Court of Appeals Upholds Summary Judgment for Design Professional Based on Established Law Regarding Duty and Bad Faith

By Nancy Litwak

On April 19, 2022, the Court of Appeals rendered its opinion in Southeast Caissons, LLC v. Choate Construction Company, Choate Construction Group, LLC, and Falcon Engineering, Inc., No. COA21-223, 2022 WL 1146261 (N.C. Ct. App. April 19, 2022).

Plaintiff Southeast Caissons, LLC (“Plaintiff”) appealed from an Order granting Falcon Engineering, Inc.’s (“Falcon”) Motion for Summary Judgment, as well as the Judgment dismissing Plaintiff’s claims against Choate Construction Company and Choate Construction Group, LLC (collectively, “Choate”) following a jury trial and verdict in favor of Choate.

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Checking In: May 31, 2022

Compiled by Jessica Junqueira

Fox Rothschild Selects New Partner

Troy Shelton is a young man who has grey eyes and a dark hair and a beard and mustache. He is wearing a dark grey suit with a white shirt and pale grey tie. he is standing against a light grey background.Troy D. Shelton has been named a partner with the firm. He practices in the Litigation Department in the firm’s Raleigh office. Shelton has both trial and appellate experience. He has litigated cases in the areas of class actions, antitrust, employment disputes, land use and family law. He is a class action consultant to attorneys within the firm as well as outside it. After earning his J.D., magna cum laude, from the University of North Carolina School of Law, Shelton served as a Guardian ad Litem, and following that role, as an appellate attorney. He also holds a B.A., magna cum laude, from Duke University, where he was a member of Phi Beta Kappa.

Two Attorneys Join Hall Booth Smith

Megan McGee Stacy is a young woman who has blond shoulder-length hair, and she is pictured in a black shirt. She is smiling in the sunshine and is standing in front of a pale grey building.Megan McGee Stacy has joined the firm’s Charlotte office of counsel. Her practice is focused on commercial contracts and business torts, construction, general liability, medical malpractice, premises liability, products liability, professional liability, and transportation matters. She has prior experience in commercial litigation law. She earned a J.D., summa cum laude, from the Charlotte School of Law. She also holds a B.A. in history, with honors, from High Point University.

Laura Gregory is a young woman who has shoulder-length blond hair and is wearing a cream-colored jacket and black shirt. She is pictured standing outside in the sunshine with a pale grey building behind her.Laura Gregory has also joined the Charlotte office. She focuses on general liability, medical malpractice, labor and employment, and workers’ compensation law. Gregory serves with the North Carolina Association of Defense Attorneys and the Junior League of Charlotte, and she is a mentor with the Carolina Youth Coalition. Before joining the firm, she practiced workers’ compensation law. She holds a J.D. from the University of North Carolina School of Law and a B.A. from the University of North Carolina at Wilmington.

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MIP’s Diverse Perspectives: Giovonni Wade

Giovanni Wade is a young woman with black hair and brown eyes. She is pictured smiling against a white background, and she is wearing a white shirt and a yellow blazer.By Giovonni Wade

MIP’s Diverse Perspectives is a monthly blog feature to spotlight a member from North Carolina’s community of diverse attorneys and legal professionals. Members have the opportunity to share a personal perspective through a brief set of interview questions.

This month’s perspective is courtesy of Giovonni Wade, Director of Diversity Initiatives, University of North Carolina School of Law. 

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Making Attorney Self-Care an Atomic Habit

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Ashley Banks is a young woman with golden brown hair and brown eyes. She is pictured smiling against a black background, and she is wearing a red shirt and a black blazer. By Ashley Banks

As legal professionals, we dedicate significant time and energy to improving our practice, our knowledge, our business. But how much time do we devote to improving the way we care for ourselves? When is the last time you reviewed your self-care routine, implemented new self-care strategies, or set time aside for self-care planning? If you’re like me, your self-care routine may benefit from a well-designed system — James Clear’s Atomic Habits system.

Self-Care is Key for Legal Professionals, But it is Not Our Forte

As advocates serving others in a myriad of ways, our profession is notorious for disregarding the well-established principle of “fitting our own oxygen mask first.” But, it’s because we are advocates serving others in a myriad of ways that fitting our own oxygen mask first is so critical.

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Recent National Articles about North Carolina Tax Matters

 

By Herman Spence III

There have been several recent national articles about North Carolina tax matters.

1. The May 11, 2022 issue of Taxes – The Tax Magazine has an article entitled “100 Years of State and Local Taxation in North Carolina.” The article is by Roby B. Sawyers, who is a professor in the College of Management at North Carolina State University. In addition to providing interesting history, the article contains statistics, such as over the past thirty years, the percentage of state general fund tax revenues by source has (a) increased from about 48.5% to about 52% for individual income taxes, (b) increased from about 25% to 32.7% for sales and use taxes, and (c) decreased from about 8% to 2.7% for corporate income taxes.

2. On May 23, 2022, Tax Notes posted an interview with Charles Collins. Mr. Collins worked for the North Carolina Department of Revenue for more than thirty years before retiring from the Department at age 55. He has continued to be active in tax matters, including with ADP’s payroll operations.

3. On May 23, 2022, Tax Notes posted an article by Roxanne Bland about transactional nexus. It discusses Quad Graphics, Inc. v. NC Dept. of Rev., No. 407A21-1 (NC, filed Nov. 22, 2021). The article criticizes the formalistic distinctions between sales and use taxes that would prohibit the state from collecting a sales tax but permit it to collect a use tax.

Herman Spence III is an attorney with Robinson, Bradshaw & Hinson, P. A. in Charlotte.

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The 2022 Distinguished Paralegal Award Winner – Grace Ward

By the Communications CommitteeGrace Ward, who has short blond hair, is pictured in a blue shirt with foliage behind her.

Each year, the North Carolina Bar Association’s Paralegal Division seeks nominations for a Paralegal Division regular member who has actively participated in paralegal activities, such as civic/community volunteering, paralegal leadership, paralegal education, and promotion of the paralegal profession during the nomination period.  This year, the Awards Committee was proud to present the award to Grace Ward.

Grace is a North Carolina Certified Paralegal who has been working as a paralegal since 1986.  She is currently employed by Allman Spry Davis Leggett & Crumpler P.A. in Winston-Salem. Grace had previously been with Davis & Harwell P.A. since January of 1990, but when the firm merged with Allman Spry Leggett & Crumpler P.A in May of 2014, she continued her career alongside them. She has been with firm ever since.

In addition to her work, Grace has also been involved with a number of volunteer organizations throughout her life. She has served as Chair, Vice-Chair, and a Council Member for the (then) Legal Assistants Division of the North Carolina Bar Association; member of the North Carolina State Bar Board of Paralegal Certification and Grievance Committee; member of the North Carolina Community College Paralegal Advisory Committee; member of the Alliance for Paralegal Professional Standards; member of the Wade Edwards High School Mock Trial Competition; Guest speaker for Wake Forest University School of Law’s Intensive Family Law Class; Guest speaker for the American Academy of Matrimonial Lawyers; and member of the Lexington High School Band Parents Association.

In honor of her award, we asked Grace to share some of her story with us.

Was being a paralegal your first career, or did you transition from another field?

Being a paralegal was a natural profession for me. I love mysteries, puzzles, and helping make a positive difference for others. I was fortunate to work for a lawyer who encouraged me to attend a local community college paralegal program. While working full time as a paralegal, having a family, and an encouraging husband, I earned my associate degree in Paralegal Technology from Davidson County Community College, and my Bachelor of Science in Business Administration from Salem College. The attorneys I work with help me exercise my skills and strengthen my desire to learn. My thirst for knowledge and understanding continues every day. If I do not understand a concept or am not familiar with a topic, I read and learn until I do.

What did you never think you would be doing that you are doing now (does not have to be work-related)?

Gardening is satisfying for me. I work hard planting and weeding; the result is a beautiful flower or a delicious vegetable. This year, my husband agreed for our home to be part of the Davidson County Master Gardeners Tour. I definitely am out of my comfort zone! Luckily, my neighbor is a master gardener, and has taught me a lot the past two years. I read and watch a lot of gardening shows and enjoy learning various methods of gardening. I never thought I would be involved in a garden tour. Hopefully the attendees will enjoy their visit. As my husband says, “It is what it is.”

What are you reading right now?

“The Magical World of Moss Gardening” by Annie Martin. I became curious about the number one crop in our nation – lawns. The damage lawn mowers and blowers cause to our environment is almost equivalent to the damage of automobiles. Recently, I began studying how to grow moss instead of a lawn. I don’t know that I will give up my lawn, but I have begun to cultivate a moss garden.

What do you do to relax (and why)?

I enjoy laughter with my family, so spending a day with family and friends rejuvenates me. As life progresses, I realize how precious time spent with those who are important in my life is. My daughters provide invigorating conversation and insight to views different than mine, and my granddaughter has brought a special sparkle to my life and definitely helps me relax.

What do you consider to be your biggest accomplishment?

In my professional life, my biggest accomplishment is sharing with another paralegal what little bit of knowledge I have attained. Charles Dickens said, “No one is useless in this world who lightens the burdens of another.” Years ago, I had the opportunity to work with a young paralegal. I shared as much of my experience, tips and techniques that she could absorb during our short time together. She was the perfect student. Not too long ago, I received an email from her telling me just how much that experience made a difference in her life. Helping another to have a successful career is my biggest professional accomplishment. I hope I get the chance to do it again.

What might someone be surprised to know about you?

With my southern accent, many people may be surprised to learn I was born in Florida. My maternal grandfather was born and is now buried at Pedro Castle on Grand Cayman. I lived in Grand Cayman in my youth and attended a British school. I learned to sail and eat breadfruit and Jamaican patties. Living with people of different cultures helped me to be sensitive to how others may feel coming to my town.

Thank you, Grace, for sharing your story with the Paralegal Division. We congratulate you again for being the 2022 Distinguished Paralegal Award recipient!

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The Paralegal Division Blog is managed by the Division’s Communications Committee. Via the blog, the Communications Committee provides information written by attorneys, paralegals, and other experts designed specifically for paralegals in the areas of substantive law, ethics, technology, paralegal practice advice, and more. If you are interested in signing up to submit a blog post on a future date, you can do so here. When you are ready to submit a blog post, you can do so by using this form.

You may also wish to participate in the Division by using our virtual suggestion box to submit suggestions/ideas to the Division Council, nominating a paralegal for Paralegal Spotlight, or completing the Paralegal Spotlight Questionnaire if you are nominating yourself. If you are interested in volunteering with the Communications Committee, please contact the Communications Committee Chair at [email protected]. If you are interested in joining other division committees, you can review a list of committees and sign up here.

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Searching for Volunteers for the Grab-a-Coffee Program – Summer 2022 Launch

Kayla Britt is pictured in a white shirt and dark blazer in front of a dark background.Matt Meinel is pictured smiling and wearing a suit with a tree in the background.By Kayla Britt and Matt Meinel

The YLD’s Law Student Outreach Committee is continuing its flagship Grab-a-Coffee Program (“GaC”) over the summer!

GaC is a statewide program that pairs law students with practicing attorneys based on their practice area(s) of interest. Discussion topics may include the attorney’s path to their current employment, what the practice is like in the attorney’s current areas of law, and any general advice the attorney may have for the student. The program is meant to be an informal, one-time, thirty-minute meeting. Attorneys and students have the option of meeting virtually or in person.

To make this program a success, we need you! We are seeking attorney volunteers to connect with a law student and pass on the valuable insights you have about succeeding in law school and entering the practice of law. If you would like to volunteer, please fill out this attorney sign-up form (law students can sign up with this student sign-up form). If you have signed up during a previous GaC session, you will need to sign up again. Volunteers will be notified by email with more information once they are paired with a law student.

We look forward to a successful summer of networking!

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Out of the Office Series: Fitness Edition

By Desirae Hutchinson, Robyn Sanders, Sloan Carpenter, and Larissa Mañón Mervin

Desirae Hutchinson

Desirae Hutchinson

Where do you work and what is your job title?

I work at Cape Fear Valley Health System and am Assistant Counsel there.

What type of law do you practice?

Healthcare/ In-house counsel

What do you enjoy doing out of the office?

Boxing Read more

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Reflections on 2022’s IAPP Global Privacy Summit

By Taylor Ey

I could not help but compare and contrast this year’s trip to Washington, D.C., for the IAPP’s Global Privacy Summit to the last one I attended, which was in 2019.

The venue was the same (the Convention Center in Washington, D.C.), and being in the building felt, at times, like I had traveled back in time. But then I remembered I was in 2022 when I attended the sessions or met with privacy professionals during breaks in the programming.

This year, many of the sessions were focused on how we can lawfully transfer data from Europe to a third country instead of 2019’s focus of getting ready for the U.S.’s first comprehensive state privacy law, the California Consumer Protection Act (CCPA). In 2019, we were making predictions about CCPA and its enforcement. We have lived with the CCPA for two years now and have more to prepare for as we get ready for three new (perhaps four with Connecticut?) U.S. state privacy laws that will take effect in 2023. Plus, there are changes coming to California under the California Privacy Rights Act. New topics also emerged, including how to protect teens’ and kids’ data in the U.S. (is it through a self-regulatory framework, updates to the federal Children’s Online Privacy Protection Act, a new federal law, or a combination of all of these?).

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And the Award Goes to: Julian Mann III

By the Communications Committee

The first part of this article consists of reasons the section presented the award to Judge Mann, and the second part has his response to the presentation[1]:

Julian Mann III is held in high esteem by the administrative law bar and has the respect of all parties in the administrative process in North Carolina.

He served as the second Chief Administrative Law Judge (ALJ) of the NC Office of Administrative Hearings (OAH). Appointed in 1989 as OAH’s Chief ALJ and Director by then North Carolina Supreme Court Chief Justice Jim Exum Jr., he was reappointed to consecutive terms by Chief Justices Burley Mitchell Jr., I. Beverly Lake Jr., Sarah Parker, and Mark Martin. Julian assumed the role of Chief ALJ when OAH was undergoing criticism.

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