At this year’s 2026 NCBA Real Property Section Annual Meeting in Asheville, Natasha Branch, Vice President of Education and Underwriting Counsel at Title Resources Group, will walk through how to spot lien and judgment issues early and handle them efficiently before they disrupt your closing.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00RealPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngRealProperty2026-04-16 09:10:402026-04-16 09:10:402026 Real Property Section Annual Meeting Preview: Liens and Judgments with Natasha Branch
We hope you’ll join us in Asheville for the 2026 NCBA Real Property Section Annual Meeting. We’re looking forward to a helpful and practical program and are excited to share a preview of one of the CLE sessions focused on commercial leases.
In the preview video below, Jeff Benson, Executive Vice President at Investors Title, shares a brief overview of his presentation, titled Mission (Not) Impossible: Commercial Lease Edition, and highlights several key issues he will cover at the Annual Meeting.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00RealPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngRealProperty2026-04-13 16:35:532026-04-14 09:46:032026 Real Property Section Annual Meeting Preview: Commercial Leases with Jeff Benson
As the new Young Lawyer Delegate to the American Bar Association (ABA) House of Delegates, I would like to take this opportunity to provide an overview of the resolutions considered during February’s Midyear Meeting of the ABA House of Delegates in San Antonio, Texas.
The ABA House of Delegates serves as the policymaking body of the ABA. The House is responsible for drafting, debating and voting on resolutions that shape ABA policies regarding both professional and public matters. It represents not only various constituent groups within the ABA but also the broader legal profession, including delegates from state, local, and specialty bar associations. As the ultimate governing authority of the ABA, the House is committed to advancing the legal profession by addressing issues of significance to the legal community and to the law itself. The ABA maintains active policies across a diverse range of topics pertinent to the legal field, many of which have been central to the Association’s advocacy for many years.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2026-04-09 09:12:232026-04-09 09:30:41Report From the ABA Midyear Meeting
In my prior post, Installment Sale Notes Owned by S Corporations, I discussed sales of S corporation assets in exchange for a promissory note, invoking the installment sale method of Section 453. Buyers commonly use the installment sale method for earnouts, which provide additional contingent consideration based on the performance of the business after the sale. When the S corporation liquidates after closing, distributing closing cash and the earnout right to the S corporation shareholders, the Section 453 rules have an unexpected trap. That often arises where there is a stock sale and Section 338(h)(10) election, which is treated as an asset sale by the S corporation followed by its deemed liquidation. For more on Section 338(h)(10) elections, see my prior blog post Basics of 338(h)(10) Elections.
The Section 453 tax trap is caused by the installment sale rules’ requiring the shareholders to allocate the tax basis of their S corporation stock among the cash distributed and the earnout right, despite the earnout potentially never being paid. That stretching of the basis triggers liquidation gain for the shareholders that would not otherwise exist. If the earnout is never paid, the shareholders recognize a long-term capital loss but are not able to carry the loss back to the liquidation year to offset the liquidation gain. Rather, they can only utilize the capital loss to offset future capital gains. Fortunately, there are a few ways to avoid this tax trap.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00TAXhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngTAX2026-04-07 15:22:482026-04-09 09:30:52Section 453 Trap for S Corporation Asset Sales
The practice of law demands precision, resilience and focus, but we’re at our best when we bring our full selves to the profession. How can we make sure we are at our best? That was the theme of a recent discussion hosted by NCBA YLD joined by NCBA BarCARES President Eric Richardson and members of the NCBA YLD Pro Bono Cohort.
The group explored what hobbies can teach us about being good people — and better legal professionals. From pottery to poetry, marathon running to yoga, the conversation highlighted that growth takes time, both personally and professionally. One participant discussed their passion for making pottery and what it has taught them about resilience and perseverance. Like mastering any craft, building a fulfilling legal career isn’t about instant perfection but about consistency and reflection.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2026-04-07 10:57:102026-04-13 09:00:18More Than the Law: Why Having Hobbies Helps Lawyers
I am honored to serve as the Executive Director for the Chief Justice’s Commission on Professionalism (CJCP). One of the major responsibilities of the CJCP is examining ways of making the system of justice more accessible to the public. Needless to say, finding ways to bring young lawyers to legal deserts is high on my priority list.
In October 2025, I connected with Christiana Johnson, Director of Student Engagement & Career Success at Campbell Law School. Christiana’s professional journey is a compelling story, one that may serve to help steer law students who want to help people to the communities where they are needed.
Mentorship, lived experience and service came together last summer to break barriers and expand opportunities for justice-involved youth through the Building Pathways pilot at the Durham County Youth Home. The Durham County Youth Home is a secure juvenile detention facility operated by Durham County, providing temporary custody and care for youth involved in the juvenile justice system while they await court proceedings or case disposition. In addition to structured supervision, the facility offers education, counseling, and supportive programming designed to stabilize youth, foster positive behavioral development, and help them envision a future beyond their current circumstances.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2026-03-30 10:06:512026-04-09 09:31:40Building Pathways: Durham County Youth Home and the Future of the Profession
As winter gives way to the promise of spring, the NCBA Young Lawyers Division’s DEI Committee takes this opportunity to recognize and celebrate Women’s History Month. Alongside International Women’s Day on March 8, this month serves as a time to honor the achievements and contributions of women throughout our nation’s history, reflect on the progress made toward gender equality and acknowledge the work that remains.
Alex: As we reflect during Women’s History Month, how would you define resilience in your own words, and looking back on your journey through law school into leadership, what feels most meaningful about that time, especially what sustained or motivated you to keep moving forward during such a challenging season?
Sheila Spence
Sheila: Resilience is the decision to keep showing up, especially when there is no guarantee that showing up will be enough. It is not the absence of fear or doubt. It is moving forward in spite of them, one day at a time.
I dreamed of becoming a lawyer when I was nine years old. That dream did not come with a roadmap, and the path turned out to be harder than I ever anticipated, yet more meaningful because of it. When things got difficult, I kept returning to that original dream and what it meant to me. That was enough to keep me moving.
What feels most meaningful now is not simply reaching this point. It is knowing what it cost to get here, and that I did not give up.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2026-03-24 10:50:062026-03-24 10:50:24Redefining Resilience: A Conversation with YLD Chair Sheila Spence on Reflections for Women’s History Month
For young lawyers, construction law may seem like a difficult field to enter. It has its own vocabulary, its own documents, and its own pace. Clients often want practical answers while a project is still moving, not abstract legal analysis after the dispute is fully formed. The work can feel technical, and the cast of players — owners, contractors, subcontractors, design professionals, material suppliers, sureties, and insurers — can seem intimidating at first.
But construction law is also a practice area in which young lawyers can become useful quickly. A construction practice is not built only by trying cases or arguing motions. It is built file by file, contract by contract, and client by client. Young lawyers develop in this field by learning how projects work, becoming fluent in the documents that drive them, and earning a reputation for giving clear, timely, practical advice.
The first step is learning the business of construction, not just the law of construction. A young lawyer does not need to be an engineer or a project manager, but it helps enormously to understand the life of a project. That means knowing what a pay application is, what an RFI is, what a submittal is, what a punch list is, and why schedules and change orders matter so much. Many disputes do not begin with a dramatic legal event. They begin with delayed approvals, incomplete design information, poor documentation, payment problems, and expectations that were never aligned. Clients tend to trust lawyers who understand what is actually happening on the project, not just what may happen later in court.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2026-03-23 15:27:332026-03-24 09:29:51How Young Lawyers Can Build a Construction Practice
2026 Real Property Section Annual Meeting Preview: Liens and Judgments with Natasha Branch
Real PropertyBy
Natasha Branch
Even the cleanest title can hide problems.
At this year’s 2026 NCBA Real Property Section Annual Meeting in Asheville, Natasha Branch, Vice President of Education and Underwriting Counsel at Title Resources Group, will walk through how to spot lien and judgment issues early and handle them efficiently before they disrupt your closing.
Join us in Asheville on May 15-16: register online.
Read more
2026 Real Property Section Annual Meeting Preview: Commercial Leases with Jeff Benson
Real PropertyWe hope you’ll join us in Asheville for the 2026 NCBA Real Property Section Annual Meeting. We’re looking forward to a helpful and practical program and are excited to share a preview of one of the CLE sessions focused on commercial leases.
In the preview video below, Jeff Benson, Executive Vice President at Investors Title, shares a brief overview of his presentation, titled Mission (Not) Impossible: Commercial Lease Edition, and highlights several key issues he will cover at the Annual Meeting.
Read more
Report From the ABA Midyear Meeting
Young Lawyers DivisionHappy April All!
As the new Young Lawyer Delegate to the American Bar Association (ABA) House of Delegates, I would like to take this opportunity to provide an overview of the resolutions considered during February’s Midyear Meeting of the ABA House of Delegates in San Antonio, Texas.
The ABA House of Delegates serves as the policymaking body of the ABA. The House is responsible for drafting, debating and voting on resolutions that shape ABA policies regarding both professional and public matters. It represents not only various constituent groups within the ABA but also the broader legal profession, including delegates from state, local, and specialty bar associations. As the ultimate governing authority of the ABA, the House is committed to advancing the legal profession by addressing issues of significance to the legal community and to the law itself. The ABA maintains active policies across a diverse range of topics pertinent to the legal field, many of which have been central to the Association’s advocacy for many years.
Read more
Section 453 Trap for S Corporation Asset Sales
Tax SectionIn my prior post, Installment Sale Notes Owned by S Corporations, I discussed sales of S corporation assets in exchange for a promissory note, invoking the installment sale method of Section 453. Buyers commonly use the installment sale method for earnouts, which provide additional contingent consideration based on the performance of the business after the sale. When the S corporation liquidates after closing, distributing closing cash and the earnout right to the S corporation shareholders, the Section 453 rules have an unexpected trap. That often arises where there is a stock sale and Section 338(h)(10) election, which is treated as an asset sale by the S corporation followed by its deemed liquidation. For more on Section 338(h)(10) elections, see my prior blog post Basics of 338(h)(10) Elections.
The Section 453 tax trap is caused by the installment sale rules’ requiring the shareholders to allocate the tax basis of their S corporation stock among the cash distributed and the earnout right, despite the earnout potentially never being paid. That stretching of the basis triggers liquidation gain for the shareholders that would not otherwise exist. If the earnout is never paid, the shareholders recognize a long-term capital loss but are not able to carry the loss back to the liquidation year to offset the liquidation gain. Rather, they can only utilize the capital loss to offset future capital gains. Fortunately, there are a few ways to avoid this tax trap.
Read more
More Than the Law: Why Having Hobbies Helps Lawyers
Young Lawyers DivisionBy Courtney Latourrette
The practice of law demands precision, resilience and focus, but we’re at our best when we bring our full selves to the profession. How can we make sure we are at our best? That was the theme of a recent discussion hosted by NCBA YLD joined by NCBA BarCARES President Eric Richardson and members of the NCBA YLD Pro Bono Cohort.
The group explored what hobbies can teach us about being good people — and better legal professionals. From pottery to poetry, marathon running to yoga, the conversation highlighted that growth takes time, both personally and professionally. One participant discussed their passion for making pottery and what it has taught them about resilience and perseverance. Like mastering any craft, building a fulfilling legal career isn’t about instant perfection but about consistency and reflection.
Read more
Long-Term Recruiting for Legal Deserts (Oasis)
ProfessionalismI am honored to serve as the Executive Director for the Chief Justice’s Commission on Professionalism (CJCP). One of the major responsibilities of the CJCP is examining ways of making the system of justice more accessible to the public. Needless to say, finding ways to bring young lawyers to legal deserts is high on my priority list.
In October 2025, I connected with Christiana Johnson, Director of Student Engagement & Career Success at Campbell Law School. Christiana’s professional journey is a compelling story, one that may serve to help steer law students who want to help people to the communities where they are needed.
Read more
Building Pathways: Durham County Youth Home and the Future of the Profession
Young Lawyers DivisionBy Quinn Byars, Alex Gwynn and Joshua Peacock
Mentorship, lived experience and service came together last summer to break barriers and expand opportunities for justice-involved youth through the Building Pathways pilot at the Durham County Youth Home. The Durham County Youth Home is a secure juvenile detention facility operated by Durham County, providing temporary custody and care for youth involved in the juvenile justice system while they await court proceedings or case disposition. In addition to structured supervision, the facility offers education, counseling, and supportive programming designed to stabilize youth, foster positive behavioral development, and help them envision a future beyond their current circumstances.
Read more
Women Who Lead: Spotlight on Melissa McKinney
Young Lawyers DivisionAs winter gives way to the promise of spring, the NCBA Young Lawyers Division’s DEI Committee takes this opportunity to recognize and celebrate Women’s History Month. Alongside International Women’s Day on March 8, this month serves as a time to honor the achievements and contributions of women throughout our nation’s history, reflect on the progress made toward gender equality and acknowledge the work that remains.
Read more
Redefining Resilience: A Conversation with YLD Chair Sheila Spence on Reflections for Women’s History Month
Young Lawyers DivisionOpening Question: Resilience & Motivation
Alex: As we reflect during Women’s History Month, how would you define resilience in your own words, and looking back on your journey through law school into leadership, what feels most meaningful about that time, especially what sustained or motivated you to keep moving forward during such a challenging season?
Sheila Spence
Sheila: Resilience is the decision to keep showing up, especially when there is no guarantee that showing up will be enough. It is not the absence of fear or doubt. It is moving forward in spite of them, one day at a time.
I dreamed of becoming a lawyer when I was nine years old. That dream did not come with a roadmap, and the path turned out to be harder than I ever anticipated, yet more meaningful because of it. When things got difficult, I kept returning to that original dream and what it meant to me. That was enough to keep me moving.
What feels most meaningful now is not simply reaching this point. It is knowing what it cost to get here, and that I did not give up.
Read more
How Young Lawyers Can Build a Construction Practice
Construction Law SectionBy
Christian Lunghi
For young lawyers, construction law may seem like a difficult field to enter. It has its own vocabulary, its own documents, and its own pace. Clients often want practical answers while a project is still moving, not abstract legal analysis after the dispute is fully formed. The work can feel technical, and the cast of players — owners, contractors, subcontractors, design professionals, material suppliers, sureties, and insurers — can seem intimidating at first.
But construction law is also a practice area in which young lawyers can become useful quickly. A construction practice is not built only by trying cases or arguing motions. It is built file by file, contract by contract, and client by client. Young lawyers develop in this field by learning how projects work, becoming fluent in the documents that drive them, and earning a reputation for giving clear, timely, practical advice.
The first step is learning the business of construction, not just the law of construction. A young lawyer does not need to be an engineer or a project manager, but it helps enormously to understand the life of a project. That means knowing what a pay application is, what an RFI is, what a submittal is, what a punch list is, and why schedules and change orders matter so much. Many disputes do not begin with a dramatic legal event. They begin with delayed approvals, incomplete design information, poor documentation, payment problems, and expectations that were never aligned. Clients tend to trust lawyers who understand what is actually happening on the project, not just what may happen later in court.
Read more