Checking In: May 28, 2024

Compiled by Jessica Junqueira

Baker Donelson Adds Associate Attorney

David, a white man with black hair, wears a white shirt, blue and pale blue striped tie and navy blue jacket.

David Blue has joined Baker Donelson and practices in the Charlotte office. Blue focuses on complex business disputes, which include commercial contracts litigation, construction litigation and defense of claims brought under the Unfair Trade Practices Act. He earned his J.D., cum laude, from Wake Forest University School of Law in 2021, where he was the business editor of the Wake Forest Journal of Law and Policy. He holds a bachelor’s degree, magna cum laude, in politics and international affairs from Wake Forest University.

Cranfill Sumner Announces New Associate Attorney

DC, a white man with brown hair, wears a white shirt, purple tie and black jacket.

Douglas “D.C.” Conant has joined the firm and is based in the Raleigh office. Conant practices administrative, regulatory and government law. Conant has experience representing clients before regulatory bodies and government agencies, which include the North Carolina Utilities Commission and the Federal Energy Regulatory Commission. He served as a clerk for Judge Jacob E. Reger of West Virginia’s 26th Judicial District. He also was a member of the town council in Flatwoods, West Virginia. He graduated from West Virginia University College of Law in 2020 and holds a bachelor’s degree in philosophy from West Virginia University.

Attorney Joins the Law Offices of James Scott Farrin

Andrew, a white man with brown hair, wears a white shirt, blue tie and black jacket.

Andrew Haynes, a personal injury attorney, has joined the firm. He has worked at major insurance companies and brings seven years of experience in the insurance industry to this role. He is a 2023 graduate from Elon University School of Law, and in 2020, he earned an M.B.A. from East Carolina University. He holds a bachelor’s degree in business administration – finance/risk management and insurance from ECU and served as a peer mentor during college.

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Business Considerations for Facing FTC Non-Compete Ban

By Nicholas E. Williams

On April 24, the Federal Trade Commission voted to enact Part 910 of Title 16 of the Code of Federal Regulations, banning employment-based non-compete provisions and requiring businesses to provide notice to affected employees.[1] While challenges to the FTC’s Part 910 already are underway,[2] if upheld, the regulations will supersede state law and vitiate otherwise valid employment-based covenants not to compete. Unless enjoined, Part 910 will take effect on September 4, 2024.[3] Thus, businesses that have utilized these contractual restrictions need to reevaluate their strategy to protect their businesses’ relationships and information. Businesses should (1) know whether their agreements fall within the scope of Part 910, (2) track challenges to Part 910, and (3) develop strategic plans to address Part 910.

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Taking a Different Path: Alternative Legal Careers

Maya, a Black woman with black hair, wears a white blouse and maroon blazer.By Maya Davis

On March 22, 2024, the New Lawyers in Practice Committee of the North Carolina Bar Association hosted a panel event: “Taking a Different Path: Alternative Legal Careers.” The dynamic panel included the following speakers: Alexandra Davis, Managing Editor at Public Discourse; Debra Hamilton, Certified Mediator (Animal Conflicts); Kearra Richardson, Project Review Analyst; Sarah Clayton, Director of ADR at the American Arbitration Association; and Najib Azam, Senior Risk Manager at UBS.

Every story has a beginning, and at the beginning of the event, panel attendees first learned about the pivotal moment, or moments, that led the panelists to choose an alternative career path. While some panelists knew right away that they didn’t want to practice or litigate, some panelists litigated and stepped away from litigating after several years. A common thread seemed to be that everyone found their perfect niche and had a unique story to finding that path, whether they discovered it immediately after law school or years later.

Another commonality every panelist shared was the benefit of having a Juris Doctor (J.D.) degree. Najib Azam believes this degree can set you apart in non-attorney roles. The J.D. will often lead people to hold you to an esteemed degree, but with great power comes great responsibility. Going through the rigor of the law and the bar often reflects the analytical and problem-solving skills people have. Kearra Richardson and Debra Hamilton encouraged the guests to obtain additional certifications which will allow for greater knowledge, new skills, and better communication in an ever-changing society.

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Power Hour: Who Needs It?

Kimberly, a Black woman with black hair and clear glasses, wears a blue blouse and jacket with sparkles and a white beaded necklace.By Kimberly M. Johnson

Is there a reason why you have not registered and viewed the latest Power Hour?

Is it the time?

It always starts at noon.

Is it the topic?

The Power Hour sessions look into an interesting array of topics. In our most recent Power Hour, Judge Dietz shared his knowledge about appellate work. Previously, Attorney Kayla Britt, our  #FairyLawMother, talked to us about LinkedIn etiquette. There have also been other Power Hour sessions about inclusion in the workplace and skills to become a better negotiator. If you have ideas for speakers or power hour sessions, you can email the NCBA Paralegal Division to submit your suggestions.

Is it the location?

All Power Hour sessions are available in a virtual space with other paralegals and students.

Is it all the things?

I know. I know. You are pulled in many directions at work: managing attorneys, legal assistants, admin staff, the copier guy, etc.; organizing workflow processes and court schedules; calming down frantic clients; and more.

It can also be that you do not have the bandwidth, or quite frankly, the energy to learn a new concept, refresh your knowledge base or engage with people you don’t even know. Each session gives you the opportunity to improve your work and become an even bigger asset to your firm.

An “In Case You Missed It” video replay is a great way to see our most recent sessions and catch your interest. You can check one out, such as the #FairyLawMother and The Art of Negotiation.

Here’s the deal: you are a paralegal of the 2000s. When you attend Power Hour sessions, you will get the opportunity to catch up with the latest trends, tools, and ethics content. You get the chance to interact with speakers and other paralegals. And you get to learn and implement new skills to better your paralegal work.

So, when the next Power Hour e-flyer is sitting in your inbox, ask yourself: who needs it?

The answer: you do.

Kimberly M. Johnson is a member of the Paralegal Division Council. She is the Chair of the Ethics Committee. She is a member of the Pro Bono and CPE Committees, along with Women in the Profession and the Elder Rights and Special Needs Committees.

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The Paralegal Division Blog is managed by the Division’s Communications Committee. Via the blog, the Communications Committee provides information written by attorneys, paralegals, and other experts designed specifically for paralegals in the areas of substantive law, ethics, technology, paralegal practice advice, and more. If you are interested in signing up to submit a blog post on a future date, you can do so here. When you are ready to submit a blog post, you can do so by using this form.

You may also wish to participate in the Division by using our virtual suggestion box to submit suggestions/ideas to the Division Council, nominating a paralegal for Paralegal Spotlight, or completing the Paralegal Spotlight Questionnaire if you are nominating yourself. If you are interested in volunteering with the Communications Committee, please contact the Communications Committee Chair at [email protected]. If you are interested in joining other division committees, you can review a list of committees and sign up here.

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In Memoriam: Attorney Donald “Don” Kenneth Tisdale Sr.

Stacey, a Black woman with black hair, wears black-rimmed glasses, a white blouse, black jacket and gold jewelry.By Stacey D. Rubain

Retired Attorney Don Tisdale of Winston-Salem passed away peacefully at his home on April 30, 2024, with his devoted wife, Vicki, and son Ken, also an attorney in Winston-Salem, by his side. Don grew up in Saxapahaw, North Carolina, and graduated from Walter Williams High School in Burlington. He earned both his Bachelor of Arts and Juris Doctor from Wake Forest University. Following his law school graduation in 1968, Don worked in private practice in Winston-Salem until 1974, when he was elected the youngest District Attorney in Forsyth County history, at the age of 32. He went on to serve three terms, and during his tenure, helped to establish North Carolina’s Victim Assistance Network (NCVAN). Don ended his career as a founding partner of the law firm of Grace, Tisdale & Clifton, in Winston-Salem. One of his greatest pleasures was when his son, Ken, joined the practice.

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Transfers of Property Between Divorcing Spouses

John, a white man with dark brown hair, wears a pale blue shirt, lime green and blue tie, and black suit. By John G. Hodnette

Prior to the Tax Cuts and Jobs Act of 2017, transfers between spouses or former spouses incident to divorce were treated as either (a) nontaxable transfers under Section 1041 or (b) alimony or separate maintenance payments under Section 71. Under that prior regime, alimony payments under Section 71 were included in the taxable income of the recipient and resulted in an income tax deduction for the payor. The 2017 Act repealed Section 71 and its corollaries, Sections 62(a)(10) and 215, which provided the deduction for the payor of alimony. Although most states follow the current Internal Revenue Code, some do not. Accordingly, in some states, alimony is still taxable to the recipient and deductible by the payor for state income tax purposes.

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O.J. is Dead, But Our Duty to be Zealous Advocates Endures

Stacey, a Black woman with black hair, wears black-rimmed glasses, a white blouse, black jacket and gold jewelry.By Stacey D. Rubain

The recent death of O.J. Simpson brought out reflections by many on the 1994 murders of Nicole Brown Simpson and Ronald Goldman, and the enrapturing period that ensued. From the white Ford Bronco slow-speed police chase to the image of Johnnie L. Cochran Jr., wearing a black knit cap while arguing before the jury, many of us were glued to our televisions for over a year because of the larger-than-life image that Simpson held in American pop culture. And while even in death, O.J. Simpson remains a polarizing figure, his double-murder trial, famously dubbed the “Trial of the Century,” remains one of the most fascinating trials in American history. It changed the public’s view of lawyers for a generation. And the names of so many people involved in the trial – Marcia Clark, Christopher Darden, Johnnie Cochran, Robert Shapiro, F. Lee Bailey, Barry Scheck, and Mark Fuhrman – are indelibly etched in our memories for their roles in Simpson’s trial.

From the moment the LAPD zeroed in on Simpson, his lawyers outmaneuvered the prosecution at seemingly every turn. Simpson’s defense team employed a strategy that was quite sophisticated, in that from the earliest days of their representation of Simpson, the defense team understood the intangible and tangible elements necessary to successfully defend Simpson: assembling a team of seasoned and venerable lawyers and experts; using defense experts to impeach and undermine prosecution experts; using publicity to shape the public’s perception of Simpson; frontloading defense theories into the public consciousness early and often so that those theories gained traction and acceptance prior to trial; challenging everything, no matter how minimal; disrupting the prosecution; and (almost) always presenting to the public as unified and supportive of Simpson’s innocence. Simpson’s defense team’s zealous advocacy was relentless and full throttle, and ultimately paid dividends, in the form of Simpson’s acquittals.

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Searching for Volunteers for the Grab-a-Coffee Program: Summer 2024

Alex Gwynn is a Black woman with black hair and brown eyes. She is wearing a red and white shirt, black glasses, and dark jacket.Will, a white man with brown hair, wears a white shirt, blue and yellow striped tie, and black suit.Matt, a white man with brown hair, wears a pale blue shirt, grey suit, and mint green tie.By Alex Gwynn, Matt Meinel and Will Robertson

Do you have time to grab a cup of coffee? Instead of taking this one to go, how about spending thirty meaningful minutes with a future lawyer?

A half hour of your time is all we need to make this program a success! We are seeking attorney volunteers to connect with a law student and pass on the valuable insights you have about succeeding in law school and entering the practice of law. If you would like to volunteer, please fill out this attorney sign-up form (law students can sign up with this student sign-up form). If you have signed up during a previous GaC session, you will need to sign up again.

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Of Competition, Stress, and Well-Being

Will, a white man with a brown beard, and grey glasses, wears a blue and peach plaid shirt. By Will Graebe 

Like many other lawyers, I grew up in a competitive family. The dinner table was a debate stage. Jeopardy was a full-contact sport. Performance and achievement led to reward and affirmation. This environment prepared me for many of the challenges I would face in my adult life—law school, the bar exam, and the stress of practicing law. Somewhere along the way, though, I realized that something was missing. This way of living was not sustainable for me. So, I set out on a journey ten years ago to explore my own well-being and to redefine what flourishing looked like for me. I’d like to share some of what I have learned.

This is not another article encouraging readers to meditate, write a gratitude journal, practice mindfulness, exercise, sleep and eat better, engage in service work, get out in nature, or change their mindset. While these are all valuable practices, by now, most of us know what we can do to improve our well-being. We have been inundated with well-being content offering specific wellness tools. Instead, what follows are principles that I have found helpful in guiding my well-being journey.

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Of Competition, Stress, and Well-Being

Will, a white man with a brown beard, and grey glasses, wears a blue and peach plaid shirt. By Will Graebe 

Like many other lawyers, I grew up in a competitive family. The dinner table was a debate stage. Jeopardy was a full-contact sport. Performance and achievement led to reward and affirmation. This environment prepared me for many of the challenges I would face in my adult life—law school, the bar exam, and the stress of practicing law. Somewhere along the way, though, I realized that something was missing. This way of living was not sustainable for me. So, I set out on a journey ten years ago to explore my own well-being and to redefine what flourishing looked like for me. I’d like to share some of what I have learned.

This is not another article encouraging readers to meditate, write a gratitude journal, practice mindfulness, exercise, sleep and eat better, engage in service work, get out in nature, or change their mindset. While these are all valuable practices, by now, most of us know what we can do to improve our well-being. We have been inundated with well-being content offering specific wellness tools. Instead, what follows are principles that I have found helpful in guiding my well-being journey.

Read more

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