January, 2020 - NCBarBlog

Starting Small In 2020

Happy 2020! Did you set any New Year’s resolutions? I’m a self-described gym rat and the number of people I see working out invariably spikes this time of year. That is, the treadmills are suddenly completely full, stay that way for a week or two, but then are back to normal just as quickly. Why, by mid-January, do so many of us feel like we’ve already failed to carry out the goals we made just a few short weeks ago? A big reason is because we set our goals way too high – they are unrealistic, and therefore unattainable, from the get-go.

What if, in 2020, we choose instead to start small? I’ve been thinking about this approach after hearing the personal finance guru Dave Ramsey’s advice for getting out of debt, what he calls the “Debt Snowball Method.” He tells people who have multiple debts to tackle the smallest one first, then the next smallest and so forth until they have paid them all off, the largest one last. By getting rid of the smaller ones first you build up momentum, which then motivates you to continue to keep going to the larger ones. The snowball effect is a general principle which applies outside of personal finance as well.

January 16, 2020/by IntellectualProperty

Elder Law Section CLE Scholarship Program Deadline 1/30

Elder & Special Needs Law

By Shirley Diefenbach

NCBA Elder and Special Needs Law Section CLE Scholarship Program

The North Carolina Bar Association Elder and Special Needs Law Section (NCBA-EL) recognizes that, although the public perceives lawyers to be among the most affluent members of society, in fact many attorneys struggle to make ends meet, need to pay off large amounts of law school debt, or sometimes suffer from economic hardship due to the poor job market, disabilities or other factors. The NCBA-EL wants membership in, and services from, the Section to be available to attorneys regardless of their ability to pay. We understand that one of the greatest services available for members is the high quality continuing legal education sponsored by the NCBA Foundation. As a result, the NCBA-EL has established a Scholarship program for CLE program tuition for the Section’s 24th Annual Elder & Special Needs Law Symposium on February 20, 2020 and February 21, 2020.

January 15, 2020/by ElderLaw

Articles and Other Information of Potential Interest for Admin Law Practitioners

Administrative Law

GSA Wants Public Feedback on its eRulemaking Modernization Effort. Brandi Vincent, Nextgov.com. December 30, 2019.

GSA is seeking public comments on modernizing its eRulemaking and will hold public hearings on the topic on January 30 and March 25, 2020. If you have ever commented on a federal rule or been frustrated by the eRulemaking process, this is your chance to make the system better.

Trump uses North Carolina’s Basnight Bridge to justify change in environmental rules

By Lynn Bonner. Durham Herald-Sun. January 09, 2020.

January 15, 2020/by Administrative

Duke Law’s 10th Annual Sports & Entertainment Law Symposium (Friday, January 17)

Sports & Entertainment Law Section

By Zack Flagel

On behalf of Duke’s Sports and Entertainment Law Society, you are cordially invited to attend Duke Law’s 10th Annual Sports & Entertainment Law Symposium Friday, January 17.

This year, the theme is “Athlete and Artist Rights in the Evolving Sports, Entertainment, and Music Industries.”

The Symposium includes a panel addressing the USWNT/Equal Pay Movement and a corresponding Keynote Address by Nancy Hogshead-Makar, a prominent women’s sports advocate and Duke Olympic gold medalist. The Symposium will also feature panels on the film and music industries.

January 15, 2020/by SportsandEntertainment

Alimony Modifications: Taxation of Alimony Payments Under the 2017 Tax Act

Tax Section

By John G. Hodnette

Prior to the 2017 Tax Act, Section 71 provided alimony payments entitled the payor to a deduction and required the payee to include them in taxable income. The 2017 Tax Act repealed Section 71. For alimony orders executed after December 31, 2018, a payor of alimony receives no deduction, and an alimony recipient is no longer taxable on it.

While this change may seem straightforward, an interesting question arises when an alimony order is executed on or prior to December 31, 2018 but is later modified. Although Treasury has not yet issued guidance, the 2017 Tax Act provides guidance at Pub. L. 115-97 § 11051(c). That section states “any divorce or separation agreement (as so defined) executed on or before [December 31, 2018] and modified after such date [shall be bound by the amendments to this section] if the modification expressly provides that the amendments made by this section apply to such modification” (emphasis added). Thus, one must expressly adopt the new law in the modification of the old alimony for the new law to apply.

By providing that one may essentially contract his or her way into the new law, Congress has passed the responsibility to the taxpayer. Family law attorneys should be deeply familiar with these aspects of the tax code.

John G. Hodnette, JD, LLM is an attorney with Culp, Elliott, & Carpenter in Charlotte.

January 14, 2020/by TAX

Slowing Down

January 14, 2020/by NCBA Blogger

Sign Up Now for Core Curriculum for Complex Business Litigators!

Antitrust & Complex Business Disputes Law

By Tom Segars

Happy New Year! One special delight of ringing in another year is knowing that the Antitrust & Complex Business Disputes Section Annual Meeting and CLE is right around the corner. The CLE is always a wonderful opportunity to network with others, to learn about matters that truly affect our practice, and to fulfill any last-minute CLE needs. This year’s CLE on February 13, 2020, will be no exception.

Core Curriculum for Complex Business Litigators features a lineup of dynamic speakers to present on a broad range of topics. The agenda includes deep dives into substantive legal areas that many of us encounter regularly:

North Carolina’s economic loss rule;
Ethical issues that arise in closely-held business disputes; and
The law of receivership.

Three exceptionally qualified panels will bring diverse perspectives on areas of practical significance to our Section membership:

Arbitration as a means of resolving complex business disputes—with practical tips and empirical data about the process;
Developments in recent antitrust initiatives, investigations, theories, and major enforcement actions from the Department of Justice, the Federal Trade Commission, and state attorneys general; and
Particularly difficult business valuation issues—with insights for working with expert witnesses from both lawyers and business valuators.

The program will culminate with a “view from the bench” panel presentation of the North Carolina Business Court Judges. Attendees will have the unique opportunity to have their own questions addressed by the Court. Anyone who has seen this presentation in previous years will tell you that it is truly a must-attend for those of us who practice before the Business Court regularly.

If you have not yet done so, please sign up here. I hope to see you there!

January 13, 2020/by ACBD

Pro Bono Volunteer Spotlight: Dan Gibson

Pro Bono Committee

Pro Bono Project: NC Appellate Pro Bono Program

By Caroline Trautman

When we asked Dan Gibson about the pro bono appeal he’s been successfully handling, one of the first things he did was give credit to others – his mentors, his colleagues, and his client.

Gibson’s humility is admirable. But it’s evident that Gibson’s passion for helping others and for appellate law took his advocacy to the next level. The case, Routten v. Routten, is a domestic law matter with heart-breaking facts; Gibson’s client is a mother who was denied custody and visitation rights with respect to her two children following trial.

Gibson had agreed to accept court appointments through the North Carolina Appellate Pro Bono Program and took the case in the summer of 2018.

January 10, 2020/by Russell Rawlings

The Mid-Winter CLE is Just Around the Corner!

Construction Law Section

By Jonathan Massell

As the robot in Lost in Space would say, “Danger, Will Robinson.” However, this alert is not about a warning to a pioneering family of space colonists. Rather, it is a warning to you, as a member of the Construction Law Section, that the deadline for this year’s Mid-Winter CLE is fast approaching and you are in danger if you have not registered. Here is the rest of the story . . .

This year’s Mid-Winter CLE will take place on Thursday, February 20, 2020 at the NC Bar Center in Cary. The program is titled: Construction Law Potpourri: An Assortment of “Trends and Changes” Topics Requested by Our Members. Designed to address a variety of topics, this program addresses an assortment of trends and changes in the field. These topics, chosen by the section members, include basic lien law at the forefront of a dispute, the bankruptcy considerations at the tail end of a dispute and everything in between. Each session provides practical information for the everyday practice of construction law. Don’t hesitate to register if you wish to attend as those who register by January 30, 2020 will receive a 10% discount. Pasted below is a link to the online brochure containing the detailed agenda and list of speakers.

On a final note, a networking reception will be held the night before the CLE between 5:00-6:30 p.m. at Whiskey Kitchen, 201 West Martin Street, Raleigh. Even if you are unable to attend the CLE, please try to swing by the networking reception to enjoy drinks and appetizers with your fellow Section members.

Link to brochure:

https://www.ncbar.org/media/990576/837clp_web.pdf

January 9, 2020/by Construction