The NCBA has been hard at work during this pandemic to bring current information, resources, practice tips, professional vitality publications, and wellness seminars to its members and the public, while also advocating strongly for the legal profession in North Carolina. May was NCBA Member Appreciation Month, which featured free workshops through the Center for Practice Management. As new members are entering and graduating law school, passing the Bar, and becoming members of the legal profession and the NCBA, we have started holding New Member Receptions.
Even though we cannot get together in person right now, we can still hang out! Indeed, one of the things that our Association does best and our members enjoy the most is associating. The NCBA is the home for those in, or entering, the legal profession in North Carolina. Through the NCBA, you can meet your fellow lawyers, judges, paralegals, and law students to discuss how to be better at what you do, expand your options, serve the profession and the public, grow your network, and have some fun. This is the power of association.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2020-06-08 17:19:572020-07-06 14:30:15Let's Hang Out!
From the Executive Director of the Dispute Resolution Commission
The Dispute Resolution Commission is very excited to announce that proposed rule changes submitted to the Supreme Court of North Carolina were adopted on Wednesday, June 3, 2020. Amendments to five rule sets, as amended, will go into effect on June 10, 2020. The amended rules are now live on the Supreme Court’s Court Rules web page: (https://www.nccourts.gov/courts/supreme-court/court-rules).
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.pngFamilyLaw2020-06-08 15:11:092020-06-08 15:11:09Rules for Settlement Procedures in District Court Family Financial Cases (FFS Rules)
During the marriage, Mother and the children lived in Israel, while Father lived in Palestine. Mother and the children moved to North Carolina without advance notice to Father—Mother alleged that the move was due to domestic violence issues and to her concern that Father was a member of a radical Islamic group. When Father learned of Mother’s intention to move to the United States, he instituted an action with the Shar’ia Court of Jerusalem in an effort to prevent Mother and the children from moving to the United States (by the time he filed his action, Mother and the children had already moved). The Shar’ia Court issued a “provisional order” providing that the children would live with Mother in Israel during the week and with Father in Palestine on the weekends. The order was served on Mother at her address in Jerusalem (after she had moved to North Carolina). When Mother did not appear in Court after that, the Shar’ia Court entered a final custody order by default.
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.pngFamilyLaw2020-06-08 15:01:582020-06-08 15:10:47UCCJEA, International Custody Order
As you know, beginning this month, most Deputy Commissioner hearings will be conducted remotely via Webex. There is currently no indication as to when in-person hearings will resume, and it is safe to assume that we may be conducting remote hearings for at least the next several months.
To allow the public access to Deputy Commissioner hearings, the Industrial Commission has added a new Webex Hearing Links page to its website. Through this page, the public can view the Deputy Commissioner hearings from a computer or mobile device. Instructions for how to access the Webex hearings can be found here. The links on this webpage should not be used by the parties and witnesses participating in a hearing. Rather, those individuals must join the remote hearing through a link received via email.
Considering that, at least in the short-term, remote hearings via Webex are our “new normal,” and if you are curious about the process or anticipate having a hearing in the next few months, you may want to access and observe a June Webex hearing. It will give you an opportunity to see how the process will work and help you prepare for your own future hearings.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00WorkersComphttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngWorkersComp2020-06-05 17:01:482020-06-05 17:06:15Public Access to Deputy Commissioner Hearings Via Webex
The NCBA YLD Diversity and Inclusion Committee has interviewed several diverse attorneys about their experiences in the law. New attorneys face many challenges, including finding mentors, fitting in, and finding their place—and diverse attorneys are no different.
Here is one diverse attorney’s perspective on how she is overcoming these challenges.
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 YLD2020-06-05 14:28:472023-06-20 12:57:06An Interview With Jasmine H. Gregory
The Internal Revenue Code (“IRC”) sometimes provides multiple avenues for a taxpayer to obtain a deduction depending on how the taxpayer characterizes the loss. One example is a casualty loss deducted under either Section 162 or Section 165. Although these two sections may both offer a deduction for the same loss, they are not treated exactly the same under IRC. However, due to changes made by the 2017 Tax Act, taking the deduction under either of these sections may produce the same result.
Section 162 provides the general deduction for trade or business expenses. It is perhaps the broadest section in the IRC—it provides a deduction for almost all expenses or losses incurred by an operating trade or business. That includes both normal expenses associated with running a business and certain losses incurred by the business. Section 162 provides an above-the-line deduction pursuant to Section 62(a)(1). That means the deduction is applied when determining adjusted gross income. Above-the-line deductions are not subject to any limitations or special rules, unlike many below-the-line deductions.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00TAXhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngTAX2020-06-03 14:23:572020-06-03 14:23:57Casualty Losses Under Sections 162 or 165(c)(2)
Members of the Sports & Entertainment Law (“SEL”) section found the following recent third-party articles to be of potential interest to the section. Feel free to reach out to the SEL section communications chairs (Kelly Ryan and Amanda Whorton) if you would like to submit either personally written pieces or other third-party articles that would be of interest to the entire SEL Section.
On May 30, 2020, the Industrial Commission issued an update to its mediation policies effective June 1, 2020. The updated policies are below:
May 30, 2020 Update: Industrial Commission Mediation Policies as of June 1, 2020
Consistent with current directives and recommendations as detailed below, as of June 1, 2020, mediations in Industrial Commission cases may be conducted either in person or remotely by consent, though mediators have been advised by the Dispute Resolution Commission that mediations shall, to the fullest extent possible, be conducted remotely.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00WorkersComphttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngWorkersComp2020-06-02 12:13:012020-06-02 12:13:01NCIC Mediation Policy Update as of June 1, 2020
Update from the North Carolina Industrial Commission
Deputy Commissioner Hearings (Non-Medical Motion Hearings) will resume in June 2020 via Webex. Below is information from the Industrial Commission’s website concerning the current policies/procedures for these hearings:
The Commission is pleased to announce that Deputy Commissioners will resume hearing all types of workers’ compensation cases in June 2020 through the use of Webex technology. This policy is consistent with Chief Justice Cheri Beasley’s May 21, 2020 Order directing judicial officials to “make use of remote hearing technology to the greatest extent possible to limit in-person appearances” and will help prevent a future backlog of Deputy Commissioner cases.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00WorkersComphttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngWorkersComp2020-06-02 11:27:202020-06-02 12:00:59Hearing Update from the North Carolina Industrial Commission
A new relationship—whether personal or professional—is a lot like buying a new car. Driving it off the lot is pure bliss. And like a car, when a relationship breaks down, it’s overwhelming. A trained eye knows when a car is in trouble. The same is true of relationships, and you can be your own mechanic.
Dr. John Gottman and his colleagues at the University of Washington discovered four clear indicators of relationship failure, dubbed “The Four Horsemen of the Apocalypse.” The Four Horsemen are so profound that their presence predicts the demise of a relationship with 93 percent accuracy.
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.pngParalegals2020-06-01 16:49:302020-06-01 16:49:30Fail-Safe Your Working Relationships
Let’s Hang Out!
Membership CommitteeThe NCBA has been hard at work during this pandemic to bring current information, resources, practice tips, professional vitality publications, and wellness seminars to its members and the public, while also advocating strongly for the legal profession in North Carolina. May was NCBA Member Appreciation Month, which featured free workshops through the Center for Practice Management. As new members are entering and graduating law school, passing the Bar, and becoming members of the legal profession and the NCBA, we have started holding New Member Receptions.
Even though we cannot get together in person right now, we can still hang out! Indeed, one of the things that our Association does best and our members enjoy the most is associating. The NCBA is the home for those in, or entering, the legal profession in North Carolina. Through the NCBA, you can meet your fellow lawyers, judges, paralegals, and law students to discuss how to be better at what you do, expand your options, serve the profession and the public, grow your network, and have some fun. This is the power of association.
Read more
Rules for Settlement Procedures in District Court Family Financial Cases (FFS Rules)
Family Law SectionFrom the Executive Director of the Dispute Resolution Commission
The Dispute Resolution Commission is very excited to announce that proposed rule changes submitted to the Supreme Court of North Carolina were adopted on Wednesday, June 3, 2020. Amendments to five rule sets, as amended, will go into effect on June 10, 2020. The amended rules are now live on the Supreme Court’s Court Rules web page: (https://www.nccourts.gov/courts/supreme-court/court-rules).
Read more
UCCJEA, International Custody Order
Family Law SectionHamdan v. Freitekh, decided May 19, 2020
During the marriage, Mother and the children lived in Israel, while Father lived in Palestine. Mother and the children moved to North Carolina without advance notice to Father—Mother alleged that the move was due to domestic violence issues and to her concern that Father was a member of a radical Islamic group. When Father learned of Mother’s intention to move to the United States, he instituted an action with the Shar’ia Court of Jerusalem in an effort to prevent Mother and the children from moving to the United States (by the time he filed his action, Mother and the children had already moved). The Shar’ia Court issued a “provisional order” providing that the children would live with Mother in Israel during the week and with Father in Palestine on the weekends. The order was served on Mother at her address in Jerusalem (after she had moved to North Carolina). When Mother did not appear in Court after that, the Shar’ia Court entered a final custody order by default.
Read more
Public Access to Deputy Commissioner Hearings Via Webex
Workers' Compensation SectionBy Eleasa Harris Allen
As you know, beginning this month, most Deputy Commissioner hearings will be conducted remotely via Webex. There is currently no indication as to when in-person hearings will resume, and it is safe to assume that we may be conducting remote hearings for at least the next several months.
To allow the public access to Deputy Commissioner hearings, the Industrial Commission has added a new Webex Hearing Links page to its website. Through this page, the public can view the Deputy Commissioner hearings from a computer or mobile device. Instructions for how to access the Webex hearings can be found here. The links on this webpage should not be used by the parties and witnesses participating in a hearing. Rather, those individuals must join the remote hearing through a link received via email.
Considering that, at least in the short-term, remote hearings via Webex are our “new normal,” and if you are curious about the process or anticipate having a hearing in the next few months, you may want to access and observe a June Webex hearing. It will give you an opportunity to see how the process will work and help you prepare for your own future hearings.
An Interview With Jasmine H. Gregory
Young Lawyers DivisionThe NCBA YLD Diversity and Inclusion Committee has interviewed several diverse attorneys about their experiences in the law. New attorneys face many challenges, including finding mentors, fitting in, and finding their place—and diverse attorneys are no different.
Here is one diverse attorney’s perspective on how she is overcoming these challenges.
Read more
Casualty Losses Under Sections 162 or 165(c)(2)
Tax SectionThe Internal Revenue Code (“IRC”) sometimes provides multiple avenues for a taxpayer to obtain a deduction depending on how the taxpayer characterizes the loss. One example is a casualty loss deducted under either Section 162 or Section 165. Although these two sections may both offer a deduction for the same loss, they are not treated exactly the same under IRC. However, due to changes made by the 2017 Tax Act, taking the deduction under either of these sections may produce the same result.
Section 162 provides the general deduction for trade or business expenses. It is perhaps the broadest section in the IRC—it provides a deduction for almost all expenses or losses incurred by an operating trade or business. That includes both normal expenses associated with running a business and certain losses incurred by the business. Section 162 provides an above-the-line deduction pursuant to Section 62(a)(1). That means the deduction is applied when determining adjusted gross income. Above-the-line deductions are not subject to any limitations or special rules, unlike many below-the-line deductions.
Read more
SEL Section – Articles of Interest (May 2020)
Sports & Entertainment Law SectionMembers of the Sports & Entertainment Law (“SEL”) section found the following recent third-party articles to be of potential interest to the section. Feel free to reach out to the SEL section communications chairs (Kelly Ryan and Amanda Whorton) if you would like to submit either personally written pieces or other third-party articles that would be of interest to the entire SEL Section.
NCAA Announces Response to Expanding State Name, Image, and Likeness Legislation with Proposed Changes to Bylaws
Sudden vanishing of sports due to coronavirus will cost at least $12 billion, analysis says
Partial Summary Judgment Granted to U.S Soccer
Women’s National Team Misses Goal in Equal Pay Act Claims
Read more
NCIC Mediation Policy Update as of June 1, 2020
Workers' Compensation SectionOn May 30, 2020, the Industrial Commission issued an update to its mediation policies effective June 1, 2020. The updated policies are below:
May 30, 2020 Update: Industrial Commission Mediation Policies as of June 1, 2020
Consistent with current directives and recommendations as detailed below, as of June 1, 2020, mediations in Industrial Commission cases may be conducted either in person or remotely by consent, though mediators have been advised by the Dispute Resolution Commission that mediations shall, to the fullest extent possible, be conducted remotely.
Read more
Hearing Update from the North Carolina Industrial Commission
Workers' Compensation SectionUpdate from the North Carolina Industrial Commission
Deputy Commissioner Hearings (Non-Medical Motion Hearings) will resume in June 2020 via Webex. Below is information from the Industrial Commission’s website concerning the current policies/procedures for these hearings:
The Commission is pleased to announce that Deputy Commissioners will resume hearing all types of workers’ compensation cases in June 2020 through the use of Webex technology. This policy is consistent with Chief Justice Cheri Beasley’s May 21, 2020 Order directing judicial officials to “make use of remote hearing technology to the greatest extent possible to limit in-person appearances” and will help prevent a future backlog of Deputy Commissioner cases.
Read more
Fail-Safe Your Working Relationships
Paralegal DivisionBy Travis Bradberry
A new relationship—whether personal or professional—is a lot like buying a new car. Driving it off the lot is pure bliss. And like a car, when a relationship breaks down, it’s overwhelming. A trained eye knows when a car is in trouble. The same is true of relationships, and you can be your own mechanic.
Dr. John Gottman and his colleagues at the University of Washington discovered four clear indicators of relationship failure, dubbed “The Four Horsemen of the Apocalypse.” The Four Horsemen are so profound that their presence predicts the demise of a relationship with 93 percent accuracy.
Read more