By the Communications Committee
In this post, we provide several recent articles related to administrative law. We have not highlighted articles in quite a while, so some of these articles may be older. In addition, note that some articles may be behind paywalls, but usually, the paywalls allow one to four articles to be viewed before you “hit the wall.”
Among the tax-free reorganizations authorized by Section 368 is the F reorganization. Section 368(a)(1)(F) defines this type of reorganization as “a mere change in identity, form, or place of organization of one corporation, however effected.” This section prevents tax liability upon certain common changes in a business, including changes in a corporate name, reincorporation of a business in a new state, and changes of the form of the business for state law purposes that do not change the tax treatment of the business. F reorganizations are also valuable in certain complex transactions as a way to reposition companies as part of a merger or acquisition. Although the statute refers to one corporation, the legislative history explains more than one entity may be involved in the transaction so long as only one operating company is involved.
On August 10, 2022, President Joe Biden signed into law the Sergeant First Class Heath Robinson Honoring Our Promise to Address Comprehensive Toxics (PACT) Act of 2022. The PACT Act was championed by Senate Veterans’ Affairs Committee Chairman Jon Tester (D-Mont.) and Ranking Member Jerry Moran (R-Kan.). This bipartisan effort was the largest single bill in American history to address our service members’ exposure to burn pits and other toxic substances. Among its many provisions, this bill will provide much-needed access to health care and disability benefits for veterans harmed by certain toxic exposures, including water contamination at Camp LeJeune. Read more
Are you looking to broaden your knowledge of family law?
Are you in need of CLE hours?
Have you missed the excitement of attending a fun-filled, in-person CLE with your favorite family law colleagues?
If you answered “yes” to any of these questions, you’re in luck – registration for the 2022 Family Law Fall CLE Program is happening now! Here’s what you have to look forward to (in addition to seeing all of your favorite family law friends):
Assumptions and Presumptions and Suppositions, Oh My! 2022 Family Law Fall Program
September 9, 2022 – Hilton Charlotte Uptown Hotel
We encounter assumptions, presumptions, and suppositions nearly every day in the practice of family law. Some of these are set out in statutes, some are derived from case law, and some come from local practice or personal experience. Read more
By the Communications Committee
Zoila Sorto-Guzman v. Merrick Garland. 4th Circuit.
Docket: 20-1762 . Opinion Date: August 3, 2022. Here is an extract from Justia.com’s summary: “An immigration judge (IJ) found Petitioner’s testimony was credible and that one of the death threats she received had a nexus to her statutorily protected right to religion. However, the IJ then concluded that the death threat did not rise to the level of past persecution because the threat never came to fruition. It thus denied her application for asylum and the Board of Immigration Appeals (BIA) affirmed that decision.” 4th Circuit finds failure to apply precedent.
Bartley v. City of High Point, NC 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.
The Health Law Section is pleased to announce the inaugural Health Law Boot Camp CLE, an exciting new program for early-career lawyers, seasoned lawyers looking for a refresher, and other professionals serving the health care industry. Please join your health law colleagues in person for this exciting new CLE program, Friday, October 21, 2022, at the North Carolina Bar Center, 8000 Weston Parkway, Cary, or by Live Webcast. Registration information will be coming soon!
This program is designed for professionals working with stakeholders across the entire health care spectrum, covering cutting-edge topics that are applicable to providers, drug/device manufacturers, payers, digital companies, telemedicine and more.
Topics at the Boot Camp program will include:
Join us as our speakers dive into the most pressing issues facing health care companies and offer practical advice on the nuances of practicing health law.
By 
Peggy Pardue
As a Family Law paralegal, assisting clients with regard to child custody and child support is an important skill used daily. A paralegal may be the first point of contact for a client. Sometimes, when a client comes to your office in the early stage of their case, they are like a deer in headlights. As a paralegal, we can help give them direction and guidance.
Helping a client navigate a child support case can be challenging because there are so many documents necessary. You would be surprised at how many people do not know how to access their financial information, insurance information, or child care information – all of which are necessary to calculate child support. It is the paralegal’s duty to walk them through how to obtain this type of information. Another challenge is when the party that has to pay child support is resentful of having to pay. They think they are paying the other person money for that parent to use when in reality, it is for the benefit of the children. Paralegals need to remind clients that child support helps to pay for food, clothing, and housing for their children. Keeping clients focused on the needs of their children is key in a relationship between a paralegal and their client.
Cordon Smart
Environmental law has been a practice in North Carolina since only the 1980s, and the early practitioners in North Carolina are now approaching the end of their careers if not already retired. In the past for the section newsletter, and later the section blog, I have profiled “senior” environmental attorneys Amos Dawson, Charles Case, and Billy Clarke and “mid-career” environmental attorneys Mary Katherine Stukes, Emily Sherlock, and Amy Wang, thinking that profiles of veteran environmental attorneys may be of interest to those relatively new to the members of the Environment, Energy & Natural Resources Law Section. Recently, I asked past section chair Amy Wang of Ward & Smith for a recommendation of a younger attorney to profile, and she suggested Cordon, who is entering his second year on the section council.
By
Ketan Soni
Thanks for reading this post and for allowing me to be your Chair this year. Don’t sit on me too hard, please! Our esteemed and more likeable Vice Chair is Jill Jackson.
If you’d rather not go through this entire post, there is a tl;dr version at the bottom.
After reading this post, ask yourself:
“What’s stopping me from contributing to the success of our section?”
By Wells Hall
Bob Mendenhall
Bob Mendenhall, former Chair of the North Carolina Bar Association Tax Section, passed away on July 14, 2022, at the Charlotte Rehab Center, one day before his 68th birthday. His obituary is available here.
When I spoke to Bob shortly before his death, he told me about his surgery to remove a blood clot after a head injury resulting from a fall in late May. He knew that his recovery would take some time, but he looked forward to resuming his law practice at Holland & Knight in Charlotte. He shared with me his daughter Lauren’s summer plans prior to her junior year at Elon. He was so proud of her. Read more
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