&A featured in the Wilmington Business Journal. The duo gave businesses valuable insights on strategizing for a post-pandemic environment.

Additionally, Xavier Lightfoot and Devon Williams tackled the landmark ruling in the Bostock v.

Clayton County, Georgia case in the August issue of Business North Carolina.

And back in May, creditors’ rights attorney Lance Martin was interviewed by Fortune.com about a new bankruptcy law that could prove to be a big help for small businesses.

Done Deal Despite the disruptiveness, the pandemic may have changed how we do business, but not our commitment to helping our clients get where they need to go.

In March, during the state’s stay-at-home-orders, Ward and Smith attorneys worked with client Transportation Impact to close a deal with The Jordan Company as its new equity partner. Read more.

Additionally, in April, Ward and Smith’s Community Associations attorneys successfully defended a Wilmington area Community Association in the North Carolina Court of Appeals. Read more.

And in September, Personal injury attorney Charles Ellis secured a $3.04 million verdict for a North Carolina man injured in a tractor-trailer collision in Pennsylvania. The trial was held virtually “in which the judge, attorneys, parties, and witnesses were all scattered along the east coast.” Read more.

We don’t do what we do for the accolades, but we are grateful and honored by the recognition from our clients and peers.

Additionally, in 2020, we had: • 41 ATTORNEYS NAMED TO “BEST LAWYERS IN AMERICA;” • 25 ATTORNEYS NAMED AS A “SUPER LAWYER” OR “RISING STAR” BY SUPER LAWYERS; • 12 ATTORNEYS SELECTED AS LEGAL ELITES BY BUSINESS NORTH CAROLINA ; • 5 ATTORNEYS SELECTED FOR INCLUSION ON BENCHMARK LITIGATION’S “40 & UNDER HOT LIST;” • 3 ATTORNEYS RECOGNIZED AS “LABOR AND EMPLOYMENT STARS;” • 2 ATTORNEYS HONORED IN THE WORLD TRADEMARK REVIEW; • 1 ATTORNEY NAMED AS A “FUTURE STAR” BY BENCHMARK LITIGATION; • 1 ATTORNEY CONSIDERED A 2020 “GO TO THOUGHT LEADER” BY THE NATIONAL LAW REVIEW; AND, • 1 ATTORNEY NAMED TO THE “40 UNDER 40 LEADERSHIP AWARD” LIST BY THE TRIANGLE BUSINESS JOURNAL And we were thrilled when Ward and Smith’s PPP Loan Forgiveness Maximizer won second place in the Southeast Region’s Legal Marketing Association “Your Honor Awards.” The firm was named runner up in the “Innovative Use of Software, Technology, and Other Platforms” category, and was up against firms more than ten times our size.

Looking Forward Although 2020 was a very challenging year for all of us, we have faith that our clients, communities, and regions will rebound from this experience, stronger and more united than before. We look forward to continuing to work by your side as we navigate what’s to come in the New Year.

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Laura Hudson

Laura is the Firm’s Chief Marketing Officer. She oversees the Firm’s strategic

Ward and Smith’s Top Articles of 2020

marketing, communications, and business development efforts. She has more than 18 years of legal marketing experience, and has served on several industry boards, most notably on the international board of the Legal Marketing Association

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.

(“LMA”), where she co-chaired the

That quantity of writing is unprecedented, and led to an increase in visitors

association’s Governance Task Force and

to our website. More people read an article in 2020 on wardandsmith.com

Governance Committees. She is also the

than visited the site in any capacity in 2019 and 2018 combined. Our site

founder of the LMA’s Raleigh City Group.

produced 1.3 million unique pageviews, and we sent approximately 400,000

Laura has a Yellow Belt certification

“client alert” emails with urgent and timely material.

in Legal Lean Sigma® and Project Management from the Legal Lean Sigma

It’s important to us that we function as a stable and reliable source of

Institute, and is an appointed member

legal information for our clients, and by the numbers, we served that

of the North Carolina State Bar Board of

purpose well.

Legal Specialization.

Most of the top articles were related to Employment issues during the pandemic, or to the PPP program. However, our top piece of 2020 hit a little closer to home for many families. Authored by a panel of experts with an intro by attorney and Board Certified Specialist in Family Law Lauren Taylor Quinn, our most-read article offered Seven Guidelines for Parents Sharing Custody of Children During the Pandemic.

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TOP EMPLOYMENT ARTICLES:

OTHER WELL-READ ARTICLES:

COVID-19 Update for Employers: New Key Guidance by Xavier Lightfoot and Hayley Wells

COVID-19 Cancelled My Event. What Now? by Chris Edwards

Are Health Care Providers Exempt from the FFCRA Paid Leave Requirements? by Emily Massey and Grant Osborne

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

“Hold On, Help Is on the Way:” U.S. Senate Passes Second COVID-19 Relief Bill by Emily Massey, Will Oden, and Devon Williams

Employers Required to Post Employee Rights Notice Under Families First Coronavirus Response Act by Hayley Wells FFCRA Health Care Providers Exemption: New Guidance Published by Emily Massey and Grant Osborne Contagion: Practical Advice for NC Employers in the Face of Coronavirus Disease by Grant Osborne

TOP PPP ARTICLES:

COVID-19 Relief Package to Include Small Business Loans by Joanne Badr Morgan Enhanced Unemployment Assistance Under the CARES Act by Bill Durr FAQ: Paycheck Protection Loans and Economic Injury Disaster Loans by Joanne Badr Morgan CARES Act: Providing Payroll Relief to Employers in Response to COVID-19 by Tom Zamadics PPP Loan Proceeds: Forgive, Pay and Forget it, or Not? by Bill Durr and Jamie Norment If You File a Schedule C, Take Note: SBA Offers Guidance for Self-Employed PPP Loan Applicants by Joanne Badr Morgan Update: SBA Creates New PPP Safe Harbor Rule, Extends Deadline to May 18 by Tom Zamadics

COVID-19 Eviction Moratoriums: Need-ToKnow Information for NC Landlords and Tenants by Juliana Inman and Eric Remington

North Carolina’s Stay-At-Home Order: What Do You Need to Know? by Jamie Norment HOA Boards and the Coronavirus by Adam Beaudoin Governor Adds New COVID-19 Social Distancing Regulations for Retailers by James Todd and Amy Wooten