The Export-Import Bank (“Ex-Im”) has taken a few steps to increase liquidity in export transactions—among them, it created a new Bridge Loan Program for foreign buyers. More info can be found here.
The emergency relief bill that passed the Senate is divided into two sections. The first section covers small business interruption loans and the second covers relief for individuals, families, and businesses.
The [SBA] Administrator shall reimburse any recipient of assistance under section 22(l) of the Small Business Act (15 U.S.C. 649(l)) for financial losses relating to a foreign trade mission or a trade show exhibition that was cancelled solely due to a public health emergency declared due to COVID–19 if the reimbursement does not exceed a recipient’s grant funding. It’s Section 1104 in this bill.For an overview of each of their response actions, click here.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00International Practicehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngInternational Practice2020-03-27 12:14:272020-03-27 13:18:09COVID-19 Relief Information for Small Businesses from U.S. Department of Commerce
COVID-19 and the ensuing shutdown of much of the economy will affect construction projects dramatically. Projects have become more difficult to perform as industry participants juggle their obligations to their customers, employees, and the public. The impacts will get worse before they get better. This article identifies some construction law issues facing owners, contractors, subcontractors, and suppliers grappling with the impacts of the virus.
When a contractor or subcontractor cannot meet the project schedule, does COVID-19 excuse the delay and warrant a time extension? It depends on the language of the contract. As discussed by my colleague, David Robinson, in his March 3 Insight, in most US jurisdictions, epidemics, pandemics, and other unforeseeable Acts of God do not automatically excuse breaches of contract. In order to determine whether COVID 19 provides an excuse, begin by looking at the terms of the relevant contract.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2020-03-27 08:08:512020-03-27 09:47:45Construction Law Alert: COVID-19’s Impacts on Construction Projects
The Industrial Commission continues to review and evaluate its various policies in light of the ongoing COVID-19 situation. Below are the most recent updates from the Commission concerning its Secure Leave Policy and accepting agreements signed through DocuSign.
The Industrial Commission recognizes that the COVID-19 pandemic will result in attorneys having to reschedule vacations, non-emergency medical procedures, and other plans for which secure leave was obtained. The rescheduled plans may then fall within the same calendar year for which three weeks of secure leave already has been granted and/or may not be known until less than 90 days before the requested secure leave period. Any attorney faced with this situation may file a motion under 11 NCAC 23E .0301 (Waiver of Rules) asking for a waiver or variance of the requirements or provisions of 11 NCAC 23E .0104 (Secure Leave Period for Attorneys). This motion should be filed in conjunction with the new secure leave written request.
The COVID-19 crisis has not affected the Notary law in North Carolina. However, the NC Secretary of State’s Office has issued guidance on how to comply with the in-person appearance requirements in this time of practicing social distancing. Some steps that can be taken to reduce exposure to the Notary and the principal (“signer”) are the same as the recommended COVID-19 precautions we should all be practicing such as not shaking hands, cleaning your hands often, cleaning and disinfecting frequently touched surfaces and keeping a 6-foot distance from others. Specific suggestions when notarizing documents are to not share pens (ask the signer to use their own pen), viewing the identification from the tabletop instead of touching the identification, and standing at the opposite ends of a long conference table. Some firms are offering curbside notary services or other outside options as ways to keep their employees and clients safe. These Notary challenges will be increased for parties that reach an agreement while they are participating in a mediation conducted via electronic means. It will be a process of getting the documents to each party at their location and then having them signed and notarized.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00International Practicehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngInternational Practice2020-03-26 11:00:472020-03-26 11:02:17Notarization During the COVID-19 Crisis
Our section membership has a strong tradition of supporting and participating in pro bono and community service activities—both those planned and sponsored by the NCBA and those that you undertake on your own or with other organizations. We are in unprecedented times with COVID-19 (Coronavirus), and I am confident that each of you is doing your part.
Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.
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.pngLabor2020-03-26 09:38:172020-03-26 09:49:02Fight Hunger, Help Others in the COVID-19 Pandemic – Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!
I hope that you are managing well in this COVID-19 world we find ourselves in today. It is an understatement to say that it has definitely changed our lives and had drastic effects on how we conduct our law practices and businesses. I want to let you know that your Council and NCBA leadership have been working diligently with other groups involved in the real estate industry to help keep us “open for business” and develop alternatives that may be necessary to allow that to happen. The Council held a special call in/Zoom meeting this past Monday to discuss and strategize on what is happening and what may need to happen.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00RealPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngRealProperty2020-03-25 16:00:452022-10-24 13:00:09Report from Real Property Section Council Meeting
As we all search for ways to help others during this difficult time, consider volunteering your legal skills on NC Free Legal Answers. See more information below on this opportunity as well as other resources, some of which were included in your weekly e-bar email.
NC Free Legal Answers: Pro Bono From Home
The NC Bar Foundation’s web-based program NC Free Legal Answers facilitates remote pro bono legal services to North Carolinians. Help low-income individuals by answering their brief family, housing, employment and consumer law questions. A growing number of COVID-19-related questions are being posted, including questions about custody rights under stay-at-home orders and rights to recover pre-paid daycare payments due to closures. Attorney volunteers are needed and registration is easy. Contact NCBF Pro Bono Staff Attorney Jeanine Soufan if you have any questions.
As a reminder, the NCBA provides resources to support members in various ways:
BarCARES focuses on improving the mental health and overall quality of life for NCBA members, local bar groups, and law students, offering no-cost assistance in dealing with personal, family, financial, work, and career stressors. Visit BarCARES online or call 800-640-0735 to arrange a telehealth or telephone appointment.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00International Practicehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngInternational Practice2020-03-25 11:01:422020-03-25 15:42:58Pro Bono Opportunity From Home
Below is the most recent update from the Industrial Commission relative to COVID-19. This information was posted to the Industrial Commission website to address some questions received from attorneys about the current filing deadlines.
The Industrial Commission has received some inquiries from attorneys regarding its current filing deadline policy. At this time, the Commission has not granted an automatic, blanket extension of filing deadlines for the following reasons:
One of the beautiful things about this Country is all of the unique individuals who live in it. While the most common language in America is English, there are individuals who speak other languages who need our services as family law attorneys. We want the family law community to be as accessible to those individuals as we are to those who speak English. After English, the most common languages spoken in North Carolina are Spanish, French, and German. With that being said, the Membership Committee has created a survey for law firms who practice in the area of family law. The survey includes questions that will help us to identify which legal professionals have the ability to assist non-English speaking clients through their domestic case. If you or someone at your firm speaks a language other than English, we want to know! Ultimately, once we collect this information, we intend to provide a comprehensive list on the NCBA website as a resource for those clients who are seeking domestic help and for whom English is not their first language. The link to the survey is here.
If you have an idea of a different resource list that should be available on the NCBA website for our domestic clients, please e-mail me at [email protected].
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.pngFamilyLaw2020-03-24 23:09:212020-03-25 16:48:22What Language Does Your Law Firm Speak?
Update: Since this compilation of updates and resources was published last week, new guidance has been released by the US Department of Education and Governor Cooper has issued a second executive order extending school closures. Legal Aid staff are in communication with state officials about these changes and will have updated information and more practical tips posted to the website below by the end of this week or early next week. Please continue to check back!
educational access for students while schools are closed;
educational access for special education students while schools are closed;
student nutrition services while schools are closed;
student privacy rights related to the COVID-19 outbreak;
general federal and state resources; and
miscellaneous resources for students and families.
Much of this is and will be in flux in the coming weeks, and so we plan to monitor things closely and will update the guide on an ongoing basis as we receive updated information. To that end, people should continue to check back for updated information.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00JuvenileJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngJuvenileJustice2020-03-24 16:53:192020-03-25 10:43:31Coronavirus Updates and Resources for Parents and Students
COVID-19 Relief Information for Small Businesses from U.S. Department of Commerce
International Law, International Law & Practice, International PracticeConstruction Law Alert: COVID-19’s Impacts on Construction Projects
Construction Law SectionThis article was originally published by Nexsen Pruet and has been reposted with permission.
By Eric H. Biesecker
COVID-19 and the ensuing shutdown of much of the economy will affect construction projects dramatically. Projects have become more difficult to perform as industry participants juggle their obligations to their customers, employees, and the public. The impacts will get worse before they get better. This article identifies some construction law issues facing owners, contractors, subcontractors, and suppliers grappling with the impacts of the virus.
When a contractor or subcontractor cannot meet the project schedule, does COVID-19 excuse the delay and warrant a time extension? It depends on the language of the contract. As discussed by my colleague, David Robinson, in his March 3 Insight, in most US jurisdictions, epidemics, pandemics, and other unforeseeable Acts of God do not automatically excuse breaches of contract. In order to determine whether COVID 19 provides an excuse, begin by looking at the terms of the relevant contract.
Read more
Additional Updates from the Industrial Commission: Secure Leave / Document Signing
Workers' Compensation SectionBy Eleasa Allen
The Industrial Commission continues to review and evaluate its various policies in light of the ongoing COVID-19 situation. Below are the most recent updates from the Commission concerning its Secure Leave Policy and accepting agreements signed through DocuSign.
COVID-19 Response: Industrial Commission Secure Leave Policy
The Industrial Commission recognizes that the COVID-19 pandemic will result in attorneys having to reschedule vacations, non-emergency medical procedures, and other plans for which secure leave was obtained. The rescheduled plans may then fall within the same calendar year for which three weeks of secure leave already has been granted and/or may not be known until less than 90 days before the requested secure leave period. Any attorney faced with this situation may file a motion under 11 NCAC 23E .0301 (Waiver of Rules) asking for a waiver or variance of the requirements or provisions of 11 NCAC 23E .0104 (Secure Leave Period for Attorneys). This motion should be filed in conjunction with the new secure leave written request.
Read more
Notarization During the COVID-19 Crisis
International Law, International Law & Practice, International PracticeLaura Linfante
Pam Deeds Stewart
By Lori Linfante and Pam Deeds Stewart
The COVID-19 crisis has not affected the Notary law in North Carolina. However, the NC Secretary of State’s Office has issued guidance on how to comply with the in-person appearance requirements in this time of practicing social distancing. Some steps that can be taken to reduce exposure to the Notary and the principal (“signer”) are the same as the recommended COVID-19 precautions we should all be practicing such as not shaking hands, cleaning your hands often, cleaning and disinfecting frequently touched surfaces and keeping a 6-foot distance from others. Specific suggestions when notarizing documents are to not share pens (ask the signer to use their own pen), viewing the identification from the tabletop instead of touching the identification, and standing at the opposite ends of a long conference table. Some firms are offering curbside notary services or other outside options as ways to keep their employees and clients safe. These Notary challenges will be increased for parties that reach an agreement while they are participating in a mediation conducted via electronic means. It will be a process of getting the documents to each party at their location and then having them signed and notarized.
Read more
Fight Hunger, Help Others in the COVID-19 Pandemic – Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!
Labor & Employment LawMichele Livingstone
Will Quick
By Michele Livingstone and Will Quick
Our section membership has a strong tradition of supporting and participating in pro bono and community service activities—both those planned and sponsored by the NCBA and those that you undertake on your own or with other organizations. We are in unprecedented times with COVID-19 (Coronavirus), and I am confident that each of you is doing your part.
Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.
Read more
Report from Real Property Section Council Meeting
Real PropertyBy Brian Z. Taylor
Real Property Section Members,
I hope that you are managing well in this COVID-19 world we find ourselves in today. It is an understatement to say that it has definitely changed our lives and had drastic effects on how we conduct our law practices and businesses. I want to let you know that your Council and NCBA leadership have been working diligently with other groups involved in the real estate industry to help keep us “open for business” and develop alternatives that may be necessary to allow that to happen. The Council held a special call in/Zoom meeting this past Monday to discuss and strategize on what is happening and what may need to happen.
Read more
Pro Bono Opportunity From Home
International Law, International Law & Practice, International PracticeAs we all search for ways to help others during this difficult time, consider volunteering your legal skills on NC Free Legal Answers. See more information below on this opportunity as well as other resources, some of which were included in your weekly e-bar email.
NC Free Legal Answers: Pro Bono From Home
The NC Bar Foundation’s web-based program NC Free Legal Answers facilitates remote pro bono legal services to North Carolinians. Help low-income individuals by answering their brief family, housing, employment and consumer law questions. A growing number of COVID-19-related questions are being posted, including questions about custody rights under stay-at-home orders and rights to recover pre-paid daycare payments due to closures. Attorney volunteers are needed and registration is easy. Contact NCBF Pro Bono Staff Attorney Jeanine Soufan if you have any questions.
As a reminder, the NCBA provides resources to support members in various ways:
IC Update Regarding COVID-19 Response
Workers' Compensation SectionBy Eleasa Allen
Below is the most recent update from the Industrial Commission relative to COVID-19. This information was posted to the Industrial Commission website to address some questions received from attorneys about the current filing deadlines.
COVID-19 Response: Industrial Commission Filing Deadline Policy
The Industrial Commission has received some inquiries from attorneys regarding its current filing deadline policy. At this time, the Commission has not granted an automatic, blanket extension of filing deadlines for the following reasons:
Read more
What Language Does Your Law Firm Speak?
Family Law SectionOne of the beautiful things about this Country is all of the unique individuals who live in it. While the most common language in America is English, there are individuals who speak other languages who need our services as family law attorneys. We want the family law community to be as accessible to those individuals as we are to those who speak English. After English, the most common languages spoken in North Carolina are Spanish, French, and German. With that being said, the Membership Committee has created a survey for law firms who practice in the area of family law. The survey includes questions that will help us to identify which legal professionals have the ability to assist non-English speaking clients through their domestic case. If you or someone at your firm speaks a language other than English, we want to know! Ultimately, once we collect this information, we intend to provide a comprehensive list on the NCBA website as a resource for those clients who are seeking domestic help and for whom English is not their first language. The link to the survey is here.
If you have an idea of a different resource list that should be available on the NCBA website for our domestic clients, please e-mail me at [email protected].
Thank you
Gracias
Merci
Danke
Chelsea Gajewski
Coronavirus Updates and Resources for Parents and Students
Juvenile Justice & Children's RightsBy Jen Story
Update: Since this compilation of updates and resources was published last week, new guidance has been released by the US Department of Education and Governor Cooper has issued a second executive order extending school closures. Legal Aid staff are in communication with state officials about these changes and will have updated information and more practical tips posted to the website below by the end of this week or early next week. Please continue to check back!
Legal Aid of North Carolina has put together a resource with summaries of Coronavirus updates related to students’ access to school. Specifically, we included updates and tips related to:
Much of this is and will be in flux in the coming weeks, and so we plan to monitor things closely and will update the guide on an ongoing basis as we receive updated information. To that end, people should continue to check back for updated information.