Note: An earlier version of this post included information about the Moot Court Competition. This event has been cancelled due to the Coronavirus Disease 2019 (COVID-19). Read more here.
In addition, the Liberty Bell Award Subcommittee of the Young Lawyers Division’s Law Week/Liberty Bell Committee is seeking nominations for the Liberty Bell Award to be presented at the Law Day Ceremony on May 1, 2020. As we celebrate the sixty-second anniversary of Law Day and this year’s theme of “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100,” we encourage submissions reflecting the theme in our State. The nominee should be someone who exemplifies lifelong service to the law in North Carolina and the 2020 Law Day theme. We request that full information be given about each candidate’s qualifications, including a resume or brief description of the nominee’s career accomplishments and service to North Carolina. Many districts choose to get together and vote on one or more nominees, while others do so less formally. Additionally, individual members of the Bar or non-attorneys may nominate candidates. We encourage all districts statewide to participate. A Nomination Form is available. Any name(s) that you or members of your district wish to present should be postmarked and mailed c/o Leila A. Hicks, 280 S. Mangum St., Suite 400, Durham, NC 27701 or emailedto Leila Hicks no later than Friday, March 20, 2020, for presentation to the committee.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2020-03-11 10:41:292020-03-11 16:03:20Law Week and Liberty Bell Award
As organizations prepare for certain contingency work arrangements in response to the coronavirus (COVID-19) outbreak, companies must also focus attention on ensuring appropriate cyber hygiene. Companies are anticipating more individuals working remotely from the safety of their own homes to avoid contracting the virus and other companies are planning for potential quarantines and school closings. The flexibility of working remotely, however, involves real cybersecurity risks that companies should be aware of and work to mitigate in the face of the COVID-19 outbreak. With increased remote work, there is increased risk of employees accessing data through unsecured and unsafe Wi-Fi networks, using personal devices to perform work, and not following general security protocols established by the company. As individuals are approved or otherwise authorized to work remotely, there must be a multi-departmental focus on maintaining proper controls. Management should be coordinating with the Human Resources (HR) and Information Technology (IT) departments to establish security controls and ensure employees are properly trained on those controls in the remote work context.
Membership in the Legal Practice Hall of Fame is a significant recognition by the North Carolina Bar Association of the lifelong achievements of lawyers who have practiced in North Carolina for thirty years or more. Started in 1989 as the General Practice Hall of Fame, this recognition has now been afforded to 164 members of the Association.
The deadline for nominations for the Legal Practice Hall of Fame is March 20. Access the nomination form here.
Senior Lawyers Division chair Bruce Huggins believes these recipients “truly represent the best of our profession in excellence of practice, professionalism, courtesy and community service.” “The Senior Lawyers Division is honored to have assumed the responsibility to select the recipients of this award beginning in 2019,” says Chairman Huggins.
Greetings Privacy and Data Security Section members! It’s hard to believe we’re more than halfway through our inaugural year as a Section.
Following the Section Council’s February meeting, I wanted to provide an update on the Section’s activities and highlight some opportunities for members to get involved in the Section’s work.
Annual Meeting and CLE – Planners Needed
On October 24, 2019 the Section held its first Annual Meeting and CLE at the Bar Center in Cary. The meeting was jam-packed with useful content and was well-received by attendees. Thanks again to the speakers and to Karin McGinnis and Kate Kliebert, the co-chairs of the CLE committee, for their work in making the program a resounding success.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSecurity2020-03-10 08:18:092020-03-10 15:31:32A Message from the Chair of the NCBA Privacy and Data Security Section
The Antitrust & Complex Business Disputes Law Section Annual Meeting and CLE was held on February 13, 2020 at the Bar Center in Cary. As usual, the event was well attended with almost 150 people attending in person or online. Topics included an analysis of the Economic Loss Rule, enforcement of Antitrust laws from those that enforce them, business valuation issues, ethical issues arising in small business disputes and receiverships. The highlight of the day was the Business Court Judges Panel Discussion which was attended by all five of the state’s Business Court Judges.
The CLE was wonderfully planned by Tom Segars of Ellis & Winters, LLP. Special thanks to our presenters and moderators Katie Burchette, Fred Monroe, Greg Skidmore, Catherine Arrowood, Stephen Carey, Sarah Clayton, Vic Domen, George Hawkins, Deborah Hylton, Catherine Lawson, Scottie Lee, Ryan Quillian and George Sanderson. Of course, a big thank you also is extended to Judges Bledsoe, Gale, McGuire, Conrad and Robinson for their always instructive and educational panel discussion on the Business Court. If you missed the CLE, we highly encourage you to catch a replay.
I am starting to see signs of spring, and it brings a smile to my face. The blooming daffodils, budding trees, and green grass are harbingers of warmer weather and more opportunities to get to leave our desks and enjoy some time outdoors.
Before skipping straight into the spring and the upcoming opportunities it will bring, I wanted to take a moment to quickly reflect on the Workers’ Compensation Section’s CLE and Annual Meeting, which was held on February 6 and 7 at the Grandover Resort.
As anyone who was able to attend can confirm, the two days of CLE were well-attended, and the presentations were across-the-board informative and educational. We had a total of 262 attendees, which is more than have attended in the past two years . . . it was literally standing room only on Thursday morning! A great deal of thanks is owed to Sarah Blair and Cameron Simmons and all the speakers, who took their time to plan, prepare and present at the CLE. Also, I want to thank the folks at the Bar Association who handled the bulk of the logistics for the program.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00WorkersComphttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngWorkersComp2020-03-09 09:43:162020-03-09 14:12:58Spring Is in the Air!
“Resources for Reliable Information on Coronavirus in North Carolina.” By Jill Moore, March 2, 2020, Coates’ Canons: NC Local Government Law. From the Article: “The School of Government is compiling resources about North Carolina communicable disease law and the COVID-19 outbreak on its North Carolina Public Health Law microsite. This direct link will take you to those resources. Because I have been receiving a number of questions about North Carolina isolation and quarantine law, the resources include free access to a 2017 book chapter that I wrote on that subject–click here for North Carolina Communicable Disease Law Chapter 6, Isolation and Quarantine Law. The chapter provides an overview of state law but is not specific to the current outbreak.”
“How Will We Know if COVID-19 is in North Carolina? A Look at the State’s Communicable Disease Reporting Laws.” By Jill Moore, March 2, 2020, Coates’ Canons: NC Local Government Law. From the Article: “North Carolina has laws that require health care professionals (and sometimes others) to notify public health officials when they know or suspect that a patient has a condition or disease that has been designated ‘reportable.’ COVID-19 is now reportable in North Carolina. Health care providers who have patients with suspected or confirmed COVID-19 should notify their local health department or the NC Division of Public Health’s Communicable Disease Branch immediately. This post reviews the North Carolina laws that address communicable disease reporting.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00GovernmentandPublicSectorhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngGovernmentandPublicSector2020-03-06 12:01:352020-03-10 16:04:47Interesting Reads for GPS Members
The novel coronavirus (“COVID-19”) outbreak has resulted in robust mitigation and containment measures being taken by countries around the world and is having significant and broadening negative impacts on business activities. From a legal perspective, these negative impacts may make it difficult or impossible for parties to a contract to perform their obligations. However, a great deal depends on the nature of the event and its impact on the specific contract and its performance by the parties.
With the COVID-19 outbreak, the virus and associated actions to contain it are affecting countries and industries differently. The high number of infections in the People’s Republic of China (“PRC”) has caused the government authorities there to take strong measures which have substantially disrupted and decreased economic activity. Travel into and out of the PRC has been restricted, and international supply chains have been disrupted. Similar measures may be taken by an increasing number of countries before the outbreak finally subsides.
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 Practice2020-03-06 08:52:122020-03-09 15:15:20The Legal Consequences of COVID-19 on Your Contracts: Force Majeure in Different Jurisdictions and Industries, and Some Practical Guidance
Members of the Administrative Law section found the following recent third party articles to be of potential interest to the section. Feel free to reach out to the section communications committee if you would like to submit either personally written pieces or other third party articles that would be of interest to the section’s members.
This NC Appellate Practice blog article includes discussion of the societal ethical issues underlying the facts in the recent Court of Appeals decision in the Wetherington case.
This Carolina Public Press article reports on the first meeting of a new House Select Committee on Residential Planning and Permitting that is looking at further reduction in local governments’ authority.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-03-05 19:05:262020-03-09 10:22:09Administrative Law Related Articles of Interest
Law Week and Liberty Bell Award
Young Lawyers DivisionB
y Andrew Atkins
Note: An earlier version of this post included information about the Moot Court Competition. This event has been cancelled due to the Coronavirus Disease 2019 (COVID-19). Read more here.
In addition, the Liberty Bell Award Subcommittee of the Young Lawyers Division’s Law Week/Liberty Bell Committee is seeking nominations for the Liberty Bell Award to be presented at the Law Day Ceremony on May 1, 2020. As we celebrate the sixty-second anniversary of Law Day and this year’s theme of “Your Vote, Your Voice, Our Democracy: The 19th Amendment at 100,” we encourage submissions reflecting the theme in our State. The nominee should be someone who exemplifies lifelong service to the law in North Carolina and the 2020 Law Day theme. We request that full information be given about each candidate’s qualifications, including a resume or brief description of the nominee’s career accomplishments and service to North Carolina. Many districts choose to get together and vote on one or more nominees, while others do so less formally. Additionally, individual members of the Bar or non-attorneys may nominate candidates. We encourage all districts statewide to participate. A Nomination Form is available. Any name(s) that you or members of your district wish to present should be postmarked and mailed c/o Leila A. Hicks, 280 S. Mangum St., Suite 400, Durham, NC 27701 or emailed to Leila Hicks no later than Friday, March 20, 2020, for presentation to the committee.
Don’t Forget About Cyber Hygiene During Coronavirus (COVID-19) Outbreak
Paralegal DivisionAlicia Chestler
Alexandria Murphy
This article was originally published in Corporate Counsel magazine and is republished with permission from Baker Donelson.
By Alicia L. Chestler, CIPP/US and Alexandria Murphy
As organizations prepare for certain contingency work arrangements in response to the coronavirus (COVID-19) outbreak, companies must also focus attention on ensuring appropriate cyber hygiene. Companies are anticipating more individuals working remotely from the safety of their own homes to avoid contracting the virus and other companies are planning for potential quarantines and school closings. The flexibility of working remotely, however, involves real cybersecurity risks that companies should be aware of and work to mitigate in the face of the COVID-19 outbreak. With increased remote work, there is increased risk of employees accessing data through unsecured and unsafe Wi-Fi networks, using personal devices to perform work, and not following general security protocols established by the company. As individuals are approved or otherwise authorized to work remotely, there must be a multi-departmental focus on maintaining proper controls. Management should be coordinating with the Human Resources (HR) and Information Technology (IT) departments to establish security controls and ensure employees are properly trained on those controls in the remote work context.
Read more
Hall of Fame Recognition
Senior Lawyers DivisionMembership in the Legal Practice Hall of Fame is a significant recognition by the North Carolina Bar Association of the lifelong achievements of lawyers who have practiced in North Carolina for thirty years or more. Started in 1989 as the General Practice Hall of Fame, this recognition has now been afforded to 164 members of the Association.
The deadline for nominations for the Legal Practice Hall of Fame is March 20. Access the nomination form here.
Senior Lawyers Division chair Bruce Huggins believes these recipients “truly represent the best of our profession in excellence of practice, professionalism, courtesy and community service.” “The Senior Lawyers Division is honored to have assumed the responsibility to select the recipients of this award beginning in 2019,” says Chairman Huggins.
Read more
A Message from the Chair of the NCBA Privacy and Data Security Section
Privacy and Data SecurityBy Alex Pearce
Greetings Privacy and Data Security Section members! It’s hard to believe we’re more than halfway through our inaugural year as a Section.
Following the Section Council’s February meeting, I wanted to provide an update on the Section’s activities and highlight some opportunities for members to get involved in the Section’s work.
Annual Meeting and CLE – Planners Needed
On October 24, 2019 the Section held its first Annual Meeting and CLE at the Bar Center in Cary. The meeting was jam-packed with useful content and was well-received by attendees. Thanks again to the speakers and to Karin McGinnis and Kate Kliebert, the co-chairs of the CLE committee, for their work in making the program a resounding success.
Read more
Annual Meeting and Upcoming Event
Antitrust & Complex Business Disputes LawBy John P. Marshall
Dear Section Members,
The Antitrust & Complex Business Disputes Law Section Annual Meeting and CLE was held on February 13, 2020 at the Bar Center in Cary. As usual, the event was well attended with almost 150 people attending in person or online. Topics included an analysis of the Economic Loss Rule, enforcement of Antitrust laws from those that enforce them, business valuation issues, ethical issues arising in small business disputes and receiverships. The highlight of the day was the Business Court Judges Panel Discussion which was attended by all five of the state’s Business Court Judges.
The CLE was wonderfully planned by Tom Segars of Ellis & Winters, LLP. Special thanks to our presenters and moderators Katie Burchette, Fred Monroe, Greg Skidmore, Catherine Arrowood, Stephen Carey, Sarah Clayton, Vic Domen, George Hawkins, Deborah Hylton, Catherine Lawson, Scottie Lee, Ryan Quillian and George Sanderson. Of course, a big thank you also is extended to Judges Bledsoe, Gale, McGuire, Conrad and Robinson for their always instructive and educational panel discussion on the Business Court. If you missed the CLE, we highly encourage you to catch a replay.
Read more
North Carolina Resources: COVID-19
International Law, International Law & Practice, International PracticeBy Jill D. Moore
The University of North Carolina at Chapel Hill School of Government continues to monitor COVID-19 and has created the following website for North Carolina-specific resources: https://www.sog.unc.edu/resources/microsites/north-carolina-public-health-law/nc-legal-resources-coronavirus-disease-2019-covid-19. The website will be updated regularly with new resources.
Spring Is in the Air!
Workers' Compensation SectionI am starting to see signs of spring, and it brings a smile to my face. The blooming daffodils, budding trees, and green grass are harbingers of warmer weather and more opportunities to get to leave our desks and enjoy some time outdoors.
Before skipping straight into the spring and the upcoming opportunities it will bring, I wanted to take a moment to quickly reflect on the Workers’ Compensation Section’s CLE and Annual Meeting, which was held on February 6 and 7 at the Grandover Resort.
As anyone who was able to attend can confirm, the two days of CLE were well-attended, and the presentations were across-the-board informative and educational. We had a total of 262 attendees, which is more than have attended in the past two years . . . it was literally standing room only on Thursday morning! A great deal of thanks is owed to Sarah Blair and Cameron Simmons and all the speakers, who took their time to plan, prepare and present at the CLE. Also, I want to thank the folks at the Bar Association who handled the bulk of the logistics for the program.
Read more
Interesting Reads for GPS Members
Government & Public Sector“Resources for Reliable Information on Coronavirus in North Carolina.” By Jill Moore, March 2, 2020, Coates’ Canons: NC Local Government Law. From the Article: “The School of Government is compiling resources about North Carolina communicable disease law and the COVID-19 outbreak on its North Carolina Public Health Law microsite. This direct link will take you to those resources. Because I have been receiving a number of questions about North Carolina isolation and quarantine law, the resources include free access to a 2017 book chapter that I wrote on that subject–click here for North Carolina Communicable Disease Law Chapter 6, Isolation and Quarantine Law. The chapter provides an overview of state law but is not specific to the current outbreak.”
“How Will We Know if COVID-19 is in North Carolina? A Look at the State’s Communicable Disease Reporting Laws.” By Jill Moore, March 2, 2020, Coates’ Canons: NC Local Government Law. From the Article: “North Carolina has laws that require health care professionals (and sometimes others) to notify public health officials when they know or suspect that a patient has a condition or disease that has been designated ‘reportable.’ COVID-19 is now reportable in North Carolina. Health care providers who have patients with suspected or confirmed COVID-19 should notify their local health department or the NC Division of Public Health’s Communicable Disease Branch immediately. This post reviews the North Carolina laws that address communicable disease reporting.”
Read more
The Legal Consequences of COVID-19 on Your Contracts: Force Majeure in Different Jurisdictions and Industries, and Some Practical Guidance
International Law & Practice, International PracticeThis article has been republished with permission from K&L Gates.
By Christopher Tung
INTRODUCTION
The novel coronavirus (“COVID-19”) outbreak has resulted in robust mitigation and containment measures being taken by countries around the world and is having significant and broadening negative impacts on business activities. From a legal perspective, these negative impacts may make it difficult or impossible for parties to a contract to perform their obligations. However, a great deal depends on the nature of the event and its impact on the specific contract and its performance by the parties.
With the COVID-19 outbreak, the virus and associated actions to contain it are affecting countries and industries differently. The high number of infections in the People’s Republic of China (“PRC”) has caused the government authorities there to take strong measures which have substantially disrupted and decreased economic activity. Travel into and out of the PRC has been restricted, and international supply chains have been disrupted. Similar measures may be taken by an increasing number of countries before the outbreak finally subsides.
Read more
Administrative Law Related Articles of Interest
Administrative LawAdministrative Law Related Articles of Interest*
Members of the Administrative Law section found the following recent third party articles to be of potential interest to the section. Feel free to reach out to the section communications committee if you would like to submit either personally written pieces or other third party articles that would be of interest to the section’s members.
The Trooper and the Hat—A Fable for Our Time, Robert Edmunds, February 24, 2020.
This NC Appellate Practice blog article includes discussion of the societal ethical issues underlying the facts in the recent Court of Appeals decision in the Wetherington case.
Legislators plan to rein in local permitting for developments, Kirk Ross, March 3, 2020.
This Carolina Public Press article reports on the first meeting of a new House Select Committee on Residential Planning and Permitting that is looking at further reduction in local governments’ authority.
Read more