“Don’t Forget the States.” By Kathryn Watts, Feb. 5, 2020, Administrative Law Jotwell. From the Article: “Largely missing from this scholarly discourse, however, has been a focus on the important role that the states can and have played in both furthering—and counteracting—presidential administration. In her forthcoming article titled Administrative States: Beyond Presidential Administration, Professor Jessica Bulman-Pozen seeks to remedy this scholarly void. Specifically, Professor Bulman-Pozen seeks to bring the states into the modern day account of presidential administration.”
“Planning Boards Inclusion Report.” By Allen Buansi, UNC Center for Civil Rights. From the Report: “There are 100 counties in North Carolina, and 92 of those counties have planning boards. The Center was able to interview with staff from 85 of the 92 counties. This report focused on the following three aspects of county planning boards: (1) powers and duties, (2) member selection procedures; and (3) racial, ethnic and gender representation.”
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.pngGovernmentandPublicSector2020-02-14 10:03:272020-02-19 16:39:55Weekly Roundup: Interesting Reads for GPS Members
The court opinions have been sparse lately, and none of them are earth shattering. But here they are:
Davis v. NC Dep’t of Health & Hum. Servs., No. COA19-449 (N.C. App. Dec. 17, 2019) (unpublished) (Human Resources Act): DHHS terminated Davis for manually lifting a patient from his wheelchair to his bed in violation of specific medical orders. While Davis’s actions provide the just cause needed for discipline, DHHS previously suspended a similarly situated employee for the same conduct. Due to the different treatment of similarly situated employees, the court of appeals upheld the ALJ’s ruling to reinstate Davis and suspend her for two days.
Brown v. Fayetteville State Univ., No. COA19-13 (N.C. App. Jan. 7, 2020) (Human Resources Act): The court of appeals holds that the after-acquired-evidence doctrine first announced in McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 (1995), may be used in contested cases under the Human Resources Act. The McKennon rule does not eliminate liability; it only limits the remedy of an employee who was wrongfully discharged.
Art MacCord is a patent attorney with 40 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. Find his latest updates here:
NCBA IPL Section Blog News Blasts for Feb. 11, 2020
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2020-02-12 11:31:072020-02-19 16:37:38MacCord’s List: IP News & Notices From Art MacCord
On Saturday, March 21, 2020, the Minorities in the Profession Committee (“MIP”) of the North Carolina Bar Association will host the 6th Annual Minority Pre-Law Conference: “Putting the Pieces Together: Is Law School the Right Fit?” This year’s conference will take place from 8:30 a.m. until 3 p.m. at Duke University School of Law in Durham, North Carolina and will feature a keynote address from Duke Law alumnus and Durham County District Attorney, the Honorable Satana Deberry. The program is open to all minority middle school, high school, and college students, who are interested in attending law school. And, most importantly, it’s FREE!
What is the MIP Minority Pre-Law Conference?
The MIP Minority Pre-Law Conference is a program designed to empower minority students with the knowledge and tools necessary to successfully navigate the journey of becoming a lawyer. Despite the increasing focus on diversity and inclusion in the legal profession, law remains the least diverse profession in the nation. Students from underrepresented backgrounds may not have lawyers in their families or communities, which makes it difficult to see oneself as a lawyer. The lack of insight about the application process, LSAT, and financial aid also may deter some students. The Minority Pre-Law Conference provides students with valuable information, resources, and contacts to help them better understand their options and overcome these obstacles.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA MIPhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA MIP2020-02-12 11:11:582022-10-24 13:02:45Join Us for The Sixth Annual MIP Minority Pre-Law Conference
Your client bought into an existing business after reviewing the books, which showed a six-figure net revenue. He was shown letters of intent from eight new customers promising to double that figure in a year. Unfortunately, it was all a sham; the business had not actually turned a profit since 2015. Your client has a slam dunk fraud claim and will easily be awarded punitive damages.
After negotiating a substantial contingency fee, you plead every cause of action you can come up with: breach of contract, fraud, unfair and deceptive practices, negligence, negligent misrepresentation, breach of fiduciary duty, etc. You collect dozens of boxes of documentary evidence, depose former employees, the defendant, his wife, and the manager of the casino in Atlantic City where they blew your client’s “investment” playing craps.
After the defendant knocked out a few of your claims prior to the trial, opening arguments begin. Two weeks of testimony later, you are sitting with a coy smile as the superior court judge reads the pattern jury instructions to the twelve good folks who will certainly see through the defendant’s fairy-tale and award your client a hefty judgment. They do, of course, and after just three minutes.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2020-02-12 10:25:152020-02-19 16:23:25Shielding Fraud Judgments from Discharge: Making your Case Before the Petition Date
Join your friends of the Workers’ Compensation Section for a baseball blast on April 23, 2020 in Greensboro.
Baseball, beer, and brats. Or, barbecue if you prefer a different alliteration. Nothing speaks the rite of passage into spring or summer quite like those delicious items. When combined with the company of good friends from the Workers’ Compensation Section of the Bar, the recipe is perfect; or at least it was last spring when we gathered for fellowship at BB&T baseball field in Charlotte for a Knights game. My crew arrived early, as I enjoy the pregame rituals of baseball. And we wanted to make sure to sample the wares of bar and buffet early and often. The beer was cold (and there were several craft offerings), and the food tasty. In addition to the traditional barbecue and brats, there were wings and a taco bar. Literally, something for everyone. And did I mention the beer was cold and good?
The home team won, yet that was not the point. None of my girls caught a foul ball, although a couple of them did scurry away from a few. My family had a delightful time, and by all appearances, so did the others who joined us for the evening. Some of our colleagues even offered the outing as a little recreational time for their staff. A good time for all.
Prior to law school, I was the epitome of a healthy person. I ate right, I exercised almost every day, I slept well, and I was well hydrated. I ate all the colors of the rainbow with mostly a plant-based diet and with very little, if any, meat or dairy. I drank about a hundred ounces of water every day, I never drank coffee, and I very rarely drank soda. My vitals were excellent, with no problems with cholesterol, heart rate, or blood pressure. I exercised at least six days a week. I ran, lifted weights, swam, or practiced yoga. I loved my running community, and I participated in several long-distance races, including several triathlons, and a marathon.
During the first year of law school, a group of other law students and I would go on weekly runs, but all other aspects of my healthy lifestyle quickly went to the back burner. I needed caffeine to keep me focused on the hours upon hours of reading needed for class. I started skipping workouts to make time for projects and homework. Further, I would eat anything that was put in front of me because I did not have time to plan for meals or to cook.
The Section’s Council wants to ensure that administrative law practitioners are aware of pro bono opportunities available to them. The Section Council has worked with the Office of Administrative Hearings (OAH) over the years on pro bono opportunities. One goal of the Section’s pro bono committee this year is to compile a list of attorneys across the state who have an interest in handling OAH cases on a pro bono basis. An updated list will be an invaluable tool to help connect our Section’s great attorneys with persons in need of pro bono services before OAH. You can specify a particular type of case that you are willing to handle pro bono in OAH.
If you would like to be included on the pro bono list we are compiling, you can respond directly to me. I can be reached at Ott Cone & Redpath, P.A., 336-373-1300, [email protected].
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.pngAdministrative2020-02-07 12:58:322020-02-19 16:20:41Administrative Law Pro Bono Opportunities
“IRS outlines new tax law effect on tax exempt organizations.” Jan. 28, 2020, IRS. From the Article: “The Internal Revenue Service wants tax-exempt organizations to know about recent tax law changes that might affect them. The Taxpayer Certainty and Disaster Tax Relief Act, passed on December 20, 2019, includes several provisions that may apply to tax-exempt organizations’ current and previous tax years.”
“Attorney General Josh Stein Sues to Prevent Release of 3-D Firearm Files.” Jan. 24, 2020, N.C. Department of Justice. From the Press Release: “Attorney General Josh Stein joined a federal lawsuit to challenge the federal government’s latest effort to allow 3-D printed firearm blueprints to be released online. These files would allow plug-and-play access to 3-D printed unregistered, untraceable, hard-to-detect firearms, also known as ‘ghost guns.'”
“City Obligations for Providing Services to Annexed Areas.” By Frayda Bluestein, Jan. 30, 2020, UNC School of Government. Questions Presented in the Article: “What services must be provided to annexed areas? Is there a standard level of services that a city must meet? If a city provides utilities, does the law require a city to extend those utilities to all satellite areas?”
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.pngGovernmentandPublicSector2020-02-07 09:52:122020-02-19 16:19:32Weekly Roundup: Interesting Reads for GPS Members
If you’re looking to learn more about new Chapter 160D of the North Carolina General Statutes (effective 2021), David Owens and Adam Lovelady with the UNC School of Government have created a good website that links to a number of resources on new Chapter 160D, including cross-over charts and an annotated version of 160D. Even if you attended presentations on 160D through the ZPLU section or the School of Government’s 160D Regional Workshops, this website provides useful information and resources that will be valuable as we head into the transition to 160D.
(For the uninitiated, new Chapter 160D will be the state’s new chapter on local zoning and development regulation starting in 2021. It consolidates and relocates the current statutes for local zoning and development regulations that are now located in Chapters 153A and 160A.)
Weekly Roundup: Interesting Reads for GPS Members
Government & Public Sector“Don’t Forget the States.” By Kathryn Watts, Feb. 5, 2020, Administrative Law Jotwell. From the Article: “Largely missing from this scholarly discourse, however, has been a focus on the important role that the states can and have played in both furthering—and counteracting—presidential administration. In her forthcoming article titled Administrative States: Beyond Presidential Administration, Professor Jessica Bulman-Pozen seeks to remedy this scholarly void. Specifically, Professor Bulman-Pozen seeks to bring the states into the modern day account of presidential administration.”
“Planning Boards Inclusion Report.” By Allen Buansi, UNC Center for Civil Rights. From the Report: “There are 100 counties in North Carolina, and 92 of those counties have planning boards. The Center was able to interview with staff from 85 of the 92 counties. This report focused on the following three aspects of county planning boards: (1) powers and duties, (2) member selection procedures; and (3) racial, ethnic and gender representation.”
Read more
Appellate Update
Labor & Employment LawThe court opinions have been sparse lately, and none of them are earth shattering. But here they are:
Davis v. NC Dep’t of Health & Hum. Servs., No. COA19-449 (N.C. App. Dec. 17, 2019) (unpublished) (Human Resources Act): DHHS terminated Davis for manually lifting a patient from his wheelchair to his bed in violation of specific medical orders. While Davis’s actions provide the just cause needed for discipline, DHHS previously suspended a similarly situated employee for the same conduct. Due to the different treatment of similarly situated employees, the court of appeals upheld the ALJ’s ruling to reinstate Davis and suspend her for two days.
Brown v. Fayetteville State Univ., No. COA19-13 (N.C. App. Jan. 7, 2020) (Human Resources Act): The court of appeals holds that the after-acquired-evidence doctrine first announced in McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 (1995), may be used in contested cases under the Human Resources Act. The McKennon rule does not eliminate liability; it only limits the remedy of an employee who was wrongfully discharged.
Read more
MacCord’s List: IP News & Notices From Art MacCord
Intellectual Property Law SectionNCBA IPL Section Blog News Blasts for Feb. 11, 2020
U.S. Patent and Trademark Office releases policy statement on standards-essential patents subject to voluntary F/RAND commitments.
The U.S. Copyright Office will host its seventh public modernization webinar on Wednesday, Feb. 26, 2020, at 12 p.m. eastern time.
Join Us for The Sixth Annual MIP Minority Pre-Law Conference
Minorities In the ProfessionOn Saturday, March 21, 2020, the Minorities in the Profession Committee (“MIP”) of the North Carolina Bar Association will host the 6th Annual Minority Pre-Law Conference: “Putting the Pieces Together: Is Law School the Right Fit?” This year’s conference will take place from 8:30 a.m. until 3 p.m. at Duke University School of Law in Durham, North Carolina and will feature a keynote address from Duke Law alumnus and Durham County District Attorney, the Honorable Satana Deberry. The program is open to all minority middle school, high school, and college students, who are interested in attending law school. And, most importantly, it’s FREE!
What is the MIP Minority Pre-Law Conference?
The MIP Minority Pre-Law Conference is a program designed to empower minority students with the knowledge and tools necessary to successfully navigate the journey of becoming a lawyer. Despite the increasing focus on diversity and inclusion in the legal profession, law remains the least diverse profession in the nation. Students from underrepresented backgrounds may not have lawyers in their families or communities, which makes it difficult to see oneself as a lawyer. The lack of insight about the application process, LSAT, and financial aid also may deter some students. The Minority Pre-Law Conference provides students with valuable information, resources, and contacts to help them better understand their options and overcome these obstacles.
Read more
Shielding Fraud Judgments from Discharge: Making your Case Before the Petition Date
BankruptcyYour client bought into an existing business after reviewing the books, which showed a six-figure net revenue. He was shown letters of intent from eight new customers promising to double that figure in a year. Unfortunately, it was all a sham; the business had not actually turned a profit since 2015. Your client has a slam dunk fraud claim and will easily be awarded punitive damages.
After negotiating a substantial contingency fee, you plead every cause of action you can come up with: breach of contract, fraud, unfair and deceptive practices, negligence, negligent misrepresentation, breach of fiduciary duty, etc. You collect dozens of boxes of documentary evidence, depose former employees, the defendant, his wife, and the manager of the casino in Atlantic City where they blew your client’s “investment” playing craps.
After the defendant knocked out a few of your claims prior to the trial, opening arguments begin. Two weeks of testimony later, you are sitting with a coy smile as the superior court judge reads the pattern jury instructions to the twelve good folks who will certainly see through the defendant’s fairy-tale and award your client a hefty judgment. They do, of course, and after just three minutes.
Read more
Baseball, Beer, and Brats
Workers' Compensation SectionBy Reid McGraw
Join your friends of the Workers’ Compensation Section for a baseball blast on April 23, 2020 in Greensboro.
Baseball, beer, and brats. Or, barbecue if you prefer a different alliteration. Nothing speaks the rite of passage into spring or summer quite like those delicious items. When combined with the company of good friends from the Workers’ Compensation Section of the Bar, the recipe is perfect; or at least it was last spring when we gathered for fellowship at BB&T baseball field in Charlotte for a Knights game. My crew arrived early, as I enjoy the pregame rituals of baseball. And we wanted to make sure to sample the wares of bar and buffet early and often. The beer was cold (and there were several craft offerings), and the food tasty. In addition to the traditional barbecue and brats, there were wings and a taco bar. Literally, something for everyone. And did I mention the beer was cold and good?
The home team won, yet that was not the point. None of my girls caught a foul ball, although a couple of them did scurry away from a few. My family had a delightful time, and by all appearances, so did the others who joined us for the evening. Some of our colleagues even offered the outing as a little recreational time for their staff. A good time for all.
Read more
My Wellness Journey
Young Lawyers DivisionPrior to law school, I was the epitome of a healthy person. I ate right, I exercised almost every day, I slept well, and I was well hydrated. I ate all the colors of the rainbow with mostly a plant-based diet and with very little, if any, meat or dairy. I drank about a hundred ounces of water every day, I never drank coffee, and I very rarely drank soda. My vitals were excellent, with no problems with cholesterol, heart rate, or blood pressure. I exercised at least six days a week. I ran, lifted weights, swam, or practiced yoga. I loved my running community, and I participated in several long-distance races, including several triathlons, and a marathon.
During the first year of law school, a group of other law students and I would go on weekly runs, but all other aspects of my healthy lifestyle quickly went to the back burner. I needed caffeine to keep me focused on the hours upon hours of reading needed for class. I started skipping workouts to make time for projects and homework. Further, I would eat anything that was put in front of me because I did not have time to plan for meals or to cook.
Read more
Administrative Law Pro Bono Opportunities
Administrative LawBy Stephen J. White
The Section’s Council wants to ensure that administrative law practitioners are aware of pro bono opportunities available to them. The Section Council has worked with the Office of Administrative Hearings (OAH) over the years on pro bono opportunities. One goal of the Section’s pro bono committee this year is to compile a list of attorneys across the state who have an interest in handling OAH cases on a pro bono basis. An updated list will be an invaluable tool to help connect our Section’s great attorneys with persons in need of pro bono services before OAH. You can specify a particular type of case that you are willing to handle pro bono in OAH.
If you would like to be included on the pro bono list we are compiling, you can respond directly to me. I can be reached at Ott Cone & Redpath, P.A., 336-373-1300, [email protected].
Read more
Weekly Roundup: Interesting Reads for GPS Members
Government & Public Sector“IRS outlines new tax law effect on tax exempt organizations.” Jan. 28, 2020, IRS. From the Article: “The Internal Revenue Service wants tax-exempt organizations to know about recent tax law changes that might affect them. The Taxpayer Certainty and Disaster Tax Relief Act, passed on December 20, 2019, includes several provisions that may apply to tax-exempt organizations’ current and previous tax years.”
“Attorney General Josh Stein Sues to Prevent Release of 3-D Firearm Files.” Jan. 24, 2020, N.C. Department of Justice. From the Press Release: “Attorney General Josh Stein joined a federal lawsuit to challenge the federal government’s latest effort to allow 3-D printed firearm blueprints to be released online. These files would allow plug-and-play access to 3-D printed unregistered, untraceable, hard-to-detect firearms, also known as ‘ghost guns.'”
“City Obligations for Providing Services to Annexed Areas.” By Frayda Bluestein, Jan. 30, 2020, UNC School of Government. Questions Presented in the Article: “What services must be provided to annexed areas? Is there a standard level of services that a city must meet? If a city provides utilities, does the law require a city to extend those utilities to all satellite areas?”
Read more
Good Resource on 160D
Zoning Planning & Land Use SectionIf you’re looking to learn more about new Chapter 160D of the North Carolina General Statutes (effective 2021), David Owens and Adam Lovelady with the UNC School of Government have created a good website that links to a number of resources on new Chapter 160D, including cross-over charts and an annotated version of 160D. Even if you attended presentations on 160D through the ZPLU section or the School of Government’s 160D Regional Workshops, this website provides useful information and resources that will be valuable as we head into the transition to 160D.
(For the uninitiated, new Chapter 160D will be the state’s new chapter on local zoning and development regulation starting in 2021. It consolidates and relocates the current statutes for local zoning and development regulations that are now located in Chapters 153A and 160A.)