The text of the Order includes changes to mailing and cover sheet requirements that affect any filings you make with North Carolina courts. I am including the tracked changes in this blog post, but you can also see a PDF of the order at the link provided above:
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2020-10-02 10:33:162020-10-05 11:56:41Read Before You File – Supreme Court of North Carolina Amends Rule 5 of the General Rules of Practice
You may be an in-house attorney at an organization subject to specific compliance requirements or you may work at a law firm and handle sensitive client information, including information subject to laws such as the N.C. Identity Theft Protection Act. In either case, you need to show your business partners that data managed by your organization is protected. You, as an attorney in the room, can help your organization or law firm reduce the risk of a high-profile breach or ransomware attack. Read on to learn about technical approaches to address these concerns.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Privacy and Data Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngPrivacy and Data Security2020-10-01 10:55:042020-10-01 16:28:14Worried about Hackers? Take Proactive Measures by Hiring Someone to Test Your Network
Each year, the International Law Section’s Law School Liaison Committee organizes panels of international attorneys to speak to each of the North Carolina Law Schools. This year will be somewhat different as we anticipate that any panels we are able to arrange will be held virtually. The panels are composed of 3-4 international attorneys from our Section who would be willing to speak to law students about their international legal careers and the opportunities in the international legal arena. Many students would like to have an international legal career but don’t know where to start, what the opportunities are, how to prepare, or what to expect. The panelists’ experiences can address these issues in an informal forum. Typically, each panelist would talk for a few minutes about their backgrounds, their international practice, how they got involved in international law and opportunities they see. It is then opened to Q&A. It is a rewarding experience providing information on your international careers, international legal career opportunities and career suggestions and advice.
Presently, we are looking for volunteers for the following virtual event:
UNC School of Lawvirtualpanel on Tuesday, October 13, 2020 at 12:00 – 1:00 p.m. (2-3 panelists needed).
If you are interested in serving on a panel, please reach out to Laura Burton ([email protected]). We appreciate your willingness to volunteer.
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 Practice2020-10-01 10:48:572020-10-01 11:09:09Panelists Needed for UNC School of Law Virtual International Law Panel
In mid-September, Chief Administrative Law Judge Julian Mann issued updates regarding OAH’s response to COVID-19. The guidance provides background and updates regarding interactions with OAH staff with regard to hearings, rules, the Rules Review Commission, the Civil Rights Division, and the Human Relations Commissions. The updates may be viewed on the OAH website.
Senator Cory Booker will be joining Duke Law’s Sports and Entertainment Law Society for a Zoom conversation on NCAA reform on Friday, October 2, from 12:30-1:45 p.m. Opening remarks will be provided by Duke Professor Paul Haagen, and the conversation will be hosted by students of Duke’s Future of College Sports Initiative. The conversation will focus on Senator Booker’s recent College Athlete Bill of Rights proposal, his thoughts on race and sports, and the role of public figures of minority backgrounds. Senator Booker, a former All-American football player at Stanford, is a leading policymaker on NCAA reform.
If interested in virtually attending this free event, click here to register.
In the coming year, the Future of College Sports Initiative here at Duke will continue to focus on legal, policy, and business issues facing college sports reform by hosting regular virtual conversations on Zoom.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2020-09-30 16:30:542020-09-30 16:30:54The Future of College Sports: A Conversation with Senator Cory Booker
Tldr: Don’t use Rule 60 to correct erroneous orders. Appeal instead; otherwise, you’ll lose.
Mom and Dad had a custody trial. The trial court ordered that:
Plaintiff shall reimburse Defendant for travel to and from preschool and school and shall receive a credit for any trips he has to make to Fayetteville for custody exchanges and return at the same rate of reimbursement. The reimbursement rate shall be the rate given to State Employees for travel and the mileage will be from [an address] Street to the preschool or school or lesser mileage if Defendant moves her residence closer to the schools.”
Halili v. Ramnishta, Court of Appeals, September 1, 2020 (UCCJEA, inconvenient forum)
Mother, Father, and minor child lived in New York, but visited North Carolina in late June 2017 in anticipation of moving here – they were here for 11 days. They then returned to New York where they stayed until August, and they moved to North Carolina. After they moved here, the parties’ second child was born. In January 2018, Mother and both minor children moved to New York; Father stayed in North Carolina. Father initiated a custody action in North Carolina and Mother initiated a custody action in New York. The North Carolina court dismissed Father’s action after determining that North Carolina was not the home state of the older child and that North Carolina was an inconvenient forum for custody litigation concerning the younger child. Father appealed.
The 36th Annual North Carolina/South Carolina Labor & Employment Law CLE will be held via live webcast on Friday, October 30, 2020.
In conjunction with our South Carolina counterparts, the North Carolina Labor & Employment Law Section is pleased to announce that we are still holding our annual CLE event this year! We’re condensing the program a bit and the logistics will look a little different this year in light of COVID-19, but the quality instruction and timely topic coverage you know and love will be the same. Here are the details:
When: Friday, October 30, 2020, from 7:55 a.m. to 4:20 p.m., with breaks sprinkled in. The program will also be recorded, and you can decide to watch it “On Demand” at a time more convenient for you. As a reminder, the Bar has removed any limits to on-demand CLE this year.
Where: Live Webcast. You will receive a link via email and will also be able to participate through submission of questions throughout the CLE program.
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.pngLabor2020-09-29 16:24:042020-09-29 16:24:04Register Now for the Oct. 30 Labor & Employment Law CLE
If you really want to skip everything I’m going to say below and get to the trailer, click here! The password is “mediation.”
Think back to the days that you had to connect with another mediator to get your observations done to become certified as a Superior Court Mediator by the DRC. For attorney mediators, there were two observations. For non-attorney mediators, there were five observations. If you don’t recall how difficult that was, I have the distinct memory of sending no less than 15 emails over the course of 18 months to every single mediator in the Charlotte region, to no avail. Finally, thanks to Judge Richard Boner and the esteemed Ray Owens, I became Superior Court Certified 1.5 years after I had actually taken the class.
Through the ongoing efforts of the NCBA Dispute Resolution Section over the past few years and in the spirit of compromise and working together with the Dispute Resolution Commission, a number of Section members volunteered their time and effort to create a video that qualifies as an Observation for Superior Court purposes! See link above for the trailer.
September is Hunger Action Month. People all over the United States stand together with the Feeding America network to fight hunger. It’s a month to spread the word and take action — and, with your help, find a solution to end the hunger crisis.
North Carolina is the 10th hungriest state in the nation. To help our neighbors in need, the YLD’s Legal Feeding Frenzy (“LFF”) Committee partners each year with Feeding the Carolinas to host a month-long food- and fund-drive. This past March, our legal community was able to raise a record-breaking $151,000 or 600,000 pounds of food! With these resources, our local food banks were able to address unprecedented needs that resulted from layoffs, school closures, and other life crises caused by COVID-19. We look forward to kick-starting another record-breaking LFF in March 2021! However, with COVID-19 continuing to rage on, North Carolina has seen a 38% increase in demand at our food banks. Our neighbors and food banks need our help now.
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 YLD2020-09-29 16:23:402020-09-29 16:23:40A Message from the YLD Legal Feeding Frenzy Committee in Honor of Hunger Action Month!
Read Before You File – Supreme Court of North Carolina Amends Rule 5 of the General Rules of Practice
Paralegal DivisionBy Alicia Mitchell-Mercer
On September 23, 2020, the Supreme Court of North Carolina amended Rule 5 of the General Rules of Practice for the Superior and District Courts. The court’s order amending Rule 5 is effective as of October 1, 2020.
The text of the Order includes changes to mailing and cover sheet requirements that affect any filings you make with North Carolina courts. I am including the tracked changes in this blog post, but you can also see a PDF of the order at the link provided above:
Read more
Worried about Hackers? Take Proactive Measures by Hiring Someone to Test Your Network
Privacy and Data SecurityYou may be an in-house attorney at an organization subject to specific compliance requirements or you may work at a law firm and handle sensitive client information, including information subject to laws such as the N.C. Identity Theft Protection Act. In either case, you need to show your business partners that data managed by your organization is protected. You, as an attorney in the room, can help your organization or law firm reduce the risk of a high-profile breach or ransomware attack. Read on to learn about technical approaches to address these concerns.
Read more
Panelists Needed for UNC School of Law Virtual International Law Panel
International Law, International Law & Practice, International PracticeEach year, the International Law Section’s Law School Liaison Committee organizes panels of international attorneys to speak to each of the North Carolina Law Schools. This year will be somewhat different as we anticipate that any panels we are able to arrange will be held virtually. The panels are composed of 3-4 international attorneys from our Section who would be willing to speak to law students about their international legal careers and the opportunities in the international legal arena. Many students would like to have an international legal career but don’t know where to start, what the opportunities are, how to prepare, or what to expect. The panelists’ experiences can address these issues in an informal forum. Typically, each panelist would talk for a few minutes about their backgrounds, their international practice, how they got involved in international law and opportunities they see. It is then opened to Q&A. It is a rewarding experience providing information on your international careers, international legal career opportunities and career suggestions and advice.
Presently, we are looking for volunteers for the following virtual event:
If you are interested in serving on a panel, please reach out to Laura Burton ([email protected]). We appreciate your willingness to volunteer.
OAH Updates: Response to COVID-19
Administrative LawIn mid-September, Chief Administrative Law Judge Julian Mann issued updates regarding OAH’s response to COVID-19. The guidance provides background and updates regarding interactions with OAH staff with regard to hearings, rules, the Rules Review Commission, the Civil Rights Division, and the Human Relations Commissions. The updates may be viewed on the OAH website.
The Future of College Sports: A Conversation with Senator Cory Booker
Sports & Entertainment Law SectionSenator Cory Booker will be joining Duke Law’s Sports and Entertainment Law Society for a Zoom conversation on NCAA reform on Friday, October 2, from 12:30-1:45 p.m. Opening remarks will be provided by Duke Professor Paul Haagen, and the conversation will be hosted by students of Duke’s Future of College Sports Initiative. The conversation will focus on Senator Booker’s recent College Athlete Bill of Rights proposal, his thoughts on race and sports, and the role of public figures of minority backgrounds. Senator Booker, a former All-American football player at Stanford, is a leading policymaker on NCAA reform.
If interested in virtually attending this free event, click here to register.
In the coming year, the Future of College Sports Initiative here at Duke will continue to focus on legal, policy, and business issues facing college sports reform by hosting regular virtual conversations on Zoom.
September 2020 Cases: Rule 60, Interlocutory, and Contempt
Family Law SectionRule 60 Case | Interlocutory Case | Contempt Case
Jackson V. Jackson (now Clelland): Rule 60 v. Appeal
Sampson County – 2020
Tldr: Don’t use Rule 60 to correct erroneous orders. Appeal instead; otherwise, you’ll lose.
Mom and Dad had a custody trial. The trial court ordered that:
Plaintiff shall reimburse Defendant for travel to and from preschool and school and shall receive a credit for any trips he has to make to Fayetteville for custody exchanges and return at the same rate of reimbursement. The reimbursement rate shall be the rate given to State Employees for travel and the mileage will be from [an address] Street to the preschool or school or lesser mileage if Defendant moves her residence closer to the schools.”
Read more
September 2020 Cases: UCCJEA, Attorney’s Fees Reversal
Family Law SectionHalili v. Ramnishta, Court of Appeals, September 1, 2020 (UCCJEA, inconvenient forum)
Mother, Father, and minor child lived in New York, but visited North Carolina in late June 2017 in anticipation of moving here – they were here for 11 days. They then returned to New York where they stayed until August, and they moved to North Carolina. After they moved here, the parties’ second child was born. In January 2018, Mother and both minor children moved to New York; Father stayed in North Carolina. Father initiated a custody action in North Carolina and Mother initiated a custody action in New York. The North Carolina court dismissed Father’s action after determining that North Carolina was not the home state of the older child and that North Carolina was an inconvenient forum for custody litigation concerning the younger child. Father appealed.
Read more
Register Now for the Oct. 30 Labor & Employment Law CLE
Labor & Employment LawThe 36th Annual North Carolina/South Carolina Labor & Employment Law CLE will be held via live webcast on Friday, October 30, 2020.
In conjunction with our South Carolina counterparts, the North Carolina Labor & Employment Law Section is pleased to announce that we are still holding our annual CLE event this year! We’re condensing the program a bit and the logistics will look a little different this year in light of COVID-19, but the quality instruction and timely topic coverage you know and love will be the same. Here are the details:
When: Friday, October 30, 2020, from 7:55 a.m. to 4:20 p.m., with breaks sprinkled in. The program will also be recorded, and you can decide to watch it “On Demand” at a time more convenient for you. As a reminder, the Bar has removed any limits to on-demand CLE this year.
Where: Live Webcast. You will receive a link via email and will also be able to participate through submission of questions throughout the CLE program.
Read more
Superior Court Observation – Via Video!
Dispute Resolution SectionBy
Ketan Soni
If you really want to skip everything I’m going to say below and get to the trailer, click here! The password is “mediation.”
Think back to the days that you had to connect with another mediator to get your observations done to become certified as a Superior Court Mediator by the DRC. For attorney mediators, there were two observations. For non-attorney mediators, there were five observations. If you don’t recall how difficult that was, I have the distinct memory of sending no less than 15 emails over the course of 18 months to every single mediator in the Charlotte region, to no avail. Finally, thanks to Judge Richard Boner and the esteemed Ray Owens, I became Superior Court Certified 1.5 years after I had actually taken the class.
Through the ongoing efforts of the NCBA Dispute Resolution Section over the past few years and in the spirit of compromise and working together with the Dispute Resolution Commission, a number of Section members volunteered their time and effort to create a video that qualifies as an Observation for Superior Court purposes! See link above for the trailer.
Read more
A Message from the YLD Legal Feeding Frenzy Committee in Honor of Hunger Action Month!
Young Lawyers DivisionErin Ball
Michele Livingstone
By Erin Ball and Michele Livingstone
September is Hunger Action Month. People all over the United States stand together with the Feeding America network to fight hunger. It’s a month to spread the word and take action — and, with your help, find a solution to end the hunger crisis.
North Carolina is the 10th hungriest state in the nation. To help our neighbors in need, the YLD’s Legal Feeding Frenzy (“LFF”) Committee partners each year with Feeding the Carolinas to host a month-long food- and fund-drive. This past March, our legal community was able to raise a record-breaking $151,000 or 600,000 pounds of food! With these resources, our local food banks were able to address unprecedented needs that resulted from layoffs, school closures, and other life crises caused by COVID-19. We look forward to kick-starting another record-breaking LFF in March 2021! However, with COVID-19 continuing to rage on, North Carolina has seen a 38% increase in demand at our food banks. Our neighbors and food banks need our help now.
Read more