On Friday, April 5, 2019, the Intellectual Property Law and the Sports & Entertainment Law sections of the NCBA combined forces for a special joint Annual Meeting. With parallel and overlapping tracks of law, the meeting covered the latest developments in patent, trademark, copyright, trade secrets, and sports and entertainment law. The attendees were able to gain insight from both in-house and outside counsel on issues related to IP Law, Sports and Entertainment Law, and the intersection of the different practice areas.
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.pngSportsandEntertainment2019-04-26 14:34:042019-04-26 14:34:04Review of the Joint Annual Meeting for the IP and SEL Sections
Big things are happening at the NCBA in May. As a member, there’s a good chance you’re attending a CLE, heading out of town for a section or division annual meeting or socializing at a networking event, but there’s one new tradition that occurs over the next five weeks that brings innovative benefits to you: Member Appreciation Month.
Following the popularity of the event last year, the NCBA is again coordinating complimentary services in locations across the state and online just to thank you for being part of the club. This year we are offering classes on creating a website and individual social media profile reviews, along with the usual fun giveaways. Space is limited in some categories, so be sure to register with the information below:
During 2018, the North Carolina Department of Justice received notices from businesses of a total of 1,057 data breaches, affecting 1.9 million North Carolinians.[1] Businesses subject to N.C. Gen. Stat. § 75-65 must provide breach notices to all affected persons.[2] Although not legally obligated to do so under North Carolina law, many affected businesses also offer victims a period of free credit monitoring. Credit monitoring does alert a subscriber to credit file changes. Anyone who wants to do more than sit and wait for identity theft to happen, however, must lock down access to their credit reports by initiating statutory security freezes.
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.pngSecurity2019-04-25 12:03:282019-04-25 12:07:25Spring Has Arrived, But the National Credit Security Freeze Is Here To Stay
I was in a meeting with my boss and I passed him a spreadsheet I had been working on. He has an MBA and has, shall we say, well-developed thoughts and feelings about spreadsheets. I majored in English and have well-developed thoughts and feelings on who is the vilest character in “Game of Thrones.” (Ramsay Bolton over Joffrey by a nose.)
After reviewing the spreadsheet for a couple of minutes, Jason looked up and said, “Hey … I have an idea. Why don’t you attend the Mini-MBA program in December?” His reaction wasn’t a total surprise. My spreadsheet skills could best be described as “Needs Improvement.” Microsoft Excel isn’t my love language.
NCBA Spring Executive Education Courses
Elements of Business Management, May 30-31
Elements of Construction Management, June 4-5
Find details and register here.
The Mini-MBA held in December 2018 was the NCBA’s first executive education program. I was excited about this foray. My time as the director of the Center for Practice Management convinced me that there are lots of things that lawyers want and need to learn that do not qualify for CLE credit. Executive education courses — intensive, short-format courses taught by professional faculty and not offered for CLE credit — seemed an ideal way to fill that need.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA Bloggerhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA Blogger2019-04-24 00:00:002019-04-25 16:47:56Me and My Mini-MBA
We are pleased to announce that the International Law and Practice Section has a new name. The NCBA Board of Governors has approved our changing our name from the International Law and Practice Section to the International Practice Section. Being lawyers, much thought — and discussion — went into this name change. Essentially, our new name is more accurate, incorporating diverse areas of legal practice such as immigration law. It also accurately reflects that many legal practices contain cross-border issues without being engaged in the practice of public international law. By changing our name, we position ourselves as a more inclusive Section that recognizes and provides value added to the diverse practices of our current and future Section members.
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 Practice2019-04-22 12:49:562019-04-22 12:51:03The International Law and Practice Section Is Now the International Practice Section
The Insurance Law Section Council previously prepared and approved last spring four proposed Pattern Jury Instructions relating to insurance litigation. Those proposed instructions, which may be seen on the Section website, cover the following topics:
First-party bad faith;
Expected or intended injury exclusion in CGL policy;
Expected or intended injury exclusion in homeowners’ policy; and
The requirement was imposed in 2016 during the Obama Administration, but in 2017, the Trump OMB suspended the requirement before it was to take effect. The plaintiffs in the lawsuit claimed that the OMB suspension was unlawful, and U.S. District Court Judge Tanya Chutkan of the District of Columbia agreed.
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.pngLabor2019-04-17 14:03:482019-05-21 11:06:13Compensation Data Reporting In EEO-1 Reports: The Saga Continues
In May 2010, the International Bar Association (“IBA”) adopted the IBA Rules on the Taking of Evidence in International Arbitration—a revised version of the original 1999 IBA Rules which, in turn, had replaced the IBA Supplementary Rules of 1983. The IBA Rules serve as a resource to parties and arbitrators setting forth the procedures by which evidence is gathered and presented in international arbitration proceedings. The IBA Rules were drafted in an effort to bridge the gap between “the procedures in use in many different legal systems,” which is “particularly useful when the parties come from different legal cultures” (IBA Rules, Forward). By all accounts, that effort has been hugely successful. Since their inception, countless arbitral tribunals—both commercial and investment—formed by members from different legal cultures—both civil and common law—have relied upon and applied the IBA Rules. However, that success has not come without criticism, the loudest of which is the perceived dominance of the common law tradition over the IBA Rules.
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 Practice2019-04-17 12:36:562019-04-17 13:32:46From Russia With New Evidentiary Rules
The reactions I receive when I tell people that I am a freelance paralegal range from “that’s so cool” to “huh?” Many times, people don’t realize that paralegals can freelance.
I recently heard a student in a paralegal program say, “I want to be a freelance paralegal. How do I do that?” The idea of freelancing can be very attractive — you get to be your own boss, you can wear jammies to work every day, and your schedule is very flexible. There are, however, drawbacks to freelancing. There are no employer-sponsored benefits like medical insurance coverage or 401(k) plans. You essentially work alone and you have to go out and find attorneys that need your assistance.
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.pngParalegals2019-04-17 07:17:492019-04-17 13:53:22So, You Think You Want To Freelance?
This year’s NCBA Annual Meeting theme is wellness and how legal professionals can achieve it. In preparation for the event, we talked with speakers scheduled to present at Annual Meeting for a series of quick-read Q&As. Watch NCBarBlog for upcoming Q&As with Annual Meeting speakers Stan Phelps, Laura Mahr and Greg Romeo. Admission to all speaker presentations, including those for CLE credit, is included in registration.
NCBA Annual Meeting 2019 Jeena Cho on Better Lawyering Through Mindfulness
Friday, June 21
1.0 hr of CLE credit
Find more details about Annual Meeting and registration here.
As a partner in a San Francisco bankruptcy firm, Jeena Cho understands that the pressures lawyers face are unlike those faced by others in high-stress occupations. That’s one reason she is such a valuable resource for legal professionals.
A co-author of “The Anxious Lawyer” and a frequent contributor to Above the Law, Cho earned her law degree from the University of Buffalo. She began her exploration of mindfulness in Buffalo as well, attending the Himalayan Institute for meditation training. Cho teaches mindfulness and meditation to lawyers and counsels firms on stress management and work-life balance.
Q: What unique challenges do lawyers face when it comes to self-care?
A: A few common challenges I’ve observed: First is that lawyers think self-care is antithetical to lawyering. There’s a myth that lawyers should work all the time and sacrifice their well-being for their clients and career. I’ll often have lawyers push back and say, “If I take an hour to go to the gym, that’s an hour I won’t be able to bill.” That’s a short-sighted view, of course, because heaving a healthy body is a foundation to being a good lawyer.
https://www.ncbarblog.com/wp-content/uploads/2019/02/AM19-Blog-1.jpg303807NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2019-04-16 14:30:002019-04-22 09:37:17Wellness Expert Jeena Cho On Lawyers, Self-Care and the Billable Hour
Review of the Joint Annual Meeting for the IP and SEL Sections
Sports & Entertainment Law SectionOn Friday, April 5, 2019, the Intellectual Property Law and the Sports & Entertainment Law sections of the NCBA combined forces for a special joint Annual Meeting. With parallel and overlapping tracks of law, the meeting covered the latest developments in patent, trademark, copyright, trade secrets, and sports and entertainment law. The attendees were able to gain insight from both in-house and outside counsel on issues related to IP Law, Sports and Entertainment Law, and the intersection of the different practice areas.
Read more
May Is Member Appreciation Month … Again!
Featured PostsBig things are happening at the NCBA in May. As a member, there’s a good chance you’re attending a CLE, heading out of town for a section or division annual meeting or socializing at a networking event, but there’s one new tradition that occurs over the next five weeks that brings innovative benefits to you: Member Appreciation Month.
Following the popularity of the event last year, the NCBA is again coordinating complimentary services in locations across the state and online just to thank you for being part of the club. This year we are offering classes on creating a website and individual social media profile reviews, along with the usual fun giveaways. Space is limited in some categories, so be sure to register with the information below:
Read more
Spring Has Arrived, But the National Credit Security Freeze Is Here To Stay
Privacy and Data SecurityBy Eva Lorenz and Suzanne Begnoche
During 2018, the North Carolina Department of Justice received notices from businesses of a total of 1,057 data breaches, affecting 1.9 million North Carolinians.[1] Businesses subject to N.C. Gen. Stat. § 75-65 must provide breach notices to all affected persons.[2] Although not legally obligated to do so under North Carolina law, many affected businesses also offer victims a period of free credit monitoring. Credit monitoring does alert a subscriber to credit file changes. Anyone who wants to do more than sit and wait for identity theft to happen, however, must lock down access to their credit reports by initiating statutory security freezes.
Read more
Me and My Mini-MBA
Featured PostsThe day started off innocuously enough.
I was in a meeting with my boss and I passed him a spreadsheet I had been working on. He has an MBA and has, shall we say, well-developed thoughts and feelings about spreadsheets. I majored in English and have well-developed thoughts and feelings on who is the vilest character in “Game of Thrones.” (Ramsay Bolton over Joffrey by a nose.)
After reviewing the spreadsheet for a couple of minutes, Jason looked up and said, “Hey … I have an idea. Why don’t you attend the Mini-MBA program in December?” His reaction wasn’t a total surprise. My spreadsheet skills could best be described as “Needs Improvement.” Microsoft Excel isn’t my love language.
The Mini-MBA held in December 2018 was the NCBA’s first executive education program. I was excited about this foray. My time as the director of the Center for Practice Management convinced me that there are lots of things that lawyers want and need to learn that do not qualify for CLE credit. Executive education courses — intensive, short-format courses taught by professional faculty and not offered for CLE credit — seemed an ideal way to fill that need.
Read more
The International Law and Practice Section Is Now the International Practice Section
International Law & Practice, International PracticeWe are pleased to announce that the International Law and Practice Section has a new name. The NCBA Board of Governors has approved our changing our name from the International Law and Practice Section to the International Practice Section. Being lawyers, much thought — and discussion — went into this name change. Essentially, our new name is more accurate, incorporating diverse areas of legal practice such as immigration law. It also accurately reflects that many legal practices contain cross-border issues without being engaged in the practice of public international law. By changing our name, we position ourselves as a more inclusive Section that recognizes and provides value added to the diverse practices of our current and future Section members.
Proposed Pattern Jury Instructions Submitted
Insurance Law SectionThe Insurance Law Section Council previously prepared and approved last spring four proposed Pattern Jury Instructions relating to insurance litigation. Those proposed instructions, which may be seen on the Section website, cover the following topics:
Read more
Compensation Data Reporting In EEO-1 Reports: The Saga Continues
Labor & Employment LawBy Robin Shea
Employers should start gathering their 2018 compensation information if they haven’t already.
My last post covered the court decision issued on March 4 in the case of National Women’s Law Center v. Office of Management and Budget, which directed the Equal Employment Opportunity Commission to require employers to submit compensation data with their annual EEO-1 reports.
The requirement was imposed in 2016 during the Obama Administration, but in 2017, the Trump OMB suspended the requirement before it was to take effect. The plaintiffs in the lawsuit claimed that the OMB suspension was unlawful, and U.S. District Court Judge Tanya Chutkan of the District of Columbia agreed.
Read more
From Russia With New Evidentiary Rules
International Law & Practice, International PracticeBy Thomas McCall and Emily Doll
Originally published 24 October 2018 by Law360. Updated by the authors March 2019.
In May 2010, the International Bar Association (“IBA”) adopted the IBA Rules on the Taking of Evidence in International Arbitration—a revised version of the original 1999 IBA Rules which, in turn, had replaced the IBA Supplementary Rules of 1983. The IBA Rules serve as a resource to parties and arbitrators setting forth the procedures by which evidence is gathered and presented in international arbitration proceedings. The IBA Rules were drafted in an effort to bridge the gap between “the procedures in use in many different legal systems,” which is “particularly useful when the parties come from different legal cultures” (IBA Rules, Forward). By all accounts, that effort has been hugely successful. Since their inception, countless arbitral tribunals—both commercial and investment—formed by members from different legal cultures—both civil and common law—have relied upon and applied the IBA Rules. However, that success has not come without criticism, the loudest of which is the perceived dominance of the common law tradition over the IBA Rules.
Read more
So, You Think You Want To Freelance?
Paralegal DivisionBy Morag A. Polaski
The reactions I receive when I tell people that I am a freelance paralegal range from “that’s so cool” to “huh?” Many times, people don’t realize that paralegals can freelance.
I recently heard a student in a paralegal program say, “I want to be a freelance paralegal. How do I do that?” The idea of freelancing can be very attractive — you get to be your own boss, you can wear jammies to work every day, and your schedule is very flexible. There are, however, drawbacks to freelancing. There are no employer-sponsored benefits like medical insurance coverage or 401(k) plans. You essentially work alone and you have to go out and find attorneys that need your assistance.
Read more
Wellness Expert Jeena Cho On Lawyers, Self-Care and the Billable Hour
Featured PostsThis year’s NCBA Annual Meeting theme is wellness and how legal professionals can achieve it. In preparation for the event, we talked with speakers scheduled to present at Annual Meeting for a series of quick-read Q&As. Watch NCBarBlog for upcoming Q&As with Annual Meeting speakers Stan Phelps, Laura Mahr and Greg Romeo. Admission to all speaker presentations, including those for CLE credit, is included in registration.
As a partner in a San Francisco bankruptcy firm, Jeena Cho understands that the pressures lawyers face are unlike those faced by others in high-stress occupations. That’s one reason she is such a valuable resource for legal professionals.
A co-author of “The Anxious Lawyer” and a frequent contributor to Above the Law, Cho earned her law degree from the University of Buffalo. She began her exploration of mindfulness in Buffalo as well, attending the Himalayan Institute for meditation training. Cho teaches mindfulness and meditation to lawyers and counsels firms on stress management and work-life balance.
Q: What unique challenges do lawyers face when it comes to self-care?
A: A few common challenges I’ve observed: First is that lawyers think self-care is antithetical to lawyering. There’s a myth that lawyers should work all the time and sacrifice their well-being for their clients and career. I’ll often have lawyers push back and say, “If I take an hour to go to the gym, that’s an hour I won’t be able to bill.” That’s a short-sighted view, of course, because heaving a healthy body is a foundation to being a good lawyer.
Read more