Checking In: September 22, 2020

Compiled by Jessica Junqueira

Ketan Soni and Andrew Brendle Announce New Firm, Soni Brendle, PLLC

Soni Brendle, PLLC opened its doors for business in February of 2020. The firm focuses on family law, business litigation, estate planning and dispute resolution and has offices in both Charlotte and Winston-Salem.

Ketan Soni brings 20 years of family law and estate planning experience across North Carolina. His experience includes divorce, separation and premarital agreements, equitable distribution, custody and child support. Ketan frequently mediates for other attorneys as a Superior Court and Family Financial Mediator. He has created the free NC Child Support Calculator, custody calendaring tool, and net income calculator for alimony. Soni has taught CLE and Continuing Mediation Education, including a 40-hour Family Financial Mediation class. Soni graduated from Wake Forest University School of Law with a Juris Doctorate and the University of Illinois at Urbana-Champaign with a Bachelor of Arts in philosophy.

Andrew Brendle is a trial and appellate lawyer and a family law and business litigator. Prior to the firm, Brendle practiced in Charlotte with Hull & Chandler, P.A. Brendle graduated from Campbell Law School with a Juris Doctorate and from Hampden-Sydney College with a Bachelor of Arts in political science.

Patti Ramseur and Alex Maultsby Open New Firm

Patti Ramseur and Alex Maultsby launched Ramseur Maultsby LLP in September 2020, focusing on employment law, after each practiced for over seventeen years with Smith Moore Leatherwood and, more recently, Fox Rothschild. In their new firm, they will continue to engage in employment litigation, counseling, and training. Patti and Alex are longtime North Carolinians. Ramseur graduated from North Carolina State University and Wake Forest University School of Law; Maultsby graduated from Davidson College and the University of North Carolina School of Law.

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DB II: Just When You Thought It Was Safe to Go Back in the Water

By Jeffrey P. Gray 

I almost hate to bring it up. For two to three years, it was all that any of us, as administrative lawyers, heard, almost ad nauseam. For anyone who attended some kind of national group representing occupational and professional licensing boards, there would be a collective groan when the other attendees found out you were from North Carolina.

Yes, that’s right, I am referring to the United States Supreme Court’s opinion in North Carolina Board of Dental Examiners v. FTC, truly a seminal case in the area of administrative law and occupational and professional licensing.

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2020 Short Session Education Legislation

By Brian Gwyn

The General Assembly convened its short session on April 28, 2020, and adjourned sine die on Thursday, September 3. This means any additional legislative sessions for the year would require either the Governor to call the legislature back in session or three-fifths of the legislators in each chamber to request to come back for an extra session.

This blog post reflects legislation ratified before September 2, 2020, so it does not include information on S.L. 2020-97 (HB 1005). Click here for more information about the provisions of that bill.

K-12

S.L. 2020-3 (SB 704) (COVID-19 Recovery Act)

Addresses statutory issues that had to be temporarily modified due to COVID-19, such as the school calendar, standardized testing, and licensure issues.

S.L. 2020-4 (HB 1043) (2020 COVID-19 Recovery Act)

Appropriates funds for COVID-19 support including school nutrition services, a supplemental summer learning program, and electronic devices to support student learning. Read more

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Valuing a Business During a Recession: Using Projected Business Income Without Valuing Postmarital Efforts

By Russel B. Duckworth

During an economic recession, the best tool for valuing a business is a discounted cash flow (DCF) analysis. A DCF analysis is the only valuation method that allows a financial expert to develop customized financial projections for the business that account for both the economic downturn and the eventual recovery. This article describes the DCF analysis. I also address a common misunderstanding about whether it is legally permissible to use financial projections to value a business in an equitable distribution case. As I explain, using financial projections to value a business does not run afoul of the directive found in Poore to value business goodwill “by taking into account past results, and not the postmarital efforts of the professional spouse[.]” Poore v. Poore, 75 N.C.App. 414, 421 (1985). Using a DCF analysis to value a business on the basis of its projected income is perfectly consistent with North Carolina law, as long as the projections account for a reasonable compensation for the business owner spouse.

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Adapting Our Section and Practices to the New Reality

By Rick Conner 

“There can be no life without change, and to be afraid of what is different or unfamiliar is to be afraid of life.” – Theodore Roosevelt

In January, when I began to think about my plans and goals for my term as Chair of the NCBA Litigation Section, I had no idea that COVID-19 would pull the rug out from under me.

The worldwide pandemic unfortunately means that at least for this year, we can’t continue our popular networking socials, group attendance at sporting events, and in-person CLEs. The NCBA recently indicated that no in-person events may be planned for the remainder of the Bar Year (ending June 30, 2021).

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Reminder to Respond to E-Closing Survey

By Brian Byrd

This is a reminder that today is the deadline to submit a response to the Secretary of State’s E-closing survey as described in my blog post of September 4. Your feedback is vital as we consider measures to facilitate remote closings now and in the future. If you have not done so, please take a few minutes to respond to the survey at https://www.surveymonkey.com/r/ZQ3KZ9D [if the survey does not automatically launch, just right click on it, and select “open hyperlink”].

The deadline to submit the survey is today, September 14, 2020.

We appreciate and value your opinions on this important topic.

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The Mediator’s Duty of Confidentiality – When Does It Attach?

By Dauna Bartley

A recent social discussion with a few mediators raised an interesting question that comes up often. When you are contacted to mediate a case, at what point does your obligation to maintain confidentiality attach? Is it when the parties sign and file a designation of mediator? When they sign your mediation agreement? When everyone shows up on the day of the mediated settlement conference?

Answer: Confidentiality attaches immediately, the moment you are contacted in your capacity as a mediator. Read more

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Exciting Opportunity for Paralegals: Become a FINRA Arbitrator

By Alicia Mitchell-Mercer

Becoming a FINRA arbitrator is a great way to leverage your skill set and expand your professional career. If you are a paralegal or other legal professional working in securities litigation and/or arbitration, you have likely heard of FINRA.

What is FINRA?

The Financial Industry Regulatory Authority (FINRA) is an independent, nongovernmental organization that writes and enforces the rules governing registered brokers and broker-dealer firms in the United States. FINRA, overseen by the SEC, writes rules, examines brokerage firms, and enforces compliance with FINRA rules and federal securities laws.

FINRA is dedicated to investor protection and market integrity by regulating brokerage firms doing business with the public in the United States. If brokers break the rules, FINRA has the power to fine them, suspend them or bar them from the industry. In addition, FINRA monitors trading market activity in the U.S. equities, options and fixed-income markets.

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Get Involved with the YLD!

By Kristen Kirby, YLD Chair

Welcome to the 2020-21 bar year! I am honored to serve as your Chair this year and look forward to working with you all to make this an impactful, fun and productive year for the YLD.

Our great YLD programs and initiatives are only made possible through the involvement and service of volunteers like you. I would like to invite each of you to sign up to serve on one of our 14 committees. The committees cover a broad array of networking, community service, pro bono and educational programs – there is something for everyone!

The YLD is divided into four Divisions – Bar Outreach, Community Outreach, Civic Engagement & Pro Bono and Law Student Outreach – each led by a Division Director. Our Division Directors have put together short videos highlighting the Committees in their Division and explaining the work those Committees do.

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Ketan Soni Presents “The New Community Platform”

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By Ketan Soni

What You Need to Know About the New Community Platform

This year, the NCBA has switched to a new online community platform. This new community platform for Sections, Divisions and Councils offers many more features than the previous system. Below is a summary of the basics and what you need to know to utilize this platform and its features.

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