Checking In: March 15, 2021

Samantha Hovaniec Joins Brooks Pierce

Samantha Hovaniec is now an associate at Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, and she will work in the Raleigh office. Hovaniec practices transactional law and represents businesses in corporate matters: mergers and acquisitions, corporate governance, and equity and debt financing. She graduated from the University of North Carolina at Chapel Hill with a B.A. in political science and economics and from UNC School of Law with a J.D.

Cranfill Sumner LLP (CSH Law) Welcomes Joan Welborn

Cranfill Sumner LLP (CSH Law) welcomes Joan Welborn, who is now a paralegal in the Raleigh office. She will work with the firm’s Workers’ Compensation Practice Group. Welborn has previous experience in employment and family law, as well as workers’ compensation defense. She received her paralegal certificate from the University of North Carolina at Chapel Hill. Welborn earned a B.S. in business administration, management and organizational development from Mount Olive College and an MBA in human resource management from Strayer University.

Ragsdale Liggett Names Murray Partner

Ragsdale Liggett recently welcomed Paula Murray as the newest partner in the firm. Murray joined the firm in 2016 and practices in the Residential Real Estate Group. Her skills have been recognized in peer-reviewed publications including Best Lawyers in America “Ones to Watch,” Super Lawyers Rising Stars, and Business North Carolina magazine Legal Elite editions. Murray is a 2007 graduate of Meredith College, where she earned a B.A. in political science with a concentration in law and justice. She is a 2011 graduate of Campbell Law School. Murray resides in Raleigh with her husband and daughter.
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Spotlight on Roy Baroff: He’s Just Getting Started (The Peace Award)

By Ketan P. Soni

What is an ombudsman? I’m not sure it matters, although Roy Baroff might disagree. What really matters is that Roy happens to be one, and he’s one of the foundation stones of dispute resolution in North Carolina. Roy is our “Peace Award” recipient in 2021, the 20th year of this prestigious acknowledgment.

First: Read about him in his own words. However, these words don’t do him justice. More on that later.

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The Grab a Coffee Program – A Successful Year

By Kayla Britt 

The NCBA YLD Grab a Coffee (GaC) Program went virtual this year. With more than one hundred attorney and law student matches, we had one of the most successful years of the program. Attorneys and law students were matched primarily based on practice areas and geographical location. The pairs scheduled their meetings using the software of their choice, at the time and date that worked best for them. We also included a feedback survey to guide our efforts in improving GaC for the years to come. We are proud of how well GaC took off this year, and we look forward to seeing it grow in the future.

Hear from two participants in the program, attorney Joshua Richardson and Wake Forest School of Law student Grace Koppenheffer, who share more about their individual GaC experiences below. Joshua and Grace were paired separately and both had a wonderful experience.

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Join Us For The 2021 Health Law Section Annual CLE Program

COVID-19 has accelerated the adoption and deployment of remote diagnostic (telehealth) services, and at the same time has created opportunities for health care fraud and the proliferation of cybercrime throughout the health care industry. The NCBA Health Law Section’s annual CLE program will include a panel presentation by Barry Herrin, Jenny Markham, and Allen O’Rourke, who will discuss how health care providers have operationalized telehealth in their service offerings, continuing challenges in telehealth reimbursement, the growth of telehealth-enabled fraud, the impact of cybercrime on the increased “attack surface” created by telehealth, and adjustments required due to more workplaces being converted to “work from home” and away from traditional office environments.

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Now Seeking Nominations!

By Elizabeth McKee and Francisco Morales 

The NCBA Corporate Counsel Membership Committee is seeking nominations for the 2021 recipient of the NCBA’s Corporate Counselor Award. The Corporate Counselor’s Award has been established by the Corporate Counsel Section to recognize members of the section who are the “superstars” of the North Carolina in-house community. Nominees will be considered by the Membership Committee for a single award to be presented at the Annual Meeting of the section on April 8, 2021, from 12:30 to 1 p.m., which will be held virtually this year. Please click here to register for the meeting.

Nominees for the award should: 1) have the highest ethical standards; 2) have shown great skill and ability as in-house counsel; 3) demonstrate a respect for and love of the law; 4) be dedicated to the community with a track record of pro bono or volunteer service; and 5) serve as an example of how to effectively balance both outstanding professional performance/service and other life endeavors.

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Diversity, Equity, & Inclusion (DEI) Series: Microaggressions, Building Rapport and Recovering from Blunders – Resources for Harmonious Pro Bono Client Interactions

“A provider should ensure that its staff has the skills, knowledge and resources necessary to provide assistance in a culturally competent manner.” ABA Standard 2.4 For the Provision of Civil Legal Aid

By Nisel Desai
Diversity and Inclusion trainings seem to have surged since the tragic killings of George Floyd and Breonna Taylor. The Black Lives Matter movement has seen an outpouring of solidarity and support, but we, as attorneys and officers of the court, must grapple with the difficult question: Why Now?

Perhaps it is the dual disasters of police brutality amidst a raging pandemic that have forced us all to participate in difficult conversations with each other, with our families, and within our communities. Whatever the root of this self-reflection may be, it is absolutely overdue, and such trainings and conversations are not intended to advance a particular political agenda, but rather to reframe these issues in the name of preserving human dignity and the equitable provision of justice. Two ends, that most attorneys can agree are the pillars of our profession.

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Nominate an Outstanding Paralegal for the Distinguished Paralegal Award!

Do you know an amazing multitasking paralegal ninja who is civic-minded, shines through adversity, and always lifts others up? Each year, the Paralegal Division of the North Carolina Bar Association recognizes an outstanding paralegal member who demonstrates exemplary leadership, professionalism, and commitment to the paralegal profession and to the public. It’s that time! Submit your nominations for our 2021 Distinguished Paralegal Award. It only takes a moment to make someone’s year by nominating a Paralegal Division member (you may nominate yourself) and letting them know how much you appreciate their contributions.

Basis of Award

The 2021 Distinguished Paralegal Award will be given to 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 2021 nomination period (May 2020 through April 2021).

The award winner will be determined by a Paralegal Division Award Committee following a review of all completed nomination forms submitted by the deadline set below. Read more

The Corporate Transparency Act and the Implementation of New Beneficial Ownership Reporting Requirements

By Andrew Steffensen

Overview

The Corporate Transparency Act (CTA) was enacted into law on January 1, 2021, as part of the 2021 National Defense Authorization Act. The stated objectives of the CTA include the collection of certain beneficial ownership interest information from corporations, limited liability companies and similar entities “to (A) set a clear, Federal standard for incorporation practices; (B) protect vital United States national security interests; (C) protect interstate and foreign commerce; (D) better enable critical national security, intelligence and law enforcement efforts to counter money laundering, the financing of terrorism and other illicit activity; and (E) bring the United States into compliance with international anti-money laundering and countering the financing of terrorism standards.”

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Construction Claims – No Contract, No Claims?

Andrew Atkins

Peter Marino

Patrick Wilson

This article has been republished with permission from Smith Anderson. 

By Andrew Atkins, Peter Marino and Patrick Wilson

The North Carolina Supreme Court recently issued a decision in Crescent University City Venture, LLC v. Trussway Manufacturing, Inc.[1] The case decided the question of whether a commercial developer-owner can bring a negligence claim directly against a supplier of defective building material where no direct contract existed between the owner and supplier. The Supreme Court held that the owner could not maintain such a claim and reaffirmed that the “economic loss rule” applied. The economic loss rule provides that, when a duty to perform arises from a contract, no negligence claims can be brought for failing to perform that duty. Instead, only contract claims can be brought.

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An Interview with Erin Locklear

By Jeremy Locklear and Erin Locklear

Why do you consider yourself a diverse attorney?

When I think of a classic definition of “diverse,” I think of someone who differs from those around her. As a Native attorney, that definition has applied to my experience. I have never practiced with another Native attorney. I have only ever encountered one Native attorney while representing my client — a personal injury attorney who was representing an adverse party. There are no Native attorneys in any of the industry-specific trade organizations to which I belong. So, I do consider myself a diverse attorney and I have placed an emphasis on building bridges with those who are different from me.

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