Administrative Law on and off-road – a Welcome from Chair Melissa Lassiter

By Melissa Owens Lassiter

My name is Melissa Owens Lassiter, and I am honored to serve as the Chair of our Administrative Law Section for the 2020-2021 year. It is my distinct pleasure to serve alongside Nahale Kalfas as Vice-Chair, Bain Jones as Secretary, and Fred Moreno as Treasurer.

The past few months have been quite dynamic and unpredictable given the COVID-19 pandemic. While some have demonstrated a desire for decreased governmental regulation, others have striven for more streamlined, yet less formal proceedings for resolving disputes between the citizenry and governmental entities. We appear to be at a crossroads of the future of the administrative process.

In the current environment, the courts have frequently afforded governmental agencies large latitude when acting “in the public interest.” Public policy has been at the forefront of recent court analysis in many cases. A movement toward greater deference to the state seems inevitable if the trend toward less formal and detailed proceedings continues.

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2020 Basics of Business Law Early Bird Registration Discount

By Ritchie Taylor, CLE Chair of the NCBA Business Law Section 

Don’t miss the early bird discounted registration fee of $255 for the 2020 Basics of Business Law CLE to be held on Friday, October 2, 2020, from 8 a.m. to 4:20 p.m.

This year’s program will be held via live webcast, giving participants the ability to participate from anywhere.

 

 

Included Sessions

  • Legal Entity Choice
  • Organizing and Operating a Corporation
  • It’s Just Tax
  • Overview of Intellectual Property Law
  • The Deal Hike
  • Basics of a Private Placement
  • Employment Law
  • Conflicts, Claims and Common Concerns for Business Law Practitioners (Ethics)

For the full agenda and registration information, please visit https://cle.ncbar.org/courses/23446.

Important Voting Information: View a Sample Ballot Lookup Tool and Volunteer at the Polls

By Alicia Mitchell-Mercer

As the U.S. general election draws near, here are a few tips for preparing for election day and volunteering if you want to work at the polls.

Important Dates

Election Day is Tuesday, November 3, 2020. The deadline to register online to vote is Friday, October 9, 2020. The deadline for registering by mail to vote is Friday, October 9, 2020 (registration must be postmarked by this date). The deadline to register in person to vote is Friday, October 9, 2020.

After the regular voter registration deadline of Friday, October 9, 2020, you can register and vote in person at one-stop sites during the early voting period, which runs from Thursday, October 15, 2020 to Saturday, October 31, 2020. Read more

A Message from the Communications Chair of the NCBA Business Law Section

By Andrew Steffensen, Business Law Section Communications Chair

Dear Members of the Business Law Section:

As many of you are aware, the Business Law Section maintains a blog that allows members of the Section, as well as other contributors, to post articles that might be relevant to the members of the Business Law Section. As we move through the early stages of the 2020-2021 bar year, I would like to encourage all members of the Section to consider contributing content to the Business Law Section blog. The Section’s blog has been very successful, and we hope to continue that success through this bar year.

I would also like to encourage members of the Business Law Section to consider serving on the board of editors for the Section blog. Members of the board of editors are responsible for generating new content and articles for the blog on a rotating basis. Serving on the board of editors is a great opportunity to provide meaningful content to fellow members of the Business Law Section and help further the success of the blog. Please reach out to me directly if you are interested in contributing content to the Business Law Section blog, or if you are interested in serving on the board of editors.

Upcoming Virtual Sticks-and-Bricks CLE Program Hosted by the Construction Law Section

By Daniel J. Knight

Dear Section Members,

The NCBA Construction Law Section is hosting a day-and-a-half long CLE on September 24 and 25, 2020. Not immune to the effects of the ongoing public health crisis, this year’s CLE will take place virtually from the comfort of your office, your home, your backyard, or even a beach. Just in case you are wondering, yes, the dress code for this year’s event is “casual.”

All joking aside, this year’s CLE is a sticks-and-bricks presentation, focusing on developing a thorough understanding of the basis for the claims we, as construction attorneys, deal with on a daily basis. Segments include zoning and land use regulations, project scheduling, building envelopes, the design process, structural engineering and civil engineering. Attendees will also hear about legislative updates impacting the construction industry and learn about current trends and hot topics in the industry. Finally, for those still in need of ethics hours, this year’s CLE has been approved for 1.0 hour of Ethics/Professional Responsibility Credit.

As if attending a CLE in your pajamas or on a beach wasn’t incentive enough, the Construction Law Section is offering a $50.00 discount to the first 75 registrants. We still have several discounts left, but you better hurry.

For more information and to register, visit the North Carolina Bar Association’s website. On behalf of the Construction Law Council, we look forward to seeing you there.

Secretary of State’s E-Closings Survey: Provide Your Feedback Today

By Brian Byrd

As Chair of the North Carolina Bar Association Real Property Section, I am reaching out to you on behalf of the North Carolina Department of Secretary of State’s Electronic Mortgage Closing Advisory Committee (the “E-closing Committee”) to seek your help and participation in the below survey. The purpose and intent is to seek feedback from you on your perception of the current state of adoption of electronic mortgage closings and what you feel may be barriers to adoption.

This survey, of course, is completely voluntary, and we have been assured that it will be kept completely blind, anonymous and confidential. We have also been assured that they will not collect any contact or email information.

With COVID-19 and temporary stay at home mandates, the E-closing Committee feels that, now more than ever, people are looking for alternatives to closings that promote as limited contact as possible. But many are still hesitant to implement a solution. The E-closing Committee hopes you will share your understanding, opinions and concerns through this survey so that the E-closing Committee may better address them. Your participation and input is invaluable as the E-closing Committee is working to ensure that we have appropriate tools in place to enable loans to be closed securely and safely during this pandemic and afterwards.

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North Carolina Court System Launches Free, Online Document Preparation Tool

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By Alicia Mitchell-Mercer

The North Carolina Court System has launched a free, online document preparation tool that is available for self-represented litigants, paralegals, and attorneys.

Guide & File Logo

The North Carolina Judicial Branch has announced the launch of eCourts Guide & File, a new service that allows attorneys and the public to prepare court documents online in just a few easy steps. With free, 24/7 online access and easy-to-understand interview questions, Guide & File will eliminate barriers and simplify the legal process, particularly for the hundreds of thousands of North Carolinians who come to court without an attorney every year.

“North Carolina’s courts must be available to everyone who needs them. No one should feel locked out by complicated forms and processes that are difficult to understand, particularly when one cannot afford an attorney,” said Chief Justice Cheri Beasley. “Guide & File is another way that we are making our court system more efficient, more equitable and more accessible.”

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Articles of SEL Interest (August 2020)

Members of the Sports & Entertainment Law section (“SEL”) found the following recent third-party articles to be of potential interest to Section members. Feel free to reach out to the Communications Co-chairs (Kelly Ryan and Jourdan Williams) if you would like to submit either personally written pieces or other third-party articles found that would be of interest to SEL members.

  1. NBA players boycott? Why ‘boycott’ is not the correct term
  2. Sources: Michael Jordan voice of reason during NBA owners meeting
  3. Instagram Sharing Rights At Center of Photographer’s Legal Battle Read more

A Lot Has Changed in Privacy and Data Security This Year. Do You Feel Up to Date?

By Karin McGinnis

While the world was quarantining, the privacy and data security world was busy. Now the California Consumer Privacy Act is in full swing with final regulations, the U.S./EU Privacy Shield is no longer valid, and the attorney-client privilege in data breaches has been challenged. With most purchases and interactions happening online, online businesses and virtual meeting spaces are in the crosshairs. Even your old trusty vendor agreement is at risk. All of these changes have significant implications for your clients and your practice, and it is easy to feel behind the curve. Your NCBA Privacy and Data Security Committee has your back! We’ve created a full day seminar (6 MCLE credits*) to get you up to speed. You’ll get ethics and technology credit as well. And with safety in mind, the seminar will be 100% virtual. If you are one of the first 30 people to sign up, you’ll receive a $65 discount. You can sign up here.

Hope to “see” you there!

*6.00 MCLE Hours Includes 1.00 Ethics/Professional Responsibility and 1.00 Technology Training Qualifies for NC State Bar Privacy & Information Security Law Specialization

RRC Constitutionality is Challenged by Governor’s Lawsuit

According to multiple news reports, on Friday, August 28, 2020, Gov. Cooper filed a complaint in Wake County seeking a declaratory judgment and permanent injunction. Gov. Cooper stated, “G.S. 143B-30.1(a), ‘Rules Review Commission created,’ is unconstitutional and therefore void and of no effect.” The complaint may be viewed here.