Employees with disabilities face a dilemma when a requested accommodation for their disability is denied by management. Many employees will feel demoralized or offended at the rejection of a request for an accommodation, which they believe to be medically necessary because of their physical or mental limitations. In this space, however, for employees to successfully preserve their rights under the Americans with Disabilities Act (“ADA”), employees and their counsel must be mindful of the employees’ responsibilities to engage in the interactive process before filing a lawsuit, particularly in light of an increasing number of district court opinions in the Fourth Circuit dismissing an employee’s claim where the employee was found to have caused the interactive process to break down.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Laborhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLabor2018-11-12 10:33:202018-11-12 10:59:10Employee Duties in the Interactive Process: Recent Opinions within the Fourth Circuit
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2018-11-09 15:32:462018-11-13 13:24:34November E-Blast: Construction Law For YLD, Legal Feeding Frenzy, Law Student Outreach and More
In cooperation with the North Carolina Center for the Advancement of Teaching (NCCAT), this program will explore the responsibilities and rights of educators in North Carolina. We also will examine laws regarding issues in education and explore laws that protect the rights of teachers, parents, students, administrators and school staff.
What: Project LIFT (Law Institute For Teachers) When: March 22-23, 2019 Where: 276 NCCAT Drive, Cullowhee, NC 28723
Click here for application instructions and more info.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-11-08 12:52:392018-11-12 10:40:48Mark Your Calendars For LIFT March 22-23
Transfer restrictions in operating agreements serve an important function in assuring that the members of limited liability companies (“LLCs”) are able to control the admission and withdrawal of their fellow members. Members view these controls as fundamental to the business relationship, as they do not want to be forced into business with an unknown party without their consent. Indeed, the right to freely choose with whom to associate is enshrined in the U.S. Constitution.[1] However, the ability of members to approve or deny membership to others can be challenged in the context of an involuntary assignment by a fellow member’s bankruptcy estate to a creditor under the Bankruptcy Code (the “Code”).
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.pngBusiness2018-11-08 12:45:272018-11-08 12:42:02Involuntary Transfer Considerations for Operating Agreements in Bankruptcy
As chairs of the North Carolina Bar Associaton’s Professional Wellness Committee, we want to share an important resource created by the ABA earlier this year – the Well-being Toolkit for Lawyers and Legal Employers. In 2017, the ABA’s National Task Force on Lawyer Well-being shared a report noting that many lawyers across the United States juggle mental health and substance use disorders all the while managing demanding caseloads.
While the report spotlights troubling realities in the profession, I suspect few of us are surprised by the findings. With that in mind, whether you are a solo practitioner ready to set healthy parameters in your office or a large employer needing to refine the workplace culture, be sure to check out the Well-Being Toolkit for Lawyers and Legal Employers as well as the toolkit’s “Nutshell” tip sheet. Both resources offer helpful tools and guidance essential to assisting lawyers thrive in the workplace which promotes optimum client service and better working relationships with colleagues. Invest some time exploring these resources in order to protect yourself as well as the well-being of your personnel. You’ll be glad you did.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-11-08 10:26:442018-11-08 10:29:41Find Help In the ABA's Well-being Toolkit for Lawyers and Legal Employers
Termination of Parental Rights, COA18-290, Oct. 16, 2018, In re D.A., Forsyth County
Respondent-Mother and Respondent-Father both appealed the trial court’s order terminating their parental rights. Both parties’ attorneys filed “no-merit” briefs with the Court of Appeals pursuant to Rule 3.1(d). Respondent-Mother’s attorney complied with all requirements of Rule 3.1(d), including sending Respondent-Mother complete copies of the record on appeal, the trial transcript, and informing Respondent-Mother of her right to file a pro se brief. Since Respondent-Mother failed to file a pro se brief, her appeal is dismissed.
In his “no-merit” brief, Respondent-Father’s attorney acknowledged his inability to locate or otherwise communicate with Respondent-Father. Respondent-Father refused to testify to his address at trial, and his attorney was unable to locate him post-trial. As a result, Respondent-Father’s attorney was unable to fully comply with Rule 3.1(d), including sending Respondent-Father the record on appeal, trial transcript, or informing him of his right to file a pro se brief. These facts present an issue of first impression for the Court: interpreting the mandatory language of Rule 3.1(d) when a client refuses to inform his attorney of his whereabouts, hindering his attorney’s ability to comply with Rule 3.1(d). Here, Respondent-Father’s attorney was “constructively discharged”; however, given the constitutional rights at issue in a TPR case, these situations must be analyzed on a case-by-case basis. Due to the “exhaustive efforts” made by this attorney, it is appropriate to invoke Rule 2 to suspend the mandatory service requirement in Rule 3.1(d). And, since Respondent-Father did not file a pro se brief, his appeal is dismissed.
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.pngFamilyLaw2018-11-06 22:41:242018-11-07 10:57:54NC COA Case Summary: Termination of Parental Rights, In re D.A.
When people hear the term “content marketing,” they immediately think of blogging. For most busy lawyers, the prospect of fitting blogging into an already packed schedule is daunting: How many topics can possibly fill a 1,000-word blog post? How can you keep your content interesting before the well runs dry? And, above all, how are you supposed to make time to keep up with your online presence when you already have a full plate?
Although blogging is indeed a highly effective content marketing method, it’s not the only one. In fact, the concept of content marketing long predates blogs. Today, it takes on a sundry of shapes and forms.
What is so beneficial about content marketing is that it allows ample room for creativity and innovation. At the heart of content marketing is telling a compelling story; the medium you choose in which to do this means little. What matters most is the content that fills the pages, the impact it has on your customers, and the relationships it ultimately cultivates.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SmallFirmandTechhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSmallFirmandTech2018-11-06 22:30:252018-11-06 22:30:25Five Content Marketing Methods That Go Beyond Blogging
On October 19 the IRS issued proposed regulations and a revenue ruling about opportunity zones, which are an important tax incentive program in the major tax legislation enacted late last year. Although the guidance addresses many important issues, the IRS intends to issue further guidance on additional issues.
The opportunity zone program encourages investments in economically distressed qualified opportunity zones by allowing taxpayers to defer, and in some cases reduce or eliminate, tax on capital gains when they reinvest their gains within 180 days in qualified opportunity funds (“QOFs”). Opportunity zones are receiving a great deal of attention because of significant tax advantages.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00TAXhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngTAX2018-11-06 14:02:322018-11-06 14:04:04Qualified Opportunity Zones
The YLD is pleased to announce a new series of events to benefit the North Carolina Bar Foundation. This Bar year, the YLD and NCBF are partnering to host events across North Carolina from the mountains to the coast. These events are an opportunity to bring together area YLD and NCBA members – their family and friends – at local breweries for fun, fellowship and philanthropy.
The YLD has long been the volunteer force behind the Foundation’s pro bono and public service programs. The NC Bar Foundation would like to thank the YLD for their ongoing support and share how the outreach of the YLD is impacting the people and communities of North Carolina. While Brewing for the Greater Good in Wilmington, we would like to spotlight the work we are doing for NC Disaster Legal Services – assisting those impacted by Hurricane Florence; Lawyers for Literacy – a hands-on approach to early childhood reading; and ways the legal profession, collectively, can bolster the Foundation’s impact. There is great work happening – and more to be done.
Take time out of your day to relax and unwind with the YLD: Brewing for the Greater Good to benefit the NCBF.
YLD: Brewing for the Greater Good to benefit the NCBF will be on tap in a city near you. Please look for more information regarding events in Asheville, Charlotte and Greensboro.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-11-06 09:56:152018-11-08 14:56:00The YLD: Brewing For the Greater Good To Benefit the NCBF
It is easy in today’s political and cultural environment to feel overwhelmed and completely helpless to affect any change. Conflict abounds. In a society focused on retributive justice, where traditional litigation approaches are the norm, advocating options for conflict resolution that fall on the alternative dispute resolution spectrum can often feel counter cultural. At times and among certain audiences, suggesting the collaborative law process is perceived as radical. Notwithstanding the inordinate amount of time, energy and effort that John Sarratt and the Board of Directors of the North Carolina Civil Collaborative Law Association (NCCCLA) have spent educating about and advocating for the use of the collaborative law approach in any civil dispute, I am still often on the receiving end of blank stares, quizzical looks, and frowns when I discuss the collaborative law process with other lawyers and clients. When this happens, it is easy to become discouraged, and the lawyerly ability to over analyze kicks into high gear. I worry that other litigators and even clients will perceive me as weak when I suggest alternative dispute resolution options rather than traditional litigation. At times, I wonder whether my zeal for conflict resolution has come on too strong. Then I remember those magical moments that fuel my passion for ADR …
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