Monday, December 15, 2025
Home Blog Page 709

Legal Elite – Business 2011

0

Business

STEPHEN M. LYNCH Robinson, Bradshaw & Hinson PA, Charlotte

My daughter is a high-school senior, and I have accompanied her on a number of campus visits in the Southeast. It seems that on most every visit, the admissions folks indicate that their school has students from 49 states, with the consistent lament that they lack any student from North Dakota. If it would help my daughter’s chances at the colleges she’s interested in, I’d gladly be from North Dakota.

Vita: Born Jan. 2, 1960, in Rockville Centre, N.Y.; bachelor’s and master’s degrees from Alfred University, law degree from Duke University; wife and two children. What he’d be if not a lawyer: A teacher, likely in middle school. Memorable case: In 1997, we helped a client with its plan to simultaneously acquire two unrelated companies listed on the New York Stock Exchange. After parallel but separate due diligence and negotiations, we signed one merger agreement at around 9 p.m. and the other about five hours later. One of the acquisitions required an expedited tender offer and consent solicitation for the outstanding public debt. It was an exciting time, but it about killed me. Passions: My friends and firm. Favorite place: Bald Head Island in the off-season. Recent reading: The Museum of Innocenceby Orhan Pamuk. Don’t ask him to: Keep a tidy office (but I do know where everything is).

Find a specialty;

Legal Elite Home Page || Antitrust | Bankruptcy | Business | Construction | Corporate counsel | Criminal | Employment | Environmental | Family | Intellectual property | Litigation | Real estate | Tax/Estate planning | Young guns

Business

<Stephen M. Lynch Robinson, Bradshaw & Hinson PA | Charlotte David D. Beatty Myers Bigel Sibley & Sajovec PA | Raleigh Daniel L. Brawley Williams Mullen | Wilmington Patrick S. Bryant Robinson, Bradshaw & Hinson PA | Charlotte Christopher B. Capel Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan LLP | Raleigh Bruce H. Connors, Connors Morgan Sinozich PLLC | Greensboro Galen G. Craun III Bell, Davis & Pitt PA | Winston-Salem Walter Daniels III Daniels Law Firm PC | Asheville Fred B. Davenport Jr. Murchison, Taylor & Gibson PLLC | Wilmington Ernest S. DeLaney III Moore & Van Allen PLLC | Charlotte G. Stephen Diab Murchison Taylor & Gibson PLLC | Wilmington Gregory H. Gach Gach & Nolen PLLC | Charlotte William B. Gwyn Jr. Manning, Fulton & Skinner PA | Raleigh Grayson S. Hale K&L Gates LLP | Raleigh William D. Harazin William D. Harazin PLLC | Raleigh Steven A. Hockfield Erdman Hockfield & Leone LLP | Charlotte Stephen D. Hope Moore & Van Allen PLLC | Charlotte Cyrus M. Johnson Jr. Womble Carlyle Sandridge & Rice PLLC | Charlotte Gene A. Jones Jr. Womble Carlyle Sandridge & Rice PLLC | Raleigh G. William Joyner III Kilpatrick Townsend & Stockton LLP | Winston-Salem Robert D. Kidwell Smith Moore Leatherwood LLP | Greensboro Ashe Lockhart Lockhart PLLC | Charlotte Harrison L. Marshall Jr. McGuireWoods LLP | Charlotte William G. McNairy Brooks, Pierce, McLendon, Humphrey & Leonard LLP | Raleigh Stephen H. Morris Essex Richards PA | Charlotte Edward O’Keefe Bank of America Corp. | Charlotte William G. Pappas Parker Poe Adams & Bernstein LLP | Raleigh William S. Patterson Hunton & Williams LLP | Raleigh Vaughn Ramsey Tuggle Duggins & Meschan PA | Greensboro Amiel J. Rossabi Forman Rossabi Black PA | Greensboro Desmond G. Sheridan Isaacson Isaacson Sheridan & Fountain LLP | Greensboro J. Troy Smith Jr. Ward & Smith PA | New Bern Craig A. Taylor Carruthers & Roth PA | Greensboro Reich Welborn Moore & Van Allen PLLC | Morrisville David B. Whelpley Jr. McGuireWoods LLP | Charlotte Robert B. Womble K&L Gates LLP | Raleigh Todd I. Woods Lowe’s Cos. | Mooresville

Legal Elite – Bankruptcy 2011

0

Bankruptcy

GERALD A. “JEB” JEUTTER JR. Gerald A. “Jeb” Jeutter Jr., Attorney at Law PA, Raleigh

I feel the pull to live and practice in Haiti. I was fortunate to be there before and after the earthquake. I’m not under any mistaken belief that I could show the Haitian people how to do it “better,” because in many ways, they understand life and faith better than I do. However, I would like to be available to assist them in any way that I can. I have seen the glint in U.S. Bankruptcy Judge Rich Leonard’s eye as he speaks of his visits to Namibia to help stabilize its court system. Perhaps I could have that same stabilizing effect in Haiti.

Vita: Born May 18, 1961, in Richmond, Va.; bachelor’s from College of William & Mary, law degree from Mississippi College, master’s in law from Georgetown University; wife and three children. Why he chose this field: I took my master’s in securities regulation and moved to Dallas in the late ’80s. That was a time when deals weren’t being built but were being deconstructed. It was a natural shift, and I have enjoyed almost every minute. What he’d be if not a lawyer: I would enjoy pastoral ministry or working for a nonprofit. Memorable case: Midway Airlines. Recent reading: Voluntary Simplicity: Toward a Life That is Outwardly Simple, Inwardly Rich by Duane Elgin. Don’t ask him to: Eat a Brussels sprout or compromise in what I believe.

Find a specialty;

Legal Elite Home Page || Antitrust | Bankruptcy | Business | Construction | Corporate counsel | Criminal | Employment | Environmental | Family | Intellectual property | Litigation | Real estate | Tax/Estate planning | Young guns

Bankruptcy

Gerald A. “Jeb” Jeutter Jr. Gerald A. “Jeb” Jeutter Jr., Attorney at Law PA | Raleigh Lou M. Agosto Wells Fargo & Co. | Charlotte David R. Badger | Charlotte Paul Baynard Rayburn Cooper & Durham PA | Charlotte Stephen L. Beaman Stephen L. Beaman PLLC | Wilson Laura T. Beyer U.S. Bankruptcy Court | Charlotte William E. Brewer The Brewer Law Firm | Raleigh John T. Burns John T. Burns Law Firm | Monroe Algernon L. Butler Jr. Butler & Butler LLP | Wilmington Joseph Newton Callaway Battle, Winslow, Scott & Wiley PA | Rocky Mount Heather W. Culp Mitchell & Culp PLLC | Charlotte Brian D. Darer Parker Poe Adams & Bernstein LLP | Raleigh Albert F. Durham Rayburn Cooper & Durham PA | Charlotte David L. Eades Moore & Van Allen PLLC | Charlotte Paul A. Fanning Ward & Smith PA | Greenville Michael P. Flanagan Ward & Smith PA | Greenville Deborah L. Fletcher Katten Muchin Rosenman LLP | Charlotte David G. Gray Westall, Gray, Connolly & Davis PA | Asheville Kenneth M. Greene Carruthers & Roth PA | Greensboro Joseph W. Grier III Grier Furr & Crisp PA | Charlotte James H. Henderson James H. Henderson PC | Charlotte A. Lee Hogewood III K&L Gates LLP | Raleigh Charles Ivey III Ivey, McClellan, Gatton & Talcott LLP | Greensboro William P. Janvier Janvier Law Firm PLLC | Raleigh R. Keith Johnson R. Keith Johnson PA | Stanley Benjamin Kahn Nexsen Pruet LLC | Greensboro Bradford Leggett Allman Spry Leggett & Crumpler PA | Winston-Salem Richard M. Mitchell Mitchell & Culp PLLC | Charlotte Travis W. Moon Hamilton Moon Stephens Steele & Martin PLLC | Charlotte Jeffrey E. Oleynik Brooks, Pierce, McLendon, Humphrey & Leonard LLP | Greensboro George Mason Oliver Oliver & Friesen PLLC | New Bern Bradley E. Pearce Katten Muchin Rosenman LLP | Charlotte Walter W. Pitt Jr. Bell, Davis & Pitt PA | Winston-Salem J. Wiliam Porter Parker Poe Adams & Bernstein LLP | Charlotte George Sanderson III Ellis & Winters LLP | Cary Travis P. Sasser Sasser Law Firm | Cary David Schilli Robinson, Bradshaw & Hinson PA | Charlotte Wes Schollander Schollander Law Offices | Winston-Salem A. Burton Shuford The Bain Group PLLC | Charlotte Dirk W. Siegmund Ivey, McClellan, Gatton & Talcott LLP | Greensboro Kevin L. Sink Nicholls & Crampton PA | Raleigh John H. Small Brooks, Pierce, McLendon, Humphrey & Leonard LLP | Greensboro William C. Smith Jr. Manning, Fulton & Skinner PA | Raleigh Richard D. Sparkman Richard D. Sparkman & Associates PA | Angier Trawick H. Stubbs Stubbs & Perdue PA | New Bern Lisa P. Sumner Poyner Spruill LLP | Raleigh Gene B. Tarr Blanco Tackabery & Matamoros PA | Winston-Salem Glenn C. Thompson Hamilton Moon Stephens Steele & Martin PLLC | Charlotte Judy D. Thompson JD Thompson Law | Charlotte David M. Warren Poyner Spruill LLP | Raleigh A. Cotten Wright Grier Furr & Crisp PA | Charlotte Richard S. Wright Hamilton Moon Stephens Steele & Martin PLLC | Charlotte N. Hunter Wyche Jr. Wilson & Ratledge PLLC | Raleigh

Legal Elite – Bankruptcy

0

Bankruptcy: Gregory B. Crampton Nicholls & Crampton PA,Raleigh

By Irwin Speizer

Gregory B. Crampton likes to win. A half-dozen times a year, owners of failing businesses come to him for legal help and leave empty-handed. Their companies are so fouled up that he declines to take them on, figuring there is no way the businesses can be reorganized.

That pickiness comes from years of honing his reputation as a bankruptcy lawyer. He usually represents debtors, and he says he has successfully reorganized 85% to 90% of his Chapter 11 cases. “That doesn’t mean I won’t take a case that has a closer edge to it. But when I take it, I know what the edge is and still think we will have an opportunity to reorganize.”

Crampton, 56, thrives on negotiation — to a point. “To be a successful Chapter 11 debtor counsel,” he says, “you need to be able to creatively construct settlement proposals and negotiations, and you also need to be able to draw the line and say, ‘See you in court.’”

His father was an architect who practiced in Washington, D.C., where Crampton was born in 1947. His mother was from North Carolina, and when he was 3, the family moved to Raleigh, where his father ran his own firm. His mother died when he was 6. He later learned that her grandfather, Walter Clark, had been chief justice of the N.C. Supreme Court from 1903 to 1924. From the time he was 8, he was determined to practice law.

At Needham Broughton High School, Crampton was an attentive student and a varsity basketball player. The team included Pete Maravich, who would become the National Collegiate Athletic Association’s Division I career scoring leader and a pro star. One of Crampton’s roles was to throw the ball in to Maravich after the other team scored. He jokes that he probably holds a record for assists.

Crampton wanted a more personal college education than some big schools could provide, so he picked Washington and Lee, a 1,700-student school in Lexington, Va. From there, he went to UNC law school.

After graduating, Crampton clerked for a year for Walter E. Brock, chief judge of the N.C. Court of Appeals, and then took a job with a Raleigh law firm. Determined to specialize in business law, he took classes in accounting and signed up for a bankruptcy seminar given by U.S. Bankruptcy Court Judge Thomas Moore of the Eastern District of North Carolina. A few months later, Moore appointed him trustee in a bankruptcy case involving a Lake Gaston residential real-estate project.

Crampton negotiated the sale of the land to satisfy the banks, but they came up short and demanded that lot buyers who had made down payments pay what was owed on their loans. Crampton took the side of the lot buyers and eventually the banks dropped the demand. That helped establish Crampton as an advocate for debtors. In 1984, he joined a small firm run by Tim Nicholls, which became Nicholls & Crampton. It remains small, with eight lawyers.

Last year, he went up against Thomas W. Waldrep Jr., a bankruptcy lawyer with Bell, Davis & Pitt in Winston-Salem, in the bankruptcy of Winston-Salem-based Precision Concepts, a telecommunications-parts manufacturer. Waldrep represented Bank of America, the biggest creditor, with more than $8 million in loans in default. Crampton urged the bank not to press for liquidation, arguing that a buyer could be found at a higher price than liquidation would bring. The bank held off, and the business was sold as a going concern for $9.5 million. That gave the bank more than it would have received from liquidation and enough to pay off more of the other debts, including some to unsecured creditors who probably would have gotten nothing in a liquidation.

Legal Elite – Antitrust 2011

0

Antitrust

CATHARINE BIGGS ARROWOOD Parker Poe Adams & Bernstein LLP, Raleigh

I’d choose San Antonio. I have spent a great deal of time there. It is a wonderfully diverse and friendly place. And I have a family connection to San Antonio: Micajah Autry is an ancestor from the Sampson County area who died at the Alamo.Vita: Born Nov. 27, 1951, in Lumberton; bachelor’s and law degrees from Wake Forest University; one child. Why she chose this field: When I got out of law school in 1976, the only place that would hire me was the antitrust division of the N.C. Attorney General’s Office. What she’d be if not a lawyer: An opera singer. But I would have to have a vocal-cord transplant. When I was about 7, our Baptist choir director said I could remain in the choir so long as I stood there and moved my mouth with no sound coming out. Memorable case: A trial in federal court in Asheville regarding the loss of the cremated remains of a Florida man. We represented the man’s son against the Asheville funeral home that had been engaged to cremate and ship the remains to Florida for interment. The court allowed a Baptist minister to testify as an expert on grief. We recovered not only compensatory damages but punitive damages — much to the surprise of our experienced local counsel, who had assured us that we would recover not a penny. Passions: Opera, symphony, travel. Recent reading: Andrew Carnegie by David Nasaw. Don’t ask her to: Put up with mean people.

Find a specialty;

Legal Elite Home Page || Antitrust | Bankruptcy | Business | Construction | Corporate counsel | Criminal | Employment | Environmental | Family | Intellectual property | Litigation | Real estate | Tax/Estate planning | Young guns

Antitrust

Catharine B. Arrowood Parker Poe Adams & Bernstein LLP | Raleigh Daniel G. Clodfelter Moore & Van Allen PLLC | Charlotte Alan W. Duncan Smith Moore Leatherwood LLP | Greensboro Jason D. Evans McGuireWoods LLP | Charlotte Richard B. Fennell James, McElroy & Diehl PA | Charlotte James L. Gale Smith Moore Leatherwood LLP | Raleigh John Graybeal Parker Poe Adams & Bernstein LLP | Raleigh Denise Gunter Nelson Mullins Riley & Scarborough LLP | Winston-Salem Jonathon Heyl Smith Moore Leatherwood LLP | Charlotte Henry L. Kitchin Jr. McGuireWoods LLP | Wilmington George L. Little Jr. Kilpatrick Townsend & Stockton LLP | Winston-Salem William C. Mayberry McGuireWoods LLP | Charlotte Larry S. McDevitt Van Winkle, Buck, Wall, Starnes and Davis PA | Asheville Michael T. Medford Manning, Fulton & Skinner PA | Raleigh Pressly Millen Womble Carlyle Sandridge & Rice PLLC | Raleigh Lawrence Moore III Robinson, Bradshaw & Hinson PA | Charlotte John M. Murchison Jr. K&L Gates LLP | Charlotte Rebecca M. Rich Duke University School of Law | Durham George Sanderson III Ellis & Winters LLP | Cary Robert W. Spearman Parker Poe Adams & Bernstein LLP | Raleigh

Legal Elite – Antitrust

0

Antitrust: Rodrick J. Enns Enns & Archer LLP, Winston-Salem

By Kathy Brown

As a kid, Rodrick Enns thought that anyone who wanted to do anything — build a building, start a business, sell a house — needed to ask a lawyer to know how to go about it. “I wanted to be the lawyer. I wanted to be the person who knew all the answers.”

He got his wish. When it comes to antitrust, Enns, 48, is the go-to-guy for answers. Heavyweights such as Wal-Mart trust him to find answers to problems with pricing and trade practices. Through his Winston-Salem firm, Enns & Archer, he focuses on law related to the marketing and distribution of branded products and services. Along with antitrust and trade regulation, he specializes in trademark, copyright and intellectual-property cases.

Throughout his career, Enns has been a litigator. He got comfortable thinking on his feet as a debater in high school and college. While he has tried cases in North Carolina’s Court of Appeals and Supreme Court and in federal courts, he’s still not fearless in the courtroom. “It’s inherently uncontrollable. You can work every waking moment and sweat blood but still never predict what might come out of a witness’ mouth on Tuesday morning. Litigating a case means constantly living in fear and anticipation.”

But those who have seen him in action say the fear doesn’t show. “Rod went after our adversaries as though he was killing snakes,” says S. Leigh Park, a retired senior executive at Santa Fe Natural Tobacco Co., a client of Enns’ that was bought by R.J. Reynolds Tobacco Co. in 2002.

Enns took on the state of Pennsylvania after it began enforcing a law requiring tobacco distributors to be licensed. To get a license, a distributor had to be certified by cigarette manufacturers responsible for at least 40% of the state’s tobacco-product sales. Santa Fe makes cigarettes and acts as its own distributor. The company did not have a large market share, which meant Santa Fe had to get permission from competing manufacturers to get a license.

Santa Fe sued. Enns argued that the statute gave unfair powers to private interests. A Pennsylvania court struck down the law. “Several states passed laws that were detrimental to our business,” Park says. “Rod whipped two states’ attorney generals and was well on his way to whipping a third when we sold the company.”

Born in Kansas but raised in Seattle, Enns went to Harvard Law School without visiting the campus. Twenty minutes after arriving, two suitcases in hand, he met his future wife. She also was a law student, and they dated until graduation.

After graduation, they moved to Denver. “We didn’t want to go work in the traditional high-powered, intense cities,” he says. Four years later, Enns yearned for a milder climate and a smaller city. He and his wife decided to target the Mid-Atlantic region. A driving vacation narrowed the choices to the Carolinas and Virginia.

In 1983, he joined Petree Stockton — now Kilpatrick Stockton. Through the years, Santa Fe had been one of his major clients. Kilpatrick Stockton also represented R.J. Reynolds. When the two companies took different stances on an industry issue, RJR asked Kilpatrick Stockton to stop representing Santa Fe. “I could either lose this client and stay with the firm, or leave and stay with the client,” Enns says.

He chose the client. In 2001, he and Julia Archer, also a Kilpatrick Stockton partner, set up a new firm. That RJR kept Santa Fe a distinct company after buying it enabled them to keep their biggest client. Enns and Archer have kept their practice small. It’s still just the two of them and an office manager.

Investor’s portfolio gets fine tuning

0

People – December 2006

Investor’s portfolio gets fine tuning
By Chris Richter

Real estate is Chris Smith’s area of expertise. He’s president of Charlotte-based Allegiance Realty Corp., which owns about 2.1 million square feet of office space and 1,700 hotel rooms around the U.S.

So what got him to collect about $5 million from investors and sink $1 million of his own money into a local company that produces an educational cartoon? “I brought the videos home to my three boys, and they loved it.”

Danger Rangers, produced by Charlotte-based Educational Adventures, follows animal superheroes that teach playground, fire and other safety lessons. It airs on public TV and also is sold on DVD.

If you can judge an investment by the cachet of those involved, Danger Rangers is a sure bet. Edu-cational Adventures’ president is Steven Rockefeller — yes, those Rockefellers. Among the show’s producers is Howard Kazanjian, who produced Raiders of the Lost Ark and The Empire Strikes Back. Advisers include Glen Charles, co-creator of the TV series Cheers.

But this is a new kind of investment for Smith, who got interested in real estate during his high-school days in Pittsfield, Mass. His father, who was in sales at General Electric, owned some small residential rental properties. Smith earned a bachelor’s in finance from Bentley College in Waltham, Mass., in 1990 and an MBA there in 1992.

In 1994, he and his wife moved to Albuquerque, N.M., where he worked as a tax consultant and real-estate broker. He moved back East in 1996, co-founding American Property Global Partners in Wayne, N.J. Two years later, he moved the company to Charlotte, which he thought would be a better city to raise children. He changed the company’s name to Allegiance in 2004.

Allegiance looks for properties whose poor fortunes weren’t driven by market forces, such as a commercial property that has lost a major tenant, needs maintenance or better marketing. Smith won’t disclose revenue but says the company’s returns on its portfolio are “north of 20%.”

He believes Danger Rangers will have much higher returns because of its licensing potential. There are Danger Rangers coloring books and storybooks, and Smith believes car seats, smoke detectors and other safety products could follow.

Although Educational Adventures is considering video on demand, podcasts and Internet broadcasts, Smith sees value in the PBS brand. “People are attracted to PBS because they know the quality, and it’s educational. You’re going to click to PBS, and you can put your remote down and walk away.”

Ifs, ands or butts

0

Capital Goods – February 2011

Ifs, ands or butts
By Scott Mooneyham

It would be understandable if Hugh Holliman feels a bit like Barack Obama these days. Like the president, his political career suffered in last fall’s election, though his fate was worse than that of his fellow Democrat. The former majority leader of the N.C. House of Representatives was swept from office by the Republican tide that put the GOP in charge of the statehouse. As is the case with the president, his signature political achievement is under fire. But unlike Obama’s health-care plan, the state’s year-old smoking ban in restaurants and bars probably is safe on the legislative front. The new Republican majority has made no noise about trying to undo the ban, championed by Holliman, a lung-cancer survivor from Lexington. The challenge comes in the courts, from lawsuits brought by bar owners.

A judge has rejected health department citations against the owners of four bars in Greenville, meaning they can pretty much ignore the law for now. The judge said lawmakers’ decision to exempt country clubs, clubs run by fraternal organizations and other types of nonprofit private clubs amounted to unequal protection under the law. Another bar owner in Greensboro has chosen to defy the law while appealing a lower-court ruling that went against him. He’s making a similar claim that the law unfairly targets some businesses while letting others slide.

The court challenges echo the complaints when the law was passed. Critics argued that legislators had waded into an issue of private property rights, that the marketplace and personal choice could sort out whether smoking was permitted or prohibited in bars and restaurants. Their arguments resonated in a state where tobacco had been so critical to the economy. Holliman always maintained that the law wasn’t about those things. “It’s about the rights of all North Carolinians to breathe clean air,” he says. Most residents of the Tar Heel State seem to agree. Last summer, after the law had been in effect several months, polls showed roughly two-thirds of likely voters in the state supported the ban. George Beaman, one of the Greenville bar owners trying to stop the new law, says his business dropped nearly 40% after it took effect. But a lot of other restaurant and bar owners apparently haven’t experienced the same kind of declines. Media reports from across the state quote restaurant and bar owners who say most of their patrons are happy about the change, even if some smokers remain miffed.

It’s worth remembering that Holliman’s bill was defeated twice — in 2005 and 2007 — before passing in 2009. Attitudes may have changed, but North Carolina is still the state where tobacco money built universities and where the tobacco industry was once a major employer. Just five years ago, smokers still lit up in the hallways and atriums in the Legislative Building. The lingering importance of the leaf factored into those earlier defeats, with legislators from eastern counties arguing that the state shouldn’t do anything to damage a legal product that remains a critical cog in the rural economy.

At one point, Rep. Jerry Dockham, a Republican who like Holliman lives in Davidson County, talked of filing a bill to repeal the ban. Even then, he acknowledged that success wasn’t likely. More recently, he and other Republican legislators have said no groundswell exists to revisit the issue. Legislators of both parties see which way the wind, as well as the smoke, is blowing. Even with the power shift, most lawmakers aren’t going to want to buck public sentiment.

The courts, of course, are another matter. In the Greenville case, Superior Court Judge G. Galen Braddy said enforcement was arbitrary, noting that the law set up invalid distinctions. The Pitt County Health Department is appealing the ruling. In Greensboro, bar owner Don Liebes tacked “Country Club” to the name of his Gate City Billiards to try to get around the law. Fighting Guilford County Health Department citations, he initially argued that a country club wasn’t defined by the law. Later, his lawyer argued that the law contained no rational basis to distinguish between private and nonprofit clubs, pointing out that secondhand smoke was the same in either place. Superior Court Judge Jan Samet didn’t buy the arguments, siding with the county and its enforcement officers.

So opponents and proponents, smokers and nonsmokers, end up with contrasting rulings decided largely on the same arguments. Over the next year or so, North Carolina’s appellate courts will sort out whether the lines in the law were drawn in the appropriate places, whether the smoke stops at the doors when it comes to bars and restaurants. A signature political achievement will stand or fall.

Scott Mooneyham is the editor of The Insider, www.ncinsider.com.

Hunt takes a look back at the future

0

Capital – January 2004

Hunt takes a look back at the future
By Ned Cline

Jim Hunt can stand behind his desk on the 21st floor of a downtown Raleigh office tower and gaze into what was once his domain. His office with the law firm of Womble Carlyle Sandridge & Rice overlooks the Capitol and the Legislative Building. For 20 years — 16 as governor and, before that, four as lieutenant governor (under a Republican governor) — Democrat Hunt reigned over those buildings and much of what went on inside them.

The view from his office is no accident. The fact that Hunt has been out of office three years does not mean he has surrendered influence over what happens in North Carolina and across the country, especially in the realm of education. Always driven, there is no quit in him.

But at age 66, with his once famously thick black hair gray and thinning and a slight stoop in his gait, he has become reflective about his public successes and shortcomings. For example, he laments not doing enough to find better, faster solutions to the state’s environmental problems.

“I wish I had worked harder on preserving our environment. I think I worked pretty hard in the last few years in office, but if I could do it over again I would have pushed harder from the very beginning. I wish we had preserved more green space. You can’t have too much parkland, and you can’t do too much to preserve our beaches. I should have done more.”

He also concedes that legislators — with his blessing — cut too many taxes during the flush economy of the ’90s, a move that proved politically popular but turned out to be financially unsound. “We cut the sales tax on food, and that cost the state hundreds of millions” — while saving many families less than a dollar a week.

“We cut a whole bunch [of taxes], taking big whacks out. We thought we were doing the right thing and could cut and not miss it. And then the bubble burst. We need to learn from that. I am sensitive to overtaxing, but we should not fail to make essential investments in programs that help us succeed. Businesses do that, and governments need to do that, too.”

The time has come, he says, to find new sources of revenue. “I am now concerned that so many people are saying they’re not going to increase any kind of taxes or fees and they don’t care what happens to [the state]. That’s wrong. It is time to look at some increases in revenues. The legislature isn’t about to add the sales tax back on food, but if growth is not giving you enough to meet the needs, then you have to look at something else.”

He suggests looking at what he calls “visitor” fees — taxes on hotel/motel bills and other things visitors pay while in the state. “We’re getting a lot less than most states on those kinds of things,” he says. And without specifically calling for new levies on tobacco products and alcoholic beverages, he concedes that they’re an option lawmakers should consider.

“I’ll let someone else decide what is the best source, but we should not [again] make the mistake of becoming so cautious that we don’t make the necessary investment that we must have to meet the needs.” Those needs, he says, include more money for early childhood educational development. The state, he says, ought to double its investment in such programs. Both he and Gov. Mike Easley have been unwavering advocates of these efforts.

Hunt, incidentally, gives his successor high marks for his recent efforts — after a slow start — at promoting economic development. Recruiting industry was always high on Hunt’s agenda, and Easley has been criticized for not doing enough. “He has learned a lot about this and is making progress, but you have to remember he came out of the attorney general’s office where that wasn’t part of his job, and he had all those budget problems to deal with. He and I talk often about this, and if he is re-elected, as I hope, the state will do well in this area. He is getting better and better.”

Hunt insists he is out of politics for good — as a candidate — but will continue to work for those who fit his philosophy. “I consider myself a pro-education and pro-business Democrat and will support those who fit that role regardless of political party. I have no use for extremist candidates, either in my party or the other one.” He’ll back Easley for governor and Erskine Bowles for the U.S. Senate.

It’s time, he says, to put the issue of a state lottery on the ballot. “I have never liked a lottery, but we have allowed people to vote on other topics, and I say let the people vote on this. It’s not a cinch that it would pass. It may be unfortunate public policy to have a lottery, but it is not unfortunate policy to allow the people to vote.”

Hunt also would like to see changes in the 30-year-old structure of the University of North Carolina Board of Governors. “It’s time to look at it, but not to dismantle the system. That would hurt UNC Chapel Hill and N.C. State because the other schools would have more collective power than those two alone. But I do think the governor ought to have some of the appointments to that board.” Under the present structure, the General Assembly appoints the board’s 32 members.

Since leaving the governor’s office, he has used his energy and initiative to create the James B. Hunt Jr. Institute for Educational Leadership and Policy, a national school-leadership project that is part of UNC General Administration and housed near the Friday Center in Chapel Hill. Funded with private money, its goal is to help elected leaders nationwide, starting with governors, learn what they can do to make schools work better. It is the latest chapter in Hunt’s dogged effort to improve public education, starting before kindergarten.

The center, he says, is proving its worth. After he made a presentation on it to the Seattle-based Bill and Melinda Gates Foundation, the Microsoft founder and his wife donated $11 million to improve high schools in this state.

“I have seen many good things happen in education, especially in North Carolina, and I’ve seen some leaders who were pretty ineffective in making changes and making schools work. [The institute] works at what I call the intersection of politics and policy. We are focusing on elected leaders who can make public policy and get funding for it. I’m as happy as I’ve ever been and feel as fulfilled as I have ever felt. This work needs to be done.”

He practices what he preaches about early education. When his 16-month-old granddaughter visits his home on a farm in Wilson County, he spends time at the breakfast table reading to her, as he has his other grandchildren, before going to work. “That can make a difference,” he says. “You can see it in a child’s eyes.” That’s when Hunt’s eyes also brighten up. When he speaks as a grandfather, his reality quotient, always high, gets even higher.

Horning into ethical dilemmas

0

Fine Print – February 2011

Horning into ethical dilemmas
By G.D. Gearino

In mid-December, as Christmas 2010 loomed and the values of the season were on full display, The Charlotte Observer intruded upon the happy jingle of the cash register to pose a bona fide spiritual conversation starter. Is it time, the Observer asked, for the banking industry to stop focusing exclusively on what’s legal and start thinking about what’s moral and ethical? That’s a fine question, actually, and a treacherous one, too. Any conversation starting with that query can spin off into all kinds of uncomfortable directions with the smallest of nudges. Naturally, I’m the man to give it one.

In one sense, the Observer’s question — framed this way: How do Charlotte’s many church-going, God-fearing banking executives square their faith with their industry’s recent business practices? — was rhetorical. The answer is, they can’t. Jesus had very well-articulated views about wealth, lending and money-changers. None were favorable. Instead, what the Observer seemed to want to know is whether North Carolina’s bankers now have second thoughts about such things as the aggressive promotion of mortgage loans that required little income verification and the subsequent bundling of those loans into securities whose radioactivity eventually caused a financial market meltdown. Again, the answer is obvious: Sure, who wouldn’t now have second thoughts?

But before we wander off in other directions, there are two points to be made. First, remember that law and regulation have a way of crowding out ethical considerations. Rules tend to replace values. Take the federal tax code for example: Citizens have an ethical responsibility to pay their taxes, but the size and detail of the tax code practically demands that you game the system to your advantage. The banking and securities industry is subject to much regulation, but those rules are largely designed to foster transparency and equal access to information. Within the rules, competition, even ruthlessness, is encouraged. Second, remember that ethics in banking tend to be situational rather than fundamental. If there had been no real-estate crash, or had it been much less dramatic, would those subprime loans and mortgage-backed securities still have been ethically questionable? If both borrower and lender come out of a liar’s loan transaction OK, is there still an ethical lapse?

Yeah, I know: This is all theoretical and argumentative. It’s like debating whether the running of a red light in the middle of the night with no traffic around still constitutes a crime. Instead, now that the subject of ethics is on the table for discussion, let’s consider some real-life lapses.

For instance, consider the findings of a recent study by NC Policy Watch that examined sales of lottery tickets in North Carolina and identified the counties with the highest per-capita sales (for another look at the lottery, see page 22). It turns out that there’s an almost perfect correlation between poverty and lottery purchases. Of the 24 most impoverished counties in the state, only two bought lottery tickets at a rate below the state’s per capita average. The other 22 were above — and in most cases, well above. In short, the most reliable customers for the state’s legal gambling racket are the poorest among us. The people who can least afford it are the ones most prone to believe the state’s pie-in-the-sky claim that riches are within their grasp. Want to have a discussion about the ethics of that? Too bad. Lottery officials studiously avoid collecting any demographic information that might tell them exactly who is buying tickets. And if you want to add a little extra oomph to your outrage, NC Policy Watch also notes that the percentage of lottery money that goes to education (which is, after all, its reason for being) has been reduced so that more can be spent on marketing and prizes.

Then there’s the case of Raleigh lawyer Johnny Gaskins, who made his living defending killers, drug dealers and other assorted lowlifes. Many of his clients paid his fees in cash, and Gaskins kept much of it in a safe in his home. But at some point, nervous about having so much money around the house, he deposited it in the bank — in smallish chunks, in different banks. Gaskins had declared the money as income and paid taxes on it. Still, a little over a year ago, federal prosecutors succeeded in convicting him on a charge of structuring his bank deposits to avoid the attention of the Internal Revenue Service (to whom he had already reported the money). That’s known as a “derivative crime,” a charge to be piled on top of a grander prosecution. But there was no other charge. That’s all prosecutors had: Gaskins was peculiar in how he handled the money he had earned legally and paid taxes on. Did I mention he represented the kind of clients cops and prosecutors particularly loathe? Anybody want to address the ethics of that exercise in justice?

More? All right, think about this for a moment. In late December, the General Accountability Office declared that the federal 2010 “consolidated financial statement” — which is to say, our federal budget — was such a mess that it cannot be verified. Our government literally cannot explain where our money goes. Worse yet, a GAO spokesman told the Philadelphia Inquirer this is not an unusual turn of events: It’s happened at least 10 years in a row. Keep that in mind the next time some huge government program is sold to us as an ethically necessary betterment of society.

His business is based on dollars and scents

0

People – January 2004

His business is based on dollars and scents

Victor Taylor’s earliest memories are of his great-grandmother making soap on the family farm near Candler after the Thanksgiving hog killing. As an adult, nostalgia washed over him. He wanted his son and daughter to experience their family heritage.

Recreating the past meant buying pig fat from a butcher — Taylor thought the kids would get the idea without him having to slaughter a hog — melting the fat over a fire in a cast-iron kettle and mixing it with lye. The family poured the mixture into pans, let it dry, then cracked it with spoons to form bars of soap. That was 10 years ago. Today Taylor’s company, Asheville-based Appalachian Natural Soaps Inc., makes 3,700 bars of soap a week in 18 aromas. They are stocked in nearly 400 shops around the country.

Taylor, 42, got an associate’s degree in culinary arts from Asheville-Buncombe Technical Community College in 1981 and went to work for the Biltmore Estate as a cook. By 1993, he was Biltmore’s director of meeting-and-convention sales. He wasn’t looking for a new job when he revived his family’s soap-making tradition.

But when he tried the recipe, friends raved about the soaps. On a whim, Taylor and his wife Pam put labels on the 4.5-ounce bars and took some over to T.S. Morrison & Co., Asheville’s oldest store, which ordered 30 and sold them within two weeks. That encouraged Taylor to peddle the soaps at craft fairs on weekends. The bars attracted wholesale customers. Taylor snagged retail customers when he started making sales calls at specialty gift shops around the state. Soon he had drummed up enough business to quit his job at the Biltmore.

Taylor won’t reveal revenue but says the company is profitable and has had annual growth of 30% to 70% the past five years. Bars sell for about $5. Appalachian Natural has seven employees — all family members — who still make the soap by hand.

Through the Internet, Taylor imports ingredients such as cocoa butter from South Africa. Early on, Pam Taylor sought advice from her high-school chemistry teacher about how to combine various oils to develop different aromas. The 18 scents include lavender, almond-honey-oatmeal and rosemary-lemon-poppy seed. The company also makes lip balm, body powder and a salt scrub. It is developing a natural deodorant.

“We stay away from artificial fragrances,” Taylor says. “It’s our pledge not to put anything on your body that you wouldn’t put in it.” Taylor claims no one has had an allergic reaction to any of the products. And animal lovers need not worry: “We wouldn’t know how to do animal testing if we wanted to,” Taylor says. “Unless you count our cocker spaniel, who used to like to eat the oatmeal-soap mixture.