Month: February 2018 (page 1 of 3)

We Must Embrace Diversity To Meet Today’s Challenges

By Bain Jones

While seeing “The Darkest Hour,” the award-nominated movie about the early months of World War II in Britain, I was impressed that Winston Churchill chose to effectively use his coalition war cabinet, a group of diverse individuals. Reflective of the 1930’s, this group of leaders did not have gender or racial diversity. However, it did have a cross-section of diverse individuals. Members of the nobility, aristocracy, military, merchants, union representatives and other walks of life in Great Britain were present to advise the Prime Minister concerning policy and actions in those dark days. With the challenging issues facing our nation, our state, communities and our Bar and legal practice, I must believe that bringing diversity of life experiences, cultural backgrounds, intelligence and work experiences to the forefront would have to result in reasoned and successful decisions and experiences.

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Blockchain and Its Implications For IP

By Steve Snyder

As I continue to stay abreast of the latest technical developments involving computer related technology, the IP implications are becoming less clear.  Being heavily involved in cybersecurity, I have been making the case that the cybersecurity field needs IP attorneys to bridge gaps that we are used to bridging—such as being a liaison between the highly technical engineers and the rest of society.  Aside from cybersecurity, the technology I hear being discussed most is blockchain.   As you may know, blockchain is a fundamental aspect of cryptocurrencies like Bitcoin and Ethereum. However, blockchain has much broader implications that will, in my opinion, pervade the practice of IP attorneys.

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MacCord’s List: IP News & Notices From Art MacCord

Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please see below for the most recent updates.

Extension of the Extended Missing Parts Pilot Program until Jan 2, 2019

U.S. Copyright Office Publishes Final Rule Relating to Group Registration of Newspapers

 

Final FDA Guidance: Keeping the Surgical Suite from Becoming a Manufacturing Facility

By Justin M. Mann

An early focus of the U.S. Food and Drug Administration (FDA) under the new leadership of FDA Commissioner Scott Gottlieb, MD, has been regenerative medicines, which “hold significant promise for transformative and potentially curative treatments for some of humanity’s most troubling and intractable maladies.”  One of the areas of regenerative medicine that can be particularly difficult to regulate is treatments with human cells, tissues, and cellular and tissue-based products (HCT/Ps), because these treatments tend to be fairly individualized and there is a fine line of demarcation between medical practice and processes regulated by FDA.

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What BNPP Can Tell Us About Halkbank: Why Running Afoul Of U.S. Sanctions Regulations Is Bad For Business

By Kemal Su

Mehmet Hakan Atilla, a high level banker at the Turkish state-controlled Halkbank, was convicted on January 3, 2018 of helping Iran circumvent international sanctions and gain access to billions in restricted petrodollar funds.[1]  Throughout the trial, witnesses described a conspiracy to avoid U.S.-imposed Iranian sanctions that was allegedly supported by the highest levels of the Iranian and Turkish governments.  Although six (6) other banks were named during the trial, Halkbank appeared to be at the center of the conspiracy.  While the guilty verdict applied only to Mr. Atilla, the fallout for Halkbank is only just beginning.  If the U.S. government finds that Halkbank engaged in wrongdoing, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) can impose a range of potentially debilitating penalties that will affect the future viability of the bank and may trigger a Turkish financial crisis.  In order to understand what actions the OFAC may take, it is useful to have a look at what happened when U.S. authorities investigated BNP Paribas SA (BNPP).

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Attorney-Rapper Lex-Jordan Ibegbu Relies On Both Rhyme and Reason

By Amber Nimocks

When summoning the confidence to impress a judge or woo a jury, young attorney Lex-Jordan Ibegbu relies on his years as a rapper growing up in Southeast Raleigh, where he spent much of his time writing rhymes and speaking his truth to crowds big and small.

“Rapping has given me a certain level of comfort when speaking to people,” he says. “MC means ‘Move the Crowd.’ When you are in court, it is similar to a stage, your crowd is the judge or the jury.”

A lifelong North Carolinian, Ibegbu, 27, attended Cary Academy and UNC-Chapel Hill before he headed south for a few years to earn his law degree at the University Of Miami School of Law. He returned home to Southeast Raleigh to begin his practice a year and a half ago, focusing on myriad areas including criminal defense, traffic court, business law, family law, entertainment, sports and government. Growing up in Southeast Raleigh shaped him, Ibegbu says.

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Federal Income Tax Update

By Keith A. Wood

This is the first of two installments of this article.

I. Audit Statistics; What Are Your Chances of Being Audited?

The 2016 Internal Revenue Service Data Book (IR-2017-69) contains audit statistics for the fiscal year ending September 30, 2016.  Here are the audit statistics for returns filed for calendar year 2015 (“CY 2015”):

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Free CFIUS Webinar, Wednesday, Feb. 28, Noon to 1 p.m.

West Legal Ed’s Federal Publications Seminars will host a free one-hour briefing on legislative and policy developments relating to the Committee on Foreign Investment in the United States (CFIUS).  CFIUS reviews proposed foreign investment in U.S. companies for potential national security concerns. U.S. companies that serve the federal government must stay abreast of how the Trump administration is implementing the CFIUS review process and how this process could change as Congress debates the first major CFIUS reform legislation in over a decade.

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Welcome To the Young Lawyers Division Blog!

By Jason Walters

Welcome to the new YLD Blog! We hope that this Blog will provide insight and information into all the great work that is being accomplished by our volunteer attorneys. We plan to use the YLD Blog to provide substantive practice pointers, tips on well-being, information on YLD events and projects and updates on YLD committee activity.

We want you to join us and are always looking for bloggers. If you have an interest in writing for the YLD Blog, for the rest of the 2017-2018 bar year, please contact Robb Broughton at robroughton@gmail.com.

In order to catch you up to speed on some of the many activities and accomplishments of this bar year, I wanted to share highlights of our recent work.

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NC Court of Appeals Determines Mediation In Public Records Dispute Is Jurisdictional

By Fred Moreno

Just before the holidays, the N.C. Court of Appeals issued its opinion in Tillett v. Town of Kill Devil Hills (17-433). The case involved a former judge who brought suit under The North Carolina Public Records Act to compel the Town of Kill Devil Hills to produce requested documents. The appellate court ruled that the trial court lacked subject matter jurisdiction when it required the town to produce two documents in controversy. The appellate court determined that the legislative intent of the word “jurisdiction” in N.C. Gen. Stat. § 132-9(a), meant that a jurisdictional rule, rather than an ordinary procedural rule, should be applied.

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