Attorney Spotlight: Erin Basinger

By Erin Basinger Erin, a white woman with red hair, wears a black turtleneck, red jacket and brown glasses.

Throughout the year, the Sports & Entertainment Law Section will be conducting interview spotlights of its members to showcase the careers of the section members. This month, the section is spotlighting Erin Basinger of Basinger Law, PLLC.

What brought you into sports or entertainment law, and what area of sports or entertainment law do you currently practice?

My background is in fashion, and I always loved my mass media law classes. As I began to make friends in the entertainment industry, I realized how much the entertainment industry intersects with my love of intellectual property work in the fashion industry. So, I wanted to combine those two things and build a career I love.

For those interested in practicing in sports or entertainment law, what is a piece of advice you would share with them?

Networking can get you anywhere—even if it is not legal related. My first legal internship was from a referral I received from friends who own an entertainment show, whom I met at a motorcycle rally. You truly never know where good connections may pop up.

Read more

Checking In: March 19, 2024

Compiled by Jessica Junqueira

Allman Spry Welcomes of Counsel Attorney

James, a white man with brown hair, wears a pale blue shirt, red tie and grey jacket.

James G. Downey III has joined the firm as of Counsel. Downey will work with the firm’s family law and civil litigation sections. Downey brings more than ten years of experience as an attorney to this role. He has focused on family law for more than half of his career. He holds a J.D. from Appalachian School of Law, where he was captain of the Trial Advocacy Team. He earned a B.A. in history and political science from the University of North Carolina at Chapel Hill. He is licensed to practice law in North Carolina, Florida and Michigan.

Baker Donelson Opens Charlotte Office and Adds New Shareholders

Baker Donelson has launched an office in Charlotte and has added eight new shareholders, seven of whom are NCBA members: John E. Branch III, Thomas G. Hooper, Paul J. Osowski, Evan M. Sauda, William M. Starr, Fred M. Wood Jr., and Noelle E. Wooten. Fred M. Wood Jr. will serve as the office’s managing shareholder. Hooper, Osowski, Sauda, Starr, and Wooten will also practice in the Charlotte office; Branch will be based in the Raleigh location.

Fred, a white man with white hair, wears a pale pink shirt, teal tie and black jacket.

Fred M. Wood Jr. has practiced for more than 30 years. He represents companies in matters involving unfair business practices and methods of competition, the North Carolina Trade Secrets Protection Act, business torts, and class actions. Wood also practices financial services litigation. He holds a J.D. from Wake Forest University School of Law, an M.B.A. from Wake Forest University Babcock Graduate School of Management, and a B.A. from the University of North Carolina at Chapel Hill.

John is a white man with brown hair. He wears a white shirt, pale blue tie and navy suit.

John E. Branch III focuses his practice on complex business, employment, and constitutional law. He advises clients on business matters and disputes involving contracts, shareholder and LLC member issues, fraud, unfair competition, defamation, and other business-related claims. He provides counsel to and advocates for clients in constitutional and political law issues and in educational matters. He graduated from the University of North Carolina School of Law, where he earned a J.D., and from UNC, where he earned a bachelor’s degree in history.

Thomas, a white man with a brown beard, wears a white shirt, blue striped tie, and black jacket.

Thomas G. Hooper focuses on complex business and commercial litigation and consumer and commercial financial services litigation. He has experience representing clients in state and federal trials, as well as in appellate courts and arbitration. His clients have included financial institutions, lenders and insurance companies. He holds a J.D. from the University of North Carolina School of Law and a B.A. from Davidson College. Read more

Summary of February 27, 2024, Administrative Procedures Oversight (APO) Committee Meeting

Bain, a white man with white hair, wears a white shirt and black suit.By W. Bain Jones Jr.

The APO Committee is chaired by Rep. Sarah Stevens. Sen. Galey is Co-Chair and was present along with Committee Members Sen. Mayfield, Sen. Moffit, Sen, Sanderson, Rep. Longest and Rep. Dahle.

A report on the Periodic Review of Existing Rules (Existing Rules Review or ERR) was presented by Codifier of Rules Ashley Berger Synder and RRC Chair Jeanette Doran. The first step of the review, which will be completed in three years, is the classification of rules. Sen. Mayfield inquired if the RRC could intervene if the agencies classified rules in the middle bucket which was necessary without a substantive public interest. Synder responded with a review of the three buckets for classification in the first round of ERR, how each bucket was handled, and noted that the General Assembly amended the process to delete the middle bucket. Rep. Longest asked how many rules were classified in the middle bucket. Doran responded they did not have numbers for this question but could get them. Doran went on to state that the APA defines public comment in a much narrower fashion than might be expected and that only comments on a rule could be calculated. Rep. Stevens asked what groups are exempt from the review. Sen Mayfield asked about the process of rule making for the exempt groups. Synder responded with examples of exempt groups: the State Bar, the Utilities Commission, and the Lottery Commission. The exemption is defined by statute, and each of the exempt groups have processes for review of rules. Rep. Stevens mentioned problems with HHS and DPI having not complied with the rules review process. Doran indicated they did not know the number of rules issues, and the two agencies had too many subdivisions to determine a number. Rep. Stevens asked for an explanation of the difference between rules and policy.

Read more

Informational Lunch with Chief District Judge Catherine C. Eagles has been Postponed

Stacey, an African American woman with short brown hair, wears brown glasses, gold earrings and a necklace, and a black suit.By Stacey Rubain 

The Criminal Justice Act Panel (CJA) Informational Lunch scheduled for March 28, 2024, at 12:30 p.m., at the John Hervey Wheeler Federal Courthouse in Durham, has been postponed due to a court conflict. Please be on the lookout for a blog post with a new date for the luncheon very soon.

Partnership Representatives

John, a white man with dark brown hair, wears a pale blue shirt, lime green and blue tie, and black suit. By John G. Hodnette

Congress adopted new partnership audit rules as part of Bipartisan Budget Act of 2015 (“BBA”), replacing the Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”). As part of that change, the role referred to as the tax matters partner has been replaced by the partnership representative.

The partnership representative can take a number of actions on behalf of the partnership, including (i) entering into a settlement agreement; (ii) agreeing to a notice of final partnership adjustment; (iii) requesting modification of an imputed underpayment; (iv) extending the modification period; (v) waiving the modification period; (vi) agreeing to adjustments and waiving the final partnership adjustment; (vii) extending the statutory periods for making adjustments; and (viii) making a push out election.

Read more

Informational Lunch with Chief District Judge Catherine C. Eagles

Stacey, an African American woman with short brown hair, wears brown glasses, gold earrings and a necklace, and a black suit.By Stacey Rubain 

If you think you might one day like to expand your practice to federal criminal matters by taking appointed cases for indigent defendants, you are invited to attend an informational lunch program and learn more about the appointed counsel list for the Middle District of North Carolina, known as the Criminal Justice Act Panel. Items covered will include the experience required to serve on the panel, the application process, and some of the rewards and challenges of federal criminal work. This lunch is hosted by Chief District Judge Catherine Eagles and the Middle District Federal Defender’s Office.

A program will be held in Durham on Thursday, March 28, 2024, in the Jury Assembly Room on the second floor of the John Hervey Wheeler Courthouse, located at 323 East Chapel Hill Street. Lunch is included for those who register in advance by emailing [email protected] by Monday, March 25. The program will begin at 12:30 p.m. and conclude no later than 1:45 p.m.

The Pragmatic and Transformational Impacts of Leadership Development in the Legal Profession

Clare, a white law student with shoulder-length brown hair, wears a grey button-down shirt, black jacket and pearl earrings.

Clare Magee

Benjamin, a white man with a brown beard, wears a white shirt, gold tie and black jacket. He stands with a brick building behind him.

Benjamin Rigney

By Clare Magee and Benjamin Rigney

Lawyers are facing increasingly difficult questions about what it means to be part of the legal profession in the twenty-first century. How can lawyers navigate shifting generational dynamics in the workplace? What can lawyers do to adapt to the advent of legal tech and artificial intelligence? How should lawyers advise clients in an environment of rapidly evolving jurisprudence in a number of practice areas?

According to Benjamin Rigney, Assistant Director for Leadership and Character in the Law School at Wake Forest School of Law, lawyers can begin to answer some of these questions by cultivating character-based leadership practices within the legal profession.

Many lawyers view themselves as specialists and technicians – masters of black letter rules and standard forms whose contributions to the legal profession are defined by what they can do rather than who they are. Certainly, knowledge of the law is foundational to the profession. But Rigney suggests that leadership is an equally important component of lawyering: “Lawyers are influencers in the sense that so much of a lawyer’s work involves guiding people towards making a decision. People come to lawyers because they want advice – we are counselors at law.”

Read more

So, Your Client is Considering Investing In a Film . . . .

Harris, a white man with grey hair, wears a red and white checkered shirt and a black jacket. By Mary Craven Adams and Harris E. Tulchin

In March 2023, the North Carolina Film Office reported that 2022 spending from film production had topped over $258 million, and 2023 was off to a strong start. Governor Roy Cooper lauded the industry for creating over 16,000 job opportunities in the state, including over 70 films, television, and streaming projects in 2022 alone.

With ever-increasing film production in North Carolina, it is timely to review the basics with respect to advising clients considering an investment in film. This blog post shares top legal and non-legal considerations when advising a first-time (or relatively unsophisticated) film investor. There is a long list of potential bad outcomes for a film investor — from the producer running out of money, the film being unable to obtain distribution, a lender taking over the project due to non-payment of a loan, or even the failure to distribute profits. Set forth below are key questions to ask about the proposed project to assist you in understanding the project and advising your client regarding strategies to minimize risk.

Read more

Recent Legislation Enacted After LexisNexis 2023 Update Deadline

By Nancy Ferguson Nancy, a white woman with light brown hair, wears a white blouse and black jacket.

The below information was provided by David Unwin, Revisor of Statutes, to alert attorneys to this limitation in the most recent update by LexisNexis. Some legislation enacted late in the session is not yet incorporated into LexisNexis, including the important S.L. 2023-134 2023 Budget Bill which includes the NC State Bar Grievance Review Committee, Disciplinary Hearing Commission, and State Bar Fees provisions, as well as later notary law amendments, NCBA corporate law recommendations, and more regulatory reform, among others.

Due to the publishing schedule of LexisNexis, when sessions last a long time, LexisNexis and the Legislative Services Office typically agree on a cutoff date to determine what session laws get included in the next update of the General Statutes. The goal is to include as many session laws as possible while also enabling LexisNexis to publish its annual update on schedule. For instance, last year, LexisNexis and the Legislative Services Office agreed to treat S.L. 2023-122 as the last session law for purposes of the 2023 update. The General Assembly’s website is drawn from LexisNexis’s electronic data, so the website currently reflects sessions laws up through S.L. 2023-122. The Legislative Services Office is currently working on a 2024 Special Supplement that will reflect the remaining 2023 session laws. The 2023 budget bill (S.L. 2023-134) is one of these session laws. It is important to be aware of how up to date the General Assembly’s website is. Because the website currently does not reflect S.L. 2023-123 through S.L. 2023-151, a researcher should check the Law Modifications list for those session laws to gain the most current picture of the statutes. This list shows what General Statute and Session Law sections have been modified by these remaining 2023 session laws.

A Letter to My Younger Self

Patti, a white woman with shoulder-length blond hair, wears a blue suit. In the background is blurred foliage. By Patti Ramseur

Dear Patti (age 26),

You just graduated law school, got married, and started your clerkship with Judge Walker. You will learn so much from Judge Walker! He is a great mentor and will continue to be an important part of your life for many years to come. You will enjoy your DINK (double income no kids) status, while you try to learn how to be a lawyer and focus on tackling the significant law student debt you incurred. Be diligent in paying down your law student loans, but always remember this is an important part of what makes you who you are. It makes you truly appreciate the opportunity to be a lawyer and part of this noble profession.

Are you sitting? You are currently the president of this amazing group of attorneys, the North Carolina Bar Association! I know that’s difficult for you to imagine. The NCBA will be critical to your growth and development, both professionally and personally. So jump in (soon!) and participate at every opportunity you get. The current Chair of the NCBA’s Young Lawyer Division asked me to write a letter to my younger lawyer self, so here are a few tips for you: Read more