Checking In: July 25, 2023

Compiled by Jessica Junqueira

Capital Ready Mix Concrete Adds New Executive Vice President of HR and General Counsel

Zeke, a white man with brown hair, wears a bright blue polo shirt.Zeke Bridges joined Capital Ready Mix Concrete as Executive Vice President of HR and General Counsel. As an Executive Vice President, he develops and implements human resource strategies that align with the overall business objectives that support the company’s success. He is also the chief legal officer at Capital as general counsel. He provides strategic legal advice to the CEO and her leadership team, manages legal risks, ensures compliance, and protects the company’s interests across a broad spectrum of legal matters. Bridges served as Vice Dean at Campbell Law School (2020-2023) and Assistant Dean of Administration (2014-2020). He was an adjunct professor at Campbell (2015-2023). Bridges graduated from Campbell Law School and from the University of Georgia, where he double majored in political science and criminal justice.

Nelson Mullins Announces New Partner

Andrew, a white man with brown hair and a beard, wears a white shirt, blue tie and black jacket. Drew Heath has joined the firm as a partner. He practices with the government relationships team in Raleigh. Heath served with the North Carolina Supreme Court as the chief justice’s director of the Administrative Office of the Courts. He also worked as the state budget director on the North Carolina governor’s senior leadership team and as the secretary for the Council of State and chairman of the North Carolina Industrial Commission. He served as a Superior Court judge in Raleigh from 2017 to April 2023. He graduated from Indiana University’s Robert H. McKinney School of Law. He received an L.L.M. from Nottingham Law School and a B.S. from the University of North Carolina Asheville.

North Carolina Department of Justice Elevates McGhee to Director of the Consumer Protection Division

Jasmine, a Black woman with black hair, wears a grey suit. In April, Jasmine McGhee was promoted to Senior Deputy Attorney General and Director of the Consumer Protection Division at the North Carolina Department of Justice. The division is responsible for consumer protection, antitrust, and economic justice enforcement and litigation, complaint mediation, and related policy issues. Prior to this role, she was Special Deputy Attorney General/Director of the Public Protection Section, where she directed public safety and civil rights policy at NCDOJ and served as lead counsel for the Governor’s Task Force for Racial Equity in Criminal Justice, which in 2020, published 125 recommendations to improve fairness in the state’s criminal justice system. McGhee holds a J.D. from Columbia Law School. While in law school, she was a member of the Columbia Law Review and a Paul Robeson Scholar. She received her undergraduate degree in history from UNC, where she graduated with honors and distinction.

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Government & Public Sector Section Awards Four Summer Scholarships

ByKayla, a woman with auburn hair, is pictured in a white shirt and dark blazer in front of a dark background. Kayla Britt

The North Carolina Bar Association’s Government & Public Sector Section annually awards scholarships to law students serving in unpaid summer internships in federal, state, or local government offices throughout North Carolina.

Eligible candidates are currently enrolled in an accredited ABA law school, are working without compensation in a government law office located in North Carolina at least one-half of the summer of 2023. Successful candidates demonstrate a commitment to serving in government or public sector law offices. Each recipient must write an article describing their experience and the benefits of their summer internship. Each article will be considered for publication on the NCBarBlog.

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Statute of Limitations on Assessments

John, a white man with brown hair and blue eyes, wears a blue jacket, white shirt, and blue tie. By John G. Hodnette

Generally, Section 6501(a) prohibits the IRS from auditing a tax return and assessing additional tax after three years from the filing date. Thus, the IRS has only those three years to initiate and conclude an audit and assess additional tax. In some circumstances, however, the statute of limitations extends for longer periods. Moreover, the filing date is not always the starting point for applying the statute of limitations.

Section 6501(b)(1) provides when a tax return is filed before the due date, the return is treated as if it were filed on the due date in applying the statute of limitations. Additionally, Section 6501(b)(2) provides certain employment and withholding tax returns filed before April 15 of the year following the tax year to which they apply are treated as filed on April 15 of such year.

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USPTO First-Time Filer Pilot Program – Patent Pro Bono Program

Jennifer, a white woman with white hair, wears a peach blouse, pearls, and a black blazer. By Jennifer Knight

The USPTO now offers the First-Time Filer Expedited Examination Pilot Program, which is designed to increase accessibility to the patent system for inventors who are new to the patent application process, including those in historically underserved geographic and economic areas. Information on the program and how inventors can apply may be found on the USPTO’s website.

Qualifying inventors for the First-Time Filer Pilot must be filing their first non-provisional application, qualify for micro-entity status, and be reasonably trained on the basics of the USPTO’s patent application process. There is no fee to petition for the First-Time Filer Pilot, which expedites the first office action.

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Volunteer to Prepare Expunction Petitions Remotely

Rachel, a white woman with blond hair, wears a peach blouse. Green foliage is in the background.By Rachel Royal

On September 23, 2023, the Charlotte Expunction Clinic will again be held at the Mecklenburg County Courthouse. This project is a partnership of the following organizations: the Charlotte Center for Legal Advocacy (the “Advocacy Center”), the SelfServe Center, and the Mecklenburg County Clerk of Superior Court’s Office, District Attorney’s Office, and Public Defender’s Office. During the clinics, volunteer public defenders will offer advice to applicants regarding their eligibility for expunction relief under North Carolina law.

The project has held six (6) prior clinics since 2019. The previous partnership with the North Carolina Pro Bono Resource Center has now been replaced by the Charlotte Center for Legal Advocacy, and this will be their first time coordinating this clinic. Since August 2021, paralegals have been utilized by this project to review criminal records and attorney analysis forms in order to prepare petitions for attorney review.

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2023 is Not “2020, Too”

By Ketan Soni

Your new chair, Jill Jackson, comes on board next week!

Here’s where I started last July.

Introduction

After reading this post, ask yourself:

“What have I done to make things better?”

The answer, partially, is:

“Helping clients endure through one of the most difficult times in their lives.”

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Pro Bono Spotlight: Kate Dieter-Maradei

Kate, a woman with brown hair, wears an olive green blouse, long necklace, and brown glasses.

Kate Dieter-Maradei

By Dawn LaRue

When asked about her caseload as a mediator specializing in Workers’ Compensation and employment disputes, she replied, “It’s wild! I have a frenetic caseload!” Any mediator worth their salt can enjoy a great work/life balance, filling their calendar with as much work as they choose to accept. What distinguishes Kate from many of her colleagues is that she adds an extra element to her personal balance: a passion for social justice. This passion is articulated in every aspect of her life. This dedication to her craft and her cause has earned Kate repeated recognition from both within and beyond the legal community.

Kate gives freely of her time, talent, and energy very literally. For the past 13-14 years, Kate has blocked two to three days each week for pursuing both pro bono projects and community causes. That’s an extraordinary 50% of each work week! And for more than a decade! With that time, Kate has spearheaded several community-building initiatives. Kate has even woven her fervor for inclusiveness into the fabric of her family. Kate and her husband, Nick Maradei, are trans-racial adoptive parents, having adopted at birth two African American daughters to complete their family along with their biological son.

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Federal Income Tax Update: Part 2

Keith, a white man with brown hair, wears wire-rimmed glasses, a white shirt and black jacket.By Keith A. Wood

I. Audit Statistics: What Are Your Chances of Being Audited?

The 2022 Internal Revenue Service Data Book contains audit statistics for years 2012 through 2020, as of the fiscal year ended September 30, 2022 (FY 2022). For tax years 2018 and earlier, the statute of limitations for audits had generally expired as of September 30, 2022. However, for 2019 and 2020 returns, the statute of limitations has yet to expire, so additional returns of those years may be audited.

For 2012 through 2018, audit rates dropped significantly. For example, individual tax returns had an audit rate of 0.8% for 2012 returns versus 0.3% for 2018. In addition, for individuals with income between $1 million and $5 million, the audit rate dropped from 4.9% for 2012 returns to 1.2% for 2018 returns.

The overall audit rate for C corporations dropped from 1.3% for 2012 returns to 0.5% for 2018 returns. For partnerships and S corporations, the audit rate for 2012 returns was 0.3% and 0.4%, respectively, compared to 0.1% and 0.1% for 2018 returns.

In FY 2022, 21.4% of audits were field audits. The others were correspondence audits.

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Checking In: June 27, 2023

New Firm Announcement: Jennings Law

Barry, a man with brown hair and a beard, wears a blue button-down shirt, black tie, and grey jacket. Jennings Law opened in Raleigh on April 1, 2023. Barry Jennings, owner of Jennings Law, is a Board Certified Specialist in North Carolina workers’ compensation law and a North Carolina Dispute Resolution Commission Certified Mediator. Jennings has practiced law since 2003. He has represented insurance carriers and employers at Hedrick Gardner Kincheloe & Garafaloe, LLP and individuals at The Law Offices of James Scott Farrin, where he was a partner. Jennings focuses his practice on mediation and believes that mediation is one of the most powerful tools available to parties in civil disputes and North Carolina workers’ compensation claims. He served as chair of the NCBA Workers’ Compensation Section from 2020-2021. Jennings graduated with honors from the University of North Carolina School of Law. He holds a bachelor’s degree from North Carolina State University.

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Government & Public Sector Section 20th Anniversary: Part 2

Terri, a woman with brown hair, wears a black, white and gold blouse and is pictured smiling.By Terri Jones

In Part 1, you were introduced to the past Chairs of the Government & Public Sector Section. I had the privilege of interviewing seventeen past chairs of the section. In addition to telling us what they remember most about their time as chair, they also responded to these three questions:

What impact has the GPS Section had on your career in public service?

What do you tell law students about careers in public service?

What could the GPS Section do that it has not done already?

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