You may have seen that nominations for the North Carolina Bar Association’s Legal Practice Hall of Fame are now open and are set to close on March 25, 2022. All of you are busy and have other things to do, but I want to encourage you take a little time to consider this opportunity to nominate a lawyer who meets the criteria for this honor. One thing I can promise you is that it will mean more than you can know to that person – and to his or her family, friends, and colleagues.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Senior Lawyershttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSenior Lawyers2022-03-09 13:14:122022-03-09 13:14:12Nominate a Deserving Colleague for the Legal Practice Hall of Fame Award!
The Military & Veterans Law (MVL) Section is proud to recognize professor John W. Brooker as the 2021 recipient of the Kirk Warner Award for Distinguished Service to Military and Veterans. This award recognizes an individual who has provided not only outstanding service to military members and/or veterans, but who also encourages others to do the same.
Brooker’s selfless devotion to military members and veterans was seamlessly borne out of his own selfless service to this nation. Brooker is a 20-year Army veteran who currently serves as the director of the Military and Veterans Law Clinic at the University of North Carolina (UNC) School of Law. He also teaches a variety of courses in the national security law field. Brooker is a 2003 graduate of UNC School of Law.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00MilitaryandVeteranshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngMilitaryandVeterans2022-03-04 15:22:082022-03-04 15:22:08Military and Veterans Law Section Honors John Brooker
Having been involved in a fair number of due diligence reviews over the course of my career, I can’t imagine there is a single due diligence checklist that doesn’t include an examination of key employment agreements. And anyone tasked with performing that assessment would certainly check to ensure those agreements include post-employment restrictions for those key employees. Having litigated employment disputes for over 20 years, however, I’ve come to the realization that going just a few steps further than what may be found on the typical diligence list can prevent a lot of headaches, distractions, and costs that so often occur post-transaction.
The Small Business Reorganization Act of 2019 (“SBRA”) provides a new remedy for small businesses looking to use bankruptcy for a fresh start. The SBRA’s streamlined process makes it possible for small business debtors to reorganize and rehabilitate their financial affairs more efficiently.
But, to qualify for reorganization under the SBRA, there are requirements that must be met. Pursuant to Section 1182(1)(A), a debtor interested in restructuring under the act must be “a person engaged in commercial or business activities.” Three elements arise out of that requirement: (i) be a “person,” (ii) “engaged in,” (iii) “commercial or business activities.” Understanding what “person” means is simple enough, since it is defined at Section 101(41) of the Code. The Bankruptcy Code provides no definition for the other elements. As a result, debtors and their attorneys must turn to case law to interpret what those last two elements mean. One such case, In re Rickerson, was decided at the close of 2021 by the Bankruptcy Court for the Western District of Pennsylvania.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2022-03-02 10:07:492022-03-02 10:07:49Developments in Case Law Concerning Debtor Qualifications Under the SBRA
Psychologists refer to the place outside the comfort zone as a place of “optimal anxiety.”[1] Being a “new” attorney (whether practicing in a new jurisdiction or recently licensed) during a pandemic is more than being outside of your comfort zone; it is more like being in a panic zone.
Just before the pandemic began, I made the move from New York to North Carolina. Prior to moving to the Charlotte area, I lived in one zip code for 40 years. I commuted to college and law school. I worked in one office for 15 years. I was used to knowing my way around. I knew the court officers and clerks by name; I knew all the judges and their proclivities. I was friendly with most opposing counsel. I frequently attended social functions – retirement parties, holiday parties, and fundraisers.
The Real Property Section Council continues to work diligently on behalf of the section. Below is a summary of those efforts, as reported in our last Council meeting on February 8, 2022.
Return to the Vault Program
I, personally, am very excited about this new section program. The purpose of the program is to bring the section membership together via Zoom on a regular basis, recognizing that few of us go to “the vault” to search titles anymore and have lost that sense of community the more senior members of the section once had. We would like to bring that sense of community back, especially considering the social distancing and remote meeting requirements we’ve dealt with in the past two years. The meetings will have a stated purpose, usually educational (but no CLE credit will be sought), but sometimes maybe just for fun. We plan to have presentations roughly every month. We’ll skip May 2022 since we will have our Annual Meeting then. We may also skip summer months since many members take vacations then. We will seek sponsors to support the programming, so please consider being a sponsor. Please also share program ideas with Matt Waters and/or me. A committee is being formed to plan these programs and Matt Waters will chair it.
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.pngRealProperty2022-02-25 14:37:052022-02-25 16:23:00February Update from the Real Property Section Chair
Through our postings on the NCBarBlog, we strive to do our part to help the NCBA fulfill its mission of promoting the administration of justice and encouraging the highest standards of integrity, competence, civility, and the well-being of others in a very special way. We would like to hear from you, the Small Firm & Technology Section members, concerning ideas that you may have for items that we can discuss which will continue to fulfill this mission. To that end, we’ve provided a short survey which we invite you to complete, NCBA Small Firm & Technology Section Content Survey.
The deadline for the survey is Friday, March 11.
Thank you for your cooperation and your continuing efforts on behalf of the NCBA and the legal profession.
Erin Edgar and Shannon Lanier serve as the 2021-2022 Communications Co-Chairs for the Small Firm & Technology Section.
On April 23, 2022, the Charlotte Expunction Project will hold another clinic at the Mecklenburg County Courthouse. This project is a partnership between the North Carolina Pro Bono Resource Center (PBRC), the SelfServe Center, the Mecklenburg County Clerk of Superior Court’s Office, the District Attorney’s Office, and Public Defender’s Office. During the clinics, volunteer public defenders offer advice to applicants regarding their eligibility for expunction relief under North Carolina law. Due to changes in the law that may be temporary, the upcoming clinic will only offer expungement assistance for dismissed charges, Not Guilty charges, and youthful offender convictions. However, the number of clients the clinic will serve will expand by 33% over the previous event.
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.pngParalegals2022-02-23 11:13:582022-02-23 11:13:58Volunteer Remotely for the Charlotte Expunction Clinic
Greetings from the WDNC Bankruptcy Administrator’s Office. We are back to share some more helpful technology tips for using Case Management/Electronic Case Files (“CM/ECF”).
I. Generate a list of all open cases in which you have made an appearance.
Did you know that you can do a search on CM/ECF for cases in which you are involved in any district? Once you are logged into CM/ECF for the applicable court, click on “Query.” In the Search Clues, you will enter your last name and first name in the respective boxes. In the box for Type, click the drop-down arrow and select “Attorney.” Next, click the box for Open cases so that you are not getting a return of every case you ever filed. Lastly, click “Run Query.”
Nominate a Deserving Colleague for the Legal Practice Hall of Fame Award!
Senior Lawyers DivisionBy
Dan Hartzog
You may have seen that nominations for the North Carolina Bar Association’s Legal Practice Hall of Fame are now open and are set to close on March 25, 2022. All of you are busy and have other things to do, but I want to encourage you take a little time to consider this opportunity to nominate a lawyer who meets the criteria for this honor. One thing I can promise you is that it will mean more than you can know to that person – and to his or her family, friends, and colleagues.
Read more
Military and Veterans Law Section Honors John Brooker
Military & Veterans LawThe Military & Veterans Law (MVL) Section is proud to recognize professor John W. Brooker as the 2021 recipient of the Kirk Warner Award for Distinguished Service to Military and Veterans. This award recognizes an individual who has provided not only outstanding service to military members and/or veterans, but who also encourages others to do the same.
Brooker’s selfless devotion to military members and veterans was seamlessly borne out of his own selfless service to this nation. Brooker is a 20-year Army veteran who currently serves as the director of the Military and Veterans Law Clinic at the University of North Carolina (UNC) School of Law. He also teaches a variety of courses in the national security law field. Brooker is a 2003 graduate of UNC School of Law.
Read more
Don’t Overlook Key Employment Agreement Provisions During Due Diligence
Business LawHaving been involved in a fair number of due diligence reviews over the course of my career, I can’t imagine there is a single due diligence checklist that doesn’t include an examination of key employment agreements. And anyone tasked with performing that assessment would certainly check to ensure those agreements include post-employment restrictions for those key employees. Having litigated employment disputes for over 20 years, however, I’ve come to the realization that going just a few steps further than what may be found on the typical diligence list can prevent a lot of headaches, distractions, and costs that so often occur post-transaction.
Read more
Developments in Case Law Concerning Debtor Qualifications Under the SBRA
BankruptcyBy Jonathan Dickerson
The Small Business Reorganization Act of 2019 (“SBRA”) provides a new remedy for small businesses looking to use bankruptcy for a fresh start. The SBRA’s streamlined process makes it possible for small business debtors to reorganize and rehabilitate their financial affairs more efficiently.
But, to qualify for reorganization under the SBRA, there are requirements that must be met. Pursuant to Section 1182(1)(A), a debtor interested in restructuring under the act must be “a person engaged in commercial or business activities.” Three elements arise out of that requirement: (i) be a “person,” (ii) “engaged in,” (iii) “commercial or business activities.” Understanding what “person” means is simple enough, since it is defined at Section 101(41) of the Code. The Bankruptcy Code provides no definition for the other elements. As a result, debtors and their attorneys must turn to case law to interpret what those last two elements mean. One such case, In re Rickerson, was decided at the close of 2021 by the Bankruptcy Court for the Western District of Pennsylvania.
Read more
New Kid on the Block (Pandemic Version)
Professional Vitality, Professional Vitality CommitteeKelly Carroll
Linsay Boyce
By Kelly Carroll, with assistance from Linsay Boyce
Psychologists refer to the place outside the comfort zone as a place of “optimal anxiety.”[1] Being a “new” attorney (whether practicing in a new jurisdiction or recently licensed) during a pandemic is more than being outside of your comfort zone; it is more like being in a panic zone.
Just before the pandemic began, I made the move from New York to North Carolina. Prior to moving to the Charlotte area, I lived in one zip code for 40 years. I commuted to college and law school. I worked in one office for 15 years. I was used to knowing my way around. I knew the court officers and clerks by name; I knew all the judges and their proclivities. I was friendly with most opposing counsel. I frequently attended social functions – retirement parties, holiday parties, and fundraisers.
Read more
YLD e-Blast: February 2022
Young Lawyers DivisionClaire O’Brien
Michael Cohen
By Claire O’Brien and Michael Cohen
DATES TO KNOW
March 1-31 | Legal Feeding Frenzy
April 19 | Insurance Law, Workers’ Compensation and Young Lawyers Division Joint Networking Event | 5 p.m.
Read more
February Update from the Real Property Section Chair
Real PropertyDear Real Property Section:
The Real Property Section Council continues to work diligently on behalf of the section. Below is a summary of those efforts, as reported in our last Council meeting on February 8, 2022.
Return to the Vault Program
I, personally, am very excited about this new section program. The purpose of the program is to bring the section membership together via Zoom on a regular basis, recognizing that few of us go to “the vault” to search titles anymore and have lost that sense of community the more senior members of the section once had. We would like to bring that sense of community back, especially considering the social distancing and remote meeting requirements we’ve dealt with in the past two years. The meetings will have a stated purpose, usually educational (but no CLE credit will be sought), but sometimes maybe just for fun. We plan to have presentations roughly every month. We’ll skip May 2022 since we will have our Annual Meeting then. We may also skip summer months since many members take vacations then. We will seek sponsors to support the programming, so please consider being a sponsor. Please also share program ideas with Matt Waters and/or me. A committee is being formed to plan these programs and Matt Waters will chair it.
Read more
NCBA Small Firm &Technology Section Content Survey
Small Firm & Technology SectionThrough our postings on the NCBarBlog, we strive to do our part to help the NCBA fulfill its mission of promoting the administration of justice and encouraging the highest standards of integrity, competence, civility, and the well-being of others in a very special way. We would like to hear from you, the Small Firm & Technology Section members, concerning ideas that you may have for items that we can discuss which will continue to fulfill this mission. To that end, we’ve provided a short survey which we invite you to complete, NCBA Small Firm & Technology Section Content Survey.
The deadline for the survey is Friday, March 11.
Thank you for your cooperation and your continuing efforts on behalf of the NCBA and the legal profession.
Erin Edgar and Shannon Lanier serve as the 2021-2022 Communications Co-Chairs for the Small Firm & Technology Section.
Volunteer Remotely for the Charlotte Expunction Clinic
Paralegal DivisionOn April 23, 2022, the Charlotte Expunction Project will hold another clinic at the Mecklenburg County Courthouse. This project is a partnership between the North Carolina Pro Bono Resource Center (PBRC), the SelfServe Center, the Mecklenburg County Clerk of Superior Court’s Office, the District Attorney’s Office, and Public Defender’s Office. During the clinics, volunteer public defenders offer advice to applicants regarding their eligibility for expunction relief under North Carolina law. Due to changes in the law that may be temporary, the upcoming clinic will only offer expungement assistance for dismissed charges, Not Guilty charges, and youthful offender convictions. However, the number of clients the clinic will serve will expand by 33% over the previous event.
Read more
Technology Tips for CM/ECF
BankruptcyBy Shelley K. Abel
Greetings from the WDNC Bankruptcy Administrator’s Office. We are back to share some more helpful technology tips for using Case Management/Electronic Case Files (“CM/ECF”).
I. Generate a list of all open cases in which you have made an appearance.
Did you know that you can do a search on CM/ECF for cases in which you are involved in any district? Once you are logged into CM/ECF for the applicable court, click on “Query.” In the Search Clues, you will enter your last name and first name in the respective boxes. In the box for Type, click the drop-down arrow and select “Attorney.” Next, click the box for Open cases so that you are not getting a return of every case you ever filed. Lastly, click “Run Query.”
Read more