We are into the new year, and we’ve already seen several states introduce comprehensive privacy legislation on the heels of California’s Consumer Privacy Act (CCPA). It is no easy task to stay on top of (potentially) 50 different privacy requirements, each with differing applicability standards, definitions, requirements, obligations, and enforcement mechanisms. Cue this series of articles—meant to address developments at the state and (dare we say with fingers crossed) federal level.
Because these bills are coming fast and furious, we are going to focus on the five states that were first “out of the gate” to file their consumer privacy bills in the first two weeks of the new year: Illinois, Nebraska, New Hampshire, Virginia and Washington. We will continue to monitor additional legislation, so please check back for updates and developments.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CorporateCounselhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCorporateCounsel2020-02-26 15:08:532020-02-26 16:08:33Tracking Privacy: State Developments to Keep an Eye On
On March 31, the National Association of District Export Councils is hosting a webinar from 1-2 p.m. EST on China’s Belt and Road Initiative. Cost is $35 and more information can be found here.
CHINA’S BELT AND ROAD INITIATIVE
Update on Business, National Security and Geopolitical Impact
The National Association of District Export Councils (NADEC) is pleased to invite you to hear from experts on the China Belt and Road Initiative (BRI), a massive global development strategy involving infrastructure development and investments now in some 152 countries. Participants include international organizations and countries throughout Asia, Europe, Africa, the Middle East, the Pacific islands, and the Americas (Central and South). In addition to an update on BRI’s progress across the world, the impact of the Coronavirus pandemic on trade and investment will be discussed.
This program is the first in a series of three presented by the NADEC and is intended to provide the participant with a comprehensive overview of the BRI’s true magnitude and its potential control of global commerce.
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 Practice2020-02-26 09:07:262020-03-03 09:08:39Webinar Opportunity: Learn About China's One Belt, One Road Initiative
Dear Members of the Antitrust and Complex Business Disputes Section:
I hope that everyone enjoyed the Annual Section Meeting and CLE on February 13th—thanks to Tom Segars, Jenna Butler, and everyone else involved in putting on such a great event. As Jenna mentioned at the Meeting, the ACBD Pro Bono Committee is pleased to announce a new initiative to provide resources to help North Carolinians protect their privacy. Privacy issues are an increasingly important topic today and we are excited to do our part in educating the public about how to avoid and deal with this problem.
Our privacy protection initiative involves two parts. First, we have developed a privacy protection brochure that provides information and identifies resources regarding identity theft, unwanted texts and emails, and other privacy issues. Printed copies of the brochure have been delivered to over 120 public libraries and legal aid centers throughout North Carolina. The Committee has received a grant from the North Carolina Bar Foundation to assist with this effort—we greatly appreciate their support.
Second, we have developed a comprehensive presentation regarding identity theft, which can be found here. This presentation is intended to be a resource for use by our members during community events or in other settings where identity theft and privacy issues are discussed.
The ACBD section is excited about continuing its tradition of pro bono involvement. If you would like to learn more about this important initiative or have thoughts on other pro bono efforts, please feel free to contact me at [email protected].
The Minorities in the Profession Committee’s 1L Summer Associate Program (1L SAP) held its Interview Day at Ward and Smith’s Raleigh office on Thursday, February 13. After a marathon day of interviews, eleven talented 1Ls were matched with participating firms and companies. Participating employers this year were Cranfill Sumner & Hartzog LLP; Duke Energy Corporation; Jackson Lewis P.C.; K&L Gates LLP; Lawyers Mutual Insurance Company; Passport Labs, Inc.; Poyner Spruill LLP; Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP; Spilman Thomas & Battle, PLLC; Ward and Smith, P.A.; and Wyrick Robbins Yates & Ponton LLP. Click here for additional coverage and click here to access photos from the event.
Court website description: prayer for judgment continued; conviction under N.C.G.S. 58-2-69; adjudication of guilt
NCDOI received an anonymous complaint that its licensee (plaintiff) had been convicted of assault. Plaintiff was found guilty of simple assault in a district court bench trial, followed by entry of a prayer for judgment continued upon payment of court costs. He did not make a mandatory report to DOI regarding the conviction. His attorney advised him that he need not report to DOI because “the district court had entered a PJC,” and “there had been no adjudication of guilt, plea of guilty, or plea of no contest.” A DOI hearing officer considered Petitioner’s reliance on advice of counsel. The hearing officer imposed a $100 civil rather than suspending or revoking Petitioner’s license.
On appeal by plaintiff, a Superior Court judge affirmed the hearing officer’s order. The Court of Appeals noted that the DOI statute specified that “conviction” “includes an adjudication of guilt, a plea of guilty, or a plea of nolo contendere.” The Court’s opinion cites to administrative law cases in its thorough discussion of “adjudication of guilt” in the context of whether a PJC with cost payment is an adjudication of guilt or entry of judgment. The Court affirms the trial court’s order.
Domination is potently feared by most people. The concept of an unfair exertion of power over a group or an individual by an entity is menacing because it can be arbitrary and unjust, and can make the recipient feel an overwhelming sense of helplessness. The beauty of the modern world is that we have the ability to decide how to live our lives. In the same way that the principle of manifest destiny was integral to the expansion of the United States, the freedom to make our fate with our own hands is crucial to achieving a positive sense of well-being. It is disheartening when a person can dominate you in a situation, but it is soul-crushing when a person perceives that a system is set up to have a power imbalance that harms them.
That is what I witnessed during my time at the courthouse. As a Judicial Assistant who worked in the Civil, Criminal, and Family Courts, I would see an assemblage of individuals who were dismayed with their experience within the judicial system. Some litigants’ reaction to a missed deadline or court date was a mixture of dread, frustration, and melancholia due to the belief that this was the only way to achieve their objectives. In my capacity as a court official, I could only provide procedure information and a soothing demeanor. I yearned to make a more meaningful impact.
In December of 2019, Rebecca A. Edwards was hired as Deputy General Counsel at Global Knowledge Learning LLC, an IT training company based in Cary. Edwards obtained a bachelor’s degree in English, with honors, from UNC Chapel Hill and a Juris Doctorate, cum laude, from Campbell Law School. As a member of the North Carolina Bar Association, Edwards has chaired the Family Law Council Children’s Issues Committee and served as co-chair for this committee. Edwards was a North Carolina State Bar Certified paralegal before working as a lawyer in private practice for several years. At Wake Family Law Group, she practiced in family law litigation and negotiation. In 2019, she ran for District Court judge in Wake County. Edwards has volunteered as part of the North Carolina Bar Foundation’s 4All Statewide Service Day and as Guardian ad Litem for children in the care of Wake County Human Services.
In January of 2020, Shannon Joseph was named partner of Morningstar Law Group. Before joining the firm, Joseph served as a Superior Court judge and a North Carolina Administrative judge. With years of experience in private practice, Joseph was a litigator for commercial disputes and business law. Her areas of emphasis are representing businesses and individuals in dispute resolution. Joseph is a DRC Certified Superior Court Mediator. Joseph obtained her Bachelor of Arts in English at Wofford College, cum laude, and her Juris Doctorate at Wake Forest University School of Law.
Steven Newton, II, was recently promoted from associate partner to principal at Nicholls & Crampton, P.A. He obtained his bachelor’s degree in political science and philosophy at UNC Chapel Hill and a joint Juris Doctorate / Master’s in Business Administration from Campbell Law School in 2012. Newton graduated magna cum laude from Campbell. Newton previously worked as a judicial law clerk for the Honorable Stephani W. Humrickhouse, judge of the United States Bankruptcy Court for the Eastern District of North Carolina.
4ALL Statewide Service Day — Have Fun with Your Peers and Experience the Rewards of Serving Together
Hi Family Law Section Members!
We’ve circled back around to the time of year where we all get to participate in the 4ALL Statewide Service Day. This year, the 4ALL Statewide Service Day will be held on March 6, 2020 from 7 a.m.-7 p.m. in the following cities: Asheville, Charlotte, Fayetteville, Greensboro, Greenville, Raleigh, and Wilmington. For those who have participated in the past, you know that this is an enjoyable and rewarding way to use our legal skills to help the general population with some of their most pressing legal questions, many of which are family-law related. For those who have not yet participated, I encourage you to try it this year! You’ll be glad you did!
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.pngFamilyLaw2020-02-22 22:03:532020-02-26 12:14:484ALL Statewide Service Day
Looking to become more involved in the NCBA Dispute Resolution Section? The following section committees are seeking contributors:
Communications/Website/Social Media Committee: Do you have special skills with social media, a communications degree you never got to use, or a secret interest in blogging? If so, the Communications Committee could use your help sharing ADR stories, cases, tips, and methods via short blog posts. One or two anecdotal paragraphs (and a picture) go a long way. Please contact Ketan Soni ([email protected]) with your ideas and interest in getting involved.
CLE Committee: Each year our section hosts a six-hour CLE conference and annual meeting. (We hope you will join us for our annual conference this year at Pinehurst on March 12, 2020!) Come April, we will be ready to begin the process of organizing CLE topics and speakers for our next annual meeting, and the CLE Committee could use your help. If you enjoy event planning or have ideas for themes, topics, and speakers, please contact Deb Dilman ([email protected]) to join the CLE Committee planning our 2021 event.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2020-02-22 21:58:532020-02-26 12:15:12From the Council – Section Committee Opportunities
“Everything you wanted to know about nonprofits and elections…but were afraid to ask.” By David Heinen, North Carolina Center for Nonprofits. From the Article: “As yard signs are beginning to show up in lawns across North Carolina in preparation for the March 3 primary election, the North Carolina Center for Nonprofits has been fielding many questions about the types of election-related activities nonprofits can and can’t do. To save you the trouble of a phone call or email, we’re sharing some thoughts (and even a few answers!) on some of the most common questions we’re hearing.”
“Argument preview: Justices to consider whether the Appalachian Trail blocks proposed natural gas pipeline.” By Noah Sachs, February 18, 2020, SCOTUSblog. From the Article: “On Monday, February 24, the Supreme Court will hear argument in U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association. These consolidated cases pit a pipeline developer and the U.S. Forest Service against environmental groups that want to halt the pipeline’s construction and protect the Appalachian Trail.”
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.pngGovernmentandPublicSector2020-02-21 10:11:162020-03-10 16:03:51Weekly Roundup: Interesting Reads for GPS Members
Tracking Privacy: State Developments to Keep an Eye On
Corporate CounselErin Jane Illman
Rachel LaBruyere
Alicia Netterville
By Erin Jane Illman, Rachel M. LaBruyere and Alicia N. Netterville
We are into the new year, and we’ve already seen several states introduce comprehensive privacy legislation on the heels of California’s Consumer Privacy Act (CCPA). It is no easy task to stay on top of (potentially) 50 different privacy requirements, each with differing applicability standards, definitions, requirements, obligations, and enforcement mechanisms. Cue this series of articles—meant to address developments at the state and (dare we say with fingers crossed) federal level.
Because these bills are coming fast and furious, we are going to focus on the five states that were first “out of the gate” to file their consumer privacy bills in the first two weeks of the new year: Illinois, Nebraska, New Hampshire, Virginia and Washington. We will continue to monitor additional legislation, so please check back for updates and developments.
Read more
Webinar Opportunity: Learn About China’s One Belt, One Road Initiative
International Law, International Law & Practice, International PracticeOn March 31, the National Association of District Export Councils is hosting a webinar from 1-2 p.m. EST on China’s Belt and Road Initiative. Cost is $35 and more information can be found here.
CHINA’S BELT AND ROAD INITIATIVE
Update on Business, National Security and Geopolitical Impact
The National Association of District Export Councils (NADEC) is pleased to invite you to hear from experts on the China Belt and Road Initiative (BRI), a massive global development strategy involving infrastructure development and investments now in some 152 countries. Participants include international organizations and countries throughout Asia, Europe, Africa, the Middle East, the Pacific islands, and the Americas (Central and South). In addition to an update on BRI’s progress across the world, the impact of the Coronavirus pandemic on trade and investment will be discussed.
This program is the first in a series of three presented by the NADEC and is intended to provide the participant with a comprehensive overview of the BRI’s true magnitude and its potential control of global commerce.
Read more
Pro Bono Initiative – Privacy
Antitrust & Complex Business Disputes LawDear Members of the Antitrust and Complex Business Disputes Section:
I hope that everyone enjoyed the Annual Section Meeting and CLE on February 13th—thanks to Tom Segars, Jenna Butler, and everyone else involved in putting on such a great event. As Jenna mentioned at the Meeting, the ACBD Pro Bono Committee is pleased to announce a new initiative to provide resources to help North Carolinians protect their privacy. Privacy issues are an increasingly important topic today and we are excited to do our part in educating the public about how to avoid and deal with this problem.
Our privacy protection initiative involves two parts. First, we have developed a privacy protection brochure that provides information and identifies resources regarding identity theft, unwanted texts and emails, and other privacy issues. Printed copies of the brochure have been delivered to over 120 public libraries and legal aid centers throughout North Carolina. The Committee has received a grant from the North Carolina Bar Foundation to assist with this effort—we greatly appreciate their support.
Second, we have developed a comprehensive presentation regarding identity theft, which can be found here. This presentation is intended to be a resource for use by our members during community events or in other settings where identity theft and privacy issues are discussed.
The ACBD section is excited about continuing its tradition of pro bono involvement. If you would like to learn more about this important initiative or have thoughts on other pro bono efforts, please feel free to contact me at [email protected].
Sincerely,
Nathan
MIP Committee Holds Interview Day
Minorities In the ProfessionThe Minorities in the Profession Committee’s 1L Summer Associate Program (1L SAP) held its Interview Day at Ward and Smith’s Raleigh office on Thursday, February 13. After a marathon day of interviews, eleven talented 1Ls were matched with participating firms and companies. Participating employers this year were Cranfill Sumner & Hartzog LLP; Duke Energy Corporation; Jackson Lewis P.C.; K&L Gates LLP; Lawyers Mutual Insurance Company; Passport Labs, Inc.; Poyner Spruill LLP; Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP; Spilman Thomas & Battle, PLLC; Ward and Smith, P.A.; and Wyrick Robbins Yates & Ponton LLP. Click here for additional coverage and click here to access photos from the event.
Read more
Administrative Law Appellate Update
Administrative LawMace v. NC Dep’t of Ins.
Court website description: prayer for judgment continued; conviction under N.C.G.S. 58-2-69; adjudication of guilt
NCDOI received an anonymous complaint that its licensee (plaintiff) had been convicted of assault. Plaintiff was found guilty of simple assault in a district court bench trial, followed by entry of a prayer for judgment continued upon payment of court costs. He did not make a mandatory report to DOI regarding the conviction. His attorney advised him that he need not report to DOI because “the district court had entered a PJC,” and “there had been no adjudication of guilt, plea of guilty, or plea of no contest.” A DOI hearing officer considered Petitioner’s reliance on advice of counsel. The hearing officer imposed a $100 civil rather than suspending or revoking Petitioner’s license.
On appeal by plaintiff, a Superior Court judge affirmed the hearing officer’s order. The Court of Appeals noted that the DOI statute specified that “conviction” “includes an adjudication of guilt, a plea of guilty, or a plea of nolo contendere.” The Court’s opinion cites to administrative law cases in its thorough discussion of “adjudication of guilt” in the context of whether a PJC with cost payment is an adjudication of guilt or entry of judgment. The Court affirms the trial court’s order.
Read more
Why Mediation Matters: A Step Toward Empowerment
Paralegal DivisionDomination is potently feared by most people. The concept of an unfair exertion of power over a group or an individual by an entity is menacing because it can be arbitrary and unjust, and can make the recipient feel an overwhelming sense of helplessness. The beauty of the modern world is that we have the ability to decide how to live our lives. In the same way that the principle of manifest destiny was integral to the expansion of the United States, the freedom to make our fate with our own hands is crucial to achieving a positive sense of well-being. It is disheartening when a person can dominate you in a situation, but it is soul-crushing when a person perceives that a system is set up to have a power imbalance that harms them.
That is what I witnessed during my time at the courthouse. As a Judicial Assistant who worked in the Civil, Criminal, and Family Courts, I would see an assemblage of individuals who were dismayed with their experience within the judicial system. Some litigants’ reaction to a missed deadline or court date was a mixture of dread, frustration, and melancholia due to the belief that this was the only way to achieve their objectives. In my capacity as a court official, I could only provide procedure information and a soothing demeanor. I yearned to make a more meaningful impact.
Read more
Checking In: Feb. 26, 2020
Checking InBy Jessica Junqueira
Statewide Promotions and Hires
In December of 2019, Rebecca A. Edwards was hired as Deputy General Counsel at Global Knowledge Learning LLC, an IT training company based in Cary. Edwards obtained a bachelor’s degree in English, with honors, from UNC Chapel Hill and a Juris Doctorate, cum laude, from Campbell Law School. As a member of the North Carolina Bar Association, Edwards has chaired the Family Law Council Children’s Issues Committee and served as co-chair for this committee. Edwards was a North Carolina State Bar Certified paralegal before working as a lawyer in private practice for several years. At Wake Family Law Group, she practiced in family law litigation and negotiation. In 2019, she ran for District Court judge in Wake County. Edwards has volunteered as part of the North Carolina Bar Foundation’s 4All Statewide Service Day and as Guardian ad Litem for children in the care of Wake County Human Services.
In January of 2020, Shannon Joseph was named partner of Morningstar Law Group. Before joining the firm, Joseph served as a Superior Court judge and a North Carolina Administrative judge. With years of experience in private practice, Joseph was a litigator for commercial disputes and business law. Her areas of emphasis are representing businesses and individuals in dispute resolution. Joseph is a DRC Certified Superior Court Mediator. Joseph obtained her Bachelor of Arts in English at Wofford College, cum laude, and her Juris Doctorate at Wake Forest University School of Law.
Read more
4ALL Statewide Service Day
Family Law Section4ALL Statewide Service Day — Have Fun with Your Peers and Experience the Rewards of Serving Together
Hi Family Law Section Members!
We’ve circled back around to the time of year where we all get to participate in the 4ALL Statewide Service Day. This year, the 4ALL Statewide Service Day will be held on March 6, 2020 from 7 a.m.-7 p.m. in the following cities: Asheville, Charlotte, Fayetteville, Greensboro, Greenville, Raleigh, and Wilmington. For those who have participated in the past, you know that this is an enjoyable and rewarding way to use our legal skills to help the general population with some of their most pressing legal questions, many of which are family-law related. For those who have not yet participated, I encourage you to try it this year! You’ll be glad you did!
Read more
From the Council – Section Committee Opportunities
Dispute Resolution SectionBy Sarah Kromer
Looking to become more involved in the NCBA Dispute Resolution Section? The following section committees are seeking contributors:
Communications/Website/Social Media Committee: Do you have special skills with social media, a communications degree you never got to use, or a secret interest in blogging? If so, the Communications Committee could use your help sharing ADR stories, cases, tips, and methods via short blog posts. One or two anecdotal paragraphs (and a picture) go a long way. Please contact Ketan Soni ([email protected]) with your ideas and interest in getting involved.
CLE Committee: Each year our section hosts a six-hour CLE conference and annual meeting. (We hope you will join us for our annual conference this year at Pinehurst on March 12, 2020!) Come April, we will be ready to begin the process of organizing CLE topics and speakers for our next annual meeting, and the CLE Committee could use your help. If you enjoy event planning or have ideas for themes, topics, and speakers, please contact Deb Dilman ([email protected]) to join the CLE Committee planning our 2021 event.
Read more
Weekly Roundup: Interesting Reads for GPS Members
Government & Public Sector“Everything you wanted to know about nonprofits and elections…but were afraid to ask.” By David Heinen, North Carolina Center for Nonprofits. From the Article: “As yard signs are beginning to show up in lawns across North Carolina in preparation for the March 3 primary election, the North Carolina Center for Nonprofits has been fielding many questions about the types of election-related activities nonprofits can and can’t do. To save you the trouble of a phone call or email, we’re sharing some thoughts (and even a few answers!) on some of the most common questions we’re hearing.”
“Argument preview: Justices to consider whether the Appalachian Trail blocks proposed natural gas pipeline.” By Noah Sachs, February 18, 2020, SCOTUSblog. From the Article: “On Monday, February 24, the Supreme Court will hear argument in U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association. These consolidated cases pit a pipeline developer and the U.S. Forest Service against environmental groups that want to halt the pipeline’s construction and protect the Appalachian Trail.”
Read more