The Administrative Law Section Council’s 2023 Legislative Discussion

Bain, a white man with white hair, wears a white shirt and black suit.By W. Bain Jones 

At the Administrative Law Section Council Meeting on October 27, 2022, we were honored to have Representative Sarah Stevens speak to the Council. She outlined that she believed that the Administrative Procedure Oversight Committee will be focused on three issues concerning Administrative Law this upcoming session.  They are:

1. Do all occupational licensing boards need to have the requirement of a license?

2. Do some licensing boards need to be merged together because of common purposes?

3. Are all administrative agencies and boards acting within their statutory authority?

Representative Stevens indicated that it appears that the Legislature does not want to require an overarching regulatory agency under which all boards and commissions would operate. Instead, the legislature would evaluate administrative agencies and commissions using the three outlined concerns above. Read more

Pro Bono Is Worth My Time

By Janelle ClineJanelle, a white woman with red hair, wears a white shirt and dark green jacket.

As lawyers, our time has value. I don’t mean just the indefinite notion that our time is valuable but a specific dollar amount attached to every six minute increment of our day.

When I started billing by the hour, normal tasks took on a new significance. That traffic jam – $65; my kid’s trip to the dentist – $225; laundry . . . I have a family of five, so I don’t even want to think about that cost. The paradigm shift forced me to answer, “Is it worth my time?” before adding anything to my schedule, and more often than ever before, the answer was “No.” Read more

Meet the Leaders, Part 1: Jill Jackson

By Ketan Soni

Jill Jackson has been a staple of the family law community in North Carolina for over 20 years.

You may know her as a fierce litigator, a seasoned negotiator, or literally a Wonder Woman™. (Ask her about this if you don’t know the reference.)

In addition to these wonderful things, Jill has an excellent perspective on how to keep our heads in the game without losing our heads! Listen to this short video about Jill’s view on navigating the waters of our profession.

 

38th Annual North Carolina/South Carolina Labor and Employment Law CLE

Jennifer, a white woman with brown hair, wears a pink shirt and black jacket.

Jennifer Spyker

Grant, a white man with grey hair, wears a white shirt, red tie and black jacket.

Grant Osborne

By Jennifer Spyker, Grant Osborne and Members of the Communications Committee of the Labor & Employment Law Section Council

It’s not too late to register for the 38th Annual North Carolina/South Carolina Labor and Employment Law CLE, being held November 4-5, 2022, at the Renaissance in Downtown Asheville. Come join us in person for fall vibes, time with colleagues whom you may not have seen for quite a while, and an excellent speaker lineup! The CLE is also available via live webcast.

The agenda and registration information are available here.

Join Us for a Food Bank Service Project on November 18!

By Tracy M. Wright and Jane Yumi Paksoy 

As we get into the busy holiday season, don’t forget to take time to give back to your community. The Corporate Counsel Section is hosting an in-person volunteer opportunity at the Food Bank of Central and Eastern North Carolina’s Raleigh branch (1924 Capital Blvd) on Friday, November 18, 2022, from 9 a.m. until noon. Volunteers will provide assistance in various activities, including sorting out produce and food donations, creating Commodity Supplemental Food Program and Disaster Relief boxes, packing food items such as cereal, pasta, eggs, and other dry food.

The Food Bank of Central and Eastern North Carolina serves 34 counties and is the largest food bank in the state. Nearly 600,000 people in the Food Bank’s service area are food insecure. Last fiscal year the Food Bank provided 115 million meals with the support of 134,988 volunteer hours, which is the equivalent of 65 full-time employees. Come join your fellow Corporate Counsel Section members in supporting hunger relief for our community!

Kids 12+ are welcome to join.

Register today.

Date & Time | Friday, November 18 | 9 a.m. until noon

Location | Food Bank, 1924 Capital Blvd | Raleigh

The Rulebook on REN

By the North Carolina Department of the Secretary of State 

Whether it is Game 7 of the World Series, a knock-down, drag-out game of Monopoly, or a drive down I-40, they all have rules we must follow. Have you ever wanted to have input into the rulebook? Now is your chance for all of those who are interested in the new Remote Electronic Notarization Act (RENA). The Secretary of State will be taking comments on its Advance Notice of Proposed Rulemaking (ANPR) #1 until November 30, 2022.

N.C. Session Law 2022-54, or RENA, obligates the Secretary of State’s office to adopt permanent rules on a large number of topics that affect how a remotely located principal will be able to have their identities confirmed by notaries located in North Carolina. There is widespread interest in this new law and the implementation of RENA. It will likely serve as a national model for other states. The agency’s goal is to establish a system that will continue to promote public confidence in the reliability of signatures and the identification of remotely located principals, and that transactions are not rejected for a variety of reasons, including fraud.

RENA was signed into law on July 8, 2022. RENA primarily amends Article 2 of Chapter 10B, the Notary Public Act, in the North Carolina General Statutes. Adoption of RENA was a direct outcome of the global pandemic, which increased economic activity being conducted remotely, and established the necessity to conduct crucial business, legal, health care, and other transactions safely, securely, and efficiently in the rapidly changing remote environment.

The Secretary of State’s office is not required to request public comment at this stage of the rulemaking process. The official public comment period will come when the Agency publishes proposed rules in the North Carolina Register. However, the new law was adopted with a strong stakeholder process and, to continue that practice, the agency is now seeking public input with an ANPR.

The first of two ANPRs is available for review and comment. A second ANPR, specifically seeking input regarding the technical features, specifications, and standards applicable to the communication required as part of the REN process is forthcoming. Please take the time to review the ANPR and submit your comments to the Secretary of State to help make sure we have the most successful remote electronic notarization program in the country.

Thirty Years of Workers’ Comp Mediation

Judge Ward, a man with brown hair, sits on the bench in a courtroom.By Judge J. Randolph (“Randy”) Ward

This year marks the 30th anniversary of mediation in North Carolina‘s Workers’ Compensation system, introduced by a pair of North Carolina Bar Association CLEs presented live on September 21, 1992, at the Raleigh’s Velvet Cloak Inn. “Mediation for Workers’ Compensation Counsel” was held in the morning, and “Worker’s Compensation for Mediators” followed after lunch. Video replays were shown through February in Raleigh, Jacksonville and Charlotte. (See brochure, infra.)

When I was appointed to the N.C. Industrial Commission in early 1989, the state and its workforce had outgrown the agency’s resources. North Carolina was at or near the top in attracting new businesses, with an attractive climate and workforce, strong educational assets, and entrepreneurial banks. Industrial employment grew to 29% of the workforce in the early nineties. When I arrived, the Commission had twelve Deputy Commissioner positions, but only nine were hearing cases. I was told that there was a twelve- to eighteen-month backlog of cases awaiting hearings. Although the three Commissioners heard appeals from the Deputy Commissioners’ hearing decisions, I was the only lawyer on the Commission. Read more

Two Winston-Salem Firms Help Local Church Avoid Foreclosure

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First Church of God in Christ is a thriving church in Winston-Salem, North Carolina. They have owned their worship space property – which contains a building valued at almost $1 million – for 23 years. Like most commercial real estate owners, First Church had a five-year term on the loan that was secured by their church property. When the term ended in February 2022, the lender was not willing to work with First Church to extend the term or give them additional time to refinance the loan, despite having an excellent payment history and substantial equity in the property.

Read more

Checking In: October 25, 2022

Compiled by Jessica Junqueira

Baker Donelson Adds New Shareholder

Jill, a white woman with blond hair, wears a blue suit, white shirt and glasses.The firm announced that Jill Walters is a shareholder. Walters has joined the Corporate Restructuring & Bankruptcy Group and practices in the Raleigh/Research Triangle office. She has more than 15 years of experience counseling clients in matters of corporate insolvency, distressed lending, restructuring and bankruptcy, and complex Chapter 11 cases. Walters is a member of the NCBA Bankruptcy Section and serves as the Sponsorship Committee Chair. She is on the Board of Directors for A Note in the Pocket and volunteers with Legal Aid of North Carolina. Walters holds a J.D. from Michigan State University College of Law and a B.A. from Lake Forest College.

Brooks Pierce Names Three New Partners

The firm announced that Steven M. LaSota, Haniya H. Mir and Jessica Thaller-Moran are now partners.

A white man with a shaved head wears a black suit, white shirt and red tie.

Steven M. LaSota is a real estate development attorney, and he has been practicing law for more than 15 years. He has served as a general counsel for community and regional banks and has experience in a wide variety of commercial transactions, as well as in retail financial services. He received a J.D. from the University of Florida Levin College of Law, an M.B.A. from the University of Florida Warrington College of Business, and a bachelor’s degree from Furman University.

A woman with dark brown hair wears a red dress.

Haniya H. Mir practices transactional law. Mir represents businesses in corporate matters, including mergers and acquisitions, securities law, corporate governance, entity formation and more. She has experience assisting clients in complex corporate transactions. She holds a J.D., cum laude, from Duke University School of Law, where she was executive editor of the Duke Law Journal and president of the Women Law Students Association. She earned an M.A. with distinction from the University of London, School of Oriental and African Studies, and a B.A., cum laude, from Vassar College.

Jessica, a white woman with brown hair, wears a white shirt and teal jacket.

Jessica Thaller-Moran focuses on employment law and litigation. She counsels employers on compliance with state and federal laws and complex business litigation disputes. She works with companies to help them plan for, and respond to, issues involving their workforce. Thaller-Moran holds a J.D. with honors from the University of North Carolina School of Law, where she was a comments editor for the North Carolina Law Review, and a bachelor’s degree, summa cum laude, from the University of Richmond. She serves as a member of the Board of Directors for Diabetes Family Connection.

Hedrick Gardner Kincheloe & Garofalo Welcomes Attorneys From Nichols, Choi, and Lee

Hedrick Gardner Kincheloe & Garofalo announced that the attorneys of Nichols, Choi, and Lee have joined the firm. Four attorneys have joined the Litigation Group: M. Jackson “Jack” Nichols, Anna Baird Choi, Catherine E. Lee, and Grant Simpkins. The attorneys will practice in the firm’s Raleigh office. The four attorneys have been recognized for their work as administrative/regulatory law practitioners in North Carolina.

Anna, a white woman with blonde hair, wears a purple jacket and white shirt.

Anna Baird Choi has joined the firm as partner. She focuses her practice on administrative law/regulatory law. Choi served for more than 20 years as counsel to the N.C. Licensing Board for General Contractors. She advises the General Contractor’s Board, as well as eight other occupational/professional licensing boards. Choi represents individuals and businesses before other N.C. licensing boards and agencies. She holds a J.D. from Campbell Law School and a B.A. in economics and political science from the University of North Carolina at Chapel Hill.

Catherine, a woman with brown hair, wears a black shirt and white jacket.

Catherine E. Lee has joined the firm as partner. She focuses on employment law, administrative law, civil litigation, and contract disputes, with an emphasis on matters involving state occupational/professional licensing boards and public employment. She serves as general counsel to a number of North Carolina occupational licensing boards. She has experience appearing before boards and the North Carolina Office of Administrative Hearings. She earned a J.D. from the University of Texas at Austin School of Law and a B.A. in English and political science from the University of North Carolina at Chapel Hill.

Jack, a white man with brown hair, wears a black jacket, white shirt and purple tie.

Jack Nichols has joined the firm as of counsel. His practice is focused on public policy development and advocacy, administrative law, and civil litigation. He has extensive experience representing clients before the Office of Administrative Hearings and serving as Counsel of Record in appellate cases. Nichols has taught courses in administrative law and constitutional law at the University of North Carolina at Chapel Hill and Campbell Law School. Nichols holds a J.D. from Wake Forest University School of Law, an M.A. from Duke University, and a B.S. in political science from Davidson College.

Grant, a white man with brown hair, wears a white shirt, grey jacket and blue tie.

Grant Simpkins focuses his practice on administrative law with an emphasis on occupational/professional licensing. He earned a J.D. from Campbell Law School in 2019. At Campbell, he was a member of the Moot Court Team, and he represented the school in national competitions. From 2019 to 2020, Simpkins was the Campbell Law School Wallace Leadership Fellow from 2019-2020. He earned a bachelor’s degree in political science and pre-professional legal studies from Appalachian State University.

The Law Offices of James Scott Farrin Announces New Associate

Maya, a Black woman with dark brown hair, wears a white shirt and black jacket.

Maya Davis has joined the firm and practices with the litigation team. Maya holds a J.D. from North Carolina Central University School of Law. While in law school, she was a Smith-Shaver Scholar and a member of the Dean’s List, and she earned a certificate in Alternative Dispute Resolution. She graduated from North Carolina State University with a B.A. in philosophy and a concentration in philosophy of law. Davis serves as a volunteer with Habitat For Humanity and Alpha Kappa Alpha Sorority, Inc.

 

NC College Admission and Congressional Maps Take Center Stage at SCOTUS This Fall

By Dan Gibson Dan, a white man with brown hair, wears a white shirt, orange tie, and navy jacket.

October and December will be big months for North Carolina at the U.S. Supreme Court. The Justices will hear two cases involving North Carolina in upcoming months.

On Halloween, the Court will face the specter of race-conscious university admissions. Some justices may be spooked by the ghosts of Bakker, Grutter and Fisher, the Court’s earlier decisions on considering race when deciding which undergrads to admit. The challengers in Students for Fair Admissions v. Chapel Hill directly ask the Court to exorcise Grutter because it has had “significant negative consequences” and is “a jurisdictional outlier.” “[E]xplicit racial preferences” always violate the equal protection clause, it argues, regardless of their results. UNC responds that it “needs race-conscious admissions to achieve diversity,” which is “critical to its mission.” Read more