Message from the Chair of the NCBA Business Law Section
Dear Members of the Business Law Section:
On Thursday, February 13, the Business Law Section held its annual Business Law Institute CLE, which was followed the next day by its Annual Meeting and CLE (which was held in conjunction with the Annual Meeting and CLE of the Bar’s International Law Section), all at the Pinehurst Resort.
I am happy to report that these events were well-attended, and that the CLE programs were once again of the very high standard that our section has come to expect over the years. Again, I would like to thank Kristina Schwartz (Womble Bond Dickinson, LLP [U.S.]) and Jonathan Jenkins (Jenkins Haynes PLLC), and all of the members of their planning committee, for all of their hard work in putting together such a fine program.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Businesshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBusiness2020-02-28 14:39:542020-02-28 16:47:26Message from the Chair of the NCBA Business Law Section
Duke Law and The Fuqua School of Business are co-hosting a Future of College Sports Conference to take place on March 6 and 7 (the weekend of the Duke-UNC game).
The conference will be hosting, among others:
Jay Bilas, ESPN analyst
David Robinson, NBA Hall-of-Famer
Congressman Mark Walker (NC)
Amy Perko, CEO of the Knight Commission
Robin Harris, Executive Director of the Ivy League
Donald Remy, NCAA COO/Chief Legal Officer
Stan Wilcox, NCAA VP of Regulatory Affairs
Leading sports law litigators at Winston & Strawn and Robinson Bradshaw
A full speaker list and registration details can be found at the conference website. Please do not hesitate to reach out to Zack Flagel if you have any questions.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2020-02-27 09:28:312020-02-27 16:21:54The Future of College Sports Conference (Co-hosted by Duke Law and The Fuqua School of Business)
Since 2018, the Family Law Section has partnered with the Estate Planning and Fiduciary Law Section on a joint task force to review and amend the Uniform Parentage Act for presentation to the North Carolina legislature. This post is a tribute to a founding member of that task force, William (Bill) Drew, who passed away on February 21, 2020. Bill practiced in Charlotte with the firm now known as K&L Gates, until his retirement in 2002. Post-retirement, Bill remained actively engaged in the Estate Planning and Fiduciary Law Section and was one of the first attorneys to recognize the need for updated parentage statutes in North Carolina that better addressed the needs and definitions of modern families. Bill was a visionary and a pioneer that played a fundamental role in the work of the task force. Although retired and in his 70s, Bill noticed and understood the gap in North Carolina’s parentage statutes long before most other practitioners. He cared deeply about protecting all children and wanted to ensure that North Carolina parentage statutes were fair and inclusive—that no child, regardless of how he or she was conceived or born, would fall into a gap in the law. Bill was willing to actually do the work that was necessary to evolve the law and bring it back into alignment with the current reality of the American family. He generously offered his time, energy, and effort. He didn’t just call for change. He was willing to be the change. Bill’s presence on the task force will be deeply missed, and we hope to continue this important work in his memory.
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.pngFamilyLaw2020-02-26 20:44:022020-02-27 11:47:55Tribute to Bill Drew
We are into the new year, and we’ve already seen several states introduce comprehensive privacy legislation on the heels of California’s Consumer Privacy Act (CCPA). It is no easy task to stay on top of (potentially) 50 different privacy requirements, each with differing applicability standards, definitions, requirements, obligations, and enforcement mechanisms. Cue this series of articles—meant to address developments at the state and (dare we say with fingers crossed) federal level.
Because these bills are coming fast and furious, we are going to focus on the five states that were first “out of the gate” to file their consumer privacy bills in the first two weeks of the new year: Illinois, Nebraska, New Hampshire, Virginia and Washington. We will continue to monitor additional legislation, so please check back for updates and developments.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CorporateCounselhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCorporateCounsel2020-02-26 15:08:532020-02-26 16:08:33Tracking Privacy: State Developments to Keep an Eye On
On March 31, the National Association of District Export Councils is hosting a webinar from 1-2 p.m. EST on China’s Belt and Road Initiative. Cost is $35 and more information can be found here.
CHINA’S BELT AND ROAD INITIATIVE
Update on Business, National Security and Geopolitical Impact
The National Association of District Export Councils (NADEC) is pleased to invite you to hear from experts on the China Belt and Road Initiative (BRI), a massive global development strategy involving infrastructure development and investments now in some 152 countries. Participants include international organizations and countries throughout Asia, Europe, Africa, the Middle East, the Pacific islands, and the Americas (Central and South). In addition to an update on BRI’s progress across the world, the impact of the Coronavirus pandemic on trade and investment will be discussed.
This program is the first in a series of three presented by the NADEC and is intended to provide the participant with a comprehensive overview of the BRI’s true magnitude and its potential control of global commerce.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00International Practicehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngInternational Practice2020-02-26 09:07:262020-03-03 09:08:39Webinar Opportunity: Learn About China's One Belt, One Road Initiative
Dear Members of the Antitrust and Complex Business Disputes Section:
I hope that everyone enjoyed the Annual Section Meeting and CLE on February 13th—thanks to Tom Segars, Jenna Butler, and everyone else involved in putting on such a great event. As Jenna mentioned at the Meeting, the ACBD Pro Bono Committee is pleased to announce a new initiative to provide resources to help North Carolinians protect their privacy. Privacy issues are an increasingly important topic today and we are excited to do our part in educating the public about how to avoid and deal with this problem.
Our privacy protection initiative involves two parts. First, we have developed a privacy protection brochure that provides information and identifies resources regarding identity theft, unwanted texts and emails, and other privacy issues. Printed copies of the brochure have been delivered to over 120 public libraries and legal aid centers throughout North Carolina. The Committee has received a grant from the North Carolina Bar Foundation to assist with this effort—we greatly appreciate their support.
Second, we have developed a comprehensive presentation regarding identity theft, which can be found here. This presentation is intended to be a resource for use by our members during community events or in other settings where identity theft and privacy issues are discussed.
The ACBD section is excited about continuing its tradition of pro bono involvement. If you would like to learn more about this important initiative or have thoughts on other pro bono efforts, please feel free to contact me at [email protected].
The Minorities in the Profession Committee’s 1L Summer Associate Program (1L SAP) held its Interview Day at Ward and Smith’s Raleigh office on Thursday, February 13. After a marathon day of interviews, eleven talented 1Ls were matched with participating firms and companies. Participating employers this year were Cranfill Sumner & Hartzog LLP; Duke Energy Corporation; Jackson Lewis P.C.; K&L Gates LLP; Lawyers Mutual Insurance Company; Passport Labs, Inc.; Poyner Spruill LLP; Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP; Spilman Thomas & Battle, PLLC; Ward and Smith, P.A.; and Wyrick Robbins Yates & Ponton LLP. Click here for additional coverage and click here to access photos from the event.
Court website description: prayer for judgment continued; conviction under N.C.G.S. 58-2-69; adjudication of guilt
NCDOI received an anonymous complaint that its licensee (plaintiff) had been convicted of assault. Plaintiff was found guilty of simple assault in a district court bench trial, followed by entry of a prayer for judgment continued upon payment of court costs. He did not make a mandatory report to DOI regarding the conviction. His attorney advised him that he need not report to DOI because “the district court had entered a PJC,” and “there had been no adjudication of guilt, plea of guilty, or plea of no contest.” A DOI hearing officer considered Petitioner’s reliance on advice of counsel. The hearing officer imposed a $100 civil rather than suspending or revoking Petitioner’s license.
On appeal by plaintiff, a Superior Court judge affirmed the hearing officer’s order. The Court of Appeals noted that the DOI statute specified that “conviction” “includes an adjudication of guilt, a plea of guilty, or a plea of nolo contendere.” The Court’s opinion cites to administrative law cases in its thorough discussion of “adjudication of guilt” in the context of whether a PJC with cost payment is an adjudication of guilt or entry of judgment. The Court affirms the trial court’s order.
Domination is potently feared by most people. The concept of an unfair exertion of power over a group or an individual by an entity is menacing because it can be arbitrary and unjust, and can make the recipient feel an overwhelming sense of helplessness. The beauty of the modern world is that we have the ability to decide how to live our lives. In the same way that the principle of manifest destiny was integral to the expansion of the United States, the freedom to make our fate with our own hands is crucial to achieving a positive sense of well-being. It is disheartening when a person can dominate you in a situation, but it is soul-crushing when a person perceives that a system is set up to have a power imbalance that harms them.
That is what I witnessed during my time at the courthouse. As a Judicial Assistant who worked in the Civil, Criminal, and Family Courts, I would see an assemblage of individuals who were dismayed with their experience within the judicial system. Some litigants’ reaction to a missed deadline or court date was a mixture of dread, frustration, and melancholia due to the belief that this was the only way to achieve their objectives. In my capacity as a court official, I could only provide procedure information and a soothing demeanor. I yearned to make a more meaningful impact.
In December of 2019, Rebecca A. Edwards was hired as Deputy General Counsel at Global Knowledge Learning LLC, an IT training company based in Cary. Edwards obtained a bachelor’s degree in English, with honors, from UNC Chapel Hill and a Juris Doctorate, cum laude, from Campbell Law School. As a member of the North Carolina Bar Association, Edwards has chaired the Family Law Council Children’s Issues Committee and served as co-chair for this committee. Edwards was a North Carolina State Bar Certified paralegal before working as a lawyer in private practice for several years. At Wake Family Law Group, she practiced in family law litigation and negotiation. In 2019, she ran for District Court judge in Wake County. Edwards has volunteered as part of the North Carolina Bar Foundation’s 4All Statewide Service Day and as Guardian ad Litem for children in the care of Wake County Human Services.
In January of 2020, Shannon Joseph was named partner of Morningstar Law Group. Before joining the firm, Joseph served as a Superior Court judge and a North Carolina Administrative judge. With years of experience in private practice, Joseph was a litigator for commercial disputes and business law. Her areas of emphasis are representing businesses and individuals in dispute resolution. Joseph is a DRC Certified Superior Court Mediator. Joseph obtained her Bachelor of Arts in English at Wofford College, cum laude, and her Juris Doctorate at Wake Forest University School of Law.
Steven Newton, II, was recently promoted from associate partner to principal at Nicholls & Crampton, P.A. He obtained his bachelor’s degree in political science and philosophy at UNC Chapel Hill and a joint Juris Doctorate / Master’s in Business Administration from Campbell Law School in 2012. Newton graduated magna cum laude from Campbell. Newton previously worked as a judicial law clerk for the Honorable Stephani W. Humrickhouse, judge of the United States Bankruptcy Court for the Eastern District of North Carolina.
By 
By 
By Jane Paksoy
By 
Steven Newton, II, was recently promoted from associate partner to principal at Nicholls & Crampton, P.A. He obtained his bachelor’s degree in political science and philosophy at UNC Chapel Hill and a joint Juris Doctorate / Master’s in Business Administration from Campbell Law School in 2012. Newton graduated magna cum laude from Campbell. Newton previously worked as a judicial law clerk for the Honorable Stephani W. Humrickhouse, judge of the United States Bankruptcy Court for the Eastern District of North Carolina.