We hope everyone’s 2023 is off to a great start! The Dispute Resolution Section asks all mediators, arbitrators, collaboratively trained practitioners/neutrals, paralegals, and attorneys to please complete this Pro Bono Survey.
The survey measures pro bono work in the field of dispute resolution (including but not limited to mediation, arbitration, and collaborative law cases). Your responses will help determine nominees for the NCBA Pro Bono Awards and the inaugural Harmony Award.
Section 401(a)(9) requires annual minimum distributions from traditional IRAs beginning in the year the owner of the account attains age 72 or, if later, the year in which the person retires. These minimum distributions trigger income taxes at ordinary income rates where otherwise the recipient may wish not to receive distributions. Fortunately, for those who are charitably minded, the Code provides a mechanism whereby retired individuals can support charities of their choice and also minimize the income taxes caused by required minimum distributions.
Welcome, Paralegal Division members, to the new year! As we transition into a brand new calendar year, I would like to take a moment to thank you for being a part of our division and engaging with us. Our council and committee chairs have worked hard to bring quality endeavors to you thus far, and as we continue into 2023, we would like to continue to do so.
With that being said, I would like to take a moment to reflect on what our division has already managed to accomplish this bar year:
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.pngParalegals2023-01-17 11:40:042023-01-27 13:09:39A Brand New Year: Looking Back at 2022 While Stepping Into 2023
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.
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 YLD2023-01-17 09:00:102023-01-17 12:35:40Searching for Volunteers for the Grab-a-Coffee Program – Spring 2023
In 2022, three influential organizations took a public position on this issue of parent-child contact problems. The American Professional Society Against Child Abuse (APSAC) is the leading national organization supporting professionals who serve children and families affected by child maltreatment and violence. Over the years, APSAC has repeatedly opposed the harmful presumption among many family court professionals that parental alienation is the reason for a child refusing contact with the other parent. In its most recent position statement, APSAC warns that a rush to blame one parent for the child’s aversion to contact with the other parent results in professionals failing to investigate allegations of abuse or mistreatment and making recommendations that are detrimental to the child’s best interests.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00FamilyLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngFamilyLaw2023-01-11 15:33:242023-01-11 15:33:24“Parental Alienation”: Too Often a Red Herring in Child Custody Cases
The Council of the Dispute Resolution Section met on December 7, 2022, with 37 Council members, committee chairs and past section chairs in attendance. Up for discussion were seven possible task force topics and the results of a survey of Council members and other section leaders about those topics. The survey included questions about whether participants would actively participate in a task force and, if so, which of the topics would be their first or second choice. Here is a summary of the survey results:
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2023-01-10 11:43:232023-01-10 11:43:23Beyond Court-Ordered Mediation: Creating a Task Force to Evaluate Future Dispute Resolution Needs of North Carolinians
I have had the benefit of being a member in the section since law school, having been pushed to join by my law school professor. From the moment I joined the section, I found myself surrounded by smart, driven attorneys. As I became involved in committees and council meetings, I was continuously pushed to be a better researcher, writer, and attorney. Members of the section would become my mentors and friends, people who I can (and still do) call with questions about a case or simply for personal and professional guidance.
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.pngConstruction2023-01-10 11:30:212023-01-10 11:30:21A Message from the Section Chair
The Antitrust & Complex Business Disputes Law Section invites you to register for its annual program on February 2, 2023. The program contains 7.0 hours of CLE credit, including 1.0 hour of credit for both ethics and substance abuse/mental health. The topics are tailored toward the active and aspiring business litigator, including navigating complex privilege issues, using experts, insurance issues in complex litigation and addressing mental health for litigation attorneys. We also will have the popular View From the Bench featuring the current North Carolina Business Court Judges. We look forward to seeing you in person at the Bar Center. Additional information and details are available on the program registration page. Hope to see you in February.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ACBDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngACBD2023-01-10 10:59:532023-01-10 11:03:29Antitrust & Complex Business Disputes Law Section Annual CLE Program
College football season is upon us, and The Ohio State University is in the hunt for the playoffs. As good as they have been on the field, the school’s first win came before the season started. In June, the United States Patent and Trademark Office granted Ohio State an unusual trademark: the word “The.”
For those unfamiliar with Ohio State, the attempt to claim ownership of a definite article may seem absurd, but the word “The” holds a special place in the heart of Buckeyes everywhere. While it has been a part of the school’s name since 1878, the university made a push in the 1980s to emphasize the word “The” as part of the college’s brand and to distinguish it from other OSU colleges such as Oregon State University and Oklahoma State University. Since then, the word has appeared on Ohio State merchandise, promotional materials, and is emphasized in the pre-game introductions of Buckeyes competing in professional sports. The school’s first application for the trademark was denied, since the USPTO was skeptical that the word was being used as an indication of source, but their second attempt was approved after demonstrating the sheer amount of marketing and advertising they had poured into creating a link between the word and the Ohio State brand.
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.pngSportsandEntertainment2023-01-09 16:57:412023-01-09 17:02:15“The” Ohio State University and the Trademark Protection of Cultural Identity
The North Carolina Bar Foundation’s (“NCBF”) chief objective is to unite the talent and generosity of the legal profession to be a power of greater good for North Carolinians. Much of the NCBF’s success depends on the commitment of donors and volunteers whose leadership inspires pro bono and public service programs that further the values of access to justice, service, civic education, and professionalism. Even further, the NCBF’s Endowment Committee convenes a few times a year to decide on which well-deserved organization to make site visits and provide grants to North Carolina organizations that are engaged in programming or projects that advance the Foundation’s chief objective.
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 YLD2023-01-09 10:16:482023-01-09 17:13:18Even Small Gifts Make a Big Impact
Pro Bono and Nominating Committee Updates
Dispute Resolution SectionWe hope everyone’s 2023 is off to a great start! The Dispute Resolution Section asks all mediators, arbitrators, collaboratively trained practitioners/neutrals, paralegals, and attorneys to please complete this Pro Bono Survey.
The survey measures pro bono work in the field of dispute resolution (including but not limited to mediation, arbitration, and collaborative law cases). Your responses will help determine nominees for the NCBA Pro Bono Awards and the inaugural Harmony Award.
Read more
Qualified Charitable Distributions from IRAs
Tax SectionSection 401(a)(9) requires annual minimum distributions from traditional IRAs beginning in the year the owner of the account attains age 72 or, if later, the year in which the person retires. These minimum distributions trigger income taxes at ordinary income rates where otherwise the recipient may wish not to receive distributions. Fortunately, for those who are charitably minded, the Code provides a mechanism whereby retired individuals can support charities of their choice and also minimize the income taxes caused by required minimum distributions.
Read more
A Brand New Year: Looking Back at 2022 While Stepping Into 2023
Paralegal DivisionWelcome, Paralegal Division members, to the new year! As we transition into a brand new calendar year, I would like to take a moment to thank you for being a part of our division and engaging with us. Our council and committee chairs have worked hard to bring quality endeavors to you thus far, and as we continue into 2023, we would like to continue to do so.
With that being said, I would like to take a moment to reflect on what our division has already managed to accomplish this bar year:
Read more
Searching for Volunteers for the Grab-a-Coffee Program – Spring 2023
Young Lawyers DivisionDo 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.
Read more
“Parental Alienation”: Too Often a Red Herring in Child Custody Cases
Family Law SectionIn October 2020, I wrote about the weaponization of the charge of parental alienation in family court, and how it obscures the multiple legitimate reasons children have for rejecting contact with a parent.
In 2022, three influential organizations took a public position on this issue of parent-child contact problems. The American Professional Society Against Child Abuse (APSAC) is the leading national organization supporting professionals who serve children and families affected by child maltreatment and violence. Over the years, APSAC has repeatedly opposed the harmful presumption among many family court professionals that parental alienation is the reason for a child refusing contact with the other parent. In its most recent position statement, APSAC warns that a rush to blame one parent for the child’s aversion to contact with the other parent results in professionals failing to investigate allegations of abuse or mistreatment and making recommendations that are detrimental to the child’s best interests.
Read more
Beyond Court-Ordered Mediation: Creating a Task Force to Evaluate Future Dispute Resolution Needs of North Carolinians
Dispute Resolution SectionWe move forward.
The Council of the Dispute Resolution Section met on December 7, 2022, with 37 Council members, committee chairs and past section chairs in attendance. Up for discussion were seven possible task force topics and the results of a survey of Council members and other section leaders about those topics. The survey included questions about whether participants would actively participate in a task force and, if so, which of the topics would be their first or second choice. Here is a summary of the survey results:
Read more
A Message from the Section Chair
Construction Law SectionDear Section Members:
I have had the benefit of being a member in the section since law school, having been pushed to join by my law school professor. From the moment I joined the section, I found myself surrounded by smart, driven attorneys. As I became involved in committees and council meetings, I was continuously pushed to be a better researcher, writer, and attorney. Members of the section would become my mentors and friends, people who I can (and still do) call with questions about a case or simply for personal and professional guidance.
Read more
Antitrust & Complex Business Disputes Law Section Annual CLE Program
Antitrust & Complex Business Disputes LawThe Antitrust & Complex Business Disputes Law Section invites you to register for its annual program on February 2, 2023. The program contains 7.0 hours of CLE credit, including 1.0 hour of credit for both ethics and substance abuse/mental health. The topics are tailored toward the active and aspiring business litigator, including navigating complex privilege issues, using experts, insurance issues in complex litigation and addressing mental health for litigation attorneys. We also will have the popular View From the Bench featuring the current North Carolina Business Court Judges. We look forward to seeing you in person at the Bar Center. Additional information and details are available on the program registration page. Hope to see you in February.
“The” Ohio State University and the Trademark Protection of Cultural Identity
Featured PostsCollege football season is upon us, and The Ohio State University is in the hunt for the playoffs. As good as they have been on the field, the school’s first win came before the season started. In June, the United States Patent and Trademark Office granted Ohio State an unusual trademark: the word “The.”
For those unfamiliar with Ohio State, the attempt to claim ownership of a definite article may seem absurd, but the word “The” holds a special place in the heart of Buckeyes everywhere. While it has been a part of the school’s name since 1878, the university made a push in the 1980s to emphasize the word “The” as part of the college’s brand and to distinguish it from other OSU colleges such as Oregon State University and Oklahoma State University. Since then, the word has appeared on Ohio State merchandise, promotional materials, and is emphasized in the pre-game introductions of Buckeyes competing in professional sports. The school’s first application for the trademark was denied, since the USPTO was skeptical that the word was being used as an indication of source, but their second attempt was approved after demonstrating the sheer amount of marketing and advertising they had poured into creating a link between the word and the Ohio State brand.
Read more
Even Small Gifts Make a Big Impact
Young Lawyers DivisionThe North Carolina Bar Foundation’s (“NCBF”) chief objective is to unite the talent and generosity of the legal profession to be a power of greater good for North Carolinians. Much of the NCBF’s success depends on the commitment of donors and volunteers whose leadership inspires pro bono and public service programs that further the values of access to justice, service, civic education, and professionalism. Even further, the NCBF’s Endowment Committee convenes a few times a year to decide on which well-deserved organization to make site visits and provide grants to North Carolina organizations that are engaged in programming or projects that advance the Foundation’s chief objective.
Read more