What is a paralegal’s role in higher education? This question was posed to me during one of our North Carolina Bar Association Paralegal Division’s Annual Meetings. The first thought that came to mind was the relief of no longer living my life in six-minute increments! The next was the realization that paralegals and attorneys in higher education wear many hats when dealing with legal matters within a university.
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.pngParalegals2024-09-20 12:03:532024-09-20 12:42:01What is a Paralegal’s Role in Higher Education?
Driving along the interstate, or within your county, you will notice construction projects from the installation of new bridges, widening roads, and more. Have you ever stopped to consider that those construction projects require attorneys – specifically, government and public sector attorneys?
The North Carolina General Assembly grants the Department of Transportation the power to acquire private land to create transportation infrastructure. This includes acquiring easements or fee simple title to land, and land improvements, as necessary for road construction, maintenance, and repair, or other transportation projects deemed appropriate. An acquisition of land by the state is most commonly known as eminent domain.
The North Carolina Department of Justice’s Condemnation Section represents the North Carolina Department of Transportation in such matters before North Carolina Superior Courts. Condemnation proceedings are instituted by the Department of Transportation’s filing of a Complaint and Declaration of Taking. Upon those filings, along with filing a “deposit,” which is a sum estimated by the Department of Transportation to be just compensation, title to the property and the right to immediate possession vests in the Department of Transportation. The landowner has twelve months to file an Answer. If they do not, then the deposit is deemed to have been accepted as just compensation and a final judgment may be entered. If an Answer is filed, then the deposit amount is in dispute, and the case may be negotiated, mediated, and/or litigated.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00GovernmentandPublicSectorhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngGovernmentandPublicSector2024-09-17 10:57:032024-09-17 11:01:18What is Condemnation Law in the Government and Public Sector?
Section 409A addresses the taxation of nonqualified deferred compensation plans. A nonqualified deferred compensation plan is any arrangement that provides for the deferral of compensation, subject to exceptions. Section 409A is a response to executive compensation practices Congress felt were inappropriately beneficial.
Amounts deferred that do not meet the requirements of Section 409A generally are immediately includible in gross income (to the extent not subject to a substantial risk of forfeiture or previously included in income). Additionally, a 20% excise tax is imposed on the amount included in income. Interest at the federal penalty rate plus 1% is charged from the date of each failure. All such amounts are charged to the employee, rather than for the employer.
“I like a woman who’s not afraid to go after what she wants.” That is why Justice O’Connor hired Sarah Boyce to clerk for her in 2015. As a retired justice, Justice O’Connor could only hire one clerk per year. Sarah had applied for this clerkship and was preparing for an interview only to find out that Justice O’Connor had already hired a clerk for that year. She went to the interview anyway, but as the interview was ending, she decided to address the elephant in the room. “Justice O’Connor, I heard that you have already hired a clerk for this coming term; I want you to know that I am willing to work for you anytime.” Justice O’Connor respected her perseverance and offered her a clerkship for a later year.
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.pngAppellate2024-09-13 14:51:382024-09-13 15:49:28A Panel of O’Connor Clerks Share Her Legacy With NCBA Members
Jay Jerkins and I, co-chairs of the Pro Bono section, want to welcome you to a new bar year with new opportunities for pro bono work. Why is pro bono important? The North Carolina State Bar asks each lawyer to commit to providing 50 hours of legal services to those who are unable to pay, according to Rule 6.1, which states in further detail: every lawyer should
“(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:
(1) persons of limited means;
(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; or
(3) individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization’s economic resources or would be otherwise inappropriate;
(b) provide any additional services through:
(1) the delivery of legal services described in paragraph (a) at a substantially reduced fee; or
(2) participation in activities for improving the law, the legal system or the legal profession.
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.pngFamilyLaw2024-09-12 09:22:032024-09-12 11:05:53What Can Pro Bono Do for You?
The legal profession has some of the most overwhelming workloads. It can be easy to get caught up in overscheduling and becoming stressed before the end of the day. Often, the amount of time tasks will take is underestimated, which leaves employees playing catch up or lawyers having to stay late at the office or take work home. The quality of your work-life balance can contribute directly to your overall health and wellness, which, in turn, will help your productivity and work product in the long term.
Healthy Strategies to Improve Work-Life Balance
Exercise
Even if all you have time for is two small breaks a day, get outside and walk or jog. If getting outside for fresh air is not feasible, then walking pads are an affordable alternative. If you can, try to get to the gym three times a week at a time that works best for you. A number of studies have shown that regular physical activity can relieve stress and improve mental clarity, allowing you to think about how to structure your work tasks better for your week.
As your new Chairperson of the Family Law Section, it is my distinct pleasure to unveil an initiative that is close to my heart and crucial to our collective well-being. I am calling it the Family Law Attorney Wellness (FLAW) initiative.
In our demanding field, we are often so focused on the needs of our clients that we may neglect our own health and well-being. This is a FLAW. The intense emotional and intellectual demands of family law can lead to significant stress, burnout, addiction, and other mental health challenges. This is a FLAW. According to a study by the American Bar Association, 28% of practicing attorneys struggle with depression and more than 50% report having experienced burnout. This is a FLAW. It is time that we acknowledge and address these issues head-on, fostering a culture that supports the well-being of every attorney in our community. We are going to reclaim the FLAW and make it work for us.
Attorney Coleman Cowan, former Emmy award-winning 60 Minutes producer, and successful personal injury litigator, also just became a Senior Lecturing Fellow at Duke University School of Law. He is a graduate of the University of North Carolina at Chapel Hill (undergrad) and Wake Forest University School of Law who went on to get a master’s degree in journalism from Columbia University in New York City.
Coleman Cowan
His graduate thesis was his investigative journalism into DNA testing on rape kits at the NYPD, and ultimately launched his career at 60 Minutes. Attorney Cowan will be our captivating guest lecturer for the Lunch Program at the Fall CLE, presenting on the topic: “To Live, Not Exist: What Our Experiences Can Teach Us about Managing Stress and Anxiety.”
You can attend this CLE in person at the Marriott Greensboro Downtown or via webcast.
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.pngFamilyLaw2024-09-06 16:18:252024-09-06 16:18:25Phone-A-Friend (2024 Family Law Fall CLE Program) - September 13, 2024
In the world of technology, I am more curious than skilled. As a solo practitioner, mediator and arbitrator, my skill set can generously be described as “adaptive.” When I lost an entire federal court brief in a technological swamp the night before it was due and had to pull an all-nighter to recreate it, I learned a hard lesson about saving backups. An email hack taught me about both two-factor authentication (and that I could repurpose swear words I had archived for more life-threatening emergencies).
Technology in alternative dispute resolution has been a story of adaptation, too. During the pandemic, we quickly learned how to use Zoom for mediations, arbitrations and court hearings. For many of us, Zoom mediations remain a significant part of what we do. But as naturally cautious lawyers, few of us welcome the opportunity to dip our toes into machine learning or purely online adaptations to the classic forms and forums we have grown accustomed to.
Despite the uncertainty we may feel, technology is transforming everything we know, and machine learning and other technology promise to be a bigger and bigger part of our lives. If you’re like me, AI has become a go-to resource in drafting simple letters, planning vacation itineraries and other rudimentary tasks. On a weekly basis, too, I get notifications about AI or other technological resources that are becoming routine in the practice of law.
A federal district court recently ruled that the Federal Trade Commission’s ban on employment-based non-competes is unlawful and therefore shall not be enforceable or otherwise become effective. The FTC reportedly will consider appealing that decision.[1] The FTC has not yet filed a notice of appeal, which is due on or before Monday, October 21, 2024.[2]
Earlier this year, the FTC voted to enact Part 910 of Title 16 of the Code of Federal Regulations—a federal regulation banning most employment-based non-competes.[3] That rule was set to become effective on September 4, 2024.[4] But, based on summary judgment entered in the Northern District of Texas, Part 910’s non-compete ban and notice requirements will not take effect on September 4, 2024.[5]
The Northern District of Texas Opinion
The opinion supporting summary judgment declares that the FTC did not have statutory authority to enact Part 910 and that the FTC’s non-compete ban is “arbitrary and capricious.” According to the court’s reasoning, neither Section 6(g) nor Section 18 of the FTC Act provide a basis for the FTC to substantively regulate “unfair methods of competition.”[6] The decision’s statutory authority analysis ends there, leaving other arguments like the “major questions” doctrine unaddressed.[7] The court further determined that the FTC’s non-compete ban was “arbitrary and capricious,” and therefore illegal, because the ban is “unreasonably overbroad.”[8] According to the decision, the FTC enacted the ban based on inapposite evidence and without consideration of appropriate alternatives.[9] Having determined that Part 910 is illegal, the court held that Fifth Circuit precedent interpreting the Administrative Procedures Act requires a nationwide set aside of the illegal agency action.[10] Thus, because the FTC enacted the ban without proper evidence, consideration, or authority, the court ruled that Part 910 shall not become effective.[11]
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Businesshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBusiness2024-08-29 08:49:182025-06-12 10:26:28A Federal Court Orders That the FTC Non-Compete Ban Shall Not Take Effect Across US
What is a Paralegal’s Role in Higher Education?
Paralegal DivisionWhat is a paralegal’s role in higher education? This question was posed to me during one of our North Carolina Bar Association Paralegal Division’s Annual Meetings. The first thought that came to mind was the relief of no longer living my life in six-minute increments! The next was the realization that paralegals and attorneys in higher education wear many hats when dealing with legal matters within a university.
Read more
What is Condemnation Law in the Government and Public Sector?
Government & Public SectorDriving along the interstate, or within your county, you will notice construction projects from the installation of new bridges, widening roads, and more. Have you ever stopped to consider that those construction projects require attorneys – specifically, government and public sector attorneys?
The North Carolina General Assembly grants the Department of Transportation the power to acquire private land to create transportation infrastructure. This includes acquiring easements or fee simple title to land, and land improvements, as necessary for road construction, maintenance, and repair, or other transportation projects deemed appropriate. An acquisition of land by the state is most commonly known as eminent domain.
The North Carolina Department of Justice’s Condemnation Section represents the North Carolina Department of Transportation in such matters before North Carolina Superior Courts. Condemnation proceedings are instituted by the Department of Transportation’s filing of a Complaint and Declaration of Taking. Upon those filings, along with filing a “deposit,” which is a sum estimated by the Department of Transportation to be just compensation, title to the property and the right to immediate possession vests in the Department of Transportation. The landowner has twelve months to file an Answer. If they do not, then the deposit is deemed to have been accepted as just compensation and a final judgment may be entered. If an Answer is filed, then the deposit amount is in dispute, and the case may be negotiated, mediated, and/or litigated.
You can learn more about the condemnation powers granted to the North Carolina Department of Transportation. Understand the Right of Way Process by accessing this guide.
Basics of Section 409A
Tax SectionSection 409A addresses the taxation of nonqualified deferred compensation plans. A nonqualified deferred compensation plan is any arrangement that provides for the deferral of compensation, subject to exceptions. Section 409A is a response to executive compensation practices Congress felt were inappropriately beneficial.
Amounts deferred that do not meet the requirements of Section 409A generally are immediately includible in gross income (to the extent not subject to a substantial risk of forfeiture or previously included in income). Additionally, a 20% excise tax is imposed on the amount included in income. Interest at the federal penalty rate plus 1% is charged from the date of each failure. All such amounts are charged to the employee, rather than for the employer.
Read more
A Panel of O’Connor Clerks Share Her Legacy With NCBA Members
Appellate PracticeBy David A. Bragdon
“I like a woman who’s not afraid to go after what she wants.” That is why Justice O’Connor hired Sarah Boyce to clerk for her in 2015. As a retired justice, Justice O’Connor could only hire one clerk per year. Sarah had applied for this clerkship and was preparing for an interview only to find out that Justice O’Connor had already hired a clerk for that year. She went to the interview anyway, but as the interview was ending, she decided to address the elephant in the room. “Justice O’Connor, I heard that you have already hired a clerk for this coming term; I want you to know that I am willing to work for you anytime.” Justice O’Connor respected her perseverance and offered her a clerkship for a later year.
Read more
What Can Pro Bono Do for You?
Family Law SectionJay Jerkins and I, co-chairs of the Pro Bono section, want to welcome you to a new bar year with new opportunities for pro bono work. Why is pro bono important? The North Carolina State Bar asks each lawyer to commit to providing 50 hours of legal services to those who are unable to pay, according to Rule 6.1, which states in further detail: every lawyer should
“(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:
(1) persons of limited means;
(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; or
(3) individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization’s economic resources or would be otherwise inappropriate;
(b) provide any additional services through:
(1) the delivery of legal services described in paragraph (a) at a substantially reduced fee; or
(2) participation in activities for improving the law, the legal system or the legal profession.
Read more
Work-Life Balance and Wellness
Paralegal DivisionThe legal profession has some of the most overwhelming workloads. It can be easy to get caught up in overscheduling and becoming stressed before the end of the day. Often, the amount of time tasks will take is underestimated, which leaves employees playing catch up or lawyers having to stay late at the office or take work home. The quality of your work-life balance can contribute directly to your overall health and wellness, which, in turn, will help your productivity and work product in the long term.
Healthy Strategies to Improve Work-Life Balance
Exercise
Even if all you have time for is two small breaks a day, get outside and walk or jog. If getting outside for fresh air is not feasible, then walking pads are an affordable alternative. If you can, try to get to the gym three times a week at a time that works best for you. A number of studies have shown that regular physical activity can relieve stress and improve mental clarity, allowing you to think about how to structure your work tasks better for your week.
Read more
Family Law Attorney Wellness (FLAW) Initiative
Family Law SectionAs your new Chairperson of the Family Law Section, it is my distinct pleasure to unveil an initiative that is close to my heart and crucial to our collective well-being. I am calling it the Family Law Attorney Wellness (FLAW) initiative.
In our demanding field, we are often so focused on the needs of our clients that we may neglect our own health and well-being. This is a FLAW. The intense emotional and intellectual demands of family law can lead to significant stress, burnout, addiction, and other mental health challenges. This is a FLAW. According to a study by the American Bar Association, 28% of practicing attorneys struggle with depression and more than 50% report having experienced burnout. This is a FLAW. It is time that we acknowledge and address these issues head-on, fostering a culture that supports the well-being of every attorney in our community. We are going to reclaim the FLAW and make it work for us.
Read more
Phone-A-Friend (2024 Family Law Fall CLE Program) – September 13, 2024
Family Law SectionColeman Cowan – featured speaker!
Attorney Coleman Cowan, former Emmy award-winning 60 Minutes producer, and successful personal injury litigator, also just became a Senior Lecturing Fellow at Duke University School of Law. He is a graduate of the University of North Carolina at Chapel Hill (undergrad) and Wake Forest University School of Law who went on to get a master’s degree in journalism from Columbia University in New York City.
Coleman Cowan
His graduate thesis was his investigative journalism into DNA testing on rape kits at the NYPD, and ultimately launched his career at 60 Minutes. Attorney Cowan will be our captivating guest lecturer for the Lunch Program at the Fall CLE, presenting on the topic: “To Live, Not Exist: What Our Experiences Can Teach Us about Managing Stress and Anxiety.”
You can attend this CLE in person at the Marriott Greensboro Downtown or via webcast.
Register for the fall CLE program.
What Now, Alexa?
Dispute Resolution SectionIn the world of technology, I am more curious than skilled. As a solo practitioner, mediator and arbitrator, my skill set can generously be described as “adaptive.” When I lost an entire federal court brief in a technological swamp the night before it was due and had to pull an all-nighter to recreate it, I learned a hard lesson about saving backups. An email hack taught me about both two-factor authentication (and that I could repurpose swear words I had archived for more life-threatening emergencies).
Technology in alternative dispute resolution has been a story of adaptation, too. During the pandemic, we quickly learned how to use Zoom for mediations, arbitrations and court hearings. For many of us, Zoom mediations remain a significant part of what we do. But as naturally cautious lawyers, few of us welcome the opportunity to dip our toes into machine learning or purely online adaptations to the classic forms and forums we have grown accustomed to.
Despite the uncertainty we may feel, technology is transforming everything we know, and machine learning and other technology promise to be a bigger and bigger part of our lives. If you’re like me, AI has become a go-to resource in drafting simple letters, planning vacation itineraries and other rudimentary tasks. On a weekly basis, too, I get notifications about AI or other technological resources that are becoming routine in the practice of law.
Read more
A Federal Court Orders That the FTC Non-Compete Ban Shall Not Take Effect Across US
Business LawA federal district court recently ruled that the Federal Trade Commission’s ban on employment-based non-competes is unlawful and therefore shall not be enforceable or otherwise become effective. The FTC reportedly will consider appealing that decision.[1] The FTC has not yet filed a notice of appeal, which is due on or before Monday, October 21, 2024.[2]
Earlier this year, the FTC voted to enact Part 910 of Title 16 of the Code of Federal Regulations—a federal regulation banning most employment-based non-competes.[3] That rule was set to become effective on September 4, 2024.[4] But, based on summary judgment entered in the Northern District of Texas, Part 910’s non-compete ban and notice requirements will not take effect on September 4, 2024.[5]
The Northern District of Texas Opinion
The opinion supporting summary judgment declares that the FTC did not have statutory authority to enact Part 910 and that the FTC’s non-compete ban is “arbitrary and capricious.” According to the court’s reasoning, neither Section 6(g) nor Section 18 of the FTC Act provide a basis for the FTC to substantively regulate “unfair methods of competition.”[6] The decision’s statutory authority analysis ends there, leaving other arguments like the “major questions” doctrine unaddressed.[7] The court further determined that the FTC’s non-compete ban was “arbitrary and capricious,” and therefore illegal, because the ban is “unreasonably overbroad.”[8] According to the decision, the FTC enacted the ban based on inapposite evidence and without consideration of appropriate alternatives.[9] Having determined that Part 910 is illegal, the court held that Fifth Circuit precedent interpreting the Administrative Procedures Act requires a nationwide set aside of the illegal agency action.[10] Thus, because the FTC enacted the ban without proper evidence, consideration, or authority, the court ruled that Part 910 shall not become effective.[11]
Read more