The tool is probably most often used by criminal law practitioners, but all administrative law practitioners should be aware of it:
1. Check its accuracy regarding collateral consequences and your department, agency, board or commission and let the SOG know if there are issues.
2. Consider using the tool to assess collateral consequences when thinking about negotiating settlements and penalties of administrative law cases affecting a licensee, permittee, registrant or client.
Here is how the article describes the most significant changes to the tool:
“The revised C-CAT addresses these needs and includes a complete overhaul of the tool’s search functions as well as a comprehensive update of the tool’s data. Users will also notice added features, such as the ability to bookmark repeated searches, a simpler interface for use on smart phones, and expanded resources linked from the tool, including the annual reports of occupational licensing boards’ treatment of people with a criminal history.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2022-11-07 12:35:442022-11-07 12:35:44SOG Has Updated Its Collateral Consequences Tool – Check It Out
College football season is upon us, and The Ohio State University is in the hunt for the playoffs. As good as they have been on the field, the school’s first win came before the season started. In June, the United States Patent and Trademark Office granted Ohio State an unusual trademark: the word “The.”
For those unfamiliar with Ohio State, the attempt to claim ownership of a definite article may seem absurd, but the word “The” holds a special place in the heart of Buckeyes everywhere. While it has been a part of the school’s name since 1878, the university made a push in the 1980s to emphasize the word “The” as part of the college’s brand and to distinguish it from other OSU colleges such as Oregon State University and Oklahoma State University. Since then, the word has appeared on Ohio State merchandise, promotional materials, and is emphasized in the pre-game introductions of Buckeyes competing in professional sports. The school’s first application for the trademark was denied, since the USPTO was skeptical that the word was being used as an indication of source, but their second attempt was approved after demonstrating the sheer amount of marketing and advertising they had poured into creating a link between the word and the Ohio State brand.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2022-11-01 09:19:392023-01-09 17:00:47“The” Ohio State University and the Trademark Protection of Cultural Identity
At the Administrative Law Section Council Meeting on October 27, 2022, we were honored to have Representative Sarah Stevens speak to the Council. She outlined that she believed that the Administrative Procedure Oversight Committee will be focused on three issues concerning Administrative Law this upcoming session. They are:
1. Do all occupational licensing boards need to have the requirement of a license?
2. Do some licensing boards need to be merged together because of common purposes?
3. Are all administrative agencies and boards acting within their statutory authority?
Representative Stevens indicated that it appears that the Legislature does not want to require an overarching regulatory agency under which all boards and commissions would operate. Instead, the legislature would evaluate administrative agencies and commissions using the three outlined concerns above. Read more
As lawyers, our time has value. I don’t mean just the indefinite notion that our time is valuable but a specific dollar amount attached to every six minute increment of our day.
When I started billing by the hour, normal tasks took on a new significance. That traffic jam – $65; my kid’s trip to the dentist – $225; laundry . . . I have a family of five, so I don’t even want to think about that cost. The paradigm shift forced me to answer, “Is it worth my time?” before adding anything to my schedule, and more often than ever before, the answer was “No.” Read more
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 YLD2022-10-31 12:09:072022-10-31 12:10:05Pro Bono Is Worth My Time
Jill Jackson has been a staple of the family law community in North Carolina for over 20 years.
You may know her as a fierce litigator, a seasoned negotiator, or literally a Wonder Woman™. (Ask her about this if you don’t know the reference.)
In addition to these wonderful things, Jill has an excellent perspective on how to keep our heads in the game without losing our heads! Listen to this short video about Jill’s view on navigating the waters of our 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.pngFamilyLaw2022-10-28 09:00:072022-10-28 09:40:50Meet the Leaders, Part 1: Jill Jackson
By Jennifer Spyker, Grant Osborne and Members of the Communications Committee of the Labor & Employment Law Section Council
It’s not too late to register for the 38th Annual North Carolina/South Carolina Labor and Employment Law CLE, being held November 4-5, 2022, at the Renaissance in Downtown Asheville. Come join us in person for fall vibes, time with colleagues whom you may not have seen for quite a while, and an excellent speaker lineup! The CLE is also available via live webcast.
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.pngLabor2022-10-27 12:04:442022-10-27 12:04:4438th Annual North Carolina/South Carolina Labor and Employment Law CLE
As we get into the busy holiday season, don’t forget to take time to give back to your community. The Corporate Counsel Section is hosting an in-person volunteer opportunity at the Food Bank of Central and Eastern North Carolina’s Raleigh branch (1924 Capital Blvd) on Friday, November 18, 2022, from 9 a.m. until noon. Volunteers will provide assistance in various activities, including sorting out produce and food donations, creating Commodity Supplemental Food Program and Disaster Relief boxes, packing food items such as cereal, pasta, eggs, and other dry food.
The Food Bank of Central and Eastern North Carolina serves 34 counties and is the largest food bank in the state. Nearly 600,000 people in the Food Bank’s service area are food insecure. Last fiscal year the Food Bank provided 115 million meals with the support of 134,988 volunteer hours, which is the equivalent of 65 full-time employees. Come join your fellow Corporate Counsel Section members in supporting hunger relief for our community!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CorporateCounselhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCorporateCounsel2022-10-27 09:04:072022-10-27 09:28:36Join Us for a Food Bank Service Project on November 18!
Whether it is Game 7 of the World Series, a knock-down, drag-out game of Monopoly, or a drive down I-40, they all have rules we must follow. Have you ever wanted to have input into the rulebook? Now is your chance for all of those who are interested in the new Remote Electronic Notarization Act (RENA). The Secretary of State will be taking comments on its Advance Notice of Proposed Rulemaking (ANPR) #1 until November 30, 2022.
N.C. Session Law 2022-54, or RENA, obligates the Secretary of State’s office to adopt permanent rules on a large number of topics that affect how a remotely located principal will be able to have their identities confirmed by notaries located in North Carolina. There is widespread interest in this new law and the implementation of RENA. It will likely serve as a national model for other states. The agency’s goal is to establish a system that will continue to promote public confidence in the reliability of signatures and the identification of remotely located principals, and that transactions are not rejected for a variety of reasons, including fraud.
RENA was signed into law on July 8, 2022. RENA primarily amends Article 2 of Chapter 10B, the Notary Public Act, in the North Carolina General Statutes. Adoption of RENA was a direct outcome of the global pandemic, which increased economic activity being conducted remotely, and established the necessity to conduct crucial business, legal, health care, and other transactions safely, securely, and efficiently in the rapidly changing remote environment.
The Secretary of State’s office is not required to request public comment at this stage of the rulemaking process. The official public comment period will come when the Agency publishes proposed rules in the North Carolina Register. However, the new law was adopted with a strong stakeholder process and, to continue that practice, the agency is now seeking public input with an ANPR.
The first of two ANPRs is available for review and comment. A second ANPR, specifically seeking input regarding the technical features, specifications, and standards applicable to the communication required as part of the REN process is forthcoming. Please take the time to review the ANPR and submit your comments to the Secretary of State to help make sure we have the most successful remote electronic notarization program in the country.
This year marks the 30th anniversary of mediation in North Carolina‘s Workers’ Compensation system, introduced by a pair of North Carolina Bar Association CLEs presented live on September 21, 1992, at the Raleigh’s Velvet Cloak Inn. “Mediation for Workers’ Compensation Counsel” was held in the morning, and “Worker’s Compensation for Mediators” followed after lunch. Video replays were shown through February in Raleigh, Jacksonville and Charlotte. (See brochure, infra.)
When I was appointed to the N.C. Industrial Commission in early 1989, the state and its workforce had outgrown the agency’s resources. North Carolina was at or near the top in attracting new businesses, with an attractive climate and workforce, strong educational assets, and entrepreneurial banks. Industrial employment grew to 29% of the workforce in the early nineties. When I arrived, the Commission had twelve Deputy Commissioner positions, but only nine were hearing cases. I was told that there was a twelve- to eighteen-month backlog of cases awaiting hearings. Although the three Commissioners heard appeals from the Deputy Commissioners’ hearing decisions, I was the only lawyer on the Commission. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2022-10-26 14:30:182022-10-26 15:20:23Thirty Years of Workers’ Comp Mediation
First Church of God in Christ is a thriving church in Winston-Salem, North Carolina. They have owned their worship space property – which contains a building valued at almost $1 million – for 23 years. Like most commercial real estate owners, First Church had a five-year term on the loan that was secured by their church property. When the term ended in February 2022, the lender was not willing to work with First Church to extend the term or give them additional time to refinance the loan, despite having an excellent payment history and substantial equity in the property.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Pro Bonohttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngPro Bono2022-10-25 14:05:582022-11-28 14:51:22Two Winston-Salem Firms Help Local Church Avoid Foreclosure
SOG Has Updated Its Collateral Consequences Tool – Check It Out
Administrative LawBy Ann Wall
The School of Government has updated its Collateral Consequences tool and published an article on the Criminal Law Blog about what the update entails:
C-CAT 2.0 Is Here!
The tool is probably most often used by criminal law practitioners, but all administrative law practitioners should be aware of it:
1. Check its accuracy regarding collateral consequences and your department, agency, board or commission and let the SOG know if there are issues.
2. Consider using the tool to assess collateral consequences when thinking about negotiating settlements and penalties of administrative law cases affecting a licensee, permittee, registrant or client.
Here is how the article describes the most significant changes to the tool:
“The revised C-CAT addresses these needs and includes a complete overhaul of the tool’s search functions as well as a comprehensive update of the tool’s data. Users will also notice added features, such as the ability to bookmark repeated searches, a simpler interface for use on smart phones, and expanded resources linked from the tool, including the annual reports of occupational licensing boards’ treatment of people with a criminal history.”
“The” Ohio State University and the Trademark Protection of Cultural Identity
Sports & Entertainment Law SectionCollege football season is upon us, and The Ohio State University is in the hunt for the playoffs. As good as they have been on the field, the school’s first win came before the season started. In June, the United States Patent and Trademark Office granted Ohio State an unusual trademark: the word “The.”
For those unfamiliar with Ohio State, the attempt to claim ownership of a definite article may seem absurd, but the word “The” holds a special place in the heart of Buckeyes everywhere. While it has been a part of the school’s name since 1878, the university made a push in the 1980s to emphasize the word “The” as part of the college’s brand and to distinguish it from other OSU colleges such as Oregon State University and Oklahoma State University. Since then, the word has appeared on Ohio State merchandise, promotional materials, and is emphasized in the pre-game introductions of Buckeyes competing in professional sports. The school’s first application for the trademark was denied, since the USPTO was skeptical that the word was being used as an indication of source, but their second attempt was approved after demonstrating the sheer amount of marketing and advertising they had poured into creating a link between the word and the Ohio State brand.
Read more
The Administrative Law Section Council’s 2023 Legislative Discussion
Administrative LawAt the Administrative Law Section Council Meeting on October 27, 2022, we were honored to have Representative Sarah Stevens speak to the Council. She outlined that she believed that the Administrative Procedure Oversight Committee will be focused on three issues concerning Administrative Law this upcoming session. They are:
1. Do all occupational licensing boards need to have the requirement of a license?
2. Do some licensing boards need to be merged together because of common purposes?
3. Are all administrative agencies and boards acting within their statutory authority?
Representative Stevens indicated that it appears that the Legislature does not want to require an overarching regulatory agency under which all boards and commissions would operate. Instead, the legislature would evaluate administrative agencies and commissions using the three outlined concerns above. Read more
Pro Bono Is Worth My Time
Young Lawyers DivisionBy Janelle Cline
As lawyers, our time has value. I don’t mean just the indefinite notion that our time is valuable but a specific dollar amount attached to every six minute increment of our day.
When I started billing by the hour, normal tasks took on a new significance. That traffic jam – $65; my kid’s trip to the dentist – $225; laundry . . . I have a family of five, so I don’t even want to think about that cost. The paradigm shift forced me to answer, “Is it worth my time?” before adding anything to my schedule, and more often than ever before, the answer was “No.” Read more
Meet the Leaders, Part 1: Jill Jackson
Family Law SectionJill Jackson has been a staple of the family law community in North Carolina for over 20 years.
You may know her as a fierce litigator, a seasoned negotiator, or literally a Wonder Woman™. (Ask her about this if you don’t know the reference.)
In addition to these wonderful things, Jill has an excellent perspective on how to keep our heads in the game without losing our heads! Listen to this short video about Jill’s view on navigating the waters of our profession.
38th Annual North Carolina/South Carolina Labor and Employment Law CLE
Labor & Employment LawJennifer Spyker
Grant Osborne
By Jennifer Spyker, Grant Osborne and Members of the Communications Committee of the Labor & Employment Law Section Council
It’s not too late to register for the 38th Annual North Carolina/South Carolina Labor and Employment Law CLE, being held November 4-5, 2022, at the Renaissance in Downtown Asheville. Come join us in person for fall vibes, time with colleagues whom you may not have seen for quite a while, and an excellent speaker lineup! The CLE is also available via live webcast.
The agenda and registration information are available here.
Join Us for a Food Bank Service Project on November 18!
Corporate CounselBy Tracy M. Wright and Jane Yumi Paksoy
As we get into the busy holiday season, don’t forget to take time to give back to your community. The Corporate Counsel Section is hosting an in-person volunteer opportunity at the Food Bank of Central and Eastern North Carolina’s Raleigh branch (1924 Capital Blvd) on Friday, November 18, 2022, from 9 a.m. until noon. Volunteers will provide assistance in various activities, including sorting out produce and food donations, creating Commodity Supplemental Food Program and Disaster Relief boxes, packing food items such as cereal, pasta, eggs, and other dry food.
The Food Bank of Central and Eastern North Carolina serves 34 counties and is the largest food bank in the state. Nearly 600,000 people in the Food Bank’s service area are food insecure. Last fiscal year the Food Bank provided 115 million meals with the support of 134,988 volunteer hours, which is the equivalent of 65 full-time employees. Come join your fellow Corporate Counsel Section members in supporting hunger relief for our community!
Kids 12+ are welcome to join.
Register today.
Date & Time | Friday, November 18 | 9 a.m. until noon
Location | Food Bank, 1924 Capital Blvd | Raleigh
The Rulebook on REN
Administrative LawBy the North Carolina Department of the Secretary of State
Whether it is Game 7 of the World Series, a knock-down, drag-out game of Monopoly, or a drive down I-40, they all have rules we must follow. Have you ever wanted to have input into the rulebook? Now is your chance for all of those who are interested in the new Remote Electronic Notarization Act (RENA). The Secretary of State will be taking comments on its Advance Notice of Proposed Rulemaking (ANPR) #1 until November 30, 2022.
N.C. Session Law 2022-54, or RENA, obligates the Secretary of State’s office to adopt permanent rules on a large number of topics that affect how a remotely located principal will be able to have their identities confirmed by notaries located in North Carolina. There is widespread interest in this new law and the implementation of RENA. It will likely serve as a national model for other states. The agency’s goal is to establish a system that will continue to promote public confidence in the reliability of signatures and the identification of remotely located principals, and that transactions are not rejected for a variety of reasons, including fraud.
RENA was signed into law on July 8, 2022. RENA primarily amends Article 2 of Chapter 10B, the Notary Public Act, in the North Carolina General Statutes. Adoption of RENA was a direct outcome of the global pandemic, which increased economic activity being conducted remotely, and established the necessity to conduct crucial business, legal, health care, and other transactions safely, securely, and efficiently in the rapidly changing remote environment.
The Secretary of State’s office is not required to request public comment at this stage of the rulemaking process. The official public comment period will come when the Agency publishes proposed rules in the North Carolina Register. However, the new law was adopted with a strong stakeholder process and, to continue that practice, the agency is now seeking public input with an ANPR.
The first of two ANPRs is available for review and comment. A second ANPR, specifically seeking input regarding the technical features, specifications, and standards applicable to the communication required as part of the REN process is forthcoming. Please take the time to review the ANPR and submit your comments to the Secretary of State to help make sure we have the most successful remote electronic notarization program in the country.
Thirty Years of Workers’ Comp Mediation
Dispute Resolution SectionThis year marks the 30th anniversary of mediation in North Carolina‘s Workers’ Compensation system, introduced by a pair of North Carolina Bar Association CLEs presented live on September 21, 1992, at the Raleigh’s Velvet Cloak Inn. “Mediation for Workers’ Compensation Counsel” was held in the morning, and “Worker’s Compensation for Mediators” followed after lunch. Video replays were shown through February in Raleigh, Jacksonville and Charlotte. (See brochure, infra.)
When I was appointed to the N.C. Industrial Commission in early 1989, the state and its workforce had outgrown the agency’s resources. North Carolina was at or near the top in attracting new businesses, with an attractive climate and workforce, strong educational assets, and entrepreneurial banks. Industrial employment grew to 29% of the workforce in the early nineties. When I arrived, the Commission had twelve Deputy Commissioner positions, but only nine were hearing cases. I was told that there was a twelve- to eighteen-month backlog of cases awaiting hearings. Although the three Commissioners heard appeals from the Deputy Commissioners’ hearing decisions, I was the only lawyer on the Commission. Read more
Two Winston-Salem Firms Help Local Church Avoid Foreclosure
Committees, Pro Bono CommitteeFirst Church of God in Christ is a thriving church in Winston-Salem, North Carolina. They have owned their worship space property – which contains a building valued at almost $1 million – for 23 years. Like most commercial real estate owners, First Church had a five-year term on the loan that was secured by their church property. When the term ended in February 2022, the lender was not willing to work with First Church to extend the term or give them additional time to refinance the loan, despite having an excellent payment history and substantial equity in the property.
Read more