https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Laborhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLabor2019-08-22 11:06:462019-08-22 11:06:46Texas v. EEOC: Sound and Fury Signifying Nothing?
As the new NCBA year is underway, we invite you to submit articles for the Administrative Law Section Blog. Send proposed articles to this year’s Communications Committee Chair, Ann Wall, at [email protected]. And, please consider joining the committee.
Our readers may be new to the Section or to administrative law. Or they may be long-time and expert practitioners. In addition, our blog posts will be available to attorneys who are members of other sections of the NCBA. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2019-08-21 11:44:092019-08-21 12:12:26Write For Your Administrative Law Section Blog
The Administrative Law Section is joining forces with the Government & Public Sector, Juvenile Justice & Children’s Rights, and Environment, Energy & Natural Resources Law Sections to bring you a 6.0 credit hour CLE this fall, titled “Riding the Waves of Change: 2019 Legislative Review.”
The CLE will take place at the NC Bar Center in Cary from 8:15 a.m. to 4:30 p.m. on Friday, Nov. 8, 2019.
While it will be available by webcast and on-demand, we encourage you to attend live to enjoy the networking that is sure to occur during the breakfast and lunch, both of which will be provided.
The four co-planning Sections will combine their expertise to provide updates and answers regarding the 2019 legislative actions.
Learn what the North Carolina General Assembly has (or has not) changed and the practical effects of those changes. Brush up on your legislative procedure knowledge and skills. Hear about the most debated and followed bills of the current legislative session.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2019-08-20 11:26:152019-08-21 14:35:48Put It On Your Calendar Now: 'Riding the Waves of Change: 2019 Legislative Review'
Dear Members of the Sports & Entertainment Section:
I am so honored that you have given me the privilege to serve as chair of the Section this bar year.
It’s an interesting time to be chair. Younger attorneys (I still think of myself this way) are often looking to technology and other avenues for the camaraderie and resources for which they might previously have looked to a bar association section.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2019-08-20 11:16:172019-08-20 11:16:52Chair's Comments + Section Events This Fall
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2019-08-20 11:16:002019-08-20 11:17:45Items of Interest: The Gender Pay Gap and Women's Soccer, Carrie Underwood Sued, Venues and the ADA
The general rule in bankruptcy is that debtors cannot cram down loans secured only by mortgages on their primary residences. But wait, “what’s a cram down?” you ask. For non-bankruptcy folks, a cram down is where a debtor bifurcates a creditor’s claim into a secured claim (in the amount of the value of the property) and an unsecured claim (for the balance of the outstanding debt above the value of the property), paying the secured claim in full and paying the unsecured claim pro rata along with other general unsecured creditors. Take this example: at the time of bankruptcy filing, a lender is owed $150,000, but the property is worth only $100,000. The general rule in bankruptcy is that if the property is the debtor’s primary residence and the lender’s only collateral, the lender has a secured claim of the full $150,000. Otherwise, the debtor could cram the lender down, giving the lender a secured claim of only $100,000 that would be paid in full, and an unsecured claim of $50,000 that would be paid pennies on the dollar. Thus, we can see the obvious benefit to debtors and the obvious detriment to creditors of the powerful cram down option.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2019-08-19 15:10:522019-08-19 15:17:114th Circuit Overrules Own Precedent, Holds Certain Primary Residence Claims Can Be Crammed Down in Chapter 13 Bankruptcies
Welcome to a new year for the North Carolina Bar Association’s Litigation Section! We have a lot in store for Section members this year, with a focus on social events around the state to give members an opportunity to network with other litigators, judges, and court staff. We will, of course, continue to offer CLE on topics of interest to litigators, and we also hope that Section members will use this Litigation Section blog, both to stay abreast of events and developments and to publish their own articles and posts of interest.
There will be much more to come about the events and activities we have planned for Section members this bar year, but I wanted to drop a short note to introduce myself as the new Section chair and mainly to remind you about the first of our Section social events, which is coming up this week in Chapel Hill. There is no formal program – just a great opportunity to meet and catch up with other Section members. Drinks and appetizers are on us, and we hope to see you there!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2019-08-19 14:51:072019-08-19 15:18:49Welcome To a New Bar Year: Come See Us in Chapel Hill on Wednesday
Today in North Carolina, 16 and 17-year-olds are automatically prosecuted as an adult for criminal offenses. The Juvenile Justice Reinvestment Act, which is effective on December 1, 2019, will change the adult prosecution age to 18 years old to align with the current policies of all other States in the United States. This means that 16 and 17-year-olds will start being prosecuted in juvenile court instead of in adult court and a youth’s split-second decision will not automatically lead to adult punishment.
Who is Not Included?
“Raise the Age” will not apply to motor vehicle offenses defined by the Motor Vehicle Act. Defense attorneys should be aware that offenses such as unauthorized use of a motor vehicle or breaking and entering a motor vehicle may trigger this exclusion. Also, some juveniles will be excluded from this Act, such as: (1) married or emancipated juveniles; (2) those that have been transferred and convicted in superior court; and (3) those that have been convicted of a felony or misdemeanor, including motor vehicle offenses, in district or superior court.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2019-08-15 12:44:252019-08-23 16:23:02Juvenile Justice Reinvestment Act Changes the Adult Prosecution Age to 18
Adam deNobriga joins the Charlotte office of Bell, Davis & Pitt as a director. He has nine years of experience as a litigator, particularly focusing on construction defect, property damage, and professional malpractice. deNobriga has worked on cases in N.C. Superior Court, N.C. Business Court, and federal courts. He is licensed to practice law in Tennessee as well as North Carolina.
Jared Mobley has been appointed managing partner of the Charlotte office of K&L Gates. He focuses his practice on complex aspects of U.S. federal, state and local taxation, including creating and implementing tax-efficient structures for the firm’s clients. He holds a Juris Doctorate from the University of South Carolina and a Master of Laws in tax law from New York University.
Spencer Beard joins the Wilmington office of McAngus Goudelock & Courie. Beard is a litigation attorney of 15 years, with a particular focus on construction and trucking, and he is admitted to the bar in both Mississippi and North Carolina. He holds a Bachelor of Arts from the University of North Carolina at Chapel Hill and a Juris Doctorate from the University of Mississippi.
When the chance to argue a case before the U.S. Supreme Court comes up, sleep becomes a distant memory. We got a behind-the-case look from some NCBA members who were there this spring. Find this story and more in the August edition of North Carolina Lawyer magazine.
Drew Erteschik’s phone buzzed in his pocket like a bug zapper. He first thought the texts were from his wife, suggesting what he might pick up for dinner. But one glance at the text from his law partner, “We have it!! We have cert!!” — the first of approximately 250 messages blowing up his phone — and he knew this was bigger than what was for supper.
It was Jan. 11, and the U.S. Supreme Court had just granted certiorari in N.C. Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust. N.C. Solicitor General Matt Sawchak, Sawchak’s colleagues Jim Doggett and Ryan Park, former N.C. Supreme Court Justice Bob Orr, and Erteschik represented the Department of Revenue.
With the cert grant, the clock began ticking. The team had only three months to ready their A games for scrutiny by the U.S. Supreme Court. Sleep would be become a rare luxury for those focused on the case, as comprehensive research and analysis, brief writing, and argument preparation consumed all hours of the day.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2019-08-14 16:27:392019-09-04 12:40:38What's It Take To Argue a SCOTUS Case? A Lot Of Midnight Oil
Texas v. EEOC: Sound and Fury Signifying Nothing?
Labor & Employment LawOn Aug. 6, 2019, the 5th Circuit rocked the EEOC by permanently enjoining the use of the 2012 EEOC Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 (“Conviction Guidance”) as binding in any respect. Texas v. EEOC, 2019 U.S. App. LEXIS 23498 (5th Cir. Aug. 6, 2019). While at first glance this opinion appears significant—and some commentators have positioned this case as a win for employers, does this injunction really matter outside of Texas or the 5th Circuit?
Read more
Write For Your Administrative Law Section Blog
Administrative LawBy Ann B. Wall
As the new NCBA year is underway, we invite you to submit articles for the Administrative Law Section Blog. Send proposed articles to this year’s Communications Committee Chair, Ann Wall, at [email protected]. And, please consider joining the committee.
Our readers may be new to the Section or to administrative law. Or they may be long-time and expert practitioners. In addition, our blog posts will be available to attorneys who are members of other sections of the NCBA. Read more
Put It On Your Calendar Now: ‘Riding the Waves of Change: 2019 Legislative Review’
Administrative Law, Environment Energy & Natural ResourcesThe Administrative Law Section is joining forces with the Government & Public Sector, Juvenile Justice & Children’s Rights, and Environment, Energy & Natural Resources Law Sections to bring you a 6.0 credit hour CLE this fall, titled “Riding the Waves of Change: 2019 Legislative Review.”
The CLE will take place at the NC Bar Center in Cary from 8:15 a.m. to 4:30 p.m. on Friday, Nov. 8, 2019.
While it will be available by webcast and on-demand, we encourage you to attend live to enjoy the networking that is sure to occur during the breakfast and lunch, both of which will be provided.
The four co-planning Sections will combine their expertise to provide updates and answers regarding the 2019 legislative actions.
Learn what the North Carolina General Assembly has (or has not) changed and the practical effects of those changes. Brush up on your legislative procedure knowledge and skills. Hear about the most debated and followed bills of the current legislative session.
Chair’s Comments + Section Events This Fall
Sports & Entertainment Law SectionDear Members of the Sports & Entertainment Section:
I am so honored that you have given me the privilege to serve as chair of the Section this bar year.
It’s an interesting time to be chair. Younger attorneys (I still think of myself this way) are often looking to technology and other avenues for the camaraderie and resources for which they might previously have looked to a bar association section.
Read more
Items of Interest: The Gender Pay Gap and Women’s Soccer, Carrie Underwood Sued, Venues and the ADA
Sports & Entertainment Law SectionMembers of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section:
Sports Shorts Blog – The Gender Pay Gap and the Women’s World Cup
Whose Game is On? Carrie Underwood and NBC Sued Over SNF Song
Senate Bill Proposes Equal Pay for U.S. Women’s Soccer Team
Sports Venues and the Americans with Disabilities Act
SAG-AFTRA Signs Netflix Deal With Expanded Coverage
MLB Appears Ready To Dive into Uniform Patch Advertising
Taking the Issue of Unequal Pay onto the U.S. District Court’s Turf
4th Circuit Overrules Own Precedent, Holds Certain Primary Residence Claims Can Be Crammed Down in Chapter 13 Bankruptcies
BankruptcyBy Daniel Cohn
The general rule in bankruptcy is that debtors cannot cram down loans secured only by mortgages on their primary residences. But wait, “what’s a cram down?” you ask. For non-bankruptcy folks, a cram down is where a debtor bifurcates a creditor’s claim into a secured claim (in the amount of the value of the property) and an unsecured claim (for the balance of the outstanding debt above the value of the property), paying the secured claim in full and paying the unsecured claim pro rata along with other general unsecured creditors. Take this example: at the time of bankruptcy filing, a lender is owed $150,000, but the property is worth only $100,000. The general rule in bankruptcy is that if the property is the debtor’s primary residence and the lender’s only collateral, the lender has a secured claim of the full $150,000. Otherwise, the debtor could cram the lender down, giving the lender a secured claim of only $100,000 that would be paid in full, and an unsecured claim of $50,000 that would be paid pennies on the dollar. Thus, we can see the obvious benefit to debtors and the obvious detriment to creditors of the powerful cram down option.
Read more
Welcome To a New Bar Year: Come See Us in Chapel Hill on Wednesday
Litigation SectionWelcome to a new year for the North Carolina Bar Association’s Litigation Section! We have a lot in store for Section members this year, with a focus on social events around the state to give members an opportunity to network with other litigators, judges, and court staff. We will, of course, continue to offer CLE on topics of interest to litigators, and we also hope that Section members will use this Litigation Section blog, both to stay abreast of events and developments and to publish their own articles and posts of interest.
There will be much more to come about the events and activities we have planned for Section members this bar year, but I wanted to drop a short note to introduce myself as the new Section chair and mainly to remind you about the first of our Section social events, which is coming up this week in Chapel Hill. There is no formal program – just a great opportunity to meet and catch up with other Section members. Drinks and appetizers are on us, and we hope to see you there!
Juvenile Justice Reinvestment Act Changes the Adult Prosecution Age to 18
Paralegal DivisionToday in North Carolina, 16 and 17-year-olds are automatically prosecuted as an adult for criminal offenses. The Juvenile Justice Reinvestment Act, which is effective on December 1, 2019, will change the adult prosecution age to 18 years old to align with the current policies of all other States in the United States. This means that 16 and 17-year-olds will start being prosecuted in juvenile court instead of in adult court and a youth’s split-second decision will not automatically lead to adult punishment.
Who is Not Included?
“Raise the Age” will not apply to motor vehicle offenses defined by the Motor Vehicle Act. Defense attorneys should be aware that offenses such as unauthorized use of a motor vehicle or breaking and entering a motor vehicle may trigger this exclusion. Also, some juveniles will be excluded from this Act, such as: (1) married or emancipated juveniles; (2) those that have been transferred and convicted in superior court; and (3) those that have been convicted of a felony or misdemeanor, including motor vehicle offenses, in district or superior court.
Read more
Checking In: August 26, 2019
Checking In, Featured PostsRead more
What’s It Take To Argue a SCOTUS Case? A Lot Of Midnight Oil
Appellate Practice, Featured PostsWhen the chance to argue a case before the U.S. Supreme Court comes up, sleep becomes a distant memory. We got a behind-the-case look from some NCBA members who were there this spring. Find this story and more in the August edition of North Carolina Lawyer magazine.
Drew Erteschik’s phone buzzed in his pocket like a bug zapper. He first thought the texts were from his wife, suggesting what he might pick up for dinner. But one glance at the text from his law partner, “We have it!! We have cert!!” — the first of approximately 250 messages blowing up his phone — and he knew this was bigger than what was for supper.
It was Jan. 11, and the U.S. Supreme Court had just granted certiorari in N.C. Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust. N.C. Solicitor General Matt Sawchak, Sawchak’s colleagues Jim Doggett and Ryan Park, former N.C. Supreme Court Justice Bob Orr, and Erteschik represented the Department of Revenue.
With the cert grant, the clock began ticking. The team had only three months to ready their A games for scrutiny by the U.S. Supreme Court. Sleep would be become a rare luxury for those focused on the case, as comprehensive research and analysis, brief writing, and argument preparation consumed all hours of the day.
Read more