The North Carolina Supreme Court recently missed an opportunity to write a meaty opinion on insurance policies’ “Coverage B” provisions that insurance practitioners regularly debate. In North Carolina Farm Bureau Mut. Ins. Co. v. Lanier Law Group, P.A., 277 N.C. App. 605, 861 S.E.2d 565 (2021), aff’d per curiam, __ N.C. __, 898 S.E.2d 279 (2024) (“Lanier”), the parties ably teed up multiple issues of first impression involving Coverage B of an excess business liability policy. However, instead of addressing the issues head-on, the Court voted 3-3 to affirm an unsatisfying ruling from the Court of Appeals based on a single exclusion, thereby setting no precedent and giving no guidance for future disputes involving Coverage B.
The central question in Lanier was whether a law firm’s excess business policy liability obligated an insurer to defend against allegations that the firm violated the Driver’s Privacy Protection Act of 1994, 18 U.S.C., § 2721 et seq. (“DPPA”). Lanier Law Group (“LLG”), a firm focused on plaintiffs’ personal injury cases, was one of many firms in the state that culled accident reports and used the information they collected to contact potential clients (i.e., accident victims) about legal services through direct mail. In 2016, LLG and other firms were named as defendants in a putative class-action lawsuit in the Middle District of North Carolina. Garey v. James S. Farrin, Case No. 1:16-cv-00542-LCB-JLW (“Garey”). The Garey plaintiffs alleged that the law firm defendants obtained and used their “protected personal information” without their consent. Fundamental to the plaintiffs’ claims was the allegation that LLG “knowingly” violated the statute. The Garey complaint was replete with allegations that LLG “knowingly obtained, disclosed and used Plaintiffs’ personal information from a motor vehicle record” in violation of the DPPA. Lanier, 277 N.C. App. at 606-07, 861 S.E.2d at 566-67.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00InsuranceLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngInsuranceLaw2024-06-18 11:09:182024-06-18 11:09:18NCFB v. Lanier Law Group: Much Activity, But No Progress for "Coverage B" Insurance Law
Externs. What are they? Why should your organization consider being a placement site for them? And, what are things to keep in mind when serving as such a placement site? Keep reading to find out!
What are “externs” (and how do they differ from “interns”)?
The American Bar Association (“ABA”) defines the term as follows: “Externships are non-compensated positions in settings outside a law school, for which students receive academic credit.” The receipt of academic credit seems to be at the core of what makes an extern an extern, so that is what appears to be their defining feature and what sets them apart from traditional interns. As a result, the answer I give when asked how externs differ from interns is that “an extern is an intern that is paid in experience.”
While we are on the subject of definitions, I want to clarify the meanings of the terms “externship program” and “externship placement program” as I use them. “Externship programs” are the programs through which law schools offer law students the opportunity to be externs and the academic credit externs receive. “Externship placement programs” are the programs organizations set up to host externs within their organizations.
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.pngGovernmentandPublicSector2024-06-18 10:21:052024-06-18 10:51:28Externs! Externs! Read All About Them!
By Peggy Pardueon behalf of the Communications Committee
The North Carolina Bar Association’s Pro Bono Committee announced the winner of its Outstanding Paralegal Pro Bono Service Award, which recognizes a paralegal who has proven to be dedicated to providing pro bono legal services. The qualifications for this award include volunteering “a substantial amount of time in pro bono legal service to increase access to justice.”
This year at the NCBA Annual Meeting on Friday, June 21, Andrea M. Blosser, a paralegal with Robinson Bradshaw, will receive the award.
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.pngParalegals2024-06-17 14:36:542024-06-17 14:36:54Outstanding Paralegal Pro Bono Service Award Winner: Andrea M. Blosser
On February 3, 2024, the Adelante event, titled “Legal Blueprints for Minority Law Students,” gathered an impressive turnout from law schools such as North Carolina Central University School of Law, Campbell Law School, and Elon University School of Law, aiming to empower law students from diverse backgrounds.
Planned by the NCBA’s Minorities in the Profession Committee’s ¡Adelante! sub-committee, co-chaired by Lakethia Jefferies and Learla Stefanics, and managed by BreAnne Shieh, the event featured four insightful panels designed to equip attendees with the necessary skills to thrive in the legal profession. Key planning members included Geneva Yourse, Preetha Rini, Jasmine McGhee, Diana Johnson, Valyce Davis, Lauren Brasil, and BreAnne VanHook.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA MIPhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA MIP2024-06-06 10:09:272024-06-20 09:22:27MIP Event Recap: ¡Adelante! – Legal Blueprints for Minority Law Students
Here I am Chair of the North Carolina Bar Association Senior Lawyers Division, Justice on the Cherokee Supreme Court, Chairman of the North Carolina Property Tax Commission, former North Carolina Court of Appeals Judge, and former member of the North Carolina House of Representatives. How in the world did a child from a meager home in Marion, North Carolina, whose father was an alcoholic and left home when I was five and never contacted my mother or me again, accomplish this?
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2024-06-04 09:46:192024-06-04 10:03:23A Letter to My Younger Self
The Beatles released that song in 1967. I was much too young to appreciate how far away the age of 64 was or what my life would look like. Although had you asked my mother, she would share I knew I was going to be an attorney since about the age of 3. I’ve been preparing to be or engaged in being a lawyer almost my entire life. I have been extremely fortunate to practice in two main areas that I truly enjoy: real property and elder law.
Like many attorneys, this is not just my career; it is who I am. I chose a life with no children (being the favorite Aunt has its perks). Instead, I built a practice using my time, my focus, my energy, and certainly the support of colleagues, family and friends. But still.
The Beatles released that song in 1967. I was much too young to appreciate how far away the age of 64 was or what my life would look like. Although had you asked my mother, she would share I knew I was going to be an attorney since about the age of 3. I’ve been preparing to be or engaged in being a lawyer almost my entire life. I have been extremely fortunate to practice in two main areas that I truly enjoy: real property and elder law.
Like many attorneys, this is not just my career; it is who I am. I chose a life with no children (being the favorite Aunt has its perks). Instead, I built a practice using my time, my focus, my energy, and certainly the support of colleagues, family and friends. But still.
On March 16, 2024, the North Carolina Bar Association Minorities in the Profession Committee hosted its annual Pre-Law Conference. Targeted to high school, college and second-career professionals, the conference was a day-long event to give a behind-the-curtain look at what it would look like for someone to attend law school, and what benefits and challenges they would face during the journey. Read more
David Blue has joined Baker Donelson and practices in the Charlotte office. Blue focuses on complex business disputes, which include commercial contracts litigation, construction litigation and defense of claims brought under the Unfair Trade Practices Act. He earned his J.D., cum laude, from Wake Forest University School of Law in 2021, where he was the business editor of the Wake Forest Journal of Law and Policy. He holds a bachelor’s degree, magna cum laude, in politics and international affairs from Wake Forest University.
Cranfill Sumner Announces New Associate Attorney
Douglas “D.C.” Conant has joined the firm and is based in the Raleigh office. Conant practices administrative, regulatory and government law. Conant has experience representing clients before regulatory bodies and government agencies, which include the North Carolina Utilities Commission and the Federal Energy Regulatory Commission. He served as a clerk for Judge Jacob E. Reger of West Virginia’s 26th Judicial District. He also was a member of the town council in Flatwoods, West Virginia. He graduated from West Virginia University College of Law in 2020 and holds a bachelor’s degree in philosophy from West Virginia University.
Attorney Joins the Law Offices of James Scott Farrin
Andrew Haynes, a personal injury attorney, has joined the firm. He has worked at major insurance companies and brings seven years of experience in the insurance industry to this role. He is a 2023 graduate from Elon University School of Law, and in 2020, he earned an M.B.A. from East Carolina University. He holds a bachelor’s degree in business administration – finance/risk management and insurance from ECU and served as a peer mentor during college.
On April 24, the Federal Trade Commission voted to enact Part 910 of Title 16 of the Code of Federal Regulations, banning employment-based non-compete provisions and requiring businesses to provide notice to affected employees.[1] While challenges to the FTC’s Part 910 already are underway,[2] if upheld, the regulations will supersede state law and vitiate otherwise valid employment-based covenants not to compete. Unless enjoined, Part 910 will take effect on September 4, 2024.[3] Thus, businesses that have utilized these contractual restrictions need to reevaluate their strategy to protect their businesses’ relationships and information. Businesses should (1) know whether their agreements fall within the scope of Part 910, (2) track challenges to Part 910, and (3) develop strategic plans to address Part 910.
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.pngBusiness2024-05-23 09:29:232024-06-05 16:58:58Business Considerations for Facing FTC Non-Compete Ban
NCFB v. Lanier Law Group: Much Activity, But No Progress for “Coverage B” Insurance Law
Insurance Law SectionThe North Carolina Supreme Court recently missed an opportunity to write a meaty opinion on insurance policies’ “Coverage B” provisions that insurance practitioners regularly debate. In North Carolina Farm Bureau Mut. Ins. Co. v. Lanier Law Group, P.A., 277 N.C. App. 605, 861 S.E.2d 565 (2021), aff’d per curiam, __ N.C. __, 898 S.E.2d 279 (2024) (“Lanier”), the parties ably teed up multiple issues of first impression involving Coverage B of an excess business liability policy. However, instead of addressing the issues head-on, the Court voted 3-3 to affirm an unsatisfying ruling from the Court of Appeals based on a single exclusion, thereby setting no precedent and giving no guidance for future disputes involving Coverage B.
The central question in Lanier was whether a law firm’s excess business policy liability obligated an insurer to defend against allegations that the firm violated the Driver’s Privacy Protection Act of 1994, 18 U.S.C., § 2721 et seq. (“DPPA”). Lanier Law Group (“LLG”), a firm focused on plaintiffs’ personal injury cases, was one of many firms in the state that culled accident reports and used the information they collected to contact potential clients (i.e., accident victims) about legal services through direct mail. In 2016, LLG and other firms were named as defendants in a putative class-action lawsuit in the Middle District of North Carolina. Garey v. James S. Farrin, Case No. 1:16-cv-00542-LCB-JLW (“Garey”). The Garey plaintiffs alleged that the law firm defendants obtained and used their “protected personal information” without their consent. Fundamental to the plaintiffs’ claims was the allegation that LLG “knowingly” violated the statute. The Garey complaint was replete with allegations that LLG “knowingly obtained, disclosed and used Plaintiffs’ personal information from a motor vehicle record” in violation of the DPPA. Lanier, 277 N.C. App. at 606-07, 861 S.E.2d at 566-67.
Read more
Externs! Externs! Read All About Them!
Government & Public SectorExterns. What are they? Why should your organization consider being a placement site for them? And, what are things to keep in mind when serving as such a placement site? Keep reading to find out!
What are “externs” (and how do they differ from “interns”)?
The American Bar Association (“ABA”) defines the term as follows: “Externships are non-compensated positions in settings outside a law school, for which students receive academic credit.” The receipt of academic credit seems to be at the core of what makes an extern an extern, so that is what appears to be their defining feature and what sets them apart from traditional interns. As a result, the answer I give when asked how externs differ from interns is that “an extern is an intern that is paid in experience.”
While we are on the subject of definitions, I want to clarify the meanings of the terms “externship program” and “externship placement program” as I use them. “Externship programs” are the programs through which law schools offer law students the opportunity to be externs and the academic credit externs receive. “Externship placement programs” are the programs organizations set up to host externs within their organizations.
Read more
Outstanding Paralegal Pro Bono Service Award Winner: Andrea M. Blosser
Paralegal DivisionThe North Carolina Bar Association’s Pro Bono Committee announced the winner of its Outstanding Paralegal Pro Bono Service Award, which recognizes a paralegal who has proven to be dedicated to providing pro bono legal services. The qualifications for this award include volunteering “a substantial amount of time in pro bono legal service to increase access to justice.”
This year at the NCBA Annual Meeting on Friday, June 21, Andrea M. Blosser, a paralegal with Robinson Bradshaw, will receive the award.
Read more
MIP Event Recap: ¡Adelante! – Legal Blueprints for Minority Law Students
Minorities In the ProfessionOn February 3, 2024, the Adelante event, titled “Legal Blueprints for Minority Law Students,” gathered an impressive turnout from law schools such as North Carolina Central University School of Law, Campbell Law School, and Elon University School of Law, aiming to empower law students from diverse backgrounds.
Planned by the NCBA’s Minorities in the Profession Committee’s ¡Adelante! sub-committee, co-chaired by Lakethia Jefferies and Learla Stefanics, and managed by BreAnne Shieh, the event featured four insightful panels designed to equip attendees with the necessary skills to thrive in the legal profession. Key planning members included Geneva Yourse, Preetha Rini, Jasmine McGhee, Diana Johnson, Valyce Davis, Lauren Brasil, and BreAnne VanHook.
Read more
A Letter to My Younger Self
Young Lawyers DivisionBobby Cooke (now Bob Hunter),
Here I am Chair of the North Carolina Bar Association Senior Lawyers Division, Justice on the Cherokee Supreme Court, Chairman of the North Carolina Property Tax Commission, former North Carolina Court of Appeals Judge, and former member of the North Carolina House of Representatives. How in the world did a child from a meager home in Marion, North Carolina, whose father was an alcoholic and left home when I was five and never contacted my mother or me again, accomplish this?
Read more
“When I’m 64”
Featured PostsThe Beatles released that song in 1967. I was much too young to appreciate how far away the age of 64 was or what my life would look like. Although had you asked my mother, she would share I knew I was going to be an attorney since about the age of 3. I’ve been preparing to be or engaged in being a lawyer almost my entire life. I have been extremely fortunate to practice in two main areas that I truly enjoy: real property and elder law.
Like many attorneys, this is not just my career; it is who I am. I chose a life with no children (being the favorite Aunt has its perks). Instead, I built a practice using my time, my focus, my energy, and certainly the support of colleagues, family and friends. But still.
Read more
“When I’m 64”
Featured PostsThe Beatles released that song in 1967. I was much too young to appreciate how far away the age of 64 was or what my life would look like. Although had you asked my mother, she would share I knew I was going to be an attorney since about the age of 3. I’ve been preparing to be or engaged in being a lawyer almost my entire life. I have been extremely fortunate to practice in two main areas that I truly enjoy: real property and elder law.
Like many attorneys, this is not just my career; it is who I am. I chose a life with no children (being the favorite Aunt has its perks). Instead, I built a practice using my time, my focus, my energy, and certainly the support of colleagues, family and friends. But still.
Read more
MIP Event Recap: NCBA MIP Annual Pre-Law Conference
Minorities In the ProfessionOn March 16, 2024, the North Carolina Bar Association Minorities in the Profession Committee hosted its annual Pre-Law Conference. Targeted to high school, college and second-career professionals, the conference was a day-long event to give a behind-the-curtain look at what it would look like for someone to attend law school, and what benefits and challenges they would face during the journey. Read more
Checking In: May 28, 2024
Checking InCompiled by Jessica Junqueira
Baker Donelson Adds Associate Attorney
David Blue has joined Baker Donelson and practices in the Charlotte office. Blue focuses on complex business disputes, which include commercial contracts litigation, construction litigation and defense of claims brought under the Unfair Trade Practices Act. He earned his J.D., cum laude, from Wake Forest University School of Law in 2021, where he was the business editor of the Wake Forest Journal of Law and Policy. He holds a bachelor’s degree, magna cum laude, in politics and international affairs from Wake Forest University.
Cranfill Sumner Announces New Associate Attorney
Douglas “D.C.” Conant has joined the firm and is based in the Raleigh office. Conant practices administrative, regulatory and government law. Conant has experience representing clients before regulatory bodies and government agencies, which include the North Carolina Utilities Commission and the Federal Energy Regulatory Commission. He served as a clerk for Judge Jacob E. Reger of West Virginia’s 26th Judicial District. He also was a member of the town council in Flatwoods, West Virginia. He graduated from West Virginia University College of Law in 2020 and holds a bachelor’s degree in philosophy from West Virginia University.
Attorney Joins the Law Offices of James Scott Farrin
Andrew Haynes, a personal injury attorney, has joined the firm. He has worked at major insurance companies and brings seven years of experience in the insurance industry to this role. He is a 2023 graduate from Elon University School of Law, and in 2020, he earned an M.B.A. from East Carolina University. He holds a bachelor’s degree in business administration – finance/risk management and insurance from ECU and served as a peer mentor during college.
Read more
Business Considerations for Facing FTC Non-Compete Ban
Business LawOn April 24, the Federal Trade Commission voted to enact Part 910 of Title 16 of the Code of Federal Regulations, banning employment-based non-compete provisions and requiring businesses to provide notice to affected employees.[1] While challenges to the FTC’s Part 910 already are underway,[2] if upheld, the regulations will supersede state law and vitiate otherwise valid employment-based covenants not to compete. Unless enjoined, Part 910 will take effect on September 4, 2024.[3] Thus, businesses that have utilized these contractual restrictions need to reevaluate their strategy to protect their businesses’ relationships and information. Businesses should (1) know whether their agreements fall within the scope of Part 910, (2) track challenges to Part 910, and (3) develop strategic plans to address Part 910.
Read more