A Recipe for a Tasty Thanksgiving

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By Leslie Pegram

Thanksgiving is a time to gather with family, friends and friends that are more like family.  It’s a time to cook like a Food Network star, your favorite celebrity, blogger or Instagram star (or to just let someone else do all the cooking for you).  It’s a time to get up early and run in a Turkey Trot before donning your sweatpants to eat your heart out on turkey, ham, turduken, mashed potatoes, sweet potato casserole, green bean casserole, macaroni and cheese, stuffing, rolls, pumpkin pie, pecan pie, or your favorite vegetarian or vegan dishes for lunch and then hop in the car to your next destination where you’ll dine on the same food a few hours later for dinner. it’s a time for unexpected trips to the ER for those brave enough to try deep frying a turkey. A time to watch football, the Macy’s Thanksgiving parade or prepare your Black Friday strategy. A time to volunteer giving to others in need or just need compassion and company.  Also, did I mention naps?  It’s also a time for naps, lots of food-coma inducing naps! Thanksgiving is also the unofficial start of potluck season!

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Message from the Chair

By Bonnie Weyher

I am honored to serve as Chair of our Section for the 2019-2020 year.

Our other officers this year are Kate Deiter-Maradei, Vice President; Sarah Kromer, Secretary; and Jim Cooley, Treasurer.

Like other Sections, our work is largely done through committees.  I want to thank all those who have agreed to be chairs this year: Arbitration  (Catharine Arrowood/George Doyle); CLE (John Sarratt / Deborah Dillman); Clerk Mediation (Bill Wolcott/Nick Gordon); Collaborative Law (John Sarratt/Aida Doss Havel); Collaborative Family Law (Kerry Burleigh/Deborah Dilman); Communications/Website/Social Media (Ketan Soni); Ethics & Professionalism (Thomas Clare/Jim Cooley); Legislative & Rapid Response (Andy Little/Frank Laney); Membership (Arty Bolick); Nominations (Ann Anderson / Frank Laney); Observation Video (Ann Anderson/Jacqueline Clare); and Pro Bono (Rick Igou/Salim Uqdah).

We will keep you updated throughout the year on projects and initiatives of the Section.   In the meantime, please mark your calendars for our Annual Meeting and CLE/CME, which will be at Pinehurst on Thursday, March 12, 2020.  We will have a reception the evening before for those arriving on Wednesday.

Family Law Section CLE Committee Update!

By Jill Jackson

Happy November from the NCBA Family Law Section’s CLE Committee!  We have some exciting updates to share about upcoming CLEs:

The Family Law Intensive Seminar:  Complex Emerging Issues in Family Law will be offered live at the Charlotte Marriott City Center on November 14-15 and at the Wrightsville Beach Holiday Inn Resort on January 30-31.  This program includes topics on changes to the equitable distribution statute, the new tax law, gray divorce, bankruptcy, social media, mental health and so much more!  Register online here.

The Family Law Section Annual Meeting is scheduled for May 1-2, 2020, at the Francis Marion Hotel in historic Charleston, South Carolina.  Kim Bonuomo & Robin Stinson are planning an exciting program for our section!

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Employee Educational Fringe Benefits Under the 2017 Tax Act

By John G. Hodnette

One of the most appealing benefits of working for a university is an educational assistance program.  Free or discounted college education is extremely valuable given tuition continues to increase at an average of 8% per year.  Whether these benefits are taxed as compensation or excluded from income is vitally important to university employees.

Three code sections are especially important when an employer provides an employee or employee’s family with free or discounted college education.  The first is Section 117, which excludes from gross income qualified scholarships granted to an individual who is a candidate for a college degree.  Section 117(d)(1) additionally provides where an educational institution at the university level grants qualified tuition reduction to an employee for an undergraduate degree, that tuition reduction is not included in gross income.

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Join Us for Lunch as Pat Togni Speaks on “Trade in the Trump Era”

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Patrick “Pat” Togni

Please join us for lunch as the International Practice Section invites Patrick “Pat” Togni to present on “Trade in the Trump Era.”

Pat is a senior associate in the International Trade practice group of King & Spalding, LLP, where he assists clients in Charlotte, N.C., and Washington, D.C.  Particularly, Pat has worked to help his clients navigate the Trump Administration’s approach to international trade policy.

The presentation will take place at 12:00 p.m. on November 7, 2019, in Poyner Spruill’s offices located at 301 Fayetteville Street, Suite 1900, in Raleigh, N.C.  Attendance is free to all International Practice Section members.  Lunch will be provided.

Please note, this presentation will not provide CLE Credit.

Space is limited, so please click here to RSVP now.

If you have any questions, please contact Brandon Wheeler at [email protected].

The Beach is calling! Join the YLD in Wilmington on 11/16

By M. Cabell Clay

Join the Young Lawyers Division in Wilmington for our Winter Quarterly Council Meeting and social activities!  At the Council Meeting, we will review the current happenings of the YLD and continue with planning for upcoming activities.  After conducting business, we will enjoy family friendly social and networking activities.  All YLD Members are welcome to attend.

Social Events
Join the NCBA YLD on Saturday, November 16, 2019,  for two social events in Wilmington:

First, from 2–3 pm, the YLD will take an hour scenic tour of Eagle Island with the Wilmington Water Tours (https://wilmingtonwatertours.net/cruises/eagles-island-cruise/)  The cost of the boat tour is $12 for adults and $6 for children. Please call (910) 338-3134 to reserve your seat on the boat & pay the cost.

Then, from 3:30–5:30 pm, the YLD will gather at Front Street Brewery (https://www.frontstreetbrewery.com/) for a casual networking social.  Get to know your NCBA YLD Leadership and other YLDers from across the state during this low key drop-in event. First drink is on us!

Click here to register for these social events.

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Celebrating Constitution Day in North Carolina Schools

By Judge Christopher Brook

Constitution Day commemorates the formation and signing of the United States Constitution on September 17, 1787. This and every year the Constitutional Rights and Responsibilities Section of the North Carolina Bar Association celebrates Constitution Day by traveling the state and speaking with students about the history and continued relevance of this founding document.

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Richard Lee Bender v. Alisha Hornback – Timing of Notice of Appeal

By Ashley Grim

Richard Bender v. Alisha Hornback

Plaintiff’s notice of appeal was untimely and deficient under the Rules of Appellate Procedure and his arguments were without merit. Dismissed in part; affirmed in part.

Plaintiff and Defendant entered into a consent order in 2014 in which Plaintiff was granted full legal custody and primary physical custody of the child and Defendant was awarded visitation.  Plaintiff filed a motion in June 2018 requesting in part, emergency custody alleging the child was in danger of serious and immediate injury. After a hearing on 12 July 2018, the Court entered a Memorandum of Consent Order in which Plaintiff dismissed his 2018 Motion with prejudice and acknowledged there was no basis for his claims and the minor child was not in danger. The terms of the memorandum order were handwritten and specifically provided that a formal judgment/order reflecting the same terms would be prepared and signed by the presiding judge out of session.  In addition, the parties stipulated that with the signing of the Memorandum by the presiding judge, it shall become a judgment/order of the court pursuant to Rule 58 of the North Carolina Rules of Civil Procedure on the date filed with the Clerk.

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Sports & Entertainment Law Section Articles of Interest (October 2019)

Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:

That’s So Punny! Trademark Rights in Puns and Wordplay

We Got The Beet: Trademark Claims and Puns

Lessons from Antonio Brown’s Dismissal: Don’t Fumble the Morals Clause

‘The Slants’ Founder Explains Trademark Victory Over All-Asian Band Name

From Forever 21 to FC Barcelona, a Look at adidas’ History of 3-Stripe Legal Fights

What’s in a name? Liverpool FC withdraw applications for “Liverpool” trade marks

Hamilton Spat Shows Challenge in Carving Copyrights From History

UPDATE: New York Student-Athlete Name, Image, and Likeness Bill Amended (Again)

The Number of States Supporting Student-Athlete Name, Image, and Likeness Rights Continues to Grow

New Jersey Joins the Growing Number of States Seeking to Create Name, Image and Likeness Rights for Student Athletes in Direct Defiance of Current NCAA Bylaws

NCAA Board of Governors Approves Policy Permitting College Athletes to Benefit From Use of Name, Image, and Likeness

NCAA Clears Way for Athletes to Earn Endorsement Money

NCAA board approves athlete compensation for image, likeness

 

Nominations Committee

By Ann Anderson

In December 2019 and January 2020, the Dispute Resolution Nominating Committee will be seeking nominations for 8 new Council Members and a recipient of the 2020 Peace Award. An email will be sent soliciting nominations. In the meantime please be thinking about whether you would be willing to serve or would like to nominate a Section member.

Members of the Council serve three-year terms and attend quarterly Section Council meetings. Council members must be members of the Section and should be willing to participate actively on one or more Section projects.

The Peace Award is given by the Section to one or more individuals who have made a special contribution or commitment to the peaceful resolution of disputes. Last year LeAnn Nease Brown was our Section Peace Award winner. For more information about the award and other past recipients see the following: https://ncbarblogprod.wpengine.com/lets-recognize-the-peacemakers-among-us/