April, 2018 - NCBarBlog

Have you heard of the opioid epidemic, but don’t know much about it? Or, perhaps you’ve heard of it and have been wondering what North Carolina is doing to address it – either way, we’ve got you covered at the Health Law Section Annual Meeting & Joint CLE with the Litigation Section! Come hear N.C. Attorney General Josh Stein speak about the opioid epidemic in North Carolina and beyond, including the scope of the problem, prevention strategies for physicians and other health care providers, the STOP Act and the Synthetic Opioid Control Act, supporting treatment and recovery services, and support for law enforcement.

Did we also mention that Pamela Morrison with Coastal Horizons Center in Wilmington will be on hand to make this a substance abuse CLE credit presentation, with a discussion about the treatment of substance use disorders and how legal professionals can help and get help. Please plan to join the Health Law and Litigation Sections for a joint CLE program Friday April 27, 2018 at the Greensboro Marriott Downtown, with presentations by Attorney General Stein, DHHS Secretary Mandy Cohen, and many other great speakers! You’ll receive 6 total CLE credits, including 1.0 hour ethics/professional responsibility, and 1.0 hour substance abuse/mental health. Visit http://gateway.ncbar.org/store/seminar/seminar.php?seminar=109189 to learn more and to register.

April 16, 2018/by NCBARBLOG

Federal Income Tax Update, Part II

Tax Section

By Keith A. Wood

This is the second of two installments of this article. Read the first installment on the Tax Section blog here.

I. No Tax Basis Increase for Loan Guaranties Even After the S Corporation Loan Is Called in Full.

An S corporation shareholder may deduct his/her pro rata share of any losses sustained by the corporation, but those loss deductions are limited to the sum of (a) the shareholder’s adjusted tax basis in the stock, and (b) any corporate indebtedness actually owed to the shareholder. IRC § 1366(d)(1).

April 10, 2018/by NCBARBLOG

Road Trip! Road Trip!

Litigation Section

By Bob Edmunds

In recognition of the Supreme Court of North Carolina’s 200th birthday, Chief Justice Martin recently announced that the Court is going to put on a road show. North Carolinians living outside Raleigh soon will be able to watch the high court in action without having to travel far.

For as long as anyone now living can remember, the Supreme Court routinely has sat in Raleigh, but it was not always so. When established in 1819, the Supreme Court met in the state capitol. However, as North Carolina’s population grew, so did pressure to meet in a venue convenient to citizens in the western part of the State. In 1847, the General Assembly passed legislation requiring the Court to hold sessions in Burke County.

April 9, 2018/by NCBARBLOG

ICOs Primer: ‘SEC Compliant’ Initial Coin Offerings

International Law & Practice, International Practice

By Sammy Naji

As the Securities and Exchange Commission greater asserts itself against non-compliant Initial Coin Offering tokens, an increasing number of ICO issuers have attempted to comply with SEC regulations by offering tokens pursuant to SEC exemptions or by framing the tokens as utilities rather than securities. Utility tokens are tokens that represent a service or a good to which the token holders are entitled. Notable brands like Kodak, Atari, and Telegram have already issued or are planning to issue such tokens as a way to raise large amounts of capital as well as to stimulate interest from the public to their services. The issuance of utility tokens typically involves two stages: a pre-functional phase and a post-functional phase.

April 9, 2018/by NCBARBLOG

Can You Spare a Post or Two?

Labor & Employment Law

By Joseph S. Murray IV

You may have noticed that our postings have gotten sparser over the past couple of months—and I think it’s because the editors are tired. When we developed the blog, our hope was that section members would submit posts and we would edit those contributions, only stepping in to write when needed. Instead, other than the occasional guest post, we have had to write every week. This has finally taken its toll, and we need help.

April 9, 2018/by NCBARBLOG

Join Us For the Upcoming CLE: Forecast: Cloudy With a Chance Of Reform

Administrative Law

By Brandon Leebrick and Fred Moreno

“It is best to read the weather forecast before we pray for rain.”

– Mark Twain, “More Maxims of Mark” by Merle Johnson (1927)

Administrative lawyers should hesitate before relying too much on any legal forecasting that is so largely tied to ever-changing political and economic climates. Nevertheless, there is value in understanding what may lie ahead so necessary preparations can be made for possible changes.

The upcoming CLE and Annual Meeting, Friday, April 20 at the NC Bar Center in Cary (Credit: 6.0 hours, including 1.0 hour Ethics/Professional Responsibility) presents an invaluable opportunity to learn from leading administrative lawyers about recent and future legal developments in the following areas:

Interstate Compacts
An introduction to the history and purpose of interstate compacts for occupational licensing governance, including a discussion of the primary features of compacts and notable licensing compacts used by states.
Records Retention Schedules and Procedures
An informative presentation about the requirements for maintaining and storing certain public records, including practical points for administrative lawyers and particularly those representing agencies and boards.
Employee Classification Changes and State Personnel Act Cases
An update of state personnel case law that has developed since changes were made in 2013 to the North Carolina Human Resources Act, including a discussion of the impact of recent appellate decisions on OAH’s authority in personnel cases.
Legislative and Regulatory Reform Updates
A review of 2017 APA-related legislation during the General Assembly’s long session, and a preview of the upcoming 2018 short session.
The Shifting Roles of the Ethical Administrative Lawyer
A discussion of the unique ethical challenges administrative lawyers encounter.
Administrative Case Law, Office of Administrative Hearings, and Rules Review Commission Updates
Presentations providing overviews of significant developments over the past year and previews of impending changes.

In addition to the opportunity to learn about these timely topics, there will be time to catch up with fellow colleagues and attend the Administrative Law Section’s Annual Meeting, which will include a presentation of this year’s Administrative Law Award for Excellence. Last year Senior Administrative Law Judge Fred Morrison received the award, and we look forward to bestowing this accolade to another deserving individual this year.

We hope you will join us for this CLE opportunity and look forward to seeing you then!

Register here.

April 9, 2018/by NCBARBLOG

2018 Health Law Section Annual Meeting and Joint CLE With the Litigation Section

Health Law Section

Want to learn more about the state of health care in North Carolina directly from guest speaker Mandy Cohen, Secretary of NC Department of Health & Human Services? Sec. Cohen will speak about North Carolina’s transition to Medicaid managed care, combating the opioid crisis and improving early childhood health and education. Please plan to join the Health Law and Litigation Sections for a joint CLE program Friday, April 27, 2018 at the Greensboro Marriott Downtown, with presentations by Sec. Cohen, Attorney General Josh Stein, and many other great speakers!

You’ll receive 6.0 hours total CLE credits, including 1.0 hour ethics/professional responsibility, and 1.0 hour substance abuse/mental health.

Learn more and register here.

April 9, 2018/by NCBARBLOG

Free Durham Bulls Game For Your Thoughts On the New Small Firm & Technology Section

Small Firm & Technology Section

Solo, Small Firm & General Practice and Law Practice Management & Technology Sections have merged into Small Firm & Technology … and we’re changing things up! If you would like to be a part of the new section, we welcome your ideas and invite you to our Strategic Planning Meeting at the Durham Bulls Athletic Park. We’ll meet in a private room overlooking the baseball field prior to the game and then enjoy dinner and the game (all on us)!

RSVP here for the Small Firm & Technology Strategic Planning Meeting and free Durham Bulls Game on Wednesday, May 16.

If you would like to volunteer be a part of the new section, join us May 16 at 3 p.m. (we’ll send you more information when you sign up). This is a way to get involved with other attorneys in your field locally and across the state and a way to help attorneys in your field. If you can’t make the meeting, but you are interested in being involved (as much or little as you want) let us know.

No cost for all Section Members who want to get involved. You can bring a guest ($35 per person and they should come around 6 p.m. after the meeting). Please register all guests so they can retrieve their tickets at Will Call.

We look forward to seeing you!

Matt Van Sickle, [email protected]
Pegeen Turner, [email protected]

April 9, 2018/by NCBARBLOG