By Eric J. Zogry May 15, 2017 marked the 50th anniversary of the United States Supreme Court decision In re Gault. Gerald Gault was a 16-year-old adjudicated and confined for making an illicit phone call to an elderly neighbor. Gerald was given no notice of the charges, no attorney, no opportunity to cross examine witnesses, […]
By Sabrina Presnell Rockoff On May 16, 2017, the 4th Circuit issued an opinion in Waag v. Sotera Def. Solutions, Inc., 2017 U.S. App. LEXIS 8587, providing further guidance regarding an employer’s responsibilities to return an employee to work following FMLA leave. Mr. Waag brought the action against his former employer, Sotera Defense Solutions, Inc., a […]
By Art MacCord Art MacCord is a patent attorney with 38 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. Please click on the links below for the most recent updates. Copyright Office […]
The Paralegal Student Scholarship Essay topic this year was “Why Being a Paralegal Is Important To Me.” The winning submission is courtesy of Kayla Cobler, a student in the paralegal program at Davidson County Community College. The student scholarship provides an award of $500 for tuition to a North Carolina resident enrolled in a North […]
The Paralegal Member Scholarship Essay topic this year was “What are the benefits of being involved in paralegal associations?” The winning submission is courtesy of Paralegal Division Member Phebe Kirby. The Paralegal Division Member Scholarship provides an award of a Paralegal Division membership, a section membership, registration for the 2018 Paralegal Division Annual Meeting and […]
By Jeff Bradford I’m presently in my fifth year on the board of directors for BarCARES, a wonderful non-profit that provides a wide array of confidential counseling services to lawyers and their families. My BarCARES story began on July 15, 2009. I was driving home from a nurse expert deposition in Greensboro when I met […]
By Mark E. Sullivan The New Pension Division Rule Without notice to North Carolina or consultation with its Congressional delegation, Congress enacted, on Dec. 23, 2016, the National Defense Authorization Act for Fiscal Year 2017 (NDAA 17) and overrode North Carolina’s Seifert[1] formula and N.C.G.S. § 50-20.1(a)(3) and (d) for dividing pensions, as applied to military retired […]
By Jonathan Wall What does a case involving a city council’s refusal to go forward with an economic development loan have to do with employment law? Plenty! In Woods v. City of Greensboro, ___ F.3d ___, 2017 WL 174898 (4th Cir. May 5, 2017), a 4th Circuit panel relied heavily on employment law and again […]
By Keith A. Wood This is the second of two installments of this article. The first installment was posted on the Tax Section blog on Jan. 16, 2017. I. Hobby Losses: Horse Breeder Had For-Profit Activity. The 7th Circuit Court of Appeals reversed the Tax Court and held Mr. Roberts engaged in his horse training […]
By Nate Cook Elon University School of Law May ’17[1] Edited by Anthony Rascati, Elon University School of Law Dec. ’17 and Mike Casterlow, Elon University School of Law Dec. ’17 North Carolina State Conference of NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016). On July 29, 2016, the 4th Circuit struck down North […]