Spotlight: Amy Wang

By Rick Kolb

Amy Wang is the incoming chair of the Environment, Energy & Natural Resources Section, and she is an attorney at Ward and Smith, P.A., based in their New Bern office. She leads the environmental practice for her firm, where she has worked for 17 years.

Amy was born in Kansas City, Missouri, and moved to Anchorage, Alaska, when her father was drafted by the U.S. Army after graduating from the University of Kansas with a degree in U.S. history. Amy’s family moved a lot after her father left the Army to begin his career with Mobil Oil: Kansas to Nebraska, back to Kansas, back and forth between Chicago, Illinois, Virginia and Pennsylvania (six different junior high and high schools). After graduating from high school in Virginia, Amy attended the University of Virginia as an undergraduate and spent fall semester of her junior year at University College London. During summer breaks after her first, second, and third years of undergraduate school and for a year after graduating in 1992, she worked for the Wiley Rein & Fielding law firm in Washington, D.C.

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Volunteer to Prepare Expunction Petitions Remotely

By Rachel Royal 

In August 2021, the North Carolina Pro Bono Resource Center (NCPBRC) will partner with the Mecklenburg County Clerk of Superior Court’s Office and SelfServe Center, as well as the Charlotte DA’s and PD’s Offices, to offer advice regarding applicants’ eligibility for expunction relief under North Carolina law. Applicants will meet with a volunteer attorney to learn whether they are eligible or ineligible for relief.

This will be the fourth clinic of its kind. The previous three were held in October 2019, June 2020, and February 2021. For the first time, the project contemplates recruiting paralegal volunteers to review records and prepare petitions in advance of the clinic. Each petition should take about 15 minutes to prepare, and approximately 60 clients are expected to be eligible for relief. Virtual training will be provided by NCPBRC and partner staff.

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A Gift

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The NCBA Professional Vitality Committee creates sourced articles centered on reducing inherent stress and enhancing vitality in the lives of legal professionals and offers those resources as a benefit for members of the North Carolina Bar Association.

By Coleman Cowan

I started a trial on Feb. 17, 2020, four weeks before the coronavirus covered the Earth and began to shut down our lives. Before that, there was a week of pre-trial motions. For five weeks – and really even before that – I had long days, followed by late nights and early mornings. I was living week to week, and more often, day to day.

I try not to bring work stress home, but there was no hiding it. My wife Angie could see how worn down I was when I got home from court, knowing I still had several hours of work to get ready for the next day. Every night she would ask, “What can I do to help?” There was nothing she could do, but the thought was helpful in itself.

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On Campus or Off Campus – That is Still the Question: Mahoney Area Sch. Dist. v. B.L. and the Supreme Court’s New Digital Frontier

By Kristopher L. Caudle

On campus or off campus – that is still the question for school officials following the Supreme Court’s recent First Amendment opinion: Mahoney Area School District v. B.L., 594 U.S. ___, 141 S. Ct 2038, 2021 U.S. LEXIS 3395 (2021). For more than 50 years, the Supreme Court has managed to balance two competing First Amendment principles: (1) that a student does not shed all of their free speech rights at the “schoolhouse gate,” and (2) that public school officials have a special interest in regulating certain aspects of student speech that may cause a material and substantial disruption to the school environment. See Tinker v. Des Moines, 393 U.S. 503, 506-07 (1969).

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MIP’s Diverse Perspectives: William D. Ramos

By William D. Ramos

MIP’s Diverse Perspectives is a monthly blog feature to spotlight a member from North Carolina’s community of diverse attorneys and legal professionals. Members have the opportunity to share a personal perspective through a brief set of interview questions.

This month’s perspective is courtesy of William D. Ramos; Ramos Law, PA.; Raleigh.

What law school did you attend and what was your graduation year? 

Florida A&M University College of Law, 2017.

What inspired or prompted you to become an attorney?

Seeing and experiencing the powerlessness of the average person against the “powers that be.”

Please describe a barrier or obstacle you have overcome in your professional career? 

Being an older, new attorney is fraught with its own barriers or challenges. As a Hispanic, the first obstacle is having people believe you are, in fact, an attorney. Considering that only 5% of lawyers are Hispanic, a sad fact, it is not surprising to have people question my being a lawyer.

Do you have a message of encouragement for others who may have experienced similar challenges or adversity as a diverse attorney? 

Do not give up. I’ll share what I’ve always told my children and now my grandchildren. Take a knee, catch your breath, then get up and move. Anywhere is better than on your knees.

William D. Ramos is the owner of Ramos Law, PA. Please visit his full bio at: https://www.linkedin.com/in/william-bill-ramos-esq/.

Network Segmentation – Perhaps the Only Piece of Good News From the Colonial Pipeline Hack

By Eva Lorenz

Introduction

Now that the situation at the pump seems to have recovered and returned to normal, it is time to figure out what actually happened in the Colonial pipeline attack and what lessons, if any, we can learn from yet another high profile cyberattack involving ransomware.

First, a few introductory words and some background on ransomware: ransomware is a common form of cyberattack in our time, and it involves attackers deploying code onto the victim’s network that results in encrypting files and folders throughout the network. According to the FBI, the best way to contain the attack is to block the code from moving across the network. For recovery from the attack, companies often rely on sound backup practices that allow them to restore encrypted files and folders without losing too much data. Of course, victims of ransomware attacks can also pay ransom, but that practice is still discouraged by the FBI and in some cases actually forbidden since the groups behind the attack are deemed sanctioned foreign entities.

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2020-2021 Construction Law Section Summary

By Matt Bouchard

In With the New

Apparently time still flies by, even during a pandemic. It has been such an honor serving the Construction Law Section and its incredible members as Chair this past bar year, and it’s hard to fathom that the year is at its end. The section is in terrific hands as we move into the 2021-2022 bar year on July 1, with Parker Moore ([email protected]) taking the reins as Chair, ably assisted by Carl Burchette ([email protected]) as Vice-Chair, Sandy Mitterling Schilder ([email protected]) as Secretary, and Caroline Trautman ([email protected]) as Treasurer. Please reach out to them and let them know how the section can better serve you — as well as how you can serve the section.

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New Law Clarifies Pro Hac Vice Practice Before Administrative Agencies

The General Assembly has amended Chapter 84 to clarify how out-of-state attorneys may apply to practice pro hac vice before the Utilities and Industrial Commissions and OAH, and any other administrative agencies. S 277 (SL 2021-60). Ret. & Treasury Tech. Corrections Act Of 2021. The governor signed the bill on Monday, June 28. It is effective on July 1, 2021. The change:

1.  Specifies that the out-of-state attorney must apply to the relevant forum for permission to practice pro hac vice, and

2.  Specifies that the out-of-state attorney must direct the $225 fee to the administrative agency head. The agency does not keep the fee, but instead must then send $200 to the treasurer for support of the courts and $25 to the State Bar to support regulation of out-of-state attorneys practicing in North Carolina.

When You Do Not Know What You Do Not Know: Are There Certain Interests Not Foreclosed In a Tax Foreclosure?

James W. Narron

Taylor Avioli

By James W. Narron and Taylor Avioli

Once upon a time there was abroad in the east a rogue with a tax scheme: set up a North Carolina nonprofit corporation, with the word, “Conservation,” in the name, have one-page minutes naming prominent folks like judges as directors, and file the same away. Not only would the directors not meet, but also they were never aware of the company or that they were named. Without any of the baseline data and other requirements for a conservation easement included in the 26 U.S.C Section 170(h) regulations, cause a deed to be made to the company and encourage owners of the land to take certain federal deductions for a conservation easement and certain state tax credits (at a time when those were allowed). See, e.g., Lukens Island Timber Enterprises, LLC, v. Coastal Hunting Land Conservation Group, Inc., 09 CVS 1901 (Carteret County Superior Court rescinded the conservation easement based on fraud of the creator). In some cases, the owners would just abandon the lands, after which in due course a tax foreclosure would follow.

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Paralegal Spotlight: Mary Accardi

By Mary Accardi

I became a paralegal a few years ago, not as a recent college graduate nor as my first profession, but as someone looking for divine intervention.

My younger self was a stay-at-home mom until my divorce. At the time, I was determined to support myself, and against the advice of my attorney, did not ask for alimony. Maybe not a great idea in retrospect, but knowing myself, I would most likely do it again. I did not have a college degree and had not worked outside of my home in over ten years. I was lucky, though; I found a job in New York City working for an oil broker. Within a year, I was the Office Manager. When they decided to move to Miami, I handled the logistics of moving the office, the brokers, and their families, as well as mine. Being a single Mom in an unfamiliar city, five hundred miles from all that I knew, I was miserable; I missed my family and friends. I connected with someone that knew someone, and as luck would have it, found a job immediately back in Midtown Manhattan. Back then, you could make a decent living without a college education. It was a different time. However, internally, I frequently felt “less than.”

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