Kettering Foundation Announces New Vice President, Treasurer, and CFO
Jack L. Harper will serve as Vice President, Treasurer, and CFO of the Kettering Foundation. Harper has more than 27 years of public and private experience in tax law and corporate governance. In this position, Harper will oversee the foundation’s finances as well as play a role in the foundation’s work on democracy-related research. As a former Senior Director with Walmart, he was responsible for tax planning and led federal and state tax audit teams. Harper established Walmart’s Global Tax Controversy Center of Excellence. A Certified Public Accountant, Harper served as Chair of the North Carolina Bar Association’s Tax Section. He received a Bachelor of Science in accounting from North Carolina Central University, a Master of Science in taxation from Colorado State University, and a Juris Doctorate, with honors, from North Carolina Central University School of Law.
New Associate Joins the Law Offices of Anna Smith Felts, PLLC
Charles “Charlie” Gray has joined the Law Offices of Anna Smith Felts. His areas of practice are criminal and traffic law, and he is especially interested in criminal defense. He received a bachelor’s degree in political science and a minor in biological sciences from North Carolina State University, a Juris Doctorate from Campbell Law School, and a Master of Laws from Nottingham Law School.
Bradley Arant Boult Cummings LLP Announces New Partner
Matthew S. DeAntonio is now a partner at the Charlotte office of Bradley Arant Boult Cummings LLP. DeAntonio focuses on litigating in matters of intellectual property and complex business disputes. He represents clients in high-stakes trademark infringement cases at the trial court and on appeal and litigates complex business disputes in a variety of commercial settings. DeAntonio also leads the firm’s Franchise and Distribution Practice Group. He earned his Bachelor of Science, cum laude, from the University of South Carolina and his Juris Doctorate, cum laude, from the University of South Carolina School of Law. Read more
The decrease in the corporate tax rate by the 2017 Tax Act has made it more favorable for businesses to operate as C corporations. With more businesses opting to be C corporations, the gain exclusion of Section 1202 is more important. Section 1202 provides an exemption to eligible taxpayers of between 50% and 100% of the gain of the sale of Section 1202 stock.
Section 1202 applies only to qualified small business stock held for more than five years. Qualified small business stock is stock of a C corporation that was issued on or after August 10, 1993, if (a) as of the date of issuance, the corporation was a qualified small business, and (b) the stock was acquired by the taxpayer at its original issue (subject to narrow exceptions). A qualified small business is a U.S. corporation that is a C corporation and the aggregate gross assets of which at all times after August 10, 1993, and before and immediately after issuance did not exceed $50 million. Additionally, the corporation must meet an active business requirement. At least 80% by value of the assets of the corporation must be used in the active conduct of one or more qualified trades or businesses. A qualified trade or business is any trade or business other than the performance of services in the field of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, or financial services, any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of its employees, banking, insurance, financing, leasing, investing, or similar business, any farming business (including raising or harvesting trees), any business involving the production or extraction of products to which a deduction is allowable under Section 613 or 613A, or operating a hotel, motel, restaurant, or similar business.
Sophisticated construction projects often require engaging many professionals whose services are all interconnected and critical to the overall success of the project. Sometimes a design produced by architects and engineers will prove to be flawed, thereby delaying the project as a whole. Such flaws and delays can result in the builder being incapable of completing the project within the specific timeframe designated in the builder’s contract with the property owner and in this event, the property owner may be entitled to terminate the builder for breach of contract.
If a builder is terminated by the property owner in this scenario, does the builder have enforceable claims against the architects and engineers? What if the builder does not have a direct contract with those professionals, or did not have a valid general contractor license at the time work commenced on the project? According to a recent decision from the North Carolina Court of Appeals, the answer is yes, so long as those claims are solely based in common law negligence.
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.pngConstruction2021-01-15 10:14:382021-01-15 10:18:05Court of Appeals Rules on the Application of the Licensure Defense in Tort Claims
Can you mandate that your employees receive the COVID-19 vaccine? What will the Department of Justice be like under President-elect Biden? As in-house counsel, what can we do to support diversity and inclusion in the workplace?
For answers to these and other burning questions, please join us for the Corporate Counsel Section’s annual CLE: In-House Practice in the Age of COVID-19, which will be held in half-day increments on January 21 and 22, 2021. The program offers 6.0 MCLE hours, including 1.0 hour of Substance Abuse/Mental Health credit and 2.0 hours of Technology Training credit. This CLE was prepared by in-house counsel, for in-house counsel. Click here for more information or to register!
At the conclusion of the session on Day 1, your section is offering a Corporate Counsel Diversity Discussion event sponsored by Smith Anderson: “Where We Stand and Taking it Forward Together: How Corporate Counsel Can Move Forward and Increase Allyship and Inclusion in the Workplace,” presented by Dr. Arin Reeves (this event is not for MCLE credit and is offered free of charge to section members). We can all become a part of the solution by creating an inclusive workplace and a space for everyone to be their authentic selves. Please RSVP for the Corporate Counsel Diversity Discussion event by clicking here.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CorporateCounselhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCorporateCounsel2021-01-15 09:18:382021-01-15 09:18:38There's Still Time to Register for the Corporate Counsel Section’s Annual Meeting and CLE!
When I first started working from home ten years ago, I really wasn’t sure what exactly that was going to look like. Quite often, when people found out that I worked from home, the response was usually something along the lines of, “Oh, must be nice, going to work in your pajamas and doing whatever you want whenever you want to.” And they had a point. As a contractor (instead of an employee), I have complete control over my schedule, meaning that I don’t have to take time off for appointments or to be in court for one of my Guardian ad Litem cases; I just have to let my attorney client know by blocking out the time on the office calendar.
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.pngParalegals2021-01-13 16:59:352022-10-24 12:57:46The Perils of Working from Home
The YLD Communications Committee, in conjunction with YLD leadership, is excited to announce that its 2021 Writing Competition, “Getting Creative During Quarantine,” is open as of today, January 13!
We invite you to submit an original piece of creative writing in one of two broad categories: (1) Inspirational experiences, thoughts, reflections, and lessons learned; or (2) Challenges faced personally and/or your perspective on those faced by society at large. The subject matter should be at least loosely related to COVID-19; however, it need not be law related. Entries can be fiction or nonfiction and should be written in accordance with the rules set forth below.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2021-01-11 14:29:512021-01-11 14:29:51Do You Advise or Work with State Government Agencies, Boards or Commissions?
January is YLD Wellness month, with a different wellness-themed event scheduled for each week of the month. We hope you were able to take advantage of our free virtual yoga and meditation class during week 1 and that you will be on the lookout for another free virtual workout in week 4.
This week (January 11 to 15), we are holding a healthy eating photo contest! To enter, simply post pictures of your healthy meals this week on Facebook, Instagram or Twitter and use the hashtag #myNCBA or #YLDWellness. We will be awarding prizes to the three best-looking healthy meals! For bonus points, let us know if you cooked the meal or where you got it from and what it is.
In addition to the photo contest, we will also be hosting a free virtual cooking class on January 13 at 5:30 p.m. Chef Josh Crawford will be teaching us how to “cook in harmony” while we prepare a healthy meal of herb-crusted chicken with brown rice and succotash. To participate, register here by Tuesday, January 12, at 5:00 p.m.
Save the date for January 21 at noon. During week 3 of Wellness Month, we will be offering a free presentation on mental wellness by Brett Bowers, NCCU Director of Wellness, and Richard Hicks, Executive Director of HRC. To learn more about Richard Hicks, click here and to learn more about Brett Bowers, click here.
The YLD is happy to be able to make wellness the Division’s focus during January and plans to continue making it a focus with a series of blog posts on the topic, which will be offered throughout the bar year.
Is a pandemic classified as a “natural disaster” in your company’s force majeure clause? In your next contract negotiation, what’s your legal strategy to mitigate risk associated with ever-increasing global outbreaks?
If a force majeure is declared by your supplier, is your company prepared to handle any resulting reputational risk, increased costs or any unforeseeable ramifications due to the force majeure declaration? And what if your agreement has to be terminated due to a force majeure declaration? Did you negotiate appropriate termination assistance from the supplier in order to pivot to your alternate supplier? Overall, is your service agreement sufficient to address these contract risks and their potential consequences and liabilities?
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CorporateCounselhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCorporateCounsel2021-01-11 09:41:072021-01-11 10:09:19Have You Registered for the Corporate Counsel Section's Annual Meeting and CLE?
I am pleased to announce that the recipient of the 2020 Fall Paralegal Division $250 Student Scholarship is Rachel Roberson of Vance-Granville Community College!
The Paralegal Division would like to thank each and every student who took the time to submit an application and essay for the Fall Student Scholarship. Rachel Roberson’s topic “Why do you want to be a paralegal?” was truly inspiring. We hope that you will all take the time to read it. Although we were unable to congratulate Ms. Roberson in person, I hope to meet Rachel in person in the near future. Good luck, Rachel!
Additionally, we will start the application process for the 2021 Spring Student Scholarship in late February. Therefore, we encourage those who are interested and eligible to look out for the forthcoming details and apply.
Checking In: Jan. 19, 2021
Checking InCompiled by Jessica Junqueira
Kettering Foundation Announces New Vice President, Treasurer, and CFO
New Associate Joins the Law Offices of Anna Smith Felts, PLLC
Charles “Charlie” Gray has joined the Law Offices of Anna Smith Felts. His areas of practice are criminal and traffic law, and he is especially interested in criminal defense. He received a bachelor’s degree in political science and a minor in biological sciences from North Carolina State University, a Juris Doctorate from Campbell Law School, and a Master of Laws from Nottingham Law School.
Bradley Arant Boult Cummings LLP Announces New Partner
Matthew S. DeAntonio is now a partner at the Charlotte office of Bradley Arant Boult Cummings LLP. DeAntonio focuses on litigating in matters of intellectual property and complex business disputes. He represents clients in high-stakes trademark infringement cases at the trial court and on appeal and litigates complex business disputes in a variety of commercial settings. DeAntonio also leads the firm’s Franchise and Distribution Practice Group. He earned his Bachelor of Science, cum laude, from the University of South Carolina and his Juris Doctorate, cum laude, from the University of South Carolina School of Law.
Read more
Gain Exclusion for Section 1202 Stock
Tax SectionThe decrease in the corporate tax rate by the 2017 Tax Act has made it more favorable for businesses to operate as C corporations. With more businesses opting to be C corporations, the gain exclusion of Section 1202 is more important. Section 1202 provides an exemption to eligible taxpayers of between 50% and 100% of the gain of the sale of Section 1202 stock.
Section 1202 applies only to qualified small business stock held for more than five years. Qualified small business stock is stock of a C corporation that was issued on or after August 10, 1993, if (a) as of the date of issuance, the corporation was a qualified small business, and (b) the stock was acquired by the taxpayer at its original issue (subject to narrow exceptions). A qualified small business is a U.S. corporation that is a C corporation and the aggregate gross assets of which at all times after August 10, 1993, and before and immediately after issuance did not exceed $50 million. Additionally, the corporation must meet an active business requirement. At least 80% by value of the assets of the corporation must be used in the active conduct of one or more qualified trades or businesses. A qualified trade or business is any trade or business other than the performance of services in the field of health, law, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, or financial services, any trade or business where the principal asset of such trade or business is the reputation or skill of one or more of its employees, banking, insurance, financing, leasing, investing, or similar business, any farming business (including raising or harvesting trees), any business involving the production or extraction of products to which a deduction is allowable under Section 613 or 613A, or operating a hotel, motel, restaurant, or similar business.
Read more
Court of Appeals Rules on the Application of the Licensure Defense in Tort Claims
Construction Law SectionSophisticated construction projects often require engaging many professionals whose services are all interconnected and critical to the overall success of the project. Sometimes a design produced by architects and engineers will prove to be flawed, thereby delaying the project as a whole. Such flaws and delays can result in the builder being incapable of completing the project within the specific timeframe designated in the builder’s contract with the property owner and in this event, the property owner may be entitled to terminate the builder for breach of contract.
If a builder is terminated by the property owner in this scenario, does the builder have enforceable claims against the architects and engineers? What if the builder does not have a direct contract with those professionals, or did not have a valid general contractor license at the time work commenced on the project? According to a recent decision from the North Carolina Court of Appeals, the answer is yes, so long as those claims are solely based in common law negligence.
Read more
There’s Still Time to Register for the Corporate Counsel Section’s Annual Meeting and CLE!
Corporate CounselCan you mandate that your employees receive the COVID-19 vaccine? What will the Department of Justice be like under President-elect Biden? As in-house counsel, what can we do to support diversity and inclusion in the workplace?
For answers to these and other burning questions, please join us for the Corporate Counsel Section’s annual CLE: In-House Practice in the Age of COVID-19, which will be held in half-day increments on January 21 and 22, 2021. The program offers 6.0 MCLE hours, including 1.0 hour of Substance Abuse/Mental Health credit and 2.0 hours of Technology Training credit. This CLE was prepared by in-house counsel, for in-house counsel. Click here for more information or to register!
At the conclusion of the session on Day 1, your section is offering a Corporate Counsel Diversity Discussion event sponsored by Smith Anderson: “Where We Stand and Taking it Forward Together: How Corporate Counsel Can Move Forward and Increase Allyship and Inclusion in the Workplace,” presented by Dr. Arin Reeves (this event is not for MCLE credit and is offered free of charge to section members). We can all become a part of the solution by creating an inclusive workplace and a space for everyone to be their authentic selves. Please RSVP for the Corporate Counsel Diversity Discussion event by clicking here.
The Perils of Working from Home
Paralegal DivisionWhen I first started working from home ten years ago, I really wasn’t sure what exactly that was going to look like. Quite often, when people found out that I worked from home, the response was usually something along the lines of, “Oh, must be nice, going to work in your pajamas and doing whatever you want whenever you want to.” And they had a point. As a contractor (instead of an employee), I have complete control over my schedule, meaning that I don’t have to take time off for appointments or to be in court for one of my Guardian ad Litem cases; I just have to let my attorney client know by blocking out the time on the office calendar.
Read more
NCBA YLD Announces Its 2021 Writing Competition: ‘Getting Creative During Quarantine’
Young Lawyers DivisionClaire O’Brien
Christina Cress
By Claire O’Brien and Christina Cress
The YLD Communications Committee, in conjunction with YLD leadership, is excited to announce that its 2021 Writing Competition, “Getting Creative During Quarantine,” is open as of today, January 13!
We invite you to submit an original piece of creative writing in one of two broad categories: (1) Inspirational experiences, thoughts, reflections, and lessons learned; or (2) Challenges faced personally and/or your perspective on those faced by society at large. The subject matter should be at least loosely related to COVID-19; however, it need not be law related. Entries can be fiction or nonfiction and should be written in accordance with the rules set forth below.
Read more
Do You Advise or Work with State Government Agencies, Boards or Commissions?
Administrative LawThe State Archives is again hosting a series of free workshops on records management. Learn more here.
YLD Wellness Month, Week 2 – Healthy Eating Photo Contest and Virtual Cooking Class
Young Lawyers DivisionBy Kristen Kirby
January is YLD Wellness month, with a different wellness-themed event scheduled for each week of the month. We hope you were able to take advantage of our free virtual yoga and meditation class during week 1 and that you will be on the lookout for another free virtual workout in week 4.
This week (January 11 to 15), we are holding a healthy eating photo contest! To enter, simply post pictures of your healthy meals this week on Facebook, Instagram or Twitter and use the hashtag #myNCBA or #YLDWellness. We will be awarding prizes to the three best-looking healthy meals! For bonus points, let us know if you cooked the meal or where you got it from and what it is.
In addition to the photo contest, we will also be hosting a free virtual cooking class on January 13 at 5:30 p.m. Chef Josh Crawford will be teaching us how to “cook in harmony” while we prepare a healthy meal of herb-crusted chicken with brown rice and succotash. To participate, register here by Tuesday, January 12, at 5:00 p.m.
Save the date for January 21 at noon. During week 3 of Wellness Month, we will be offering a free presentation on mental wellness by Brett Bowers, NCCU Director of Wellness, and Richard Hicks, Executive Director of HRC. To learn more about Richard Hicks, click here and to learn more about Brett Bowers, click here.
The YLD is happy to be able to make wellness the Division’s focus during January and plans to continue making it a focus with a series of blog posts on the topic, which will be offered throughout the bar year.
Have You Registered for the Corporate Counsel Section’s Annual Meeting and CLE?
Corporate CounselIs a pandemic classified as a “natural disaster” in your company’s force majeure clause? In your next contract negotiation, what’s your legal strategy to mitigate risk associated with ever-increasing global outbreaks?
If a force majeure is declared by your supplier, is your company prepared to handle any resulting reputational risk, increased costs or any unforeseeable ramifications due to the force majeure declaration? And what if your agreement has to be terminated due to a force majeure declaration? Did you negotiate appropriate termination assistance from the supplier in order to pivot to your alternate supplier? Overall, is your service agreement sufficient to address these contract risks and their potential consequences and liabilities?
Read more
2020 Fall Student Scholarship Recipient – Rachel Roberson
Paralegal DivisionI am pleased to announce that the recipient of the 2020 Fall Paralegal Division $250 Student Scholarship is Rachel Roberson of Vance-Granville Community College!
The Paralegal Division would like to thank each and every student who took the time to submit an application and essay for the Fall Student Scholarship. Rachel Roberson’s topic “Why do you want to be a paralegal?” was truly inspiring. We hope that you will all take the time to read it. Although we were unable to congratulate Ms. Roberson in person, I hope to meet Rachel in person in the near future. Good luck, Rachel!
Additionally, we will start the application process for the 2021 Spring Student Scholarship in late February. Therefore, we encourage those who are interested and eligible to look out for the forthcoming details and apply.