If you think you might one day like to expand your practice to federal criminal matters by taking appointed cases for indigent defendants, you are invited to attend an informational lunch program and learn more about the appointed counsel list for the Middle District of North Carolina, known as the Criminal Justice Act Panel. Items covered will include the experience required to serve on the panel, the application process, and some of the rewards and challenges of federal criminal work. This lunch is hosted by Chief District Judge Catherine Eagles and the Middle District Federal Defender’s Office.
A program will be held in Durham on Thursday, March 28, 2024, in the Jury Assembly Room on the second floor of the John Hervey Wheeler Courthouse, located at 323 East Chapel Hill Street. Lunch is included for those who register in advance by emailing [email protected] by Monday, March 25. The program will begin at 12:30 p.m. and conclude no later than 1:45 p.m.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CriminalJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCriminalJustice2024-03-11 15:17:372024-03-11 15:17:37Informational Lunch with Chief District Judge Catherine C. Eagles
Lawyers are facing increasingly difficult questions about what it means to be part of the legal profession in the twenty-first century. How can lawyers navigate shifting generational dynamics in the workplace? What can lawyers do to adapt to the advent of legal tech and artificial intelligence? How should lawyers advise clients in an environment of rapidly evolving jurisprudence in a number of practice areas?
According to Benjamin Rigney, Assistant Director for Leadership and Character in the Law School at Wake Forest School of Law, lawyers can begin to answer some of these questions by cultivating character-based leadership practices within the legal profession.
Many lawyers view themselves as specialists and technicians – masters of black letter rules and standard forms whose contributions to the legal profession are defined by what they can do rather than who they are. Certainly, knowledge of the law is foundational to the profession. But Rigney suggests that leadership is an equally important component of lawyering: “Lawyers are influencers in the sense that so much of a lawyer’s work involves guiding people towards making a decision. People come to lawyers because they want advice – we are counselors at law.”
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 YLD2024-03-11 13:47:152024-03-11 13:47:15The Pragmatic and Transformational Impacts of Leadership Development in the Legal Profession
In March 2023, the North Carolina Film Office reported that 2022 spending from film production had topped over $258 million, and 2023 was off to a strong start. Governor Roy Cooper lauded the industry for creating over 16,000 job opportunities in the state, including over 70 films, television, and streaming projects in 2022 alone.
With ever-increasing film production in North Carolina, it is timely to review the basics with respect to advising clients considering an investment in film. This blog post shares top legal and non-legal considerations when advising a first-time (or relatively unsophisticated) film investor. There is a long list of potential bad outcomes for a film investor — from the producer running out of money, the film being unable to obtain distribution, a lender taking over the project due to non-payment of a loan, or even the failure to distribute profits. Set forth below are key questions to ask about the proposed project to assist you in understanding the project and advising your client regarding strategies to minimize risk.
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.pngSportsandEntertainment2024-03-11 11:19:272024-03-11 11:19:27So, Your Client is Considering Investing In a Film . . . .
The below information was provided by David Unwin, Revisor of Statutes, to alert attorneys to this limitation in the most recent update by LexisNexis. Some legislation enacted late in the session is not yet incorporated into LexisNexis, including the important S.L. 2023-134 2023 Budget Bill which includes the NC State Bar Grievance Review Committee, Disciplinary Hearing Commission, and State Bar Fees provisions, as well as later notary law amendments, NCBA corporate law recommendations, and more regulatory reform, among others.
Due to the publishing schedule of LexisNexis, when sessions last a long time, LexisNexis and the Legislative Services Office typically agree on a cutoff date to determine what session laws get included in the next update of the General Statutes. The goal is to include as many session laws as possible while also enabling LexisNexis to publish its annual update on schedule. For instance, last year, LexisNexis and the Legislative Services Office agreed to treat S.L. 2023-122 as the last session law for purposes of the 2023 update. The General Assembly’s website is drawn from LexisNexis’s electronic data, so the website currently reflects sessions laws up through S.L. 2023-122. The Legislative Services Office is currently working on a 2024 Special Supplement that will reflect the remaining 2023 session laws. The 2023 budget bill (S.L. 2023-134) is one of these session laws. It is important to be aware of how up to date the General Assembly’s website is. Because the website currently does not reflect S.L. 2023-123 through S.L. 2023-151, a researcher should check the Law Modifications list for those session laws to gain the most current picture of the statutes. This list shows what General Statute and Session Law sections have been modified by these remaining 2023 session laws.
You just graduated law school, got married, and started your clerkship with Judge Walker. You will learn so much from Judge Walker! He is a great mentor and will continue to be an important part of your life for many years to come. You will enjoy your DINK (double income no kids) status, while you try to learn how to be a lawyer and focus on tackling the significant law student debt you incurred. Be diligent in paying down your law student loans, but always remember this is an important part of what makes you who you are. It makes you truly appreciate the opportunity to be a lawyer and part of this noble profession.
Are you sitting? You are currently the president of this amazing group of attorneys, the North Carolina Bar Association! I know that’s difficult for you to imagine. The NCBA will be critical to your growth and development, both professionally and personally. So jump in (soon!) and participate at every opportunity you get. The current Chair of the NCBA’s Young Lawyer Division asked me to write a letter to my younger lawyer self, so here are a few tips for you: Read more
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 YLD2024-03-04 14:01:312024-03-04 14:02:39A Letter to My Younger Self
The NCBA Criminal Justice Section held the 15th Annual Criminal Justice Peter S. Gilchrist III & Wade M. Smith Awards Dinner in Raleigh on January 18, 2024. Kearns Davis, a partner at Brooks Pierce in Greensboro, and a former Chair of the Criminal Justice Section, was the recipient of the 2023 Wade M. Smith Award. The late Elizabeth “Beth” Dierauf, a longtime Assistant District Attorney for Henderson, Transylvania, Polk, Rutherford, and McDowell Counties, was named the recipient of the 2023 Peter S. Gilchrist III Award. Beth lost a long battle with cancer on November 11, 2023.
Kearns graciously shared his remarks from the dinner, which are posted in their entirety below:
I wish so much I could share this evening with Beth Dierauf. I never had the opportunity to work with Beth, but I’ve learned about her since this event was scheduled. She and I have worked with a lot of the same people, and our kids are about the same ages and have much in common. I feel almost like I knew her, and I wish I’d had that privilege. If Beth were here, I imagine she would feel what I feel tonight: a deep sense of gratitude for the opportunity to work with an amazing group of dedicated lawyers and judges in the criminal justice system; thankful that her life’s work has made a difference in her community and her state; and honored to spend this evening with people she admires and respects so much.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CriminalJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCriminalJustice2024-02-29 16:02:202024-02-29 16:02:20Kearns Davis' Remarks at 15th Annual Criminal Justice Peter S. Gilchrist III & Wade M. Smith Award Dinner
Thomas C. Watkins recently received the North Carolina Bar Association Business Law Section’s highest honor, its Distinguished Service Award. The NCBA presents the Distinguished Service Award to recognize extraordinary service to the Business Law Section, the legal profession and the public.
In making the nomination, April Kight said of her colleague, “Tom Watkins is a wonderful teacher and leader. He is an excellent lawyer and advocate for his clients, with the best combination of knowledge and practical application. He has given much of his time to the management of our firm, the North Carolina Bar Association and the community. I can’t think of a more deserving recipient.”
Mr. Watkins is a past member of the Board of Governors of the NCBA and served as Chair of the Bar Association’s Business Law Section when that organization launched NC LEAP, now known as the Entrepreneurs Assistance Program. Under this initiative, NCBA members volunteer their time and expertise to support low-wealth entrepreneurs.
Thomas C. Watkins
In addition to his active engagement with the NCBA, he has served the community and the state in many leadership roles. He is a past member of the Board of Visitors of the University of North Carolina at Chapel Hill, a past member of the Board of Directors of the Greensboro Sports Council, a member of the Board of Directors of the Piedmont Triad Charitable Foundation (Wyndham Championship/PGA Tour Event), a past member of the Boards of Visitors of UNC Children’s Hospital and UNC Lineberger Comprehensive Cancer Center, a past President of Greensboro Country Club and a member of the Board of Directors of Wheels4Hope.
At Schell Bray PLLC, he is the former chair of the firm’s Executive Committee and focuses his legal practice primarily on closely held businesses and investment vehicles. He has extensive experience in representing investors, borrowers and lenders in a broad range of complex transactions, including debt and equity investments, financings, mergers and acquisitions and restructurings.
In addition to the 2024 Distinguished Service Award, Mr. Watkins’ professional recognition includes:
The Best Lawyers in America, named 2023 Piedmont Triad “Lawyer of the Year” in Corporate Law
The Best Lawyers in America, named 2013 Greensboro “Lawyer of the Year” in Banking and Finance Law
The Best Lawyers in America, listed for banking, finance and corporate law, 2001-2023
Business North Carolina, Legal Elite, business law, multiple prior listings
North Carolina Super Lawyers, business/corporate law, multiple prior listings
Martindale-Hubbell AV Preeminent™ Peer Review Rated
Andrew Steffensen is the chair of the NCBA Business Law Section Communications Committee.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Businesshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBusiness2024-02-27 11:45:082024-02-27 11:45:08Thomas C. Watkins Receives the Business Law Section's Distinguished Service Award
In the dynamic world of law, where traditional classroom learning meets real-world application, externships and pro bono projects play pivotal roles in shaping future legal professionals. This month, we had the privilege of interviewing three law students who are gaining experience outside the classroom, either through volunteering for pro bono causes or gaining course credit in legal externships. By highlighting their work, we hope to provide some insight as to how you can secure an externship or find the right pro bono project — and the sorts of skills you may gain along the way.
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 YLD2024-02-27 09:40:572024-02-27 09:40:57Unlocking Opportunities: Duke Law Students Create Lasting Memories in Externships and Pro Bono Projects
Brooks Pierce has expanded its Raleigh office with the addition of 5,915 square feet of space on the eighteenth floor of the Wells Fargo Capitol Center at 150 Fayetteville, bringing the law firm’s total Raleigh footprint to 43,047 square feet. The expanded office space is connected to the existing space with a newly designed internal staircase. As part of the expansion, the law firm added important works to its distinguished collection of North Carolina art, including works by Gayle Stott Lowry, Joe Cox, Henry Pearson, and Keiko Genka, as well as a commissioned work by Raleigh-based artist Mia Yoon.
Capua Law Adds Attorneys
Natalia Lynn Talbot has joined Capua Law Firm, and she is based in the Asheville office. She brings more than ten years of experience as an attorney to this role. She has practiced criminal prosecution, bankruptcy litigation, commercial litigation, and federal appellate litigation. She graduated from Boston College Law School. After earning her J.D., she became an assistant district attorney for the Commonwealth of Massachusetts. She served as a federal law clerk under W. Carleton Metcalf, U.S. Magistrate Judge in the Western District of North Carolina. Talbot serves on the board of directors for BarCARES and was an NC Pro Bono Honor Society inductee (2022).
Sam Maier has also joined the firm. He is experienced in litigation strategy development and trial preparation. Before joining the firm, he practiced in Wilmington. He also has experience as an attorney with the International Maritime Group in Seattle, Wash. He received his J.D., cum laude, from George Washington Law School, where he graduated with honors and was a Thurgood Marshall Scholar. He holds a B.S., cum laude, from the University of Wisconsin in Oshkosh. He majored in political science and philosophy with a minor in European studies. Read more
The legal landscape is evolving, and diversity in the legal profession is becoming increasingly important. Recognizing this, the Minorities in the Profession Committee of the North Carolina Bar Association recently hosted an enlightening event – the “Minority Corporate Counsel: Being Diverse in Corporate Law” panel. The purpose of this event was to provide a platform for students and alumni interested in corporate law to connect with and gain insights from diverse in-house attorneys and legal professionals in the corporate sector.
Informational Lunch with Chief District Judge Catherine C. Eagles
Criminal JusticeIf you think you might one day like to expand your practice to federal criminal matters by taking appointed cases for indigent defendants, you are invited to attend an informational lunch program and learn more about the appointed counsel list for the Middle District of North Carolina, known as the Criminal Justice Act Panel. Items covered will include the experience required to serve on the panel, the application process, and some of the rewards and challenges of federal criminal work. This lunch is hosted by Chief District Judge Catherine Eagles and the Middle District Federal Defender’s Office.
A program will be held in Durham on Thursday, March 28, 2024, in the Jury Assembly Room on the second floor of the John Hervey Wheeler Courthouse, located at 323 East Chapel Hill Street. Lunch is included for those who register in advance by emailing [email protected] by Monday, March 25. The program will begin at 12:30 p.m. and conclude no later than 1:45 p.m.
The Pragmatic and Transformational Impacts of Leadership Development in the Legal Profession
Young Lawyers DivisionClare Magee
Benjamin Rigney
By Clare Magee and Benjamin Rigney
Lawyers are facing increasingly difficult questions about what it means to be part of the legal profession in the twenty-first century. How can lawyers navigate shifting generational dynamics in the workplace? What can lawyers do to adapt to the advent of legal tech and artificial intelligence? How should lawyers advise clients in an environment of rapidly evolving jurisprudence in a number of practice areas?
According to Benjamin Rigney, Assistant Director for Leadership and Character in the Law School at Wake Forest School of Law, lawyers can begin to answer some of these questions by cultivating character-based leadership practices within the legal profession.
Many lawyers view themselves as specialists and technicians – masters of black letter rules and standard forms whose contributions to the legal profession are defined by what they can do rather than who they are. Certainly, knowledge of the law is foundational to the profession. But Rigney suggests that leadership is an equally important component of lawyering: “Lawyers are influencers in the sense that so much of a lawyer’s work involves guiding people towards making a decision. People come to lawyers because they want advice – we are counselors at law.”
Read more
So, Your Client is Considering Investing In a Film . . . .
Sports & Entertainment Law SectionIn March 2023, the North Carolina Film Office reported that 2022 spending from film production had topped over $258 million, and 2023 was off to a strong start. Governor Roy Cooper lauded the industry for creating over 16,000 job opportunities in the state, including over 70 films, television, and streaming projects in 2022 alone.
With ever-increasing film production in North Carolina, it is timely to review the basics with respect to advising clients considering an investment in film. This blog post shares top legal and non-legal considerations when advising a first-time (or relatively unsophisticated) film investor. There is a long list of potential bad outcomes for a film investor — from the producer running out of money, the film being unable to obtain distribution, a lender taking over the project due to non-payment of a loan, or even the failure to distribute profits. Set forth below are key questions to ask about the proposed project to assist you in understanding the project and advising your client regarding strategies to minimize risk.
Read more
Recent Legislation Enacted After LexisNexis 2023 Update Deadline
Real PropertyBy Nancy Ferguson
The below information was provided by David Unwin, Revisor of Statutes, to alert attorneys to this limitation in the most recent update by LexisNexis. Some legislation enacted late in the session is not yet incorporated into LexisNexis, including the important S.L. 2023-134 2023 Budget Bill which includes the NC State Bar Grievance Review Committee, Disciplinary Hearing Commission, and State Bar Fees provisions, as well as later notary law amendments, NCBA corporate law recommendations, and more regulatory reform, among others.
Due to the publishing schedule of LexisNexis, when sessions last a long time, LexisNexis and the Legislative Services Office typically agree on a cutoff date to determine what session laws get included in the next update of the General Statutes. The goal is to include as many session laws as possible while also enabling LexisNexis to publish its annual update on schedule. For instance, last year, LexisNexis and the Legislative Services Office agreed to treat S.L. 2023-122 as the last session law for purposes of the 2023 update. The General Assembly’s website is drawn from LexisNexis’s electronic data, so the website currently reflects sessions laws up through S.L. 2023-122. The Legislative Services Office is currently working on a 2024 Special Supplement that will reflect the remaining 2023 session laws. The 2023 budget bill (S.L. 2023-134) is one of these session laws. It is important to be aware of how up to date the General Assembly’s website is. Because the website currently does not reflect S.L. 2023-123 through S.L. 2023-151, a researcher should check the Law Modifications list for those session laws to gain the most current picture of the statutes. This list shows what General Statute and Session Law sections have been modified by these remaining 2023 session laws.
A Letter to My Younger Self
Young Lawyers DivisionDear Patti (age 26),
You just graduated law school, got married, and started your clerkship with Judge Walker. You will learn so much from Judge Walker! He is a great mentor and will continue to be an important part of your life for many years to come. You will enjoy your DINK (double income no kids) status, while you try to learn how to be a lawyer and focus on tackling the significant law student debt you incurred. Be diligent in paying down your law student loans, but always remember this is an important part of what makes you who you are. It makes you truly appreciate the opportunity to be a lawyer and part of this noble profession.
Are you sitting? You are currently the president of this amazing group of attorneys, the North Carolina Bar Association! I know that’s difficult for you to imagine. The NCBA will be critical to your growth and development, both professionally and personally. So jump in (soon!) and participate at every opportunity you get. The current Chair of the NCBA’s Young Lawyer Division asked me to write a letter to my younger lawyer self, so here are a few tips for you: Read more
Kearns Davis’ Remarks at 15th Annual Criminal Justice Peter S. Gilchrist III & Wade M. Smith Award Dinner
Criminal JusticeThe NCBA Criminal Justice Section held the 15th Annual Criminal Justice Peter S. Gilchrist III & Wade M. Smith Awards Dinner in Raleigh on January 18, 2024. Kearns Davis, a partner at Brooks Pierce in Greensboro, and a former Chair of the Criminal Justice Section, was the recipient of the 2023 Wade M. Smith Award. The late Elizabeth “Beth” Dierauf, a longtime Assistant District Attorney for Henderson, Transylvania, Polk, Rutherford, and McDowell Counties, was named the recipient of the 2023 Peter S. Gilchrist III Award. Beth lost a long battle with cancer on November 11, 2023.
Kearns graciously shared his remarks from the dinner, which are posted in their entirety below:
I wish so much I could share this evening with Beth Dierauf. I never had the opportunity to work with Beth, but I’ve learned about her since this event was scheduled. She and I have worked with a lot of the same people, and our kids are about the same ages and have much in common. I feel almost like I knew her, and I wish I’d had that privilege. If Beth were here, I imagine she would feel what I feel tonight: a deep sense of gratitude for the opportunity to work with an amazing group of dedicated lawyers and judges in the criminal justice system; thankful that her life’s work has made a difference in her community and her state; and honored to spend this evening with people she admires and respects so much.
Read more
Thomas C. Watkins Receives the Business Law Section’s Distinguished Service Award
Business LawThomas C. Watkins recently received the North Carolina Bar Association Business Law Section’s highest honor, its Distinguished Service Award. The NCBA presents the Distinguished Service Award to recognize extraordinary service to the Business Law Section, the legal profession and the public.
In making the nomination, April Kight said of her colleague, “Tom Watkins is a wonderful teacher and leader. He is an excellent lawyer and advocate for his clients, with the best combination of knowledge and practical application. He has given much of his time to the management of our firm, the North Carolina Bar Association and the community. I can’t think of a more deserving recipient.”
Mr. Watkins is a past member of the Board of Governors of the NCBA and served as Chair of the Bar Association’s Business Law Section when that organization launched NC LEAP, now known as the Entrepreneurs Assistance Program. Under this initiative, NCBA members volunteer their time and expertise to support low-wealth entrepreneurs.
Thomas C. Watkins
In addition to his active engagement with the NCBA, he has served the community and the state in many leadership roles. He is a past member of the Board of Visitors of the University of North Carolina at Chapel Hill, a past member of the Board of Directors of the Greensboro Sports Council, a member of the Board of Directors of the Piedmont Triad Charitable Foundation (Wyndham Championship/PGA Tour Event), a past member of the Boards of Visitors of UNC Children’s Hospital and UNC Lineberger Comprehensive Cancer Center, a past President of Greensboro Country Club and a member of the Board of Directors of Wheels4Hope.
At Schell Bray PLLC, he is the former chair of the firm’s Executive Committee and focuses his legal practice primarily on closely held businesses and investment vehicles. He has extensive experience in representing investors, borrowers and lenders in a broad range of complex transactions, including debt and equity investments, financings, mergers and acquisitions and restructurings.
In addition to the 2024 Distinguished Service Award, Mr. Watkins’ professional recognition includes:
Andrew Steffensen is the chair of the NCBA Business Law Section Communications Committee.
Unlocking Opportunities: Duke Law Students Create Lasting Memories in Externships and Pro Bono Projects
Young Lawyers DivisionIn the dynamic world of law, where traditional classroom learning meets real-world application, externships and pro bono projects play pivotal roles in shaping future legal professionals. This month, we had the privilege of interviewing three law students who are gaining experience outside the classroom, either through volunteering for pro bono causes or gaining course credit in legal externships. By highlighting their work, we hope to provide some insight as to how you can secure an externship or find the right pro bono project — and the sorts of skills you may gain along the way.
Read more
Checking In: February 27, 2024
Checking InCompiled by Jessica Junqueira
Brooks Pierce Announces Raleigh Office Expansion
Brooks Pierce has expanded its Raleigh office with the addition of 5,915 square feet of space on the eighteenth floor of the Wells Fargo Capitol Center at 150 Fayetteville, bringing the law firm’s total Raleigh footprint to 43,047 square feet. The expanded office space is connected to the existing space with a newly designed internal staircase. As part of the expansion, the law firm added important works to its distinguished collection of North Carolina art, including works by Gayle Stott Lowry, Joe Cox, Henry Pearson, and Keiko Genka, as well as a commissioned work by Raleigh-based artist Mia Yoon.
Capua Law Adds Attorneys
MIP Event Recap: Insights from NCBA’s Minority Corporate Counsel Panel
Minorities In the ProfessionThe legal landscape is evolving, and diversity in the legal profession is becoming increasingly important. Recognizing this, the Minorities in the Profession Committee of the North Carolina Bar Association recently hosted an enlightening event – the “Minority Corporate Counsel: Being Diverse in Corporate Law” panel. The purpose of this event was to provide a platform for students and alumni interested in corporate law to connect with and gain insights from diverse in-house attorneys and legal professionals in the corporate sector.
Read more