Welcome to a New Bar Year

By Erin Blondel

Welcome to a new bar year as a member of the Appellate Practice Section. After an unusually challenging year for so many, I look forward to spending more time together as we build on the section’s tradition of excellent programing and services.

I want to warmly thank Stephen Feldman for his excellent leadership as chair last year. I am honored to assume responsibility as chair after several years on the section council and in section leadership. I am currently an academic fellow at Columbia Law School researching criminal law and policy after serving seven years as an assistant United States attorney in the Eastern District of North Carolina.

Section leadership is already working on planning many interesting events, and we will provide more information you as they draw nearer. In the meantime, please note some key dates for this year:

  • September 23, 2021: Section council meeting
  • December 2, 2021: Section council meeting
  • March 11, 2022: Section council meeting
  • April 27, 2022: Annual meeting and CLE
  • June 2, 2022: Section council meeting

If you are interested in becoming more involved in the section or have suggestions for programs or events, please contact me at [email protected]. If you would like to remain a section member for this bar year and have not already renewed your section membership, please try to do so by the end of August.

Thank you for the opportunity to serve as your chair this year. I look forward to working with all of you.

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Two Administrative Law Podcasts to Listen to Today

Pull out your ear buds. Now you can listen and learn about administrative law. There are some pretty interesting podcasts about administrative law out there. Here are two examples of groups putting out administrative law podcasts. If you know of more, please share them by putting a note in the Administrative Law forum.

1. “A Hard Look”

“A Hard Look” podcasts are from the ABA’s Administrative Law Review, published by students at American University Washington College of Law and the ABA Administrative Law & Regulatory Practice Section. Here are four samples (they also provide the transcripts):

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Education Section – Welcome!

By Kris Caudle

Dear Members of the Education Law Section:

Welcome to the 2021-22 bar year! I look forward to working with you, our Council members, and committee chairs this year, and I want to thank our committee chairs for volunteering their time to invest in our section.

My hope is that everyone will take the chance to get involved in the section. Among other activities, our section has committees for CLE planning, LIFT (Law Institute for Teachers), and legislative updates. Our great committee chairs would welcome your help. If you are interested in assisting with a committee, please let me know and I would be happy to connect you with the committee chair.

One of my goals this year is to make our section more visible to other sections of the NCBA and the public. To that end, I hope to promote more collaboration with law students interested in our practice area. If you have ideas for blog posts, networking events (in-person or virtual) or collaboration with the public, please do not hesitate to contact me with suggestions.

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Be Careful What You Ask For: Pension Jurisdiction and Military Divorce

By Kristopher J. Hilscher

The following is a hypothetical illustrating problems and interplay between pension jurisdiction and divorce for military servicepersons.

The Initial Problem

Lisa approached Tom. The time had come. It was the “D” word they’d been avoiding. No, not a new dog . . . Lisa wanted a divorce. Tom knew the divorce would be complex as Tom served in the Army Reserves for nearly 15 years. Why now? What about the children? What about the house they bought last year? Despite Tom’s many thoughts and issues with the divorce, he knew it was time to call a lawyer and determine the best path between two places: marriage and divorce.

Tom’s lawyer Bill, as with most lawyers, advised him to file an action against Lisa requesting the relief Tom wanted such as seeing his children on a regular basis and obtaining a reasonable division of assets. Bill and Tom did not know that they may have inadvertently decided an important issue regarding Tom’s retired pay by filing.

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Checking In: August 17, 2021

Compiled by Jessica Junqueira

First Citizens Bank Welcomes Matthew G.T. Martin As Chief Counsel

Matthew G.T. Martin has joined First Citizens Bank as chief counsel. He will oversee corporate and general bank legal functions and litigation management, and he will advise executive management and its corporate board on legal matters. Martin will also serve as Corporate Secretary to the First Citizens BancShares Board of Directors. Before his role with First Citizens Bank, Martin was the U.S. Attorney for the Middle District of North Carolina, and as part of this role, he led the U.S. Department of Justice prosecution office. Martin has prior experience as Associate General Counsel of Duke Energy. He received a J.D. from the University of North Carolina School of Law, where he was the editor in chief of the North Carolina Law Review, and a bachelor’s degree from the University of North Carolina.

Attorneys Join Michael Best & Friedrich LLP

Brian AssessorBrian Assessor has joined the firm as a senior associate attorney. Assessor helps companies obtain patent protection for their computer and software technologies. He oversees U.S. and international patent drafting and prosecution in a number of technical areas including hardware, software, network infrastructures, semiconductors, and more. Assessor has previous experience in international law and intellectual property law, and he worked as a patent examiner at the U.S. Patent and Trademark office. He holds a J.D. from the University of Baltimore School of Law and a B.S. in computer engineering with a concentration in cognitive science from Villanova University.

Deborah Gerhardt has joined Michael Best as of counsel and will work in the Intellectual Property practice group. She represents a variety of clients who include Fortune 500 corporations, small businesses, nonprofits, museums, and more. She was in private practice for nearly 10 years before becoming a professor of law at the University of North Carolina School of Law. While practicing with Michael Best, she will continue to work as the Reef C. Ivey II Excellence Fund Term Professor of Law at UNC School of Law. Gerhardt received a J.D., cum laude, from Case Western Reserve University School of Law, and she holds an A.B. from Duke University. Read more

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Welcome to a New Bar Year!

By Amy E. Richardson

“I believe in hope. I believe in BELIEVE.” – Ted Lasso

When I started to practice law in North Carolina, the Litigation Section was critical to making me feel at home. It was a source of information, legal education, professional connections and friendships. My goal as Section Chair this year is to provide those same opportunities and connections to you as members of the section.

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Kernodle-Hodges Receives the Paralegal Division’s Endorsement for the NCSB Board of Paralegal Certification

By Shawana Almendarez

NCBA Paralegal Division Special Nomination Committee

The Notification

On June 23, 2021, the North Carolina State Bar Board of Paralegal Certification (hereinafter “Board”) notified the Paralegal Division (hereinafter “division”) of a call for nominations pursuant to 27 N.C.A.C. Chapter 1G – Section .0105 to fill an upcoming vacancy on the Board.

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Statutes of Collections for Federal and North Carolina Taxes

By John G. Hodnette

For administrative convenience, federal and North Carolina law both provide that after a specific period of time, uncollected taxes are written off and released. This provides some relief for taxpayers who owe taxes for years long past as well as preventing tax agencies from fruitlessly pursuing old and cold liabilities.

Section 6502 provides the federal collection time limit, stating the collection statute expiration date (“CSED”) is 10 years after the assessment of the tax. There are certain events that extend the date as provided in Section 6503, including the taxpayer’s bankruptcy, spending time outside the United States, and filing a collection due process appeals hearing request. Before the expiration of the CSED, the IRS can seek to extend the 10-year period. However, it rarely does that.

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NCBA YLD’s Lunch and Learn Series Wins ABA Award of Achievement

By Lisa Arthur

On Tuesday, August 3, 2021, the NCBA YLD accepted the ABA Award of Achievement in the “Single Project: Service to the Bar” category. This award continues the NCBA YLD’s winning streak in taking home an ABA Award of Achievement every year, and we are grateful for this honor.

The Lunch and Learn Series is the brainchild of our fearless Division Director, Sheila Spence, who crafted the project in response to requests from young lawyers about potential career paths in the legal profession. Sheila created four virtual panels held during the lunch hour on the following topics: sports and entertainment law, going in house, working in nonprofits, and working in BigLaw.

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North Carolina Statutory Changes

By Anthony D. Nicholson

For Elder & Special Needs Law attorneys, there are some significant new North Carolina statutory changes we need to be aware of. Would you like to file all your probate, guardianship and other court filings online? I hope so. Soon you will be required to do so. Tired of going through the full guardianship process for a single transaction and then undoing the guardianship when the transaction is completed? There is a new fix for that. The basics are below. For a more detailed description of the statutory changes, see the Legislative Update section of the manuscript for the 2021 Annual Estate Planning & Fiduciary Law Program.

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