Get Ready To Frenzy!

By Michele Livingstone

Around 1 in 4 children are food insecure in North Carolina, and over 1.5 million people, from children to seniors, are food insecure. The NCBA YLD’s Legal Feeding Frenzy is an opportunity for the legal community to come together to fight hunger in your local communities. Running for the month of March, Legal Feeding Frenzy is a month-long food and funds drive competition to see who can raise the most food per employee to benefit local Feeding the Carolina food banks. Law firms, solo practitioners, law schools, and corporate counsel are all encouraged to participate. By donating to the food banks, your dollars go further. Every dollar helps provide five meals. ($1 = 5 meals). Get your team together today! Registration is now live here.

Want to volunteer?  Join us at our kickoff event on Feb. 28 from 1 to 3 p.m. at the local food bank in Raleigh (Food Bank of Central & Eastern North Carolina, 1924 Capital Blvd., Raleigh, NC, 27604) to help kick off the competition. One hundred (100) pounds of food will be awarded as a bonus to each team that has an attendee at the Kickoff Event on Feb. 28. Please contact Erin Ball at [email protected] to reserve space for you and your firm.

Interested in volunteering, but not in Raleigh? If your firm is interested in coordinating a volunteer event, we can help with that, too. Two hundred (200) pounds of food will be awarded as a bonus to each team that arranges an event for their firm at their local food bank during the month of March. Contact Erin Ball at [email protected] for assistance in planning and to receive credit for your participation.

After March 1, visit NC Legal Feeding Frenzy to donate and keep an eye on your competition.

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CFIUS Finalizes Rules Reforming Foreign Investment Reviews

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This article has been republished with permission from King & Spalding.

Focus on Technology, Infrastructure, Data and Real Estate

On February 13, 2020, two Final Rules issued by the Committee on Foreign Investment in the United States’ (“CFIUS”) implementing most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) became effective. CFIUS, an interagency committee, reviews foreign investments in U.S. businesses and real estate and determines whether transactions should be unwound, blocked, or restricted due to national security concerns. FIRRMA is the first major expansion to CFIUS’ powers in a decade.

One Rule expands CFIUS’ jurisdiction to review certain non-controlling foreign investments in U.S. businesses involving critical technology, critical infrastructure, and sensitive personal data (“TID businesses”) (“U.S. Business Rule”). The other Rule expands CFIUS’ jurisdiction to review certain foreign investments in U.S. real estate (“Real Estate Rule”).

The Rules create narrow exceptions for certain Australian, Canadian, and UK investors. They indicate that CFIUS anticipates future rulemakings to create CFIUS filing fees and to increase CFIUS enforcement.

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2019 Legislative Summary – A Resource for Education Attorneys

By Brian Gwyn

The Legislative Analysis Division of the General Assembly has now published its annual Summaries of Substantive Ratified Legislation for 2019. This publication includes:

by subject area, summaries for the final edition of all substantive legislation of general applicability and certain local legislation having general import. The summaries are prepared by the nonpartisan legislative staff and do not constitute an official statement of legislative intent.

The summaries include session laws as well as ratified legislation. Chaptered session laws (i.e. SL 2019-51) have the force of law, but if the bill was only ratified, that means it passed both chambers of the General Assembly but did not receive approval of the Governor (and the Governor’s veto was not overridden).

Summaries can be viewed individually or together by subject area.

A link to the summaries specifically related to education may be found here.

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Weekly Roundup: Interesting Reads for GPS Members

“Don’t Forget the States.” By Kathryn Watts, Feb. 5, 2020, Administrative Law Jotwell. From the Article: “Largely missing from this scholarly discourse, however, has been a focus on the important role that the states can and have played in both furthering—and counteracting—presidential administration. In her forthcoming article titled Administrative States: Beyond Presidential Administration, Professor Jessica Bulman-Pozen seeks to remedy this scholarly void. Specifically, Professor Bulman-Pozen seeks to bring the states into the modern day account of presidential administration.”

“Planning Boards Inclusion Report.” By Allen Buansi, UNC Center for Civil Rights. From the Report: “There are 100 counties in North Carolina, and 92 of those counties have planning boards. The Center was able to interview with staff from 85 of the 92 counties. This report focused on the following three aspects of county planning boards: (1) powers and duties, (2) member selection procedures; and (3) racial, ethnic and gender representation.”

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Appellate Update

By Joe Murray

The court opinions have been sparse lately, and none of them are earth shattering. But here they are:

Davis v. NC Dep’t of Health & Hum. Servs., No. COA19-449 (N.C. App. Dec. 17, 2019) (unpublished) (Human Resources Act): DHHS terminated Davis for manually lifting a patient from his wheelchair to his bed in violation of specific medical orders. While Davis’s actions provide the just cause needed for discipline, DHHS previously suspended a similarly situated employee for the same conduct. Due to the different treatment of similarly situated employees, the court of appeals upheld the ALJ’s ruling to reinstate Davis and suspend her for two days.

Brown v. Fayetteville State Univ., No. COA19-13 (N.C. App. Jan. 7, 2020) (Human Resources Act): The court of appeals holds that the after-acquired-evidence doctrine first announced in McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 (1995), may be used in contested cases under the Human Resources Act. The McKennon rule does not eliminate liability; it only limits the remedy of an employee who was wrongfully discharged.

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MacCord’s List: IP News & Notices From Art MacCord

Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:

NCBA IPL Section Blog News Blasts for Feb. 11, 2020

U.S. Patent and Trademark Office releases policy statement on standards-essential patents subject to voluntary F/RAND commitments.

The U.S. Copyright Office will host its seventh public modernization webinar on Wednesday, Feb. 26, 2020, at 12 p.m. eastern time.

 

 

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Join Us for The Sixth Annual MIP Minority Pre-Law Conference

By LaToya Powell

On Saturday, March 21, 2020, the Minorities in the Profession Committee (“MIP”) of the North Carolina Bar Association will host the 6th Annual Minority Pre-Law Conference: “Putting the Pieces Together: Is Law School the Right Fit?” This year’s conference will take place from 8:30 a.m. until 3 p.m. at Duke University School of Law in Durham, North Carolina and will feature a keynote address from Duke Law alumnus and Durham County District Attorney, the Honorable Satana Deberry. The program is open to all minority middle school, high school, and college students, who are interested in attending law school.  And, most importantly, it’s FREE!

What is the MIP Minority Pre-Law Conference?

The MIP Minority Pre-Law Conference is a program designed to empower minority students with the knowledge and tools necessary to successfully navigate the journey of becoming a lawyer. Despite the increasing focus on diversity and inclusion in the legal profession, law remains the least diverse profession in the nation. Students from underrepresented backgrounds may not have lawyers in their families or communities, which makes it difficult to see oneself as a lawyer. The lack of insight about the application process, LSAT, and financial aid also may deter some students. The Minority Pre-Law Conference provides students with valuable information, resources, and contacts to help them better understand their options and overcome these obstacles.

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Shielding Fraud Judgments from Discharge: Making your Case Before the Petition Date

By Cole Hayes

Your client bought into an existing business after reviewing the books, which showed a six-figure net revenue. He was shown letters of intent from eight new customers promising to double that figure in a year. Unfortunately, it was all a sham; the business had not actually turned a profit since 2015. Your client has a slam dunk fraud claim and will easily be awarded punitive damages.

After negotiating a substantial contingency fee, you plead every cause of action you can come up with: breach of contract, fraud, unfair and deceptive practices, negligence, negligent misrepresentation, breach of fiduciary duty, etc. You collect dozens of boxes of documentary evidence, depose former employees, the defendant, his wife, and the manager of the casino in Atlantic City where they blew your client’s “investment” playing craps.

After the defendant knocked out a few of your claims prior to the trial, opening arguments begin. Two weeks of testimony later, you are sitting with a coy smile as the superior court judge reads the pattern jury instructions to the twelve good folks who will certainly see through the defendant’s fairy-tale and award your client a hefty judgment. They do, of course, and after just three minutes.

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Baseball, Beer, and Brats

By Reid McGraw

Join your friends of the Workers’ Compensation Section for a baseball blast on April 23, 2020 in Greensboro.

Baseball, beer, and brats. Or, barbecue if you prefer a different alliteration. Nothing speaks the rite of passage into spring or summer quite like those delicious items. When combined with the company of good friends from the Workers’ Compensation Section of the Bar, the recipe is perfect; or at least it was last spring when we gathered for fellowship at BB&T baseball field in Charlotte for a Knights game. My crew arrived early, as I enjoy the pregame rituals of baseball. And we wanted to make sure to sample the wares of bar and buffet early and often. The beer was cold (and there were several craft offerings), and the food tasty. In addition to the traditional barbecue and brats, there were wings and a taco bar. Literally, something for everyone. And did I mention the beer was cold and good?

The home team won, yet that was not the point. None of my girls caught a foul ball, although a couple of them did scurry away from a few. My family had a delightful time, and by all appearances, so did the others who joined us for the evening. Some of our colleagues even offered the outing as a little recreational time for their staff. A good time for all.

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My Wellness Journey

By Kristin D. Mitcham

Prior to law school, I was the epitome of a healthy person. I ate right, I exercised almost every day, I slept well, and I was well hydrated. I ate all the colors of the rainbow with mostly a plant-based diet and with very little, if any, meat or dairy. I drank about a hundred ounces of water every day, I never drank coffee, and I very rarely drank soda. My vitals were excellent, with no problems with cholesterol, heart rate, or blood pressure. I exercised at least six days a week. I ran, lifted weights, swam, or practiced yoga. I loved my running community, and I participated in several long-distance races, including several triathlons, and a marathon.

During the first year of law school, a group of other law students and I would go on weekly runs, but all other aspects of my healthy lifestyle quickly went to the back burner. I needed caffeine to keep me focused on the hours upon hours of reading needed for class. I started skipping workouts to make time for projects and homework. Further, I would eat anything that was put in front of me because I did not have time to plan for meals or to cook.

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