2014 Annual Review - FINAL - LI

2014 Annual Reviewwww.wardandsmith.com

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

Intellectual Property

International

Labor and Employment

Life Sciences

Litigation

Nonprofit Organizations

Personal Injury and Wrongful Death

Privacy and Information Security Law

Public Housing Authorities

Real Estate

Real Estate Development

Securities

Tax

Technology

Trusts and Estates

Trusts and Estates Litigation

Workplace Safety and Health

Zoning and Land Use Planning

"It is the harmony of the diverse parts, their symmetry, their happy balance; in

a word it is all that introduces order, all that gives unity, that permits us to see

clearly and to comprehend at once both the ensemble and the details."

—Henri Poincaré

Ward and Smith, P.A. is the sum of its parts. We have five offices across the state

of North Carolina that bind us together as one law firm with the vision of being North

Carolina's law firm of choice. It is our unique culture of teamwork that brings the

offices together so that we are able to serve clients wherever they reside. Our attorneys

work across practice groups, from the mountains to the coast, to bring you responsive, dedicated,

and reliable service. We are your counsel, regardless of geography. This is only one of the things that sets us apart

from the competition and we pride ourselves on our ability to assist in what is most important to you. Our attorneys

handle a range of issues from personal matters and protecting your family to guarding your business interests. We

do this without boundaries. We accomplish this as a team. In this year's Annual Review, we share with you the

diverse parts of our Firm that unify us as one and demonstrate why Ward and Smith is as uniquely different as it is

consistently steadfast in our mission of providing quality legal service.

As always, we appreciate your commitment and trust in our Firm.

A. Charles Ellis Kenneth R. Wooten

Welcome

Culture

Asheville—The Collaborative Approach

Lance P. Martin, Hayley R. Wells, and William F. Wolcott, III

3

At Ward and Smith, P.A., clients are not clients of one attorney. They are clients of the Firm. This team

approach to client service allows us to put those attorneys best suited for a particular issue to work for

the client when a need arises. Our depth and breadth of experience and talent also allow us to fully

meet the needs of our clients in a manner unparalleled by other law firms. In addition, our investment

in technology allows our attorneys to work seamlessly with clients across the state, while providing the

client with easy access to the attorney best suited for the matter.

Beer is big business in North Carolina. Ward and Smith is committed to serving this sector of our state's

economy through its Alcoholic Beverage Law Practice Group. Through a commitment to developing

an expertise in the area of alcoholic beverage law and following their passion of all things craft, our

attorneys have developed personal and professional relationships with a number of large and small

craft breweries across the state as the industry has grown.

By way of example, one fast-growing brewery client located in the Asheville area has worked with a

number of our attorneys over the last year. The client first approached us with a real estate matter,

which was handled by an Asheville-based member of our Real Estate Practice Group. Subsequently, the

client had extensive intellectual property issues which were managed by a member of our Intellectual

Property Practice Group who works in our New Bern office. Later in the year, the client was faced

with a corporate restructuring issue which was handled by a Raleigh-based member of the Business

Practice Group. All the while, our Asheville attorneys were kept up to speed on how each matter was

unfolding. When issues arise, our clients know that they need only contact the attorney with whom they

are familiar, understanding that the attorney will bring the member of the Firm best suited for the issue

on board to lend a hand. This approach results in efficiencies for our clients and a team approach that

is unique to Ward and Smith.

This experience is repeated with clients across our five offices. Our clients tell us it is one of the ways we

are different from other law firms. Our attorneys acknowledge that it constitutes an important part of

our Firm culture—a part which separates Ward and Smith from the competition.

METROPOLITAN TIER 1

• Arbitration

• Litigation – Land Use & Zoning

• Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law

• Commercial Litigation

• Employment Law – Management

• Labor Law – Management

• Litigation – Bankruptcy

• Medical Malpractice Law – Plaintiffs

• Personal Injury Litigation – Plaintiffs

• Trusts & Estates Law

Ward and Smith, P.A. was recognized as a "Best Law Firm" for 2014 by U.S. News and Best Lawyers®.* This ranking signals a unique combination of

quality law practice and breadth of legal expertise. More than 12,000 attorneys provided more than 330,000 law firm assessments, and almost

7,000 clients provided close to 20,000 evaluations. To provide personal insight, the publishers implemented a new Law Firm Leaders Survey in the

decision-making process.

Firms with offices in the identified "metropolitan areas" and with the highest overall scores were 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.

As a result, Ward and Smith's metropolitan area offices include Asheville, Raleigh, and Wilmington. Rankings for these cities include:

Ward and Smith, P.A. Receives 2014 "Best Law Firm" Rankings

• Commercial Litigation

• Corporate Law

• Environmental Law

• Family Law

• Health Care Law

• International Trade and Finance Law

• Land Use & Zoning Law

• Litigation – Construction

• Litigation – Environmental

• Litigation – Intellectual Property

• Litigation – Trusts & Estates

• Personal Injury Litigation – Plaintiffs

• Real Estate Law


METROPOLITAN TIER 2

• Land Use & Zoning Law

• Tax Law


• Technology Law

• Litigation – Labor & Employment

• Litigation – Real Estate

*Please see www.bestlawfirms.usnews.com for a further explanation of the selection process discussed above.

MEREDITH JO ALCOKE New Bern Office – Environmental

Meredith Jo Alcoke joined Ward and Smith, P.A. in October. Her practice focuses primarily on environmental

matters with an emphasis on coastal development and regulation. Prior to joining the Firm, Merrie Jo served as an

Assistant Attorney General with the North Carolina Department of Justice, practicing in the Environmental Division.

She is an experienced advocate who has appeared before various courts, including the Office of Administrative

Hearings, the superior courts, and the North Carolina Court of Appeals, as well as before quasi-judicial commissions

such as the North Carolina Coastal Resources Commission. She advises clients on issues related to administrative

law and regulatory compliance. Merrie Jo also is certified by the North Carolina Dispute Resolution Commission to

conduct mediated settlement conferences in the Superior Courts in North Carolina.

Merrie Jo received her law degree from The University of North Carolina School of Law. She enjoys travel, tennis,

yoga, and spending time with her family. Merrie Jo is active in her church and the community, and serves on

the boards for the North Carolina Coastal Land Trust and the Tryon Palace Foundation.

JOANNE H. BADR Asheville Office – Real Estate

Joanne H. Badr joined Ward and Smith, P.A. in July. Her practice experience includes a variety of commercial real

estate matters, including the representation of developers in the development, management, and disposition of

multifamily and affordable housing. Joanne's representation also has included asset-based financings, state

and federal grant and loan programs, and tax credit developments undertaken by developers and owners of

affordable housing projects qualifying for low income housing tax credits, financed with conventional loans and

bond financing. She has guided owners and developers of these projects through the process of working with

the U.S. Department of Housing and Urban Development (HUD), North Carolina housing finance authorities, local

housing authorities, municipal development agencies, private equity lenders, and banks. Joanne also has been

actively involved in the representation of commercial borrowers and lenders in closing purchases, sales, and refinancing

transactions, and in the negotiation and preparation of commercial lease agreements. Her estate planning

experience encompasses tax planning, estate planning, estate administration, and related services to individuals.

Joanne received her law degree from Quinnipiac University School of Law. She derives great personal satisfaction from the opportunity to

work with developers of elderly and multifamily housing projects all the way from financing to breaking ground, which benefits both the client

and the community at large. Joanne is a native of Asheville, North Carolina. In her time away from the office, she likes to cook, read, travel,

and practice yoga.

Merrie Jo Alcoke, Tom Wilson, Millie Kate, and Josephine

Dema Badr and Joanne Badr

5

Teamwork

Ward and Smith, P.A. has always fostered a spirit of teamwork among its attorneys, with all of us "rowing together" for the benefit of our clients. The

Greenville office is no exception; our attorneys regularly can be seen in each other's doorways, providing words of advice, sharing experience,

and offering support. But our team spirit goes well beyond the four walls of the office: we see all of Greenville and Pitt County as part of the team.

Shortly after coming to the Firm, new attorneys learn the importance of community involvement. The Greenville office has a long legacy of

personal and financial support of the various causes that make Greenville and Pitt County wonderful places in which to live and work. Our

attorneys helped to organize the original Med-Law Basketball Classic which supported the Pitt County Health Education Foundation. We have

several past presidents and current members of local Rotary and Kiwanis Clubs. Ward and Smith attorneys also can be found in leadership

positions with the Boys & Girls Clubs of Pitt County; the Food Bank of Central & Eastern North Carolina; Literacy Volunteers—Pitt County; the East

Carolina University Medical & Health Sciences Foundation, Inc.; the Greenville-Pitt County Chamber of Commerce; and a number of local schools

and churches, just to name a few. Ward and Smith's Greenville attorneys love our city, surrounding towns, and Pitt County. Through our collective

efforts, we strive to enhance our community and its citizens' quality of life.

Greenville—Synergy in the Community

J. Drake Brinkley, E. Bradley Evans, and John M. Martin

7

Ward and Smith, P.A. Announces New Practice Group Leaders

In 2014, Ward and Smith, P.A. announced John R. Sloan as the Firm's Trusts and Estates Practice

Group leader and Amy P. Wang as the Firm's Environmental Practice Group leader.

John is certified by the North Carolina State Bar Board of Legal Specialization as a legal specialist in

Estate Planning and Probate Law. His practice experience encompasses estate planning, estate

administration, estate and gift tax planning, and related services. John's practice also involves

business succession planning for closely-held business owners. He frequently lectures to civic and

community groups and at continuing legal education seminars on various topics relating to estate

planning and estate administration.

Amy primarily focuses on environmental regulatory and compliance matters with an emphasis

on coastal regulation and environmental aspects of real estate and business transactions. She

routinely advises clients, consultants, and professionals on federal, state, and local laws concerning

the areas of coastal development, stormwater management, environmental due diligence, and

clean-up activities. In addition to representing clients with respect to environmental matters,

Amy advises clients on matters related to zoning, land use, sustainable development, and green

building practices. Her representative experience includes defending stormwater and CAMA

permits against administrative and judicial challenges; assisting corporate and banking clients

with projects facing environmental assessment, permitting, zoning, and enforcement issues; and

assisting developers and community associations with the transfer of stormwater permits. Amy is an

accredited Leadership in Energy and Environmental Design (LEED) Green Associate, a distinction

she earned through the Green Building Certification Institute.

John R. Sloan

Amy P. Wang

Twenty Ward and Smith, P.A. Attorneys Recognized as

2014 "Super Lawyers" and "Rising Stars"

In 2014, twenty Ward and Smith, P.A. attorneys were recognized as "Super Lawyers" or "Rising Stars" by North Carolina Super Lawyers Magazine.**

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer

recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations,

and peer evaluations. Only 5 percent of North Carolina attorneys are named as "Super Lawyers," while no more than 2.5 percent are named

as "Rising Stars."

Ward and Smith "Super Lawyers" and "Rising Stars" for 2014 are:

Asheville

Hayley R. Wells – Employment & Labor*

Greenville

A. Charles Ellis – Personal Injury General: Plaintiff

Paul A. Fanning – Creditor Debtor Rights

John M. Martin – Business Litigation

New Bern

Lauren Taylor Arnette – Family Law*

Angela P. Doughty – Intellectual Property*

Donalt J. Eglinton – Business Litigation

Michael J. Parrish – Business Litigation*

Frank H. Sheffield, Jr. – Environmental

J. Troy Smith, Jr. – Business/Corporate

Kenneth R. Wooten – Business Litigation

Raleigh

Albert R. Bell, Jr. – Employment & Labor

Matthew A. Cordell – Business/Corporate*

Michael L. Miller – Estate & Probate

Gary J. Rickner – Business Litigation

Jason T. Strickland – Business Litigation*

Wilmington

Samuel B. Franck – Real Estate*

William A. Oden, III – Employment & Labor*

Ryal W. Tayloe – Construction Litigation

Allen N. Trask, III – Business Litigation*

*Rising Star

9**Please see www.superlawyers.com/north-carolina for an explanation of the standards of membership for the listing above.

Client Satisfaction

At Ward and Smith, P.A., our culture lies at the very core of our Firm. It is what ties us together

as a single firm that includes offices in five separate geographic locations with attorneys and

staff striving to deliver the same level of exceptional legal service to our clients without regard

to where they may be. The foundation for our culture is rooted deeply in the rich history of New

Bern, where our Firm's original office is located. We have had the privilege of serving clients from

this office for more than 100 years. The culture—a shared collective commitment to placing

our clients first—was fostered in New Bern, is common to every office, and differentiates us from

other law firms. Everything we do—internally and externally—is based upon and has its genesis

in our culture.

Internally, our attorneys and staff work together effectively as a team. We consciously remove

internal competition (except between fans of certain college football and basketball teams)

and foster collaboration and teamwork. Each attorney is encouraged and motivated to entrust

work to the team member having the best skills and experience who can most effectively and

efficiently complete the work. We don't use the terms "my client" or "his/her client." We use the

term "our client" and we approach each matter as to what is in the best interests of our client.

Our teams work seamlessly together to create a tailored approach aimed solely at achieving the

client's goals. By removing self-interest, our attorneys and staff are able to focus, individually and

collectively, on putting clients first.

Externally, the strong teamwork that is developed and fostered internally makes us more

competitive on behalf of our clients. Each client has the benefit of, and access to, the expertise

of all of our attorneys and the full resources of our statewide presence, without regard to where

the attorneys or client might geographically reside. As a group, we share a common commitment

to involve our clients in significant aspects of each matter, including strategy development and

resolution decision-making. Our clients are vital members of our team and we are partners in

their legal needs.

Our goal to put our clients first emanates from our culture, which instills an intensely focused

passion within each and all of us to exceed our clients' expectations.

New Bern—The Flagship Perspective

Angela P. Doughty, Donalt J. Eglinton, and Leigh A. Wilkinson

11

Ward and Smith, P.A. Welcomes New Management to the Team

Michael R. Epperson joined Ward and Smith, P.A. in 2014 as the Firm's Executive Director and

Chief Operating Officer. His role is to provide leadership to and direction of all staff operations

supporting client services as well as to coordinate the development and implementation of

long-range strategic plans. Mike manages the day-to-day operations of the Firm, including

developing and maintaining responsible fiscal, employment, and tactical policies and

procedures. Prior to joining the Firm, he served as the City Manager for New Bern, North Carolina

and Dublin, Ohio.

Mike received his Masters of Arts degree in Public Policy and Management from The Ohio State

University. He resides in New Bern with his wife Sandy and three children. When away from work,

Mike and his family enjoy the beach and other water sports.

In 2014, Michael D. Christman joined the Firm as the Director of Human Resources. He provides

strategic leadership, vision, and support on human resources matters, including leadership

development, organizational design, training, employee relations, compensation, benefits,

policy development, and performance management. Michael is an innovative executive

with nearly 20 years of demonstrated success in multi-unit operations, successfully leading and

managing key human resources functions.

Michael resides in Kinston with his wife Jana and three children. He enjoys spending time with

his family, travel, reading, sports, and actively investing in the stock market.

Michael R. Epperson

Michael D. Christman

Fifteen Ward and Smith, P.A. Attorneys Selected for Inclusion in Business

North Carolina's* "Legal Elite" and Three Attorneys Listed in "Legal Elite Hall of Fame"

Fifteen Ward and Smith, P.A. attorneys were included in Business North Carolina's "Legal Elite" for 2014 and three attorneys continue to be

included in the "Legal Elite Hall of Fame."

More than 20,000 ballots for the selection of "Legal Elite" 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. Those attorneys

who received the most votes in each category are included in the "Legal Elite Hall of Fame."

Ward and Smith attorneys selected as 2014 "Legal Elite" are:

Adam M. Beaudoin

Business

Albert R. Bell, Jr.

Employment

Jeffrey W. Childers, Ph.D.

Intellectual Property

Matthew A. Cordell

Business

Donalt J. Eglinton

Litigation

E. Bradley Evans

Litigation

Paul A. Fanning

Bankruptcy

Michael P. Flanagan

Bankruptcy

S. McKinley Gray, III

Employment

William R. Lathan, Jr.

Business

Gregory T. Peacock

Tax and Estate Planning

C. H. Pope, Jr.

Real Estate

Jeremy R. Sayre

Employment

Allen N. Trask, III

Young Guns

Kenneth R. Wooten

Construction

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

Counsel and E. Eric Mills in the category of Intellectual Property.

*Please see www.businessnc/com/legalelite for an explanation of the standards of membership for the listing above. 13

The culture of Ward and Smith, P.A. is understood and felt by all of us who work here. We are a family. We treat one another with

equal amounts of respect and congeniality. It's because of this impartiality that it appears incongruous to express that one of our

most respected and revered attorneys is Cheryl A. Marteney. As she is a distinctly modest and humble person, this is the kind of

ovation that I know will make her want to edit the platitudes from this article. Cheryl is leader of the Firm's Appellate Practice

Group; a co-editor of the Firm's newsletter, Legal Currents; and, during six of my last nine years of being the Editor-in-Chief of

the Annual Review publication, my secret weapon editor. What I appreciate about Cheryl are the same qualities we all see

in her—she is kind, thoughtful, intelligent, generous, and even-keeled. As you will find out, she also is one truly inspiring survivor.

Cheryl's roots are in Bridgeport, West Virginia. She grew up in a Methodist family who went to church on Sundays. She sang with

the choir and learned to play the organ. Cheryl's musical skills were so good that she became the substitute organist throughout

her hometown. In addition to being musically talented, Cheryl is smart as a whip, and it came as no surprise that she was valedictorian

of her high school class. Her intelligence has the ability to make you question, listen, maybe ask another question, and then realize that

she was right—and you end up feeling empowered, never belittled. We laugh about high school and how being musical and scholarly was in her best

interest because, "Dodge ball is a cruel game."

Her smarts, family ties, and Methodist upbringing played a part in her decision to attend West Virginia Wesleyan College where she studied elementary

education. This choice of study made complete sense—Cheryl's patience is bountiful. As a student teacher, Cheryl said, "I would be the first person to

school and the last person to leave. And sometimes I even beat the janitors and had to wait outside to get let into the school." Though she loved the

children, she soon realized that teaching wasn't her true calling.

For a short time, Cheryl went to work for the same bank where she had been employed during the summers of her high school and college years. During

that time, one of her church friends, an attorney from Clarksburg, offered her a position as the second paralegal in his firm's history. The other paralegal

had just started the week before, so she and Cheryl made their jobs their own. Never short of motivation and gumption, Cheryl became the litigation

paralegal and librarian. She did this for five years, continuing to take on responsibilities that were not on any existing job description. Finally, her office

manager said, "You really need to go to law school. We can't keep raising your salary because you're about up to where the incoming associates are

salary-wise. We can't keep doing that because you don't have a law degree." Cheryl said, "So, I started thinking about it and a good number of the

Cheryl A. Marteney—A Family Matter By Courtenay Lane Morgan, Director of Marketing

attorneys who I worked with seemed to be coming from William & Mary Law School. So I applied and got in, and there you go." (And here I want to say,

but you don't just "get in" to William & Mary Law School! But when you're Cheryl, you do, so I don't bother.)

Her memories from law school mostly are about the people she met. Cheryl says they were interesting and many had backgrounds similar to hers. Others

did not. There were some who planned to start their career at a law firm, get trained, make money, and then move on to the next firm. That's not the set

of values instilled in Cheryl by her father who started and retired from the same bank. "I just didn't understand that mentality. So when I applied to work

at Ward and Smith, my intentions from day one were to stay here for my career. I'm not a ship jumper." That was more than 20 years ago.

Cheryl's first mentor at the Firm was long-time Ward and Smith attorney, John A. J. Ward. He took her under his wing and showed her

how to practice law—which is entirely different from studying it. They had a few trials together where she describes herself as being

"second chair" and in charge of the drafting. John is remembered for his shrewd shoot-from-the-hip style, while Cheryl is a

self-described bookworm who enjoys research and writing. She says that John was instrumental in teaching her how to

prepare for trials. Cheryl also gives credit to Donalt J. Eglinton, who is well-known for being a tactical and methodical

litigator, and to Kenneth R. Wooten, a keen litigator with a mind like a steel trap.

Though her first mentors were litigators and Cheryl initially also was a litigator, it wasn't a natural fit. She doesn't enjoy public

speaking, she claims not to be quick on her feet, and she told me that the nights before she'd have to appear in court, she

wouldn't sleep all night. "I'm not like the Ken Wootens who go to court and can argue in front of the judge or in front of the

jury." She specifically mentions how grateful she is to Ward and Smith for recognizing her strengths—her passion for research

and her gift for legal writing.

When I ask Cheryl to elaborate about what she does for the Firm, it's difficult not to chuckle when she says she is in more of a

"support role." "I often times am working on discrete projects within a case, whether it is drafting the initial pleadings or taking the

file and putting together a summary judgment memo or a research memo on a certain matter that is at issue. I also am the head of the

Appellate Practice Group, so I hope I know the Appellate Rules frontwards and backwards. I'm tasked generally with putting together the records

on appeal when we are appealing a case, and a lot of times draft a brief for either the appellant side or the appellee side. So I guess I'm more in a

15Continued on page 16.

support role in terms of I get the documentation ready for the lead attorney to then go and argue, whether it's in a state trial court or appeals court.

Does that help?" Ask any attorney who works at Ward and Smith and they'll say it more than helps. She is held in the highest esteem. She provides

more than support. She is integral.

And here's where the story takes a detour. On Valentine's Day of 2013, Cheryl was diagnosed with lung cancer. She has never smoked a day in her

life. As recommended by J. Troy Smith, Jr., she made an appointment to see Dr. Thomas Stinchcombe at the UNC Lineberger Comprehensive Cancer

Center, UNC School of Medicine. She has nothing but the kindest words for him, just like she only has compassionate words for those who took care

of her that March when she suffered a collapsed lung. "I was in there for 8 or 9 days and, I tell you, the care of those nurses . . . I always had a herd

of teaching students or doctor students come through and the care that I got up there was wonderful. I have nothing but good things to say about

UNC Cancer Hospital. But anyway…" In the midst of fighting cancer, Cheryl is taking notice of the care she is being given. But, that's how she is.

After nine radiation treatments, Dr. Stinchcombe was able to enter Cheryl into a clinical trial with an experimental drug in Boston. She traveled back

and forth from New Bern to Boston about every three weeks and soon was cancer-free.

We had held our collective breath through this whole ordeal. Cheryl's cancer had become our cancer—the kind that you whisper. Our Co-Managing

Directors were excellent communicators both when the news was good and when the news was bad. When Cheryl's experimental treatment

seemed to stop working and she needed chemotherapy, there was a collective gasp. When your family is as big as ours, it's a loud noise. Thankfully,

the chemotherapy is working. There are the usual side effects—the thinning of hair, tiredness, and nausea. With a smile she looks at me and says,

"I just remember the good stuff and it's working." When I ask if she felt us holding her tight, she says, "Oh, let me tell you! I did not realize how much

Ward and Smith was my family until all this happened and there was so much outpouring of concern and prayers. Yes, Ward and Smith is my family."

As our interview comes to a close, Cheryl starts thinking out loud about all the people she should have mentioned. There are so many staff and so

many attorneys who make our Firm a team and I can't let her name them all. But if she could, she would, and she'd probably tell you a little something

about why she likes them and something nice they once said to her in the hall or in the break room. Cheryl exudes the culture of Ward and Smith with

her devotion, conviction, and fortitude. She is the kind of person who binds families together and we are blessed to have her among us.

Cheryl A. Marteney—A Family Matter Continued from page 15.

In-House Counsel Seminar

Ward and Smith, P.A. hosted its inaugural In-House Counsel Seminar at the Sheraton Imperial Hotel and Convention Center in Durham on

October 30. The Seminar's agenda was crafted specifically for attorneys who are employed by corporations, associations, and other business

entities. Attorneys in these roles provide legal guidance and advice for steering their businesses through litigation matters. They often encounter

sophisticated legal issues that require the depth and breadth of experience offered by a law firm such as ours.

The agenda included the following topics and speakers:

Intellectual Property: A Global Perspective

Angela P. Doughty, Ward and Smith

E. Eric Mills, Ward and Smith

Managing Litigation Panel Discussion

Moderator: Thomas S. Babel, Ward and Smith

Panelists:

Mark Booz, Deputy General Counsel, BB&T

Brian Maciak, Senior Vice President, General Counsel & Secretary, TBC Corporation

Jim Vollins, Vice President and US General Counsel, Bio Products Laboratory USA, Inc.

Issues that Keep You Awake at Night Panel Discussion

Moderator: Deana A. Labriola, Ward and Smith

Panelists:

Heidi Alten, Corporate Counsel, The Scott Fetzer Company

Barry Harris, Executive Vice President, Chief Legal Officer, First-Citizens Bank & Trust Company

Kimberly Mallos, Associate General Counsel, TIAA-CREF

Susan Russo-Klein, General Counsel, Hulsing Enterprises, LLC

Hot Topics in Labor and Employment for 2014 and Beyond

Rendi L. Mann-Stadt, Ward and Smith

Jeremy R. Sayre, Ward and Smith

Keynote Address: "Walking a Fine Line"

James E. Creekman, Ward and Smith

17

Reliability

Driven by client demand for a presence in the Triangle, the original Raleigh office opened in 2003. Since that time, we have grown immensely,

in terms of attorneys, practice areas, and clients. We now have more than 20 attorneys representing the full gamut of Ward and Smith, P.A.'s

breadth and capabilities. The Triangle is synonymous with promise and potential and we are on a quest to make Ward and Smith the

preeminent law firm in the Triangle.

The attorneys in the Raleigh office understand and appreciate the solid framework and core values upon which the Firm was built. We strive

to preserve the ideals that made our Firm what it is today. We provide superior legal representation and capably handle significant, complex

legal matters by putting our clients first, providing quality in everything we do, and working every day as a team. Each attorney in Raleigh,

like every Ward and Smith attorney, exemplifies these traits.

There are things that make the Raleigh office unique. We are as dynamic as the city of Raleigh itself. We are a reflection of the Triangle—a

changing and growing metropolitan area. Many Raleigh attorneys began their careers working at one of our other offices, some came to

us from outside of North Carolina, and a handful came through the ranks of our Summer Associate Program. Our attorneys represent some

of the best law schools in North Carolina and in the nation. In their spare time, our attorneys are marathon runners, YMCA cycling instructors,

world travelers, community volunteers, and musicians. We are geographically, politically, and ideologically diverse. We make a great team,

not in spite of this, but because of it. 19

Raleigh—A Triangle of Potential

William Joseph Austin, Jr., Jason T. Strickland, and Devon D. Williams

Two Ward and Smith, P.A. Attorneys

Named "Lawyers of the Year" by Best Lawyers® 2014

Donalt J. Eglinton and Michael L. Miller were named "Lawyers of the Year" for 2014 by Best Lawyers®*, the oldest and most

respected peer-review publication in the legal profession. Only a single lawyer in each specialty in each North Carolina

metropolitan area is honored as a "Lawyer of the Year."

Don was named "Lawyer of the Year" in the specialties of Litigation and Construction Law in the Wilmington metropolitan

area. He predominantly practices from our New Bern office. Best Lawyers® includes New Bern in the Wilmington

metropolitan area.

Michael was named "Lawyer of the Year" in the specialty of Trusts and Estates Law in the Asheville metropolitan area.

Donalt J. Eglinton Michael L. Miller

*Please see www.bestlawyers.com for a further explanation of the selection process discussed above.

21

2014 Construction Conference

Framing Your Business for the Future

On September 25, Ward and Smith, P.A. hosted its annual Construction Conference at the Carolina Country Club in

Raleigh. As a result of the success and growth of the Raleigh Construction Conference, the Firm hosted its inaugural

Western North Carolina Construction Conference at the Crowne Plaza Hotel in Asheville on October 2. Both conferences

featured presentations on a variety of construction-related topics from industry experts, government leaders, and Ward

and Smith attorneys.

Ward and Smith has a long history of assisting the construction industry with legal needs—from contracts, business

succession planning, and labor and employment issues to providing informative legislative updates. Recent changes to

lien laws have required particular diligence on the part of contractors and subcontractors and we have remained at the

forefront of these developments in order to help these businesses modify their operations and procedures accordingly.

The theme of the conferences was "Framing Your Business for the Future." Attendees tell us that these conferences make

them aware of issues that may impact their businesses today and in the future. They appreciate that we provide them

with the tools to proactively address these issues and that we are available at a moment's notice to be their trusted and

informed counsel.

BuildingRelationships

At Ward and Smith, P.A., we offer big firm service with small town values. Simply put, we care.

We care about our clients, we care about the community, and we care about each other.

Our practice is focused on our clients. Not only do we strive for every competitive advantage

on their behalf, but also, most importantly, we care about our clients as friends. The highest

compliment a client can pay us is that we are their trusted advisors, not just their attorneys.

Many attorneys and paralegals have close relationships with clients that extend beyond a

business context. We are their advisors and confidants in their time of need, whether legal

or otherwise.

In addition to our clients, we also care about our community. Not only are our attorneys and

staff involved in various charities and civic organizations, but they take on worthwhile causes

as well. For example, every year the Wilmington office "adopts" several children from the

New Hanover County Department of Social Services to ensure they have a great Christmas.

Attorneys and staff alike participate either by donating money or by shopping for the items

on the children's wish lists.

We also care about each other. Friendships are created in the Wilmington office

that transcend the work day. We celebrate the births of children and grandchildren,

commemorate birthdays and anniversaries, and grieve with each other over the loss of

loved ones. We also get together annually with spouses and significant others to celebrate

the holidays.

The selfless nature of the relationships among the attorneys and staff in the Wilmington

office of Ward and Smith allows us to focus on what is most important—our clients receiving

exceptional results and an even better experience with our team.

Wilmington—Tides That Bind

Adam M. Beaudoin, Virginia S. Carter, and Ryal W. Tayloe

23

Labor and employment law attorney William A. Oden, III earned certification in 2014 as a Manager of Environmental Safety and Health Programs

("MESH"). Awarded by the Safety and Health Council of North Carolina, the North Carolina Department of Labor, and North Carolina State

University Industrial Extension Service, the certification signifies that Will possesses both theoretical knowledge and

practical experience in environmental management and employee safety and health issues. He is the first

attorney in North Carolina to receive this certification. It is difficult for most managers and supervisors in today's

workplace to keep up-to-date with ever-changing environmental and safety responsibilities; yet every business

and industry must comply with these government regulations or face financial and legal consequences. The

MESH certificate program is designed for individuals with environmental or safety responsibilities who wish

to improve their practical knowledge while earning a valuable credential. The certificate is awarded after

successful completion of 100 credit hours.

Will's practice experience encompasses various areas of civil litigation in both the federal and state courts at

the trial and appellate levels. As a member of our Labor and Employment Practice Group and leader of our

Workplace Safety and Health Practice Group, he regularly represents employers and employees before the North

Carolina Industrial Commission, the U.S. Equal Employment Opportunity Commission, the Occupational Safety and Health Administration, the

Mine Safety and Health Administration, the North Carolina Division of Employment Security, and federal and state wage and hour divisions. Will

is a frequent lecturer and advises clients on a wide range of personnel issues including Title VII, the Family and Medical Leave Act, the Americans

with Disabilities Act, the Age Discrimination in Employment Act, and the Fair Labor Standards Act. He has been certified as a Senior Professional

in Human Resources since 2008. Will also serves as a mediator and is certified by the North Carolina Dispute Resolution Commission.

William A. Oden, III Certified as

Manager of Environmental and Safety Health Programs

25

2014 Employment Law Symposium

On November 14, Ward and Smith, P.A. hosted its inaugural Employment Law Symposium. Created by attorneys William A. Oden, III, Kyle R. Still,

and Devon D. Williams, this event brought together human resources and other professionals, including Ward and Smith labor and employment

attorneys, to network and discuss issues pertinent to employment law.

The symposium was held at the Sheraton Imperial Hotel and Convention Center in Durham. Following an introduction by the Firm's Labor and

Employment Practice Group leader S. McKinley Gray, III, the seminar began with an update by Tiffany Lathan, Bureau Chief of the Employment

Discrimination Bureau, North Carolina Department of Labor. Ms. Lathan discussed how the Bureau enforces the Retaliatory Employment

Discrimination Act ("REDA"). REDA protects a wide number of areas related to the North Carolina Workers' Compensation Act, the North Carolina

Wage and Hour Act, the North Carolina Occupational Safety and Health Act, the North Carolina Mine Safety and Health Act, and hemoglobin C

and sickle cell carriers, and applies to areas covering National Guard service discrimination, genetic testing discrimination, the juvenile justice

system, domestic violence, and employees reporting activities of their employers under the North Carolina Paraphernalia Control Act. Her

discussion also reiterated the Bureau's mission: "to investigate discriminatory practices, conduct fair, impartial and timely complaint investigations,

and to increase the possibilities for early resolution and settlement of REDA complaints."

Thomas M. Colclough, Deputy District Director of the Charlotte Area Office and Director of the Raleigh Area Office of the U.S. Equal Employment

Opportunity Commission ("EEOC"), spoke to the group regarding pregnancy discrimination and how it related to the Americans with Disabilities

Act and the EEOC's new policy guidance on religious dress. Mr. Colclough concluded his presentation by providing a brief on reasonable

accommodation and answering the question, "is reassignment too much?"

Vanessa Maulet, a mediator with the Raleigh Area Office of the EEOC, discussed the process of scheduling an EEOC mediation session, why EEOC

charges should be mediated, and what happens at an EEOC mediation session.

The symposium concluded with a roundtable discussion and a question-and-answer session with Ms. Lathan, Mr. Colclough, and Ms. Maulet. This

provided an opportunity for our audience members to ask questions related to their own experiences.

Through humor, descriptions of real-life situations, and knowledge of their departments, each of the speakers at the symposium provided invaluable

information to the attendees. Ward and Smith is truly thankful for the time they devoted to participate in our Employment Law Symposium.

ASHEVILLE

Derek J. Allen (2009)

Land Use and Zoning Law

Litigation – Land Use and Zoning

William S. Durr (2013)

Family Law

GREENVILLE

A. Charles Ellis (1995)

Medical Malpractice Law – Plaintiffs

Personal Injury Litigation – Plaintiffs

Lynwood P. Evans (2013)

Medical Malpractice Law – Plaintiffs

Paul A. Fanning (2011)

Banking and Finance Law

Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law

Litigation – Bankruptcy

Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers® is

based on an exhaustive peer review survey in which almost 50,000 leading attorneys cast nearly 5,000,000 votes on the legal abilities of other lawyers in

their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers® is considered a singular honor.

Corporate Counsel magazine has called Best Lawyers® "the most respected referral list of attorneys in practice."

Thirty-two Ward and Smith, P.A. attorneys were recognized as 2014 Best Lawyers®. They are:

Thirty-two Ward and Smith, P.A. Attorneys Listed in Best Lawyers®* 2014

Merrill G. Jones, II (2013)

Commercial Litigation

John M. Martin (1995)


NEW BERN

James Lee Davis (1993)

Real Estate Law

Donalt J. Eglinton (2009)


Copyright Law

Litigation – Construction

Litigation – Intellectual Property

Litigation – Patent

Patent Law

Trademark Law

Michael P. Flanagan (1995)

Bankruptcy and Creditor Debtor Rights/ Insolvency and Reorganization Law

Litigation – Bankruptcy

S. McKinley Gray, III (2009)

Litigation – Labor and Employment

Workers' Compensation Law – Employers

William R. Lathan, Jr. (2005)


Financial Services Regulation Law

Gregory T. Peacock (2010)

Litigation – Trusts and Estates

Trusts and Estates

C. H. Pope, Jr. (1995)

Land Use and Zoning Law

Real Estate Law

Timber Law

E. Knox Proctor V (2010)

Administrative/Regulatory Law


Corporate Law


Continued on next page.*Please see www.bestlawyers.com for a further explanation of the selection process discussed above.

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


Corporate Law

David L. Ward, Jr. (1983)


Corporate 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)




RALEIGH

William 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

William E. Martin (2013)

Real Estate Law

Michael L. Miller (1991)

Arbitration

Employee Benefits (ERISA) Law

Mediation

Tax Law

Trusts and Estates

E. Eric Mills (2012)

Copyright Law

Gary J. Rickner (1995)



Personal Injury Litigation – Defendants

James F. Verdonik (1995)

Corporate Law

Technology Law

WILMINGTON

Thomas S. Babel (2013)


Jenna Fruechtenicht Butler (2010)


Litigation – Securities

Litigation – Trusts and Estates


Ryal W. Tayloe (2009)



Litigation – Real Estate

(Year) First year the lawyer was listed.

27

Lena G. Willis Glenda W. Kite

J. Sue Wilson

Rebecca S. Ormond

C. Denise Thomas

Aleisha A. Braswell

Sheila L. West

Ward and Smith, P.A. is staffed with highly dedicated, motivated, and loyal individuals who work closely together and with attorneys in all five offices.

More than 160 team members provide the foundation of our Firm, making it possible for our attorneys to provide our clients with the cost-efficient,

reliable, and responsive service we strive to achieve.

In 2014, Co-Managing Directors A. Charles Ellis and Kenneth R. Wooten honored several members of our staff for their loyalty to Ward and Smith. Those

staff members and their years of service are:

Recognizing Dedication to the Firm

25 15 1020

Amanda L. Eatman

Jennifer K. Sutton

S. Russell Sutton

30

Attorneys

Meredith Jo Alcoke

Derek J. Allen

Deborah B. Andrews

Lauren Taylor Arnette

William Joseph Austin, Jr.

Thomas S. Babel

Joanne H. Badr

Adam M. Beaudoin

Albert R. Bell, Jr.

J. Drake Brinkley

Jenna Fruechtenicht Butler

Virginia S. Carter

Mary V. Cavanagh

Jeffrey W. Childers, Ph.D.

Whitney Campbell Christensen

M. Charles Cloninger

Matthew A. Cordell

James E. Creekman

Richard J. Crow

Alexander C. Dale

James Lee Davis

C. Joseph DelPapa

Eldridge D. Dodson

Angela P. Doughty

William S. Durr

Donalt J. Eglinton

A. Charles Ellis

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

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

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

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 28563-0867

P: 252.672.5400 F: 252.672.5477

GREENVILLEOvernight Delivery:

120 West Fire Tower RoadWinterville, NC 28590Post Office Box 8088

Greenville, NC 27835-8088P: 252.215.4000 F: 252.215.4077

RALEIGHWade II, Suite 400

5430 Wade Park Boulevard (27607)Post Office Box 33009

Raleigh, NC 27636-3009P: 919.277.9100 F: 919.277.9177

WILMINGTON127 Racine Drive

University Corporate Center (28403)Post Office Box 7068

Wilmington, NC 28406-7068P: 910.794.4800 F: 910.794.4877

800.998.1102www.wardandsmith.com

2014 Annual Review - FINAL - LI

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