Me: I’ve got the coolest job ever. I’m a beer lawyer.
Literally Anyone Else in the World: Wow! That is really cool. Uh, so, er, what do you do? DWIs?
Sorry, nope. Keep your “alleged” criminal charges to yourself. I don’t do “DWIs.” In fact, I try really hard not to do any litigation at all. My practice is almost entirely transactional and, as I tell my clients, my job is to keep you in compliance and out of the courtroom. So, what do I do? Well …
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SmallFirmandTechhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSmallFirmandTech2019-04-16 10:31:592019-04-17 13:16:07A Day In the Life Of a Beer Lawyer
I would like to think my time as IPL Chair could be described as a compilation of assorted melodies creating the perfect intellectual property mixtape. As we look back, let’s lend an “ear” to the top tracks from the past year.
Track 1: Is My Subject Matter Eligible?
Our Patent Committee hosted a Lunch & Learn with Carolyn Kosowski of the U.S. Patent and Trademark Office covering practical guidance on the USPTO’s examination procedure for subject matter eligibility under 35 U.S.C. § 101.
Appellate Practice and Litigation Joint Networking Event
5:30 – 7:30 p.m., Thursday, April 25, 2019
Dandelion Market, 118 West 5th St., Charlotte, NC 28202 Click here to RSVP.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2019-04-12 13:41:002019-04-16 10:38:23Appellate Practice-Litigation Joint Social April 25 In Charlotte
Whether returning to work after having kids, returning to work after the death of a loved one, or rejoining after a long hiatus; only you will know when you’re ready, willing, and able to join the workforce again. At times, the return to work can seem overwhelming. But with the proper strategies, it can become a little easier to manage. Here are a few tips to keep you healthy and productive.
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.pngParalegals2019-04-11 12:38:302019-04-16 10:35:41Tips For Returning To Work After an Absence
Congratulations to William G. Pagán of Coats & Bennett PLLC, the recipient of the 2018 Pro Bono Outstanding Achievement Award, which was announced at last week’s NCBA IP Law Section’s Annual Meeting held in Charlotte.
Every lawyer has a professional responsibility to provide legal services to those unable to pay. Pursuant to Rule 6.1 of the Rules of Professional Conduct, a lawyer should aspire to render at least 50 hours of pro bono publico legal services per year. In fulfilling this professional responsibility, Pagán serves as a pro bono Legal Officer for the NC Wing of the Civil Air Patrol (CAP), United States Air Force Auxiliary. CAP is a volunteer force that is the official civilian auxiliary of the United States Air Force. As an NC Wing Legal Officer, Pagán serves as a member of the NC Wing Commander’s staff and supervises a team of Assistant Legal Officers in handling the legal affairs of approximately 30 local squadrons statewide for approximately 2,000 members.
“I Love Lucy,” running originally from 1957 to 1960, exists in the collective memory of multiple generations of Americans as one of our most iconic television programs. In fact, in 2012 (52 years after its end-date) it was voted as the “Best TV Show of All Time” in a survey conducted by ABC News and People magazine. But Lucy’s zany antics would not have been nearly as entertaining without her foil character, Ricky Ricardo. Ricky, Lucy’s Cuban singer/bandleader husband, constantly loses his patience at his wife’s ceaseless attempts to get into showbiz and exorbitant spending on clothes or furniture. Lucy and Ricky as a married couple share everything, but the gift tax does not treat them the same way as most other married couples because Ricky is a U.S. resident, but a Cuban citizen.
The NCBA Education Section proudly presents its annual CLE day on Friday, April 12 in Cary. This year’s program is entitled “Change: How Cultural and Political Shifting Affects the Practice of Education Law.” Click here to view the program brochure.
North Carolina’s social and political environment looks very different than it did a few years ago. Our students, teachers, professors, administrators, and legislators are all reacting to the new normal. But how can (or should) education lawyers respond? Can (or should) we keep doing what we have always done?
Join us on Friday to hear former UNC School of Law Dean Jack Boger give historical context to the current climate surrounding North Carolina’s public schools. Leverage the expertise of colleagues on topics such as student and teacher walk-outs, escalating school violence, federal rule changes on sex discrimination, and more. We will round out the day by better understanding attorneys’ ethical obligations regarding the balance between impartial advice to clients and active participation on relevant societal issues. Schwartz and Shaw’s Brian Shaw will then provide his always-popular case law update.
You may register for the program here. Higher education and school law attorneys alike will benefit from a deeper dive into these fascinating topics. And you will receive 6.0 hours of CLE credit.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00EducationLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngEducationLaw2019-04-09 12:28:592019-04-16 10:36:45Practicing Education Law in Changing Times
Here are the 4th Circuit and North Carolina Court of Appeals’ latest employment law decisions.
Gomez v. Haystax Technology, Inc., No. 17-2360 (4th Cir. March 5, 2019) (unpublished) (ADA, FMLA, Title VII, ADEA): Defendants, who are private government contractors, hired Gomez in May 2013 to work on various government contracts. During the course of her employment, Gomez was moved to different contracts and locations as defendants lost and won contracts. Also during her employment, Gomez underwent two hip surgeries. In February 2016, defendants lost the contract Gomez was assigned to. As she was not assigned to a contract, Gomez had to find another position with the defendants to remain employed. Defendants terminated her when she failed to obtain another position. Gomez filed suit against defendants alleging (1) disability discrimination in violation of the ADA; (2) sex discrimination in violation of Title VII; (3) age discrimination in violation of the ADEA; and (4) FMLA retaliation. The district court granted summary judgment on Gomez’s claims, and the 4th Circuit upheld the award. [1] On appeal, the issue before the court was whether Gomez had presented evidence that defendants’ reason for termination—the loss of the contract—was pretext. Gomez first alleged that defendants provided shifting justifications for her termination; the 4th Circuit found these alleged shifting justifications were not presented as justifications for the termination but for why Gomez was not transferred to open positions. Next, Gomez alleged that defendants provided inconsistent statements on the positions available to her prior to her termination; the court easily dismissed this allegation by pointing out that Gomez presented testimony out of context to support her case. Finally, Gomez tried to argue that defendants internally transferred some employees without requiring them to apply for open positions; the court rejected Gomez’s contention by showing the alleged comparator employees or situations were different in meaningful ways. Since Gomez could not support her pretext argument, the 4th Circuit upheld summary judgment.
The Jonathan R. Harkavy Award Committee is accepting nominations from now until Friday, May 31. The Harkavy Award exists to recognize an individual for “Outstanding Service, Leadership, and/or Significant Contributions to the Development of Labor and Employment Law in North Carolina.” After completing the nomination form, please submit it, along with any other materials you want the Committee to consider, to Elizabeth Hodges.
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.pngLabor2019-04-08 13:05:412019-04-16 10:37:27Submit Nominations For the Labor & Employment Law Harkavy Award
Take advantage of our many Paralegal Division activities this spring
Paralegal Division and Small Firm and Technology Social | April 10, 2019
The Small Firm and Technology Section is hosting a joint social with the Paralegal Division. Please join us on Wednesday, April 10 at Bond Brothers Brewing in Cary. The social starts at 5 p.m.
NCBA PD 2019 Distinguished Paralegal Award | April 19, 2019 Nomination Deadline
We are currently seeking nominations for the 2019 Distinguished Paralegal Award. Do you know a paralegal who actively participates in civic/community volunteering, demonstrates leadership, and promotes the paralegal profession? And, yes, you can nominate yourself. The deadline for nominations is Friday, April 19. The winner will be announced at the PD Annual Meeting on May 3 in Winston-Salem and recognized at the June NCBA Annual Meeting during the Awards Dinner on June 20.
A Day In the Life Of a Beer Lawyer
Small Firm & Technology SectionSorry, nope. Keep your “alleged” criminal charges to yourself. I don’t do “DWIs.” In fact, I try really hard not to do any litigation at all. My practice is almost entirely transactional and, as I tell my clients, my job is to keep you in compliance and out of the courtroom. So, what do I do? Well …
Read more
Mixtape Magic
Intellectual Property Law SectionBy Angela Doughty
I would like to think my time as IPL Chair could be described as a compilation of assorted melodies creating the perfect intellectual property mixtape. As we look back, let’s lend an “ear” to the top tracks from the past year.
Track 1: Is My Subject Matter Eligible?
Our Patent Committee hosted a Lunch & Learn with Carolyn Kosowski of the U.S. Patent and Trademark Office covering practical guidance on the USPTO’s examination procedure for subject matter eligibility under 35 U.S.C. § 101.
Read more
Appellate Practice-Litigation Joint Social April 25 In Charlotte
Appellate PracticeWe are less than two weeks away from the Appellate Practice and Litigation Sections joint social at Dandelion Market in Charlotte.
Read more
Tips For Returning To Work After an Absence
Paralegal DivisionBy Stephanie Durham-Rivera
Whether returning to work after having kids, returning to work after the death of a loved one, or rejoining after a long hiatus; only you will know when you’re ready, willing, and able to join the workforce again. At times, the return to work can seem overwhelming. But with the proper strategies, it can become a little easier to manage. Here are a few tips to keep you healthy and productive.
Read more
Pro Bono Outstanding Achievement Award
Intellectual Property Law SectionEvery lawyer has a professional responsibility to provide legal services to those unable to pay. Pursuant to Rule 6.1 of the Rules of Professional Conduct, a lawyer should aspire to render at least 50 hours of pro bono publico legal services per year. In fulfilling this professional responsibility, Pagán serves as a pro bono Legal Officer for the NC Wing of the Civil Air Patrol (CAP), United States Air Force Auxiliary. CAP is a volunteer force that is the official civilian auxiliary of the United States Air Force. As an NC Wing Legal Officer, Pagán serves as a member of the NC Wing Commander’s staff and supervises a team of Assistant Legal Officers in handling the legal affairs of approximately 30 local squadrons statewide for approximately 2,000 members.
Read more
The Ricky Ricardo Tax: Taxation of Marital Transfers to Non-Citizen Spouses
Tax Section“I Love Lucy,” running originally from 1957 to 1960, exists in the collective memory of multiple generations of Americans as one of our most iconic television programs. In fact, in 2012 (52 years after its end-date) it was voted as the “Best TV Show of All Time” in a survey conducted by ABC News and People magazine. But Lucy’s zany antics would not have been nearly as entertaining without her foil character, Ricky Ricardo. Ricky, Lucy’s Cuban singer/bandleader husband, constantly loses his patience at his wife’s ceaseless attempts to get into showbiz and exorbitant spending on clothes or furniture. Lucy and Ricky as a married couple share everything, but the gift tax does not treat them the same way as most other married couples because Ricky is a U.S. resident, but a Cuban citizen.
Read more
Practicing Education Law in Changing Times
Education Law SectionThe NCBA Education Section proudly presents its annual CLE day on Friday, April 12 in Cary. This year’s program is entitled “Change: How Cultural and Political Shifting Affects the Practice of Education Law.” Click here to view the program brochure.
North Carolina’s social and political environment looks very different than it did a few years ago. Our students, teachers, professors, administrators, and legislators are all reacting to the new normal. But how can (or should) education lawyers respond? Can (or should) we keep doing what we have always done?
Join us on Friday to hear former UNC School of Law Dean Jack Boger give historical context to the current climate surrounding North Carolina’s public schools. Leverage the expertise of colleagues on topics such as student and teacher walk-outs, escalating school violence, federal rule changes on sex discrimination, and more. We will round out the day by better understanding attorneys’ ethical obligations regarding the balance between impartial advice to clients and active participation on relevant societal issues. Schwartz and Shaw’s Brian Shaw will then provide his always-popular case law update.
You may register for the program here. Higher education and school law attorneys alike will benefit from a deeper dive into these fascinating topics. And you will receive 6.0 hours of CLE credit.
Appellate Update
Labor & Employment LawHere are the 4th Circuit and North Carolina Court of Appeals’ latest employment law decisions.
Gomez v. Haystax Technology, Inc., No. 17-2360 (4th Cir. March 5, 2019) (unpublished) (ADA, FMLA, Title VII, ADEA): Defendants, who are private government contractors, hired Gomez in May 2013 to work on various government contracts. During the course of her employment, Gomez was moved to different contracts and locations as defendants lost and won contracts. Also during her employment, Gomez underwent two hip surgeries. In February 2016, defendants lost the contract Gomez was assigned to. As she was not assigned to a contract, Gomez had to find another position with the defendants to remain employed. Defendants terminated her when she failed to obtain another position. Gomez filed suit against defendants alleging (1) disability discrimination in violation of the ADA; (2) sex discrimination in violation of Title VII; (3) age discrimination in violation of the ADEA; and (4) FMLA retaliation. The district court granted summary judgment on Gomez’s claims, and the 4th Circuit upheld the award. [1] On appeal, the issue before the court was whether Gomez had presented evidence that defendants’ reason for termination—the loss of the contract—was pretext. Gomez first alleged that defendants provided shifting justifications for her termination; the 4th Circuit found these alleged shifting justifications were not presented as justifications for the termination but for why Gomez was not transferred to open positions. Next, Gomez alleged that defendants provided inconsistent statements on the positions available to her prior to her termination; the court easily dismissed this allegation by pointing out that Gomez presented testimony out of context to support her case. Finally, Gomez tried to argue that defendants internally transferred some employees without requiring them to apply for open positions; the court rejected Gomez’s contention by showing the alleged comparator employees or situations were different in meaningful ways. Since Gomez could not support her pretext argument, the 4th Circuit upheld summary judgment.
Read more
Submit Nominations For the Labor & Employment Law Harkavy Award
Labor & Employment LawThe Jonathan R. Harkavy Award Committee is accepting nominations from now until Friday, May 31. The Harkavy Award exists to recognize an individual for “Outstanding Service, Leadership, and/or Significant Contributions to the Development of Labor and Employment Law in North Carolina.” After completing the nomination form, please submit it, along with any other materials you want the Committee to consider, to Elizabeth Hodges.
Paralegal Potpourri: Upcoming Paralegal Meetings and Announcements
Paralegal DivisionTake advantage of our many Paralegal Division activities this spring
Paralegal Division and Small Firm and Technology Social | April 10, 2019
The Small Firm and Technology Section is hosting a joint social with the Paralegal Division. Please join us on Wednesday, April 10 at Bond Brothers Brewing in Cary. The social starts at 5 p.m.
Click here to RSVP.
NCBA PD 2019 Distinguished Paralegal Award | April 19, 2019 Nomination Deadline
We are currently seeking nominations for the 2019 Distinguished Paralegal Award. Do you know a paralegal who actively participates in civic/community volunteering, demonstrates leadership, and promotes the paralegal profession? And, yes, you can nominate yourself. The deadline for nominations is Friday, April 19. The winner will be announced at the PD Annual Meeting on May 3 in Winston-Salem and recognized at the June NCBA Annual Meeting during the Awards Dinner on June 20.
Click here to access the registration form.
Read more