The Privacy and Data Security Committee, which formed last year, is well on its way to becoming an NCBA Section. On Jan. 17, the NCBA Board of Governors gave a green light to the committee’s plan to form a new NCBA Section. Formal recognition as an NCBA Section is anticipated in July. In support of this effort, and in the interest of providing members with insight regarding the work of this committee, North Carolina Lawyer is pleased to provide the following question-and-answer interview with Alex Pearce, who currently chairs the committee.
Pearce grew up in Santa Fe, New Mexico, and has strong ties to North Carolina, where his father is from. He is a 2001 graduate of Wake Forest University and a 2004 graduate of Stanford Law School. He focuses his practice on privacy and data security law with Wyrick Robbins in Raleigh. He has been certified by the N.C. State Bar Board of Legal Specialization as a Specialist in Privacy and Information Security Law, and as a Privacy Law Specialist by the International Association of Privacy Professionals, which has been accredited by the American Bar Association to certify lawyers in this specialty. He is a member of both specializations’ inaugural classes.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2019-04-04 00:00:002019-08-15 12:34:01Alex Pearce Leading NCBA’s Efforts To Tackle Privacy and Data Security Issues
The members of the NCBA Appellate Practice Section respectfully recognize and honor that the year 2019 marks a crescendo in a highly significant commemorative period for the North Carolina Judicial System, with 2016-2019 milestones including the 50th anniversaries of the unified court system (2016), the District Court (2016), the North Carolina Court of Appeals (2017), and the Administrative Office of the Courts (2016); the 240th anniversary of the Superior Court (2017); and this year’s 200th anniversary of the Supreme Court of North Carolina (2019).
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.pngAppellate2019-04-03 15:09:542019-04-16 10:37:55An Historic Quarter at the Supreme Court of North Carolina
Entry of Default, Specific Performance, COA18-478, Jones v. Jones, Feb. 5, 2019, Lee County
This matter was originally appealed in action COA14-507. After certifying this Court’s decision to the district court, Plaintiff filed a motion for entry of default, and a default judgment was entered on the same day. Defendant filed a motion to set aside entry of default more than one month later. The trial court ultimately denied Defendant’s motion to set aside entry of default. Defendant appeals from the trial court’s order denying his motion to set aside entry of default and ordering specific performance. Because the trial court’s findings were supported by the record, and the trial court did not abuse its discretion, the Court of Appeals affirmed the entry of default and order for specific performance.
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.pngFamilyLaw2019-04-03 15:09:202019-04-03 15:09:20NC COA: Entry of Default & Specific Performance, Jones v. Jones
Child custody, subject matter jurisdiction/UCCJEA, COA18-240, Feb. 19, 2019, Walz v. Walz, Carteret County
Holding: The trial court erred in finding that North Carolina was the “home state” of the two minor children and in exercising emergency jurisdiction. The trial court lacked subject matter jurisdiction to make the initial child-custody determination.
In May 2015, Husband and Wife enter into a Separation Agreement (“SAPS”), which gave Wife primary custody of the minor children. The SAPS included a provision that NC would have jurisdiction over matters contained in the agreement. In June/July 2015, Wife moved to Arizona with the minor children.
Equitable Distribution, COA18-405, Feb. 19, 2019, Nordman v. Nordman, Iredell County
Equitable distribution orders and contempt orders are both immediately appealable.
Equitable distribution order remanded for further findings of fact on all factors within Section 50-20(c) supported by the evidence at trial. The trial court must make findings of fact concerning each distributional factor for which evidence is presented and determine in its discretion whether an unequal distribution is equitable.
The Dispute Resolution Section CLE and Annual Meeting, held in the midst of March Madness, was a big success. Donna Savage and her team put together an outstanding program. All the speakers presented interesting ideas and gave the attendees the value of their decades of conflict resolution experience.
You can still view the program and get CLE and CME Credits. Video replays are set in Cary on May 31 and Concord on June 14. Sign-up here.
Alex Pearce, a privacy attorney formerly with SAS Institute, has joined Wyrick Robbins as a member of the firm’s privacy and data security team. Pearce’s front-line experience managing SAS’s privacy compliance program and his more recent experience advising businesses on data protection matters arising in litigation, will complement the team’s current work. Pearce is also chair of the NCBA’s newly established Privacy and Data Security Section. Read more about his background and goals for the new section here.
Many attorneys react to the thought of texting with clients with a solid “no way!” However, attorneys are feeling the pressure to text with clients since texting is a normal communication tool for most everyone these days. Clients in certain industries, such as construction, prefer texting because they are literally in an environment that makes talking on the phone impossible and they use texting in the normal course of business. Modest means and indigent clients may have a voice plan via a low cost carrier, but do not have (unlimited) data, making email a less viable communication form. Courts and public defenders are experimenting with reducing national “failure to appear” rates to avoid bench warrants by reminding defendants via text message about upcoming court dates. Incoming ABA President Judy Perry Martinez and past ABA President Robert Grey Jr. recently introduced a presentation at the Legal Services Corporation Forum on Access to Justice in 2018 on “Using Text Messaging to Improve the Delivery of Legal Services.”
We had a successful Elder & Special Needs Law Symposium in Pinehurst in February. Thank you to the CLE committee who put the program together (Kara Gansmann, Nicki Applefield Engel, and Nancy Mayer). If you were not able to attend, the materials can be acquired through the NCBA CLE. I have already utilized the materials and planning techniques provided during Eric Barnes’ presentation about the new rules and gifting penalty related to the VA’s Aid and Attendance program.
The location for the symposium needs to be reserved a couple of years in advance, so change happens slowly. While Pinehurst has been a good host for quite a few years, we will be holding the symposium in Charlotte next year and then return to Pinehurst in 2021. The goal of the location change next year is to see if we can make the program more accessible and more enjoyable to more of our members. Our CLE committee would be very interested in feedback regarding your opinion about the location of the symposium going forward.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ElderLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngElderLaw2019-03-29 10:03:282019-03-29 10:03:28Elder & Special Needs Law Section: Chair's Comments
Alex Pearce Leading NCBA’s Efforts To Tackle Privacy and Data Security Issues
Featured PostsThe Privacy and Data Security Committee, which formed last year, is well on its way to becoming an NCBA Section. On Jan. 17, the NCBA Board of Governors gave a green light to the committee’s plan to form a new NCBA Section. Formal recognition as an NCBA Section is anticipated in July. In support of this effort, and in the interest of providing members with insight regarding the work of this committee, North Carolina Lawyer is pleased to provide the following question-and-answer interview with Alex Pearce, who currently chairs the committee.
Pearce grew up in Santa Fe, New Mexico, and has strong ties to North Carolina, where his father is from. He is a 2001 graduate of Wake Forest University and a 2004 graduate of Stanford Law School. He focuses his practice on privacy and data security law with Wyrick Robbins in Raleigh. He has been certified by the N.C. State Bar Board of Legal Specialization as a Specialist in Privacy and Information Security Law, and as a Privacy Law Specialist by the International Association of Privacy Professionals, which has been accredited by the American Bar Association to certify lawyers in this specialty. He is a member of both specializations’ inaugural classes.
Read more
An Historic Quarter at the Supreme Court of North Carolina
Appellate PracticeThe members of the NCBA Appellate Practice Section respectfully recognize and honor that the year 2019 marks a crescendo in a highly significant commemorative period for the North Carolina Judicial System, with 2016-2019 milestones including the 50th anniversaries of the unified court system (2016), the District Court (2016), the North Carolina Court of Appeals (2017), and the Administrative Office of the Courts (2016); the 240th anniversary of the Superior Court (2017); and this year’s 200th anniversary of the Supreme Court of North Carolina (2019).
Read more
NC COA: Entry of Default & Specific Performance, Jones v. Jones
Family Law SectionBy Kristin Hampson
Entry of Default, Specific Performance, COA18-478, Jones v. Jones, Feb. 5, 2019, Lee County
This matter was originally appealed in action COA14-507. After certifying this Court’s decision to the district court, Plaintiff filed a motion for entry of default, and a default judgment was entered on the same day. Defendant filed a motion to set aside entry of default more than one month later. The trial court ultimately denied Defendant’s motion to set aside entry of default. Defendant appeals from the trial court’s order denying his motion to set aside entry of default and ordering specific performance. Because the trial court’s findings were supported by the record, and the trial court did not abuse its discretion, the Court of Appeals affirmed the entry of default and order for specific performance.
Read more
NC COA: Child Custody/UCCJEA, Walz v. Walz
Family Law SectionBy Evonne Hopkins
Child custody, subject matter jurisdiction/UCCJEA, COA18-240, Feb. 19, 2019, Walz v. Walz, Carteret County
Holding: The trial court erred in finding that North Carolina was the “home state” of the two minor children and in exercising emergency jurisdiction. The trial court lacked subject matter jurisdiction to make the initial child-custody determination.
In May 2015, Husband and Wife enter into a Separation Agreement (“SAPS”), which gave Wife primary custody of the minor children. The SAPS included a provision that NC would have jurisdiction over matters contained in the agreement. In June/July 2015, Wife moved to Arizona with the minor children.
Read more
NC COA: Equitable Distribution, Nordman v. Nordman
Family Law SectionEquitable Distribution, COA18-405, Feb. 19, 2019, Nordman v. Nordman, Iredell County
Equitable distribution orders and contempt orders are both immediately appealable.
Equitable distribution order remanded for further findings of fact on all factors within Section 50-20(c) supported by the evidence at trial. The trial court must make findings of fact concerning each distributional factor for which evidence is presented and determine in its discretion whether an unequal distribution is equitable.
Read more
Hats, Bracketology and PSAP
Dispute Resolution SectionThe Dispute Resolution Section CLE and Annual Meeting, held in the midst of March Madness, was a big success. Donna Savage and her team put together an outstanding program. All the speakers presented interesting ideas and gave the attendees the value of their decades of conflict resolution experience.
You can still view the program and get CLE and CME Credits. Video replays are set in Cary on May 31 and Concord on June 14. Sign-up here.
Read more
Items of Interest: Gigi Hadid Suit, Fiji Water Girl, ESports Issues
Sports & Entertainment Law SectionMembers of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section:
Gigi Hadid Photo Provokes Copyright Lawsuit
Fiji Water Girl and Fiji Water Company Cross Streams
The ESports Industry-The Top Ten Labor and Employment Law Issues
State, feds seize $100,000 in fake jerseys and other goods during NBA All-Star Game
California Bill Would Allow College Athletes to Keep Amateur Status While Securing Marketing Opportunities
Amazon’s New “Project Zero” – A Way for Brand Owners to Curb Counterfeits
Soccer players sue for equal treatment, pay
U.S. Women’s Soccer Team Sues U.S. Soccer for Gender Discrimination
Inside USWNT’s New Equal Pay Lawsuit vs. U.S. Soccer–and How CBA, EEOC Relate
A Look Inside How Courts Have Applied The Wire Act To Gambling
More Kardashian Drama: A Legal Fight Over Ownership of the Kimoji Emoji Set–Liebensohn v. Kardashian
Bribes and Big-Time Sports: U.S.C. Finds Itself, Once Again, Facing Scandal
Breaking Down Conor McGregor’s Latest Round of Legal Troubles and the Potential Consequences
March Madness! Court Dismisses Lawsuit Over Massive Cyberattack After Basketball Game Loss–Higgins v. Kentucky Sports Radio
Checking In: April 3, 2019
Checking In, Featured PostsRead more
Consider Texting with Clients
Center For Practice Management, Featured PostsBy Catherine Sanders Reach
Many attorneys react to the thought of texting with clients with a solid “no way!” However, attorneys are feeling the pressure to text with clients since texting is a normal communication tool for most everyone these days. Clients in certain industries, such as construction, prefer texting because they are literally in an environment that makes talking on the phone impossible and they use texting in the normal course of business. Modest means and indigent clients may have a voice plan via a low cost carrier, but do not have (unlimited) data, making email a less viable communication form. Courts and public defenders are experimenting with reducing national “failure to appear” rates to avoid bench warrants by reminding defendants via text message about upcoming court dates. Incoming ABA President Judy Perry Martinez and past ABA President Robert Grey Jr. recently introduced a presentation at the Legal Services Corporation Forum on Access to Justice in 2018 on “Using Text Messaging to Improve the Delivery of Legal Services.”
Read more
Elder & Special Needs Law Section: Chair’s Comments
Elder & Special Needs LawBy David W. Silver
We had a successful Elder & Special Needs Law Symposium in Pinehurst in February. Thank you to the CLE committee who put the program together (Kara Gansmann, Nicki Applefield Engel, and Nancy Mayer). If you were not able to attend, the materials can be acquired through the NCBA CLE. I have already utilized the materials and planning techniques provided during Eric Barnes’ presentation about the new rules and gifting penalty related to the VA’s Aid and Attendance program.
The location for the symposium needs to be reserved a couple of years in advance, so change happens slowly. While Pinehurst has been a good host for quite a few years, we will be holding the symposium in Charlotte next year and then return to Pinehurst in 2021. The goal of the location change next year is to see if we can make the program more accessible and more enjoyable to more of our members. Our CLE committee would be very interested in feedback regarding your opinion about the location of the symposium going forward.
Read more