THURSDAY, FEBRUARY 8, 2024
12:55 Welcome and Introductions
1:00 "Takin' Care of Business" Succession: A Case Study
Zachary F. Lamb, Ward and Smith PA, Asheville
Jane Francis Nowell, Ward and Smith PA, Greenville
Gain insight from an interactive presentation that poses hypothetical challenges to a family undergoing common issues that arise and can be resolved with business succession planning. This session provides a survey on basic succession planning concerns and identifies methods to help clients overcome such challenges.
2:00 Break
2:10 "R-E-S-P-E-C-T": North Carolina Secretary of State Update
North Carolina Secretary of State Elaine F. Marshall, North Carolina Department of the Secretary of State, Raleigh
The Office of the North Carolina Secretary of State provides an update on developments at the North Carolina Department of the Secretary of State, speaks to "hot" topics and answers audience questions about the Department and its work.
2:40 Break
2:50 "All Things Must Pass": North Carolina Legislative Update
Stephen F. Later, Robbins May & Rich LLP, Pinehurst
This presentation dives into recent changes made to the Business Corporation Act, including revisions related to conducting business by electronic means, shareholder voting, shareholder inspection of records, and business opportunity disclosures, as well as to the charitable solicitation licensing statutes.
3:20 Break
3:30 "It's All About the Benjamins": Bridging the Gap in Valuations and Beyond
Brett A. Hubler, Troutman Pepper Hamilton Sanders LLP, Charlotte
Learn the latest on different mechanisms for finding compromises on price and liability regimes in the mergers and acquisitions space.
4:00 Break
4:10 "Don't Go Chasing": Waterfalls
Seth T. Walker, Moore & Van Allen PLLC, Charlotte
This presentation addresses the ins and outs of waterfall provisions in limited liability company agreements, including typical structures and common pitfalls.
4:40 Adjourn for the Day
FRIDAY, FEBRUARY 9, 2024
8:55 Announcements and Introductions
9:00 "Only God Can Judge Me": Annual Case Law Update
Andrew J. Haile, Elon University School of Law, Greensboro
Hear about recent business law judicial decisions from the North Carolina courts.
10:00 Break
10:10 "We Are Never Getting Back Together": Hoping for the Best and Planning for the Worst in Employment Relationships
Erin M. Barker, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro
Jessica Thaller-Moran, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh
The mobility of the modern workforce isn't limited to executives in Silicon Valley. Untangling employment relationships in North Carolina businesses can present the same or even greater complications if the employee has been a key part of a family business, owns equity, or has been promised employment for term or other specific conditions. Against the backdrop of law that is increasingly skeptical of post-employment covenants, the burden often falls on business lawyers to set relationships up for both success and flexibility.
11:10 Break
11:20 "Jump, Jive an' Wail": Beneficial Ownership Reporting and Filing Obligations Under the Corporate Transparency Act
David M. McCallum, Maynard Nexsen PC, Raleigh
Andrew D. Steffensen, Schell Bray PLLC, Greensboro
This discussion focuses on the extensive beneficial ownership reporting and filing obligations of reporting companies under the Corporate Transparency Act (CTA). In particular, presenters discuss the entities subject to the reporting and filing obligations of the CTA, the individuals required to be identified in beneficial ownership reports, exclusions from the reporting and filing requirements of the CTA, and the information required to be disclosed in beneficial ownership reports.
12:20 Networking Lunch
Business Law Section Annual Meeting
David P. Broughton, Womble Bond Dickinson (US) LLP, Winston-Salem, 2023-2024 Section Chair, presiding
Click here to join via Zoom. (Dial-in: 1.669.444.9171 | Meeting ID: 833 3179 2043 | Passcode: 672981)
We hope that all Section members join us via Zoom for the Annual Meeting. This brief meeting includes an update from the Chair about all the work the Section has done this year, as well as a vote for the incoming officers and council members.
1:20 "What's Going On?": DE&I Post-SCOTUS
Taylor M. Dewberry, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
Sidney O. Minter, Advanced Auto Parts, Raleigh
Kerry A. Shad, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
In June 2023, the Supreme Court issued a pivotal decision ending colleges and universities' ability to consider race in college admissions. While the holding of the Students for Fair Admissions (SFFA) v. Harvard University and University of North Carolina cases was limited to the education context, we are seeing legal challenges to some employer and supplier diversity, equity, and inclusion (DE&I) efforts. This session, presented in conjunction with the Minorities in the Profession Committee, explores the current state of litigation and lawmaking post-SFFA, and attendees learn best practices for DE&I moving forward.
2:20 Break
2:30 "Like a Rolling Stone": What Lawyers Need to Know About Artificial Intelligence*‡
Catherine Sanders Reach, North Carolina Bar Association, Cary
In November 2022, Chat GPT 3.5 launched to the public. Since then, artificial intelligence has been a very hot topic. Lawyers need to understand how generative artificial intelligence impacts their lives and practices, as well as their clients and their clients' lives and businesses. In this session, we describe how the technology works in plain language, examine different products on the market, and explore positive and negative impacts of the exponential explosion of AI.
3:30 Break
3:40 Getting By With a Little Help From Our Friends†
Cathy D. Killian, North Carolina Lawyers Assistance Program, Charlotte
The ABA and Hazelden Foundation recently conducted a nationwide study confirming that lawyers struggle with depression, anxiety and alcoholism at rates that far exceed rates found in the general population and other professions. We all know the risks. We often see colleagues in trouble but are unsure exactly what to do about it. This presentation highlights real-world strategies that lawyers and law firms can use to 1) identify colleagues at risk, 2) create a culture of safety that reduces barriers for those in need to asking for and receiving help, and 3) intervene when it is clear a colleague needs assistance.
4:40 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
† Indicates portion providing Substance Abuse/Mental Health credit
‡ Indicates portion providing Technology Training credit
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