Author Info for Smith Debnam Narron Drake Saintsing & Myers, LLP

Tomomi Atamas

North Carolina Defamation Laws in Divorce or Domestic Violence Cases

A jury awarded Johnny Depp $15 million in damages in a defamation suit against Amber Heard, who had alleged domestic abuse against him in an op-ed. Donald Trump was ordered to pay over $80 million in a defamation suit brought…more

Defamation, Divorce, Domestic Violence, False Statements, Protective Orders

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Andrea Bosquez-Porter

A Child’s Wishes in Custody Modifications

When it comes to modifications to child custody orders in North Carolina, parents often wonder if North Carolina law permits a child to determine where to live; either with one parent or the other. The short answer is no. Until…more

Child Custody, Co-Parenting, Custody Modification, Divorce, Physical Custody

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Connie Elder Carrigan

It’s Déjà Vu All Over Again: Federal Court Invalidates Department of Labor’s Overtime Rule

In 2016 and 2023, the United States Department of Labor (“DOL”) announced increases to the minimum salary threshold for the executive, administrative, and professional exemptions to the federal Fair Labor Standards Act (“FLSA”),…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Minimum Salary

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Eugene Chianelli, Jr.

PPP Loan Application Deadline Extended Until August 8

On July 4, 2020, President Trump signed a bill that re-opens the application period for Paycheck Protection Program (“PPP”) loans until August 8, 2020. The five-week extension was approved by both houses of Congress last week by…more

CARES Act, Coronavirus/COVID-19, Extensions, Loan Applications, Paycheck Protection Program (PPP)

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Hannah Choe

District Court Holds that the Verbiage, “Settlement Offers May Have Tax Consequences”, in a Debt Collector’s Form Collection Letter was not in Violation of the FDCPA

The Western District Court in New York has held that a debt collector did not violate § 1692e(10) of the FDCPA. The Court held that a form collection letter with offers of settlement did not “use… false representation or…more

Collection Agencies, Consumer Lenders, Debt Collection, Debt Collectors, Disclosure Requirements

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Joseph Davies

Understanding the Basics of a Construction Contract

Construction contracts are essential in the construction industry, governing the relationships and responsibilities of all parties involved in a project. Whether you’re a contractor, subcontractor, or property owner,…more

Breach of Contract, Change Orders, Construction Contracts, Construction Industry, Contract Drafting

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A.T. Debnam

Navigating the Divorce Process

Navigating the divorce process can be stressful and, at times, overwhelming. Filing for absolute divorce in North Carolina can be done without an attorney, as explained below, but life is hard, and people lead busy lives..…more

Divorce, Duty to Serve, Filing Deadlines, Filing Fees, No-Fault Divorce

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Michael Denning

What Can You Sue Your Ex-Spouse For?

Grounds for Suing an Ex-Spouse or Ex-Partner - Can you Sue Your Ex for Emotional Distress? In North Carolina, you may be able to sue your ex-spouse for intentional infliction of emotional distress or negligent infliction of…more

Alienation of Affection, Defamation, Divorce, Domestic Violence, Emotional Distress Damages

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Franklin Drake

How to Avoid the Risky Business of an Unrecorded Lien on a Titled Vehicle

My secured lender clients sometimes contact me in desperation because they believe they cannot get their liens recorded on NC car titles. Their borrowers are not cooperating. Sometimes borrowers will fail to complete the…more

DMV, Liens, Motor Vehicles, North Carolina

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Zachary Dunn

Governor Cooper and Dept of Insurance Issue COVID-19 Orders Affecting Debt Collection Agencies, Others

In response to the rapidly developing COVID-19 pandemic, North Carolina Governor Roy Cooper issued an order on March 27, 2020 requiring all people in the state to stay in their homes “except as permitted in” the order. In a…more

Coronavirus/COVID-19, Debt Collection, Department of Insurance, Executive Orders, Governor Cooper

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Caren Enloe

Where the Rubber Meets the Road

For the past year, the industry’s attention has been focused on the Debt Collection Rule (the “Rule”), its changes, and the new expectations it will place on debt collectors; but as the rubber meets the road, collection agencies…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, Debt Collectors, Debtors, FDCPA

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Brian Gilman

Why I Like Coffee Meetings

I guess we all have a tendency to spend time doing the things we most enjoy. No doubt, I love investing time in the “big things” in my life – my family, best friends, other kindred spirits, time in the Word. These are a priority…more

Business Development, Professional Networking

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Thomas Gray

Effective Strategies for Handling Construction Defect Claims

In 2022, North Carolina was bustling with new construction projects, ranking as the sixth highest state for newly built homes. With so much building going on, construction defect claims are bound to pop up. These claims can…more

Breach of Contract, Breach of Warranty, Construction Defects, Construction Industry, Documentation

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Emily Jeske

Custody, Co-Parenting, and the Coronavirus

In North Carolina and many other states, “stay-at-home” or “shelter-in-place” orders are in effect, and by now, we all know about “social distancing.” But how do these new, pandemic-era concepts impact you, your children, and…more

Child Custody, Coronavirus/COVID-19, Domestic Violence, Governor Cooper, Parenting Plans

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J. Ronald Jones Jr.

Does Misleading or Deceptive Advertising Violate the Automatic Stay?

Is it a violation of the automatic stay for a competitor of a Chapter 11 Debtor to target the Debtor’s customers using false or misleading statements? U. S. District Court Judge Cathy Seibel of the Southern District of New York,…more

Advertising, Automatic Stay, Bankruptcy Court, Chapter 11, Debtors

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Alicia Jurney

Understanding Termination of Parental Rights in North Carolina

Grounds for Termination & Best Interests of the Child A biological parent’s right to care for and make decisions about their child is afforded great deference. However, some circumstances allow a court to terminate a parent’s…more

Burden of Proof, Jurisdiction, North Carolina, Parental Consent, Social Services

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Hannah Kays

Government Shutdown Leaves Consumers Vulnerable

The U.S. is undergoing the longest government shutdown in the nation’s history, and it is taking a toll on the consumer’s economic welfare in more ways than one. Every day, Americans fall victim to harassing telemarketing…more

Advertising, Do Not Call List, FCC, Federal Budget, Federal Trade Commission (FTC)

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Garret Kirkpatrick

Has the CDC Overstepped its Authority on Evictions?

It has been over a year since the beginning of the COVID-19 pandemic and although many restrictions are beginning to lift, one that has not is the eviction moratorium. In August of 2020, (after the CARES Act eviction moratorium…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Eviction

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Ned Mangum

The Basics of Restraining Orders in North Carolina

In the sixteen years that I was a Wake County District Judge and District Attorney, I’d often be asked how to get a restraining order. The answer is relatively simple – the North Carolina General Assembly passed a law that says…more

Domestic Violence, Protective Orders, Restraining Orders, Sexual Abuse, Stalking

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Lynn Wilson McNally

Understanding Illicit Sexual Relationships and the Legal Ramifications

Illicit sexual relationships can have a significant impact on a spouse’s rights and obligations in the context of separation and divorce, specifically regarding spousal support. How is Illicit Sexual Behavior Defined?…more

Alimony, Divorce, Marital Assets, Marriage, Spouses

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Jerry Myers

Consumer Financial Services Spring 2018 Update

District Court Takes Expansive View of Deceptive or Misleading Practices under FDCPA - The FDCPA prohibits a debt collector from using "any false, deceptive, or misleading representation" in connection with the collection of…more

Administrative Appointments, Article III, ATDS, Collection Agencies, Consumer Financial Products

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John Narron

A Last Will And Testament Can Always Be Changed (Before Death)

It is a fundamental principle of law that a Last Will and Testament duly signed and witnessed is binding on no one until the person who signed the Will dies. That is to say that a person who signs a Will in say January of 2010…more

Appeals, Beneficiaries, Decedent Protection, Estate Claims

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Lauren Reeves

Consumer Financial Services Spring 2018 Update

District Court Takes Expansive View of Deceptive or Misleading Practices under FDCPA - The FDCPA prohibits a debt collector from using "any false, deceptive, or misleading representation" in connection with the collection of…more

Administrative Appointments, Article III, ATDS, Collection Agencies, Consumer Financial Products

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Max Rodden

Effect of Divorce on Important Rights

The body of law governing divorce contains few absolutes. One such absolute is the timing of the divorce relative to the assertion of claims for alimony and division of assets and debts, known as equitable distribution. A…more

Alimony, Divorce, Equitable Distribution, Marital Assets, Marriage

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Jeff Rogers

Has the CDC Overstepped its Authority on Evictions?

It has been over a year since the beginning of the COVID-19 pandemic and although many restrictions are beginning to lift, one that has not is the eviction moratorium. In August of 2020, (after the CARES Act eviction moratorium…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Eviction

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Kristin Ruth

Does Adultery Affect Child Custody? The Answers You Need.

In North Carolina, while adultery can be a factor in child custody decisions, it is not determinative. The primary consideration is always the best interest of the child, and courts have broad discretion to evaluate the impact…more

Adultery, Alimony, Child Custody, Divorce, Sexual Harassment

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Byron Saintsing

Court of Appeals Confirms Partial Lien Waivers Do Not Waive Lien Rights

In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech…more

Appeals, Construction Project, Contract Terms, General Contractors, Liens

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Bettie Kelley Sousa

Four Ways to Avoid Hiring a Lawyer…From a Lawyer!

Yep, you read that right. I’m a lawyer, I’ve practiced for almost 38 years, and I want to share a few commonsense tips for how you can avoid hiring me. Our firm handles a variety of matters, for big corporations, for small…more

Commercial General Liability Policies, Electronically Stored Information, Employment Contract, Estate Planning, Liability Insurance

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Rose Stout

Preparing for a High-Conflict Divorce: Tips and Strategies

Understanding the High-Conflict Dynamic - A high-conflict divorce is a tumultuous and emotionally charged process that can leave lasting scars on all parties involved. Unlike amicable separations, this type of divorce is…more

Child Custody, Dispute Resolution, Divorce, Documentation, Family Law Courts

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Christina McAlpin Taylor

Consumer Financial Services Spring 2018 Update

District Court Takes Expansive View of Deceptive or Misleading Practices under FDCPA - The FDCPA prohibits a debt collector from using "any false, deceptive, or misleading representation" in connection with the collection of…more

Administrative Appointments, Article III, ATDS, Collection Agencies, Consumer Financial Products

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Jeriel Thomas

10 Practical Tips for Remote Video Hearings and Trials

While most lawyers are accustomed to attending hearings and trials in a traditional courtroom setting, social distancing has forced the judicial system to utilize non-traditional methods, such as remote hearings, to conduct…more

Remote Hearings, Zoom®

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Melissa Tulis Smith

The Historic Impact of Chevron Deference on Debt Collection Regulation and the Uncertain Future Without It

The Supreme Court’s June 2024 decision in Loper Bright Enterprises v. Raimondo overturned Chevron deference and decades of case law guiding debt regulation. Chevron deference, a 40-year-old legal doctrine established by the U.S…more

Chevron Deference, Consumer Financial Protection Act (CFPA), Consumer Financial Protection Bureau (CFPB), Debt Collection, FDCPA

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Cara Williams

How Does Remarriage Impact Wills and Inheritances?

Divorce and remarriage are common in the United States, and most legal professionals place these issues squarely within the family law realm. However, people who remarry should also carefully revisit their estate plan documents…more

Beneficiaries, Divorce, Estate Planning, Guardians, Inheritance

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Landon Van Winkle

Everything to Know About Filing a Mechanic’s Lien In North Carolina

A lien, sometimes referred to as a security interest, is an interest in real or personal property that secures the payment of a debt or the performance of an obligation. The most common examples of liens are mortgages (deeds of…more

Contractors, Deadlines, Debt, Financial Obligations, General Contractors

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Smith Debnam Narron Drake Saintsing & Myers, LLP

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