Greetings from Your Section Chair

By Tammy NicholsonTammy Nicholson is a Black woman with shoulder-length black hair and brown eyes. She is wearing a black and white patterned shirt, a bright blue blazer, and tortoise shell glasses. She is pictured smiling and standing against a white background.

Welcome to a new bar year! Your membership is greatly appreciated and valued.

It is my honor and pleasure to serve as your section Chair for the 2022-2023 bar year.  Our section leadership team is committed to continuing our tradition of offering exciting events, from our annual CLE in January, to our Thought Leadership event in the spring and networking and pro bono activities throughout the bar year. We are also very hopeful that we will be able to come together in the fall for our first in-person event in two years! We are planning a new, exciting, and engaging program.  We can’t wait to share more details with you in the upcoming months!

Joining a Committee

Our committees are responsible for executing on the section’s goals and objectives. The good work of our committees results in our successful events and programming. The committees have already begun planning their activities for this bar year, so if you are interested in being a member on any of our amazing committees listed below, or learning more about any committee’s work, please let me know. We are always looking for new committee members who can add new and diverse ideas and thoughts. Committee work also establishes an opportunity to network with other members and to be a part of section leadership. Committee work is virtual, so do not allow travel to be a barrier to you joining a committee!

CLE
Communications
Ethics
Legislative
Knowledge Resource
Membership
Pro Bono

Renew Membership

If you have not done so already, please renew your NCBA membership for this bar year and be sure to join the Corporate Counsel Section – the deadline to renew is July 31!

Corporate Counsel Community

We have learned over the last two years how important community is during difficult times. We look forward to making our Corporate Counsel Section community even stronger, as we re-establish friendships and make new ones. Please check out the NCBA website’s Corporate Counsel Community page to learn more about our section, and to stay in touch on our activities and connect with fellow section members.

Please do not hesitate to reach out to me directly if you have ideas on section events or any ideas on how we can continue to add value to your membership. I look forward to a fantastic year serving as your Chair!

/by

Welcome to a New (Bar) Year

By Ryan FairchildRyan Fairchild is a man with brown hair and a beard. He is pictured wearing a white and blue plaid button-down shirt. He is smiling and standing in front of green trees.

Dear Members of the Sports & Entertainment Law Section:

I am so honored to have the privilege to serve as chair of the section this bar year.

For those who don’t know me: I am a lawyer in Wilmington with a practice focused on esports and content creators. I started my career by clerking for James C. Fox here in the United States District Court for the Eastern District of North Carolina before joining Brooks Pierce, where I litigated a variety of matters and built my current practice. Last September, I joined former section chair Brandon Huffman and the crew at Odin Law and Media. I also spent the better part of the last year doing business operations for a video game startup.

Read more

/by

What is an Investment Partnership?

John Hodnette is a man with brown hair and blue eyes. He is pictured wearing a dark blue jacket, white shirt, and pale blue and pink plaid tie. He is smiling and standing against a grey background.By John G. Hodnette

As discussed in my January 12, 2022, blog post, Section 731(c) generally treats marketable securities as money in determining gain or loss on a distribution to a partner. Section 731(c)(3)(A)(iii) provides an exception in the case of marketable securities held by an investment partnership that are distributed to an eligible partner. But what is an investment partnership, and what is an eligible partner?

An investment partnership is defined by Section 731(c)(3)(C)(i) to mean “any partnership which has never been engaged in a trade or business and substantially all of the assets (by value) of which have always consisted of (i) money, (ii) stock in a corporation, (iii) notes, bonds, debentures, or other evidences of indebtedness, (iv) interest rate, currency, or equity notional principal contracts, (v) foreign currencies, (vi) interest in or derivative financial instruments (including options, forward or future contracts, short positions, and similar financial instruments) in any asset described in any other subclause of this clause or in any commodity traded on or subject to the rules of a board of trade or commodity exchange, (vii) other assets specified in regulations prescribed by the Secretary, or (viii) any combination of the foregoing.”
Read more

/by

Outstanding Paralegal Pro Bono Service Award Winner – Katie Riddle

By the Pro Bono CommitteeKatie Riddle is a young woman with blond hair and grey eyes. She is pictured smiling and wearing a blue shirt, and she is standing against a light background.

In early 2022, the North Carolina Bar Association’s Pro Bono Committee approved a new pro bono award. This award was to recognize a paralegal who has proven to be dedicated to providing pro bono legal services. The qualifications for this award include volunteering “a substantial amount of time in pro bono legal service to increase access to justice.” At the 2022 North Carolina Bar Association Annual Meeting, Katie Riddle was announced as the inaugural winner of this award.

Read more

/by

Checking In: July 26, 2022

New Career Counselors Join Elon University School of Law

Krista Contino Saumby and Alicia Mills joined Elon University School of Law in June. Saumby and Mills will work in the office of Career & Student Development, which will provide services and resources for students as they prepare to enter the practice of law. The office will offer opportunities for students to be mentored, to review their job materials, to practice interviewing, and more.

Krista Contino Saumby is a tall woman with short blond hair. She has teal glasses and is pictured wearing a short-sleeve grey dress with a brown belt. Alicia Mills stands to the right of Krista and is a Black woman with brown hair. She is pictured wearing a maroon shirt with beige pants and a brown belt. Krist and Alicia stand side-by-side in front of a brown bookcase with a plant behind Alicia.

Krista Contino Saumby, left, and Alicia Mills, right.

Contino Saumby joins Elon Law as associate director of career development. Contino Saumby has 15 years of experience as an attorney. She focused her practice on patent law and has experience counseling a number of Fortune 500 companies. She holds a a J.D., cum laude, from the University of Pittsburgh School of Law and a B.S. in electrical and computer engineering from Carnegie Mellon University. She is a deputy regional president for the Hispanic National Bar Association.

Alicia Mills is assistant director of career development. She served as assistant trial attorney in Albuquerque, New Mexico, where she litigated cases for the Bernalillo County District Attorney’s Office. She graduated from North Carolina Central University School of Law, where she was a part of the Trial Advocacy Board and gained experience in the Career Services office as a student aid. She holds a B.A. in political science and criminology from the University of North Carolina at Wilmington.

The Law Offices of Wiley Nickel, PLLC Has Changed Its Name to Nickel & Granados, PLLC

Lindsey Granados is a woman with short medium brown hair. she is wearing a black jacket with a white blouse and necklace. She is pictured in front of foliage.The Law Offices of Wiley Nickel announced that its name is has been changed to Nickel & Granados, PLLC. The law firm assists individuals charged with traffic and criminal matters and provides expungement relief. Wiley Nickel established the firm in 2009, and Lindsey Granados joined the firm in 2020. Granados assisted in expanding the firm’s practice to include high-level felonies in both state and federal courts. She is the Vice President of Wake Women Attorneys and formerly served as president of the association. She also serves the president of the Wake County Academy of Criminal Trial Lawyers. She holds a J.D. from Stetson University College of Law and a B.A., magna cum laude, in political science from Oklahoma Baptist University.

/by

Volunteer to Prepare Expunction Petitions Remotely

Rachel Royal is a young woman with medium blond hair. She is pictured wearing a coral shirt and standing in front of green foliage.By Rachel Royal

On September 24, 2022, the Charlotte Expunction Clinic will again be held at the Mecklenburg County Courthouse. This project is a partnership of the following organizations: the North Carolina Pro Bono Resource Center (PBRC), the SelfServe Center, and the Mecklenburg County Clerk of Superior Court’s Office, District Attorney’s Office, and Public Defender’s Office. During the clinics, volunteer public defenders offer advice to applicants regarding their eligibility for expunction relief under North Carolina law.

Read more

/by

Quid Pro Quo: Charity Disclosure Requirements

John Hodnette is a man with brown hair and blue eyes. He is pictured wearing a dark blue jacket, white shirt, and pale blue and pink plaid tie. He is smiling and standing against a grey background.By John G. Hodnette

Section 6115 imposes a disclosure requirement on charitable organizations that receive quid pro quo contributions in excess of $75. A quid pro quo contribution is a payment made partly as a contribution to the charity and partly in consideration for goods and services provided to the payor by the charitable organization. The disclosure by the charity to the payor must include (i) a statement informing the donor the amount of the contribution deductible for federal income tax purposes is limited to the excess of the amount of any money and the value of any other property contributed by the donor over the value of the goods or services provided by the donee organization, and (ii) a good-faith estimate of the value of the goods or services provided by the donee organization.

Read more

/by

Recent North Carolina Administrative Law Cases of Interest

By the Communications Committee 

North Carolina Supreme Court

Bartley v. City of High Point, North Carolina Supreme Court, June 17, 2022, Published

Whether the Court of Appeals properly affirmed the trial court’s partial denial of defendant’s motion for summary judgment as to the claims against him in his individual capacity, finding genuine issues of material fact exist concerning whether defendant acted with malice when arresting plaintiff, thereby overcoming the presumption of public official immunity that would otherwise bar such claims against defendant.

Fund Holder Reps., LLC v. N.C. Dep’t of State Treasurer, North Carolina Supreme Court, June 17, 2022, Published, affirming per curiam the Court of Appeals December 31, 2020 decision.

Whether the Court of Appeals erred in affirming the trial court’s order affirming the Treasurer’s declaratory ruling, which concluded that N.C.G.S. 116B-78(d) prohibits property finders from depositing checks into trust accounts for their clients.

The Court of Appeals discusses: the proper standard of review for an appeal from an agency’s declaratory ruling under G.S. § 150B-4; implicitly discusses differences between a general declaratory ruling and a more specific one; and, discusses the impact of the North Carolina Uniform Power of Attorney Act (2019) on the Treasurer’s declaratory ruling.

Read more

/by

Paralegal Spotlight: Jennifer Gaff

By the Communications Committee

This month’s Paralegal Spotlight is on Jennifer Gaff, a Senior Litigation Paralegal at Raleigh Law Center.

Jennifer is a North Carolina Certified Paralegal who has been a paralegal for the past 15 years. She earned her Bachelor of Arts in Political Science from UNC Charlotte, and then later obtained her Paralegal Program Certificate from Meredith College. Jennifer spends her workdays drafting pleadings, discovery, and separation agreements, trial preparation, attending court when needed, calendaring hearings and mediations, and the list goes on. When off the clock, Jennifer likes to go to the gym or to spend time with her family and friends.

We asked Jennifer some questions to better understand this division member’s story:

What do you do to relax (and why)?

I have learned over the past couple of months that I love to grill. So my idea of relaxing, especially after a long hard day, is to sit on my deck with my pups, Bentley and Daisy, with a Truly and a grill dinner.

Read more

/by

Thank You from Corporate Counsel Section Chair Christine Mazzone

By Christine Mazzone

Hello Corporate Counsel Section members,

It has been an honor to serve as Chair of the NCBA’s Corporate Counsel Section for the 2021-2022 bar year. Thank you for your membership in the NCBA’s Corporate Counsel Section and participation in the section’s events and programs this year. From fun networking events (including trivia and Virtual Escape Rooms) and quarterly council meetings to informative and thought-provoking events (such as the section’s annual CLE program Back to the Future: In-House Practice in a Post-Pandemic World, the always popular Thought Leadership event It Takes More than the GC to Make the World Go ‘Round and the Secretary of State Update), we had a jam-packed year. I was happy to interact with so many of our members throughout the year – it is always time well spent.

Read more

/by