Volunteer Opportunity: NCBA Pro Se Custody and Family Law Advice Clinic

By the Paralegal Division Pro Bono Committee 

The Paralegal Division has partnered with the Family Law Section to hold a Pro Se Custody and Family Law Advice Clinic for residents of Wake County. This clinic is a pilot program, and while it is currently limited to the Wake County area, the hope is that it can eventually be expanded to other counties around the state several times per year. In order for an individual to be assisted in the clinic, the individual must be a resident of Wake County or the biological parent of a child/children who live in Wake County.

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Pro Bono Spotlight: Blaine Sanders

Blaine Sanders

Blaine Sanders

By Allison Standard Constance

Robinson Bradshaw & Hinson, PA’s Blaine Sanders is not only committed to pro bono work in his own practice but in facilitating opportunities for others to serve as well. For over thirty-five years, Sanders has built a litigation practice focusing on commercial, real estate, employment, and sports & entertainment law, and he is a member of the NCBA’s Litigation and Employment sections. His pro bono practice, described by his colleagues as a “tremendous combination of pro bono work,” spans landlord/tenant matters, expungement cases, non-profit work, and more.

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New Proposed Rules for Group Tax Exemptions

By John G. Hodnette

Section 501(a) provides an exemption from income taxation for certain organizations. For decades, the IRS has provided a procedure allowing multiple organizations to receive tax exemption under the same umbrella central organization. Such group exemption process was instituted to relieve the IRS from the burden of individually processing a large number of applications for organizations that are affiliated and operate for the same purpose.

The central organization receives a group exemption letter (“GEL”) granting tax-exempt status not only to itself but also to all of its subordinate organizations. The subordinate organizations are not required to provide individual documentation supporting their exemption. Instead, the central organization attests that the subordinates qualify and provides the information required by the IRS. Common examples of group exemptions are churches, fraternal societies, and other central-hub-style organizations.

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NCBA Government & Public Sector Section Scholarship Experience

By Jericho Cook

I spent this past summer as a legal intern in the Office of the Federal Public Defender for the Eastern District of North Carolina. I have always been interested in public interest, as well as in the role of defense attorneys, and thanks to the $1,000 scholarship provided by the North Carolina Bar Association’s Government & Public Sector Section, I was able to gain invaluable experience in both public interest and in criminal defense.

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Nominate a Deserving Colleague for the Legal Practice Hall of Fame Award!

By Dan Hartzog

You may have seen that nominations for the North Carolina Bar Association’s Legal Practice Hall of Fame are now open and are set to close on March 25, 2022. All of you are busy and have other things to do, but I want to encourage you take a little time to consider this opportunity to nominate a lawyer who meets the criteria for this honor. One thing I can promise you is that it will mean more than you can know to that person – and to his or her family, friends, and colleagues.

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Military and Veterans Law Section Honors John Brooker

By Jocelyn Mitnaul Mallette

The Military & Veterans Law (MVL) Section is proud to recognize professor John W. Brooker as the 2021 recipient of the Kirk Warner Award for Distinguished Service to Military and Veterans. This award recognizes an individual who has provided not only outstanding service to military members and/or veterans, but who also encourages others to do the same.

Brooker’s selfless devotion to military members and veterans was seamlessly borne out of his own selfless service to this nation. Brooker is a 20-year Army veteran who currently serves as the director of the Military and Veterans Law Clinic at the University of North Carolina (UNC) School of Law. He also teaches a variety of courses in the national security law field. Brooker is a 2003 graduate of UNC School of Law.

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Don’t Overlook Key Employment Agreement Provisions During Due Diligence

By Marc E. Gustafson

Having been involved in a fair number of due diligence reviews over the course of my career, I can’t imagine there is a single due diligence checklist that doesn’t include an examination of key employment agreements. And anyone tasked with performing that assessment would certainly check to ensure those agreements include post-employment restrictions for those key employees. Having litigated employment disputes for over 20 years, however, I’ve come to the realization that going just a few steps further than what may be found on the typical diligence list can prevent a lot of headaches, distractions, and costs that so often occur post-transaction.

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Developments in Case Law Concerning Debtor Qualifications Under the SBRA

By Jonathan Dickerson

The Small Business Reorganization Act of 2019 (“SBRA”) provides a new remedy for small businesses looking to use bankruptcy for a fresh start. The SBRA’s streamlined process makes it possible for small business debtors to reorganize and rehabilitate their financial affairs more efficiently.

But, to qualify for reorganization under the SBRA, there are requirements that must be met. Pursuant to Section 1182(1)(A), a debtor interested in restructuring under the act must be “a person engaged in commercial or business activities.” Three elements arise out of that requirement: (i) be a “person,” (ii) “engaged in,” (iii) “commercial or business activities.” Understanding what “person” means is simple enough, since it is defined at Section 101(41) of the Code. The Bankruptcy Code provides no definition for the other elements. As a result, debtors and their attorneys must turn to case law to interpret what those last two elements mean. One such case, In re Rickerson, was decided at the close of 2021 by the Bankruptcy Court for the Western District of Pennsylvania.

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