The Section’s Council wants to ensure that administrative law practitioners are aware of pro bono opportunities available to them. The Section Council has worked with the Office of Administrative Hearings (OAH) over the years on pro bono opportunities. One goal of the Section’s pro bono committee this year is to compile a list of attorneys across the state who have an interest in handling OAH cases on a pro bono basis. An updated list will be an invaluable tool to help connect our Section’s great attorneys with persons in need of pro bono services before OAH. You can specify a particular type of case that you are willing to handle pro bono in OAH.
If you would like to be included on the pro bono list we are compiling, you can respond directly to me. I can be reached at Ott Cone & Redpath, P.A., 336-373-1300, [email protected].
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“IRS outlines new tax law effect on tax exempt organizations.” Jan. 28, 2020, IRS. From the Article: “The Internal Revenue Service wants tax-exempt organizations to know about recent tax law changes that might affect them. The Taxpayer Certainty and Disaster Tax Relief Act, passed on December 20, 2019, includes several provisions that may apply to tax-exempt organizations’ current and previous tax years.”
“Attorney General Josh Stein Sues to Prevent Release of 3-D Firearm Files.” Jan. 24, 2020, N.C. Department of Justice. From the Press Release: “Attorney General Josh Stein joined a federal lawsuit to challenge the federal government’s latest effort to allow 3-D printed firearm blueprints to be released online. These files would allow plug-and-play access to 3-D printed unregistered, untraceable, hard-to-detect firearms, also known as ‘ghost guns.'”
“City Obligations for Providing Services to Annexed Areas.” By Frayda Bluestein, Jan. 30, 2020, UNC School of Government. Questions Presented in the Article: “What services must be provided to annexed areas? Is there a standard level of services that a city must meet? If a city provides utilities, does the law require a city to extend those utilities to all satellite areas?”
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If you’re looking to learn more about new Chapter 160D of the North Carolina General Statutes (effective 2021), David Owens and Adam Lovelady with the UNC School of Government have created a good website that links to a number of resources on new Chapter 160D, including cross-over charts and an annotated version of 160D. Even if you attended presentations on 160D through the ZPLU section or the School of Government’s 160D Regional Workshops, this website provides useful information and resources that will be valuable as we head into the transition to 160D.
(For the uninitiated, new Chapter 160D will be the state’s new chapter on local zoning and development regulation starting in 2021. It consolidates and relocates the current statutes for local zoning and development regulations that are now located in Chapters 153A and 160A.)
N.C. Court of Appeals (i) further clarifies conditions which demonstrate bias by a quasi-judicial decision maker, and (ii) clarifies the burden of expert testimony required to overcome a prima facie showing of entitlement in quasi-judicial proceedings.
This case involves an application by several property owners (the “Petitioners”) for a conditional use permit (the “CUP”), permitting Strata Solar (“Strata”) to build a solar farm on a portion of the Petitioners’ properties. Several neighbors (the “Intervenors”) sought to intervene, arguing that the Lincoln County Board of Commissioners should deny the Petitioners’ CUP application on the grounds that the solar farm would substantially injure the value of adjoining or abutting properties. Petitioners argued that the Lincoln County Board of Commissioners and the superior court erred in denying the Petitioners’ motion to recuse a Commissioner from participating in the review of and decision on Petitioners’ CUP application where that Commissioner had advocated against the CUP prior to taking office and had presented his own evidence against the CUP after taking office.
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On June 28, 2019, the General Assembly ratified Senate Bill 355, (S.L. 2019-111), titled “An Act to Clarify, Consolidate, and Reorganize the Land-Use Regulatory Laws of the State.” The Act, comprised of two parts, does a number of noteworthy things. First and foremost, Part II is the much-anticipated addition to the General Statutes, Chapter 160D, which consolidates and reorganizes the municipal and county land-use planning and development statutes into one chapter. Fortunately, the broad changes found in Chapter 160D do not become effective until January 1, 2021, giving land-use attorneys plenty of time to become familiar with the new statutes. Read more
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Members of the Sports & Entertainment Law (“SEL”) section found the following recent third party articles to be of potential interest to the section. Feel free to reach out to the SEL section communications chairs (Kelly Ryan, [email protected]and Amanda Whorton, [email protected]) if you would like to submit either personally written pieces or other third party articles found that would be of interest to the entire SEL section members.
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Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
NCBA IPL Section Blog News Blasts for Feb. 4, 2019
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Kelly Jones joins Nexsen Pruet’s Business and Commercial Litigation group as a member attorney.
Tonya Powell joins Nexsen Pruet’s Real Estate group as a member attorney. Her practice focuses on commercial real estate, banking and finance, and corporate law. Tonya is a board certified specialist in Real Property Law Commercial.
David McCallum joins Nexsen Pruet’s Corporate and Tax group as special counsel. His practice focuses on assisting clients in matters involving the IRS Appeals Office and the IRS Tax Court.
Last year marked the fifth year that the Pro Bono Committee of the NCBA Bankruptcy Section presented one of its members with the Outstanding Achievement in Pro Bono Award. Prior award winners include Ciara Rogers (2015), Jennifer Bennington (2016), Matt Crow (2017), and Michael Martinez (2018). Our committee reviewed several incredible nominations, and narrowed it down to the 2019 recipient, Lance Martin with Ward & Smith in Asheville, NC.
Lance received his JD from Tulane University Law School in 1995. He is a Section member, serves on the Bankruptcy Council and is board certified in Business Bankruptcy. He has worked with Pisgah Legal Services in the Mountain Area Volunteer Lawyers Program as a volunteer attorney since 2011. Pisgah Legal Services provides free civil legal aid to more than 16,000 people in Western North Carolina each year. Lance was recently honored with their Outstanding Volunteer Lawyer Award. Our congratulations goes to Lance for his dedicated service.
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This article has been republished with permission from Ropes & Gray.
One of the many unanswered questions associated with the United Kingdom’s departure from the European Union on 31 January 2020 is the future use of sanctions as part of the United Kingdom’s foreign policy playbook. From the time of Brexit on 31 January 2020 until 31 December 2020, OFSI has confirmed that the United Kingdom will continue to apply all current EU sanctions. At the end of this period, the United Kingdom will be free to alter the extent to which the EU sanctions program is applicable in the United Kingdom. As discussed further below, while UK and EU officials have said they intend to coordinate as much as possible on sanctions policy, the UK government has provided some indication that it will use Brexit as an opportunity to carve its own path and potentially strengthen its sanctions regime. A related key question will be whether the United Kingdom will align itself to the United States’ or the European Union’s policy on Iran, or adopt its own position.
The Sanctions and Anti-Money Laundering Act 2018 (“SAMLA”), the cornerstone of the United Kingdom’s new autonomous sanctions regime, gives the United Kingdom the power to diverge from EU sanctions in a number of critical ways. SAMLA will also provide a post-Brexit mechanism for the United Kingdom to satisfy its obligation to impose UN sanctions. During transition, UN and EU sanctions will continue to be implemented in the UK through EU law.
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Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:
Nexsen Pruet Hires Three New Raleigh Attorneys
Tonya Powell joins Nexsen Pruet’s Real Estate group as a member attorney. Her practice focuses on commercial real estate, banking and finance, and corporate law. Tonya is a board certified specialist in Real Property Law Commercial.
David McCallum joins Nexsen Pruet’s Corporate and Tax group as special counsel. His practice focuses on assisting clients in matters involving the IRS Appeals Office and the IRS Tax Court.
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