Virtual Conferencing, Round Two! At 2021 NCBA Annual Meeting (June 17-18)

By Russell Rawlings

The 123rd Annual Meeting of the North Carolina Bar Association will be held on Thursday and Friday, June 17-18. As we continue to prioritize the health and safety of our members and staff, the North Carolina Bar Association will conduct this year’s Annual Meeting in a virtual format.

Extending over two days, the agenda for the NCBA Annual Meeting will more closely resemble agendas from years past – and years future – when members gathered in person. More time will be provided for entertainment and awards, including recognition of the 2021 Legal Legends of Color.

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Why You Don’t Want to Close the “Instant Flip”

By Peter U. Kanipe

The real estate market has not only completed its comeback, but it has also seen property sales hitting record highs in many markets. And with this uptick in sales comes a more aggressive and potentially risky type of transaction known as “flipping.”

A flip transaction is when a real estate investor buys a piece of property with the intention of quickly reselling to turn a profit. There is nothing illegal on its face about flipping properties if there is no fraud involved. But there is one type of flip transaction, which I call the “instant flip,” that comes with a wide variety of ethical pitfalls for closing attorneys.

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A Conversation with Person Early College: Legal LINK’s First Virtual Panel!

By Larissa Mañón Mervin

Legal LINK is a subcommittee of the NCBA Young Lawyers Division. Traditionally, our program arranges for legal professionals to visit local high schools and share information about the legal profession with underrepresented youth. Specifically, we share information about the four building blocks of the LINK program: leadership, information, networking and knowledge.

However, like so many programs throughout our communities, we are no longer able to go in person due to the pandemic. As a result, we had to find ways to adapt to the safety needs of our community while remaining true to our mission. We did this by offering the same program through a virtual format. This opened the amount of opportunities we could explore, and on March 12, we had our first virtual conversation with Person Early College. We could not be prouder of the results!

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April Expert Series CLE: ‘Entertainment Law and Coronavirus’

The April Expert Series CLE, “Entertainment Law and Coronavirus,” is available for viewing. The speakers included:

  • Timothy J. “Tim” Browne, Bass Berry & Sims PLC, Nashville, Tenn.
  • Melinda Morris Zanoni, Apollo Sports & Entertainment Law Group PLLC, Charlotte.

To access the CLE, click here.

In this CLE, Tim Browne and Melinda Zanoni discuss how COVID-19 has affected the practice of entertainment law, including challenges as content pivots to digital platforms, legal triage for counseling clients on how to operate in a lockdown, and COVID-defying solutions to pandemic problems faced by entertainment clients. Find out how to limit coronavirus liability at venues and discuss revisiting entertainment contract force majeure clauses in the era of COVID.

**Each month, the NCBA releases one-hour, on-demand CLEs, which are free of charge as the costs are included as part of your annual NCBA dues.

MIP’s Diverse Perspectives: Neubia Harris

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 Neubia Harris, Managing Attorney, The Law Office of Neubia L. Harris, PLLC.

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

Wake Forest University School of Law, 2010. Read more

Cryptocurrency, NFTs, Collectibles, and IP – NBA and the Arts Cross Over Into New Territory

By Daniel Goldstein

In today’s age, blockchain, cryptocurrencies, and non-fungible tokens (NFTs) are sweeping the headlines and making buzz in the press. From artists, to musicians (Kings of Leon, Mike Shinoda), to athletes, investors and businesspeople alike, many are taking advantage of the juxtaposition of cryptocurrencies and their respective industries. It will be fascinating to see how this convergence between collectibles and cryptocurrencies develops.

NFTs are essentially digital collectibles – they can represent things (a tweet, or an asset) or they can be things (like art, or a highlight). The value proposition here is that these NFTs are unique in the digital sense. They exist on a blockchain, which is a decentralized, often public, digital ledger consisting of records called blocks. The blockchain is used to record transactions across multiple computers so that any involved block cannot be altered retroactively without the alteration of all subsequent blocks. So, while anyone can copy and download a video highlight package or image file, the NFT has a record saying that it only has one owner. Well-known entrepreneur Gary Vaynerchuck has compared NFTs to various “skins” or costumes that players can purchase in a video game. In fact, a few weeks ago, the New York Times ran a story about a work of art in the form of an NFT that sold online for $69 million.

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Letter to Adelaide

This piece was selected as a winning entry in the YLD’s 2021 Writing Competition.

By Cara N. Ludwig

Dear Daughter,

Today is your first birthday! In some ways, it was typical: a colorful cake and a few gifts you opened and then happily ignored while you played with the boxes. In other ways, it was not at all typical. There was no big gathering to share in your joy. No baptism at church. No trip to the park to celebrate with friends.

It was just us, at home, loving you within the confines of these four walls. As we have done day after day after day.

Your nursery is decorated with globes and maps and signs reminding you that “adventure is waiting for you, little one.” From the moment you were born, I have anticipated traveling the world with you, seeing each new experience through your precious eyes.

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Induction of Robert C. Hunter into the NCBA Legal Practice Hall of Fame

By Henry P. Van Hoy, II

Robert C. Hunter was among a distinguished group of inductees into the North Carolina Bar Association Legal Practice Hall of Fame, class of 2020. I was pleased to nominate Judge Hunter and want readers to know some of the reasons the selection committee chose Bob for induction.

Bob has been married to his lovely wife, Nancy, for 49 years. They have two children and a slew of grandchildren. Having a loving and supportive family is a predicate to success and happiness. A long marriage indicates loving commitment, service, sublimation of self, devotion, deep and abiding values, depth of character, and the ability to work through and solve problems, all characteristics Bob possesses in spades. These qualities are reflected in Bob’s dedication to the law and to his efforts to make his community, the state, the judiciary, and the legal profession better. His daughter, Claire, is a lawyer following in her dad’s footsteps. I submit that Claire chose to become a lawyer because she deemed her Dad’s career is worthy of following, high praise. Read more

Mitigating the Effect of Construction Price Escalations

By Jeff Reichard

Over the past year, the volatility of construction material prices has wreaked havoc on construction budgets and caused many disputes between owners, general contractors, subcontractors and material suppliers. For example, lumber prices have tripled, PVC and copper prices have almost doubled, and certain material suppliers have refused to hold pricing for more than twenty-four hours. This begs the following questions: who bears the risk of these price escalations, and how can construction stakeholders mitigate these risks? Continue reading the full post here.

NCBA Government & Public Sector Section Summer Scholarship

By R. Wyatt Bland

I would like to thank the North Carolina Bar Association Government & Public Sector Section for awarding me with a $500 scholarship to supplement my living expenses during my internship with the Wake County District Attorney’s Office. I applied for the scholarship this past summer by submitting my resume and a cover letter about my passion for public service.

I strive to live a life of service and make a difference. That goal is why I joined the North Carolina Army National Guard in high school. While attending East Carolina University, I followed my passion for service by striving to embody the university motto of “Servire” – “To Serve” – through various service roles within the Student Government Association and the Student Conduct Board. In my first year as a student representative, I sponsored more legislation than any other member, which led to positive changes in my community, ranging from healthier options at the dining hall to the installation of a crosswalk at a local intersection. I continued to serve in law school as the NCBA Student Representative and vice president, managing partner for the Veterans Pro Bono Project, and editor in chief of the Campbell Law Observer. As the managing partner for the Veterans Pro Bono Project, I led the transition from a project that lacked direction and opportunities to a project now approved by the faculty and Dean to provide pro bono discharge upgrade services.

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