As winter turns to spring, it’s a good time to freshen up on the N.C. Rules of Appellate Procedure! Did you know that new rules went into effect on Jan. 1, 2017? You will want to review these new rules before drafting your next appellate brief!
Perhaps the biggest change is that your likely go-to font, Courier, no longer complies with the rules. Your brief will also need a certificate of compliance for word count. The new rules also cover how en banc review will work. Please read the ARC Memo On New Rules for additional changes. Please also note that some minor changes to Rule 7 went into effect on March 16, 2017.
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.pngNCBARBLOG2017-03-20 16:18:222017-03-20 16:18:22New Rules Of Appellate Procedure For North Carolina
From the U.S. Equal Employment Opportunity Commission:
The Charlotte District Office of the U.S. Equal Employment Opportunity Commission (EEOC) is one of five offices that will pilot the EEOC Online Inquiry and Appointment System, the district office announced this week. The system launched on March 13, 2017, and will allow people who live or work within 100 miles of the district office the ability to electronically submit an inquiry and schedule an in-person interview. The initial inquiry and interview are key initial steps for individuals seeking to file a charge of discrimination with the EEOC.
The EEOC receives about 200,000 inquiries per year through the mail, in person and by phone, and about 90,000 of those inquiries become formal charges of discrimination filed with the agency, making the charge-filing process the agency’s most common interaction with the public. This new online system is part of the EEOC’s ACT Digital initiative to improve service to the public, streamline the administrative process, and reduce the use of paper submissions and files.
“The Charlotte District Office is pleased to be one of the offices selected for the rollout of the Online Inquiry and Appointment System,” said EEOC Charlotte District Director Reuben Daniels, Jr. “We recognize that more than ever online systems are being used to request services and to conduct business. This system is a way for us to increase our interaction with, and be accessible to, the public we serve. We are available to answer questions and respond to feedback from users and can give presentations on the system for stakeholder organizations. I am confident this system will be as well received as the other phases of ACT Digital.”
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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.pngNCBARBLOG2017-03-17 14:30:432017-03-17 14:30:43EEOC Charlotte District Office Pilots Online Inquiry System
“The only constant in life is change.” So wrote Heraclitus about 2,500 years ago on a papyrus roll using a stylus dipped in ink. Time has proven him correct.
Although change was a very real part of life during the era of Heraclitus, change in our lifetime is accelerating at an unprecedented pace. Gordon Moore, the co-founder of Intel, observed that the pace of technological change in the microchip processor industry seemed to be doubling every year, and he predicted that the trend would continue. Now known as “Moore’s Law,” his statement is often applied more generally to all technology: It is said that the rate of technological change doubles yearly. Other aspects of life, including societal values and international commerce, are also changing with extraordinary speed.
While we all understand that the law typically lags behind technological and social changes, the law and the legal profession are nonetheless changing at an increasingly rapid pace. The sheer size and scope of law grows daily as regulatory agencies promulgate thousands of pages of new rules and guidance (80,260 pages published in the Federal Register alone in 2015, according to the Regulatory Studies Center at George Washington University) and hundreds of courts and agencies create new precedent. As the law becomes exponentially more complex and changes ever more rapidly, lawyers (and the growing industries that complement or compete with lawyers to provide legal services) must evolve … and they are.
https://www.ncbarblog.com/wp-content/uploads/2016/02/1072645_98618032-e1489514705543.jpg9201592NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-03-15 11:45:002017-03-15 11:45:00Change Is Coming Fast (!)
Please note that the Hilton Riverside in Wilmington is currently full. We have obtained rooms near by at the Courtyard Marriott. Please make your hotel reservations by clicking here. If you haven’t signed up for the Annual Meeting/CLE you can do so by clicking here. This is a great program with a variety of top-notch speakers!
Join us the night before at Elijah’s Restaurant for a joint reception with Sports & Entertainment Law Section (guests welcomed). Click here to rsvp! See you next month in Wilmington!
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.pngNCBARBLOG2017-03-14 11:06:282017-03-14 11:06:28Annual Meeting Hotel Information for NCBA Intellectual Property Law Section
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.pngNCBARBLOG2017-03-14 10:34:522017-03-14 10:34:52Articles of Interest
Since 2007, seven states have changed their laws to include youth 16 and 17 years of age in the juvenile justice system, cutting the number of youth in the criminal justice system in half nationwide and without any detrimental effects on the wallets of taxpayers. North Carolina and New York still remain the only two states that treat 16- and 17-year-olds as adults.
Last week, House Bill 280, the Juvenile Justice Reinvestment Act, which raises the age to include juveniles 16 and 17 years of age in the North Carolina juvenile justice system, was introduced to the legislator and announced during a press conference. Rep. Chuck McGrady stated that “besides being the right thing to do, this bill was also fiscally the right thing to do” because it would save the state money in the long term.
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.pngNCBARBLOG2017-03-13 13:56:442017-03-13 13:56:44Raise the Age NC Is Becoming a Reality with Introduction of New Bill
Editor’s note: This article appears in the February 2017 edition of North Carolina Lawyer and the December edition of the NCBA’s Juvenile Justice & Children’s Rights Section newsletter.
Most parents today are warning their teenagers about the dangers of sharing sexually explicit images of themselves with others by cell phone or computer, also known as sexting. The behavior is not only inappropriate, but it also exposes teens to potential embarrassment, humiliation, and further victimization if the photos are disclosed to third parties without their consent. However, the potential harm caused by sexting goes far beyond the social stigma.
A growing number of teens in NC and across the nation are facing criminal charges for sexting. LaToya Powell, Teen “Sexting” is a Problem, But Is it a Crime?, NC Crim. Law Blog (Sept. 8, 2015, 8:29 AM), http://nccriminallaw.sog.unc.edu/teen-sexting-is-a-problem-but-is-it-a-crime/. Because the state does not have a sexting specific law, the conduct is typically prosecuted under laws prohibiting child pornography and obscenity. Id. These offenses carry severe penalties, including a permanent criminal record, sex offender registration, and imprisonment for up to 20 years for juveniles who are charged as adults.[1] Advocates argue that such harsh consequences are grossly disproportionate to the harm caused by consensual teen sexting and many states have created new laws to address the problem.
https://www.ncbarblog.com/wp-content/uploads/2017/03/SextHeader.jpg7501408NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-03-10 14:25:002017-03-10 14:25:00Teen Sexting Prosecutions Expose Harsh Gap In N.C. Law
On March 6, 2017, the Supreme Court remanded a case about a transgender boy’s right to use the bathroom associated with his gender identity. Gavin Grimm, a transgender boy, wanted to use the boys’ restroom at his high school. After Gavin had been using the boys’ restroom for seven weeks with the school’s permission, the local school board passed a policy that banned Gavin Grimm from using the boys’ restroom. Gavin Grimm filed for an injunction to use the bathroom based on his gender identity.
The U.S. District Court for the Eastern District of Virginia, 122 F. Supp. 3d 736 (2015), dismissed Grimm’s Title IX claim. On appeal, the primary issue for the 4th Circuit was whether Title IX requires schools to provide transgender students restroom access that comports with the student’s gender identity as stated in 34 CFR 106.33. G.G. v. Gloucester County School Board, 822 F.3d 719 (2016). The regulation permits the provision of “separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities for students of the other sex.” On Jan. 7, 2015, the Department of Education’s Office for Civil Rights interpreted 34 C.F.R. 106.33 as requiring that if a school treats students differently due to their sex, the school must also treat transgender students consistent with their identity.
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.pngNCBARBLOG2017-03-08 14:10:232017-03-08 14:10:23SCOTUS Sends Transgender School Case Back To 4th Circuit
On a chilly night in Durham last November, nearly 200 NCBA members and guests saw a side of President Kearns Davis that, until previously, only a handful of family members and the Duke football faithful might have known – that of Coach Kearns Davis. The UNC vs. Duke football game last fall marked the first Member Event of this bar year, and as fans approached the tent, they were greeted with a slightly (25 years) younger life-size cutout of Davis from his days as an assistant Blue Devils coach in 1991. And while the archived picture was a surprise to Davis and his family, the popularity and success of this Member Event and others has come to be expected.
Since the formation of Member Events in 2015, nearly all experiences have been a sellout, including the 100 seats allotted for the Feb. 11 Charlotte Hornets vs. LA Clippers game. Member Events are designed to bring unique and high-demand educational and entertainment experiences at cost-conscious prices to NCBA members and guests. The next Member Event will be Irish I Were At March Madness! on St. Patrick’s Day, March 17, when all members are invited to view the live NCAA tournament games on our new HD widescreen projector in the auditorium at the Bar Center in Cary. The event, which will include complimentary beer from Lonerider Brewing, is free for members and guests, but registration is required.
https://www.ncbarblog.com/wp-content/uploads/2017/03/HornetsHeader.jpg5001408NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2017-03-08 13:45:002017-03-08 13:45:00Next Up For NCBA Membership Events: A March Madness-St. Patrick's Day Mash-Up
Art MacCord is a patent attorney with 38 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. Please find his most recent link below.
U.S. Copyright Office launched its updated website: www.copyright.gov
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.pngNCBARBLOG2017-03-08 11:04:032017-03-08 11:04:03MacCord’s List: IP Notices & News From Art MacCord
New Rules Of Appellate Procedure For North Carolina
Government & Public SectorGovernment & Public Sector Section
By Jennifer M. Jones
As winter turns to spring, it’s a good time to freshen up on the N.C. Rules of Appellate Procedure! Did you know that new rules went into effect on Jan. 1, 2017? You will want to review these new rules before drafting your next appellate brief!
Perhaps the biggest change is that your likely go-to font, Courier, no longer complies with the rules. Your brief will also need a certificate of compliance for word count. The new rules also cover how en banc review will work. Please read the ARC Memo On New Rules for additional changes. Please also note that some minor changes to Rule 7 went into effect on March 16, 2017.
EEOC Charlotte District Office Pilots Online Inquiry System
Labor & Employment LawFrom the U.S. Equal Employment Opportunity Commission:
The Charlotte District Office of the U.S. Equal Employment Opportunity Commission (EEOC) is one of five offices that will pilot the EEOC Online Inquiry and Appointment System, the district office announced this week. The system launched on March 13, 2017, and will allow people who live or work within 100 miles of the district office the ability to electronically submit an inquiry and schedule an in-person interview. The initial inquiry and interview are key initial steps for individuals seeking to file a charge of discrimination with the EEOC.
The EEOC receives about 200,000 inquiries per year through the mail, in person and by phone, and about 90,000 of those inquiries become formal charges of discrimination filed with the agency, making the charge-filing process the agency’s most common interaction with the public. This new online system is part of the EEOC’s ACT Digital initiative to improve service to the public, streamline the administrative process, and reduce the use of paper submissions and files.
People can access the Online Inquiry and Appointment System at https://publicportal.eeoc.gov/Portal/ or from the EEOC’s website at https://www.eeoc.gov/employees/online_inquiry.cfm. The agency plans to evaluate the public’s experience with the new system prior to a nationwide rollout later this fiscal year.
“The Charlotte District Office is pleased to be one of the offices selected for the rollout of the Online Inquiry and Appointment System,” said EEOC Charlotte District Director Reuben Daniels, Jr. “We recognize that more than ever online systems are being used to request services and to conduct business. This system is a way for us to increase our interaction with, and be accessible to, the public we serve. We are available to answer questions and respond to feedback from users and can give presentations on the system for stakeholder organizations. I am confident this system will be as well received as the other phases of ACT Digital.”
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
Change Is Coming Fast (!)
Featured Posts“The only constant in life is change.” So wrote Heraclitus about 2,500 years ago on a papyrus roll using a stylus dipped in ink. Time has proven him correct.
Although change was a very real part of life during the era of Heraclitus, change in our lifetime is accelerating at an unprecedented pace. Gordon Moore, the co-founder of Intel, observed that the pace of technological change in the microchip processor industry seemed to be doubling every year, and he predicted that the trend would continue. Now known as “Moore’s Law,” his statement is often applied more generally to all technology: It is said that the rate of technological change doubles yearly. Other aspects of life, including societal values and international commerce, are also changing with extraordinary speed.
While we all understand that the law typically lags behind technological and social changes, the law and the legal profession are nonetheless changing at an increasingly rapid pace. The sheer size and scope of law grows daily as regulatory agencies promulgate thousands of pages of new rules and guidance (80,260 pages published in the Federal Register alone in 2015, according to the Regulatory Studies Center at George Washington University) and hundreds of courts and agencies create new precedent. As the law becomes exponentially more complex and changes ever more rapidly, lawyers (and the growing industries that complement or compete with lawyers to provide legal services) must evolve … and they are.
Read more
Annual Meeting Hotel Information for NCBA Intellectual Property Law Section
Intellectual Property Law SectionPlease note that the Hilton Riverside in Wilmington is currently full. We have obtained rooms near by at the Courtyard Marriott. Please make your hotel reservations by clicking here. If you haven’t signed up for the Annual Meeting/CLE you can do so by clicking here. This is a great program with a variety of top-notch speakers!
Join us the night before at Elijah’s Restaurant for a joint reception with Sports & Entertainment Law Section (guests welcomed). Click here to rsvp! See you next month in Wilmington!
Articles of Interest
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:
Flo and Eddie NY Suit on Pre-1972 Sound Recordings Ordered Dismissed By Court of Appeals – No Issues with Copies Made in the Transmission Process
http://www.broadcastlawblog.com/2017/02/articles/flo-and-eddie-ny-suit-on-pre-1972-sound-recordings-ordered-dismissed-by-court-of-appeals-no-issues-with-copies-made-in-the-transmission-process/#page=1
The Copyrightability of Yoga Poses, Dance Moves and Exercise Routines
http://www.lexology.com/library/document.ashx?g=d29b84f1-06d7-422e-b513-570b3fc1c96a#page=1
Super Bowl Ads Get Political
https://www.manatt.com/Insights/Newsletters/Advertising-Law/Not-So-Smart-TV-Vizio-Settles-Over-Data-Collectio#Article2
NFL Owners, Commissioner Consider Question of NFL Conduct Policies Regulating Non-Football Offenses Once Again http://www.collegeandprosportslaw.com/uncategorized/question-of-nfl-conduct-policies-regulating-non-football-offenses-again-before-owners-commissioner/#page=1
Onza Partners SL v. Sony Pictures Entertainment Inc.
http://www.loeb.com/publications-ipentertainmentcaselawupdates-20170215-onzavsony
Pierce v. Warner Bros. Entertainment, Inc.
http://www.loeb.com/publications-ipentertainmentcaselawupdates-20170215-percevwarnerbros
Big Data in Sports: Changing the Game
http://www.loeb.com/publications-clienreports-20170223-bigdatainsports
Parties in Star Trek Fan Litigation Don’t Boldly Go Into the Unknown; Settle Claims
https://incontestableblog.com/2017/02/27/parties-in-star-trek-fan-litigation-dont-boldly-go-into-the-unknown-settle-claims/
Federal Court Preliminarily Enjoins California Law that Prohibits Reporting Actors’ Ages http://www.haynesboone.com/publications/reporting-actors-ages
Raise the Age NC Is Becoming a Reality with Introduction of New Bill
Juvenile Justice & Children's RightsSince 2007, seven states have changed their laws to include youth 16 and 17 years of age in the juvenile justice system, cutting the number of youth in the criminal justice system in half nationwide and without any detrimental effects on the wallets of taxpayers. North Carolina and New York still remain the only two states that treat 16- and 17-year-olds as adults.
Last week, House Bill 280, the Juvenile Justice Reinvestment Act, which raises the age to include juveniles 16 and 17 years of age in the North Carolina juvenile justice system, was introduced to the legislator and announced during a press conference. Rep. Chuck McGrady stated that “besides being the right thing to do, this bill was also fiscally the right thing to do” because it would save the state money in the long term.
Read more
Teen Sexting Prosecutions Expose Harsh Gap In N.C. Law
Featured PostsBy LaToya B. Powell
Most parents today are warning their teenagers about the dangers of sharing sexually explicit images of themselves with others by cell phone or computer, also known as sexting. The behavior is not only inappropriate, but it also exposes teens to potential embarrassment, humiliation, and further victimization if the photos are disclosed to third parties without their consent. However, the potential harm caused by sexting goes far beyond the social stigma.
A growing number of teens in NC and across the nation are facing criminal charges for sexting. LaToya Powell, Teen “Sexting” is a Problem, But Is it a Crime?, NC Crim. Law Blog (Sept. 8, 2015, 8:29 AM), http://nccriminallaw.sog.unc.edu/teen-sexting-is-a-problem-but-is-it-a-crime/. Because the state does not have a sexting specific law, the conduct is typically prosecuted under laws prohibiting child pornography and obscenity. Id. These offenses carry severe penalties, including a permanent criminal record, sex offender registration, and imprisonment for up to 20 years for juveniles who are charged as adults.[1] Advocates argue that such harsh consequences are grossly disproportionate to the harm caused by consensual teen sexting and many states have created new laws to address the problem.
Read more
SCOTUS Sends Transgender School Case Back To 4th Circuit
Labor & Employment LawOn March 6, 2017, the Supreme Court remanded a case about a transgender boy’s right to use the bathroom associated with his gender identity. Gavin Grimm, a transgender boy, wanted to use the boys’ restroom at his high school. After Gavin had been using the boys’ restroom for seven weeks with the school’s permission, the local school board passed a policy that banned Gavin Grimm from using the boys’ restroom. Gavin Grimm filed for an injunction to use the bathroom based on his gender identity.
The U.S. District Court for the Eastern District of Virginia, 122 F. Supp. 3d 736 (2015), dismissed Grimm’s Title IX claim. On appeal, the primary issue for the 4th Circuit was whether Title IX requires schools to provide transgender students restroom access that comports with the student’s gender identity as stated in 34 CFR 106.33. G.G. v. Gloucester County School Board, 822 F.3d 719 (2016). The regulation permits the provision of “separate toilet, locker room, and shower facilities on the basis of sex, but such facilities provided for students of one sex shall be comparable to such facilities for students of the other sex.” On Jan. 7, 2015, the Department of Education’s Office for Civil Rights interpreted 34 C.F.R. 106.33 as requiring that if a school treats students differently due to their sex, the school must also treat transgender students consistent with their identity.
Read more
Next Up For NCBA Membership Events: A March Madness-St. Patrick’s Day Mash-Up
Featured PostsOn a chilly night in Durham last November, nearly 200 NCBA members and guests saw a side of President Kearns Davis that, until previously, only a handful of family members and the Duke football faithful might have known – that of Coach Kearns Davis. The UNC vs. Duke football game last fall marked the first Member Event of this bar year, and as fans approached the tent, they were greeted with a slightly (25 years) younger life-size cutout of Davis from his days as an assistant Blue Devils coach in 1991. And while the archived
picture was a surprise to Davis and his family, the popularity and success of this Member Event and others has come to be expected.
Since the formation of Member Events in 2015, nearly all experiences have been a sellout, including the 100 seats allotted for the Feb. 11 Charlotte Hornets vs. LA Clippers game. Member Events are designed to bring unique and high-demand educational and entertainment experiences at cost-conscious prices to NCBA members and guests. The next Member Event will be Irish I Were At March Madness! on St. Patrick’s Day, March 17, when all members are invited to view the live NCAA tournament games on our new HD widescreen projector in the auditorium at the Bar Center in Cary. The event, which will include complimentary beer from Lonerider Brewing, is free for members and guests, but registration is required.
Read more
MacCord’s List: IP Notices & News From Art MacCord
Intellectual Property Law SectionArt MacCord is a patent attorney with 38 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. Please find his most recent link below.
U.S. Copyright Office launched its updated website: www.copyright.gov