Diversity, Equity, & Inclusion (DEI) Series: Cross-Cultural Lawyering

By Niya Fonville

As humans, we are multi-dimensional beings made up of several identities, including race, ethnicity, national origin, gender, gender identity, sexual orientation, and ability. Cultures are inextricably connected to these identities and are learned from what we see, read, hear and experience. We carry them with us wherever we go and, collectively, they make up who we are at any particular point in our lives. They may influence our decisions, impact our lived experiences, play a role in how we choose to engage with others, and provide the lens through which we see the world. Acknowledging this truth is a good starting point when engaging in equity and inclusion work.

As chair of the Pro Bono Committee’s Diversity, Equity, & Inclusion subcommittee, I am pleased to announce the launch of a multi-part blog series surrounding DEI issues in legal work. Each entry will provide a high-level view of a resource relevant to a particular topic, which we encourage you to review as a follow up. While many of the topics may relate to sects of the population that are served by pro bono projects, historically under-supported communities, the information presented is not exclusive to pro bono work and should be applied as you engage with any client.

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Paralegal Spotlight: Bonnie Thayer Dubier

By the Communications Committee

Paralegal Spotlight is the Division’s monthly publication designed to share Division members’ stories with colleagues, inspire present and future paralegal professionals, and strengthen awareness of the profession and association.

Each month, we select one amazing paralegal from among our membership and ask them to share a little bit about their personal and professional life. Join Paralegal Spotlight as we learn more about member talents, skills, personal and professional goals, technology tips, accomplishments, volunteer work, and more.

This month’s Paralegal Spotlight is on Bonnie Thayer Dubier.

Position Title: Director of Personnel/Mediator.

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NCBA WC Section Update – January 2021

By Barry Jennings

I hope everyone had an enjoyable holiday season despite all the challenges we continue to face from this enduring pandemic. The Workers’ Compensation Section of the North Carolina Bar Association held its quarterly meeting on January 26, 2021. Several updates came out of the meeting and I wanted to share them with everyone.

Next week, beginning Thursday afternoon, February 4, 2021, the Section is holding its Spring CLE event. This event would typically be held at the Grandover in Greensboro but will be broadcast virtually this year. If you have not signed up, more information can be found here. Jeanette Byrum and Sherman Criner have put together an outstanding program this year with many varied topics. Additionally, if you are a Section member, you will receive a reduced rate!

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Calling for Content!

PJ Puryear

Adam Banks

Tandy Mathis

By PJ Puryear, Adam Banks, and Tandy Mathis

Since the last 27 days didn’t give you much bandwidth to absorb any more new information, you may have missed the fact that we haven’t posted any new content to the blog yet. Our goal is to have a new article up every week, so we are already behind schedule. Which is partly why we are now calling on you!

The success of this blog depends on our members sharing their knowledge and experiences, as well as upcoming opportunities and events. Posting to the Litigation Section Blog is not only a good way to make sure your colleagues are informed, but to make sure they know who you are. All of us have likely seen referrals from other counsel, and showing your knowledge here can help you with that endeavor.

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COVID-19 Checklist – Issues to Consider for Commercial Real Estate Purchase Contracts and Closings

By Margaret Shea Burnam

What we learned in 2020 was to expect the unexpected. Prior to February of 2020, who would have predicted the impact of a pandemic in general, let alone COVID-19 in particular, when drafting commercial real estate purchase contracts? Likewise, who would have predicted the impact of COVID-19 on due diligence, loan documents, and closings?

In the immediate aftermath of the initial impact of COVID-19 in the U.S., focus was on whether COVID-19 was within the scope of a force majeure clause or whether COVID-19 could reasonably be construed as an “Act of God.” Attorneys debated whether the governmental “stay-at-home” orders and other similar regulatory orders fell within the legal impossibility and/or frustration of purpose doctrines. Since then, what lessons have we learned?

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Mere Retention of Property of the Estate Does Not Violate Section 362(a)(3)

By Landon G. Van Winkle 

On January 14, 2021, the Supreme Court of the United States handed down its opinion in City of Chicago, Illinois v. Fulton, where the Court addressed a single issue: whether an entity in mere possession of property in which a bankruptcy estate has an interest has an affirmative obligation under the Bankruptcy Code’s automatic stay, 11 U.S.C § 362, to return that property to the debtor or trustee immediately upon the filing of the bankruptcy petition.

Background

The case arose from four separate chapter 13 bankruptcy cases in which the debtors sought to regain possession of their vehicles from the City of Chicago, Illinois (“City”), which had seized and impounded the vehicles prepetition due to unpaid parking tickets and similar traffic fines. The bankruptcy court held in each case that, by refusing to return possession of the vehicles to the chapter 13 debtors upon post-petition request, the City had “exercised control” over property of the estate in violation of 11 U.S.C. § 362(a)(3). The bankruptcy court ordered the City to return the debtors’ vehicles and imposed sanctions for the City’s violation of the automatic stay. The cases were consolidated and certified for direct appeal to the U.S. Court of Appeals for the Seventh Circuit. The Seventh Circuit affirmed the bankruptcy court, relying on its prior holding in Thompson v. General Motors Acceptance Corp., that a creditor must return a debtor’s vehicle upon the filing of a petition for bankruptcy to comply with the automatic stay.

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The Bluebook Club – Back by Popular Demand

By Amie Sivon

Join us for our next Bluebook Club meeting! Sign up now to join a small group of other appellate-minded attorneys in a special Zoom social meeting. You can choose from two dates (or join us for both). Each registrant will be assigned into a small group of 3-6 other participants for a quick and fun discussion over your lunch break. No need to fear those dreaded, awkward Zoom silences — we’ll provide appellate-oriented icebreakers to kick-start your discussion. Whether you attended one of our fall sessions or are a new participant, we would love for you to join us!

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YLD e-Blast: January 2021

Christina Cress

Claire O’Brien

By Christina Cress and Claire O’Brien

Dates to Know

Jan. 28, 2021 | Law Student Networking Event | 5 to 6 p.m.

Jan. 29, 2021 | Insurance Law Section CLE & Annual Meeting | 8:25 a.m. to 4:45 p.m.

Feb. 4, 2021 | Antitrust & Complex Business Disputes Law Section CLE | 7:55 a.m. to 5:00 p.m.

Feb. 11, 2021 |Mingling with Membership: Crafting Enforceable Settlement Agreements at Mediation: Paths and Pitfalls | 4 to 5 p.m.

Feb. 28, 2021 | Deadline to Submit YLD Writing Competition Entry | 5 p.m.

March 11, 2021 | Mingling with Membership: Movies About the Law | 4 to 5 p.m.

March 18, 2021 | Estate Planning Section CLE | 8:55 a.m. to 4:10 p.m.
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Thoughts on the Upcoming Elder Law Symposium

By John R. Potter 

The agenda will be released shortly for this spring’s Elder Law and Special Needs Symposium, which will be provided by webcast. When the Symposium planning began, the Elder Law Section Council had been hoping that life would be sufficiently normal for everyone to gather together for fellowship and to trade war stories in addition to receiving some great education. Obviously, things have not returned to normal yet, and we will have to look forward to an in-person symposium next year.

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Checking In: Jan. 19, 2021

Compiled by Jessica Junqueira

Kettering Foundation Announces New Vice President, Treasurer, and CFO

Jack L. Harper will serve as Vice President, Treasurer, and CFO of the Kettering Foundation. Harper has more than 27 years of public and private experience in tax law and corporate governance. In this position, Harper will oversee the foundation’s finances as well as play a role in the foundation’s work on democracy-related research. As a former Senior Director with Walmart, he was responsible for tax planning and led federal and state tax audit teams. Harper established Walmart’s Global Tax Controversy Center of Excellence. A Certified Public Accountant, Harper served as Chair of the North Carolina Bar Association’s Tax Section. He received a Bachelor of Science in accounting from North Carolina Central University, a Master of Science in taxation from Colorado State University, and a Juris Doctorate, with honors, from North Carolina Central University School of Law.

New Associate Joins the Law Offices of Anna Smith Felts, PLLC

Charles “Charlie” Gray has joined the Law Offices of Anna Smith Felts. His areas of practice are criminal and traffic law, and he is especially interested in criminal defense. He received a bachelor’s degree in political science and a minor in biological sciences from North Carolina State University, a Juris Doctorate from Campbell Law School, and a Master of Laws from Nottingham Law School.

Bradley Arant Boult Cummings LLP Announces New Partner

Matthew S. DeAntonio is now a partner at the Charlotte office of Bradley Arant Boult Cummings LLP. DeAntonio focuses on litigating in matters of intellectual property and complex business disputes. He represents clients in high-stakes trademark infringement cases at the trial court and on appeal and litigates complex business disputes in a variety of commercial settings. DeAntonio also leads the firm’s Franchise and Distribution Practice Group. He earned his Bachelor of Science, cum laude, from the University of South Carolina and his Juris Doctorate, cum laude, from the University of South Carolina School of Law.
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