Arbitration provisions appear in millions of contracts that cover many different types of agreements and transactions. For decades, the United States Supreme Court has expanded the Federal Arbitration Act (“FAA”), which facilitates contract-based dispute resolution through arbitration. Over the years, the FAA’s expansion has helped corporations adopt especially broad, boilerplate arbitration clauses that mandate arbitration for any and all disputes, claims, or controversies between any related party/agent/beneficiary/affiliate arising from or relating in any way to the underlying agreement, aptly named “infinite” arbitration clauses. See David Horton, Infinite Arbitration Clauses, 168 Pa. L. Rev. Online 633 (2020) (defining infinite arbitration clauses as “those that mandate arbitration for all disputes between any related party in perpetuity”). Infinite arbitration clauses are “relatively new and untested.” Mey, 971 F.3d at 287. In Mey v. DIRECTV, 971 F.3d 284 (4th Cir. 2020), the Fourth Circuit Court of Appeals expanded the reach of the FAA in a significant way – by allowing corporations to enforce infinite arbitration clauses of a distant affiliate.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2020-10-23 09:12:052020-10-23 09:12:05Mey v. DIRECTV, LLC – The Fourth Circuit Broadens the Scope of the FAA to “Infinite” Arbitration Clauses
Gov. Roy Cooper has proclaimed Friday, October 23, 2020, North Carolina Paralegal Day! A proclamation is an official document issued by the governor to commemorate a specific time period (for example, a day, week, or month). It brings recognition, awareness, or appreciation to an issue, cause, milestone, or noteworthy event that is relevant and important to North Carolina.
North Carolina Paralegal Day is a day to celebrate the contributions of paralegals and paralegal students throughout the state. If you employ a paralegal or you are a paralegal, then you already know the indispensable role they play in the practice of law. Read more
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.pngParalegals2020-10-21 11:38:252020-10-29 12:21:07Gov. Roy Cooper Proclaims October 23, 2020, North Carolina Paralegal Day
Membership and Outreach Committee: The YLD’s Membership and Outreach Committee invites you to join us for a virtual trivia night hosted by Sporcle Live Trivia! It will be a great membership engagement/networking opportunity for all YLD members! You can either select your team in advance or be assigned randomly, so there is an opportunity for everyone to spend some time with your colleagues or to get to know someone new. We will also have prizes for the winning team! The event will be held on Thursday, November 12, from 6:15 to 7:30 p.m. Zoom information will be sent on November 12 to those who have registered before the registration deadline on November 9. You can register yourself or you can get a group ticket and register up to 6 players. When registering a group, you will be able to search for other members and add them to your team! Registration is limited to 60 people, so sign up today! If you have any questions, please email Cheyenne Merrigan, NCBA Communities Manager.
Dayton Cole has been named interim general counsel for Campbell University. Bob Coswell, who was general counsel at Campbell for nearly 20 years, will assume the role of associate general counsel. For more than 30 years, Cole was the general counsel and chief legal officer for Appalachian State University. There, he served under five chancellors and a number of trustees. Throughout his legal career, his general practice encompassed a wide range of legal matters, with emphasis on client counseling, research, writing, policy development, and coordination of litigation efforts with North Carolina Department of Justice attorneys. Before joining Appalachian State, he served as assistant university attorney at Texas State University and as university attorney at Texas A&M – Commerce. He is the author of the Legal Handbook for North Carolina Teachers and has served as a member of the Board of Governors of the North Carolina Bar Association. Cole is a graduate of the South Texas College of Law in Houston and Texas State University.
Allyson K. Duncan Will Serve on JAMS Panel
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, has announced that the Hon. Allyson K. Duncan will now serve on its panel. Before joining JAMS, Judge Duncan served on the U.S. Court of Appeals for the Fourth Circuit for more than 15 years and on the North Carolina Court of Appeals for one year. Prior to her judicial appointment, Judge Duncan was a partner at Kilpatrick Stockton and served with the Equal Employment Opportunity Commission as appellate attorney and the agency’s legal counsel. Judge Duncan became the first African American woman to serve as a judge on the North Carolina Court of Appeals. She also was the first African American president of the North Carolina Bar Association and the first African American woman to sit on the Fourth Circuit bench. Judge Duncan received a Juris Doctorate from Duke Law School and a Bachelor of Arts, summa cum laude, from Hampton University. Read more
As you will recall before the world was overwhelmed with a global pandemic, our Section’s Pro Bono Committee had set up an opportunity at the Annual Meeting to allow members to register for and participate in NC Free Legal Answers. We were happy to see so many of our members enjoyed participating in this event! It is our goal to continue our Section’s Pro Bono efforts even amidst the current state of our practice. We understand that those efforts may look different given the present situation and the uncertainty about when things will begin to change. With that in mind, the Pro Bono Committee would like to hear from you, the members of our Section, about what Pro Bono efforts you are interested in and what you would like to see our Section do from a Pro Bono perspective in the future.
Please click here to take the short survey and let us know your thoughts, ideas, and if you would like to join the Pro Bono Committee. We would love to have you and welcome your input! Thanks for your time, and we look forward to hearing from you.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00WorkersComphttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngWorkersComp2020-10-16 16:13:282020-10-16 16:13:28Getting Your Thoughts on Pro Bono with the Workers’ Compensation Section
“Wellness.” “Well-being.” “Mental health.” “Self-care.” With the entirely new way of life that the COVID-19 pandemic has brought to the world, I have noticed that terms like these are being used more than ever before. This focus may be new to some, but the legal industry is no stranger to never-ending conversations regarding the health and well-being of lawyers.
Indeed, prior to the pandemic, I could not think of the term “wellness” outside of the context of my fledgling career as a young attorney. For me, “wellness” referred to the affirmative actions I could take to protect myself from the stresses and strains that can accompany being a lawyer. For example, instead of installing my work email on my phone, I opted to get a second phone provided by my firm, so that I could have a literal physical boundary between my personal life and the office. So, when the pandemic started, references to mental and physical wellness — from social media posts and employer email blasts, to commercials on TV with the message, “It’s OK to not be OK” — largely fell on my figuratively deaf ears. As a young lawyer, I sometimes feel inundated by sources from both inside and outside the legal field that tell me I must focus on wellness and mental health, or else I will face dire consequences. As a result, when the self-care messaging increased in the wake of COVID-19, I felt that I was already an expert in practicing wellness. I did not believe that this bizarre time brought on by the pandemic would be any more of a challenge to my wellness than the legal industry already poses to it.
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 YLD2020-10-16 13:50:472020-10-16 14:02:37Rediscovering the Power of Self-Care
“On Neglecting Regulatory Benefits,” Administrative Law Review, Summer 2020, ABA Administrative Law & Regulatory Practice Section and American University Washington College of Law.
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.pngAdministrative2020-10-15 16:12:282020-10-15 16:12:28Hey, Did You Read This? Administrative Law Related Articles of Interest
Nonprofit organizations generally must file a Form 1023 with the IRS to obtain federal tax-exempt status under Section 501(c)(3). However, such status may not be eternal. Tax-exempt status is automatically revoked when a charity does not file the required Form 990 series return or notice for three consecutive years. The IRS publishes a list of charities whose tax-exempt status has been revoked. As one can imagine, that can be overwhelming for a charity that needs to assure its donors their donations are eligible for the charitable tax deduction. Luckily, the IRS has established four procedures in Revenue Procedure 2014-11 for the reinstatement of an organization’s tax-exempt status.
The first is streamlined retroactive reinstatement. That is available only for organizations that should have filed Form 990-EZ or Form 990-N (ePostcard) for the three years for which returns were not filed. These charities are eligible to file Form 1023 or 1023-EZ and mark the appropriate box to have their exempt status retroactively reinstated. Such charities will be treated as if they never lost their exempt status.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00TAXhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngTAX2020-10-13 14:31:042020-10-13 14:31:04Reinstatement of 501(c)(3) Status for Charitable Organizations
The Communications Committee has just made it easier for members to submit nominations for Paralegal Spotlight and proposed blog posts. Here’s the scoop.
Nominate a Paralegal for Paralegal Spotlight
Paralegal Spotlight is a monthly blog publication designed to inspire virtual networking by showcasing paralegal division members on the Paralegal Division blog. This is a great opportunity for members to share more about their personal and professional goals, technology tips, interests, great accomplishments, volunteer work, and the like. Our paralegal members have a wonderful variety of talents, skills, and interests, and we look forward to learning more about you!
To make the process easy, we’ve created two forms: a Paralegal Spotlight Nominations Form and a Paralegal Spotlight Questionnaire. Complete the nomination form if you are nominating another paralegal in the Division. In that case, the paralegal you nominate will be contacted to complete the questionnaire. Complete the Paralegal Spotlight Questionnaire if you are nominating yourself.
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.pngParalegals2020-10-13 14:29:542020-10-13 14:29:54New! – A Call for Paralegal Spotlight Nominations and Blog Post Submissions
Why are you involved in the NCBA? I am involved in the NCBA because I believe it is especially critical that as prospective attorneys, student leaders promote a richer and more effective association that increases the association’s strengths, capabilities, and adaptability. This priority can more effectively address member and societal needs with the varied perspectives, experiences, knowledge, and understanding inherent in diverse coalitions. I want to assume other leadership roles within the organization in the future and believe this opportunity provides me with the experience needed.
What advice would you give to a 1L? Always remember your “why” when challenges arise and let that serve as your guidepost for achieving your potential, growth, and success.
What is your area of practice interest? My area of practice interests are civil rights litigation, constitutional litigation, and appellate litigation.
Why did you go to law school? I pursued law school because I believe the law and advocacy are the most powerful weapons that can be wielded against the inequitable and unjust social conditions harming marginalized groups. I want to serve people in the role of an advocate to promote greater and more equal access to justice.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Macy Abernethyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngMacy Abernethy2020-10-12 16:02:572020-10-27 09:54:26Meet Your 2020-21 Law Student Reps
Mey v. DIRECTV, LLC – The Fourth Circuit Broadens the Scope of the FAA to “Infinite” Arbitration Clauses
Litigation SectionBy Katie Ramseur
Arbitration provisions appear in millions of contracts that cover many different types of agreements and transactions. For decades, the United States Supreme Court has expanded the Federal Arbitration Act (“FAA”), which facilitates contract-based dispute resolution through arbitration. Over the years, the FAA’s expansion has helped corporations adopt especially broad, boilerplate arbitration clauses that mandate arbitration for any and all disputes, claims, or controversies between any related party/agent/beneficiary/affiliate arising from or relating in any way to the underlying agreement, aptly named “infinite” arbitration clauses. See David Horton, Infinite Arbitration Clauses, 168 Pa. L. Rev. Online 633 (2020) (defining infinite arbitration clauses as “those that mandate arbitration for all disputes between any related party in perpetuity”). Infinite arbitration clauses are “relatively new and untested.” Mey, 971 F.3d at 287. In Mey v. DIRECTV, 971 F.3d 284 (4th Cir. 2020), the Fourth Circuit Court of Appeals expanded the reach of the FAA in a significant way – by allowing corporations to enforce infinite arbitration clauses of a distant affiliate.
Read more
Gov. Roy Cooper Proclaims October 23, 2020, North Carolina Paralegal Day
Paralegal DivisionBy Pamela Hollern, Esq.
Gov. Roy Cooper has proclaimed Friday, October 23, 2020, North Carolina Paralegal Day! A proclamation is an official document issued by the governor to commemorate a specific time period (for example, a day, week, or month). It brings recognition, awareness, or appreciation to an issue, cause, milestone, or noteworthy event that is relevant and important to North Carolina.
North Carolina Paralegal Day is a day to celebrate the contributions of paralegals and paralegal students throughout the state. If you employ a paralegal or you are a paralegal, then you already know the indispensable role they play in the practice of law.
Read more
YLD e-Blast: October 2020
Young Lawyers DivisionChristina Cress
Claire O’Brien
By Christina Cress and Claire O’Brien
Dates to Know
October 23, 2020 | Durham County (16th Judicial District Bar) Virtual Swearing-In | 9:30 a.m.
October 29, 2020 | Mecklenburg County (26th Judicial District Bar) Virtual Swearing-In | 2 p.m.
November 12, 2020 | YLD Virtual Trivia Night | 6:15 p.m.
Committee and Section Updates
Membership and Outreach Committee: The YLD’s Membership and Outreach Committee invites you to join us for a virtual trivia night hosted by Sporcle Live Trivia! It will be a great membership engagement/networking opportunity for all YLD members! You can either select your team in advance or be assigned randomly, so there is an opportunity for everyone to spend some time with your colleagues or to get to know someone new. We will also have prizes for the winning team! The event will be held on Thursday, November 12, from 6:15 to 7:30 p.m. Zoom information will be sent on November 12 to those who have registered before the registration deadline on November 9. You can register yourself or you can get a group ticket and register up to 6 players. When registering a group, you will be able to search for other members and add them to your team! Registration is limited to 60 people, so sign up today! If you have any questions, please email Cheyenne Merrigan, NCBA Communities Manager.
Read more
Checking In: October 20, 2020
Checking InCompiled by Jessica Junqueira
Campbell University Names Interim General Counsel
Allyson K. Duncan Will Serve on JAMS Panel
JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, has announced that the Hon. Allyson K. Duncan will now serve on its panel. Before joining JAMS, Judge Duncan served on the U.S. Court of Appeals for the Fourth Circuit for more than 15 years and on the North Carolina Court of Appeals for one year. Prior to her judicial appointment, Judge Duncan was a partner at Kilpatrick Stockton and served with the Equal Employment Opportunity Commission as appellate attorney and the agency’s legal counsel. Judge Duncan became the first African American woman to serve as a judge on the North Carolina Court of Appeals. She also was the first African American president of the North Carolina Bar Association and the first African American woman to sit on the Fourth Circuit bench. Judge Duncan received a Juris Doctorate from Duke Law School and a Bachelor of Arts, summa cum laude, from Hampton University.
Read more
Getting Your Thoughts on Pro Bono with the Workers’ Compensation Section
Workers' Compensation SectionMallory Lidaka
Samantha Aktug
By Mallory Lidaka and Samantha Aktug
As you will recall before the world was overwhelmed with a global pandemic, our Section’s Pro Bono Committee had set up an opportunity at the Annual Meeting to allow members to register for and participate in NC Free Legal Answers. We were happy to see so many of our members enjoyed participating in this event! It is our goal to continue our Section’s Pro Bono efforts even amidst the current state of our practice. We understand that those efforts may look different given the present situation and the uncertainty about when things will begin to change. With that in mind, the Pro Bono Committee would like to hear from you, the members of our Section, about what Pro Bono efforts you are interested in and what you would like to see our Section do from a Pro Bono perspective in the future.
Please click here to take the short survey and let us know your thoughts, ideas, and if you would like to join the Pro Bono Committee. We would love to have you and welcome your input! Thanks for your time, and we look forward to hearing from you.
Rediscovering the Power of Self-Care
Young Lawyers Division“Wellness.” “Well-being.” “Mental health.” “Self-care.” With the entirely new way of life that the COVID-19 pandemic has brought to the world, I have noticed that terms like these are being used more than ever before. This focus may be new to some, but the legal industry is no stranger to never-ending conversations regarding the health and well-being of lawyers.
Indeed, prior to the pandemic, I could not think of the term “wellness” outside of the context of my fledgling career as a young attorney. For me, “wellness” referred to the affirmative actions I could take to protect myself from the stresses and strains that can accompany being a lawyer. For example, instead of installing my work email on my phone, I opted to get a second phone provided by my firm, so that I could have a literal physical boundary between my personal life and the office. So, when the pandemic started, references to mental and physical wellness — from social media posts and employer email blasts, to commercials on TV with the message, “It’s OK to not be OK” — largely fell on my figuratively deaf ears. As a young lawyer, I sometimes feel inundated by sources from both inside and outside the legal field that tell me I must focus on wellness and mental health, or else I will face dire consequences. As a result, when the self-care messaging increased in the wake of COVID-19, I felt that I was already an expert in practicing wellness. I did not believe that this bizarre time brought on by the pandemic would be any more of a challenge to my wellness than the legal industry already poses to it.
Read more
Hey, Did You Read This? Administrative Law Related Articles of Interest
Administrative LawBusiness Court Narrows How Public Records Act Applies to Entities with Government Ties
It Can Be Difficult to Revoke a Police Officer’s License. Some States Are Trying to Make it Easier.
New telling of Perry Mason’s tale makes case against licensing burdens
“On Neglecting Regulatory Benefits,” Administrative Law Review, Summer 2020, ABA Administrative Law & Regulatory Practice Section and American University Washington College of Law.
COVID-19 should spell the end of a controversial teacher licensure requirement in NC
Read more
Reinstatement of 501(c)(3) Status for Charitable Organizations
Tax SectionNonprofit organizations generally must file a Form 1023 with the IRS to obtain federal tax-exempt status under Section 501(c)(3). However, such status may not be eternal. Tax-exempt status is automatically revoked when a charity does not file the required Form 990 series return or notice for three consecutive years. The IRS publishes a list of charities whose tax-exempt status has been revoked. As one can imagine, that can be overwhelming for a charity that needs to assure its donors their donations are eligible for the charitable tax deduction. Luckily, the IRS has established four procedures in Revenue Procedure 2014-11 for the reinstatement of an organization’s tax-exempt status.
The first is streamlined retroactive reinstatement. That is available only for organizations that should have filed Form 990-EZ or Form 990-N (ePostcard) for the three years for which returns were not filed. These charities are eligible to file Form 1023 or 1023-EZ and mark the appropriate box to have their exempt status retroactively reinstated. Such charities will be treated as if they never lost their exempt status.
Read more
New! – A Call for Paralegal Spotlight Nominations and Blog Post Submissions
Paralegal DivisionThe Communications Committee has just made it easier for members to submit nominations for Paralegal Spotlight and proposed blog posts. Here’s the scoop.
Nominate a Paralegal for Paralegal Spotlight
Paralegal Spotlight is a monthly blog publication designed to inspire virtual networking by showcasing paralegal division members on the Paralegal Division blog. This is a great opportunity for members to share more about their personal and professional goals, technology tips, interests, great accomplishments, volunteer work, and the like. Our paralegal members have a wonderful variety of talents, skills, and interests, and we look forward to learning more about you!
To make the process easy, we’ve created two forms: a Paralegal Spotlight Nominations Form and a Paralegal Spotlight Questionnaire. Complete the nomination form if you are nominating another paralegal in the Division. In that case, the paralegal you nominate will be contacted to complete the questionnaire. Complete the Paralegal Spotlight Questionnaire if you are nominating yourself.
Read more
Meet Your 2020-21 Law Student Reps
Young Lawyers DivisionBy Macy Abernethy
Campbell University
Robyn Sanders
Why are you involved in the NCBA? I am involved in the NCBA because I believe it is especially critical that as prospective attorneys, student leaders promote a richer and more effective association that increases the association’s strengths, capabilities, and adaptability. This priority can more effectively address member and societal needs with the varied perspectives, experiences, knowledge, and understanding inherent in diverse coalitions. I want to assume other leadership roles within the organization in the future and believe this opportunity provides me with the experience needed.
What advice would you give to a 1L? Always remember your “why” when challenges arise and let that serve as your guidepost for achieving your potential, growth, and success.
What is your area of practice interest? My area of practice interests are civil rights litigation, constitutional litigation, and appellate litigation.
Why did you go to law school? I pursued law school because I believe the law and advocacy are the most powerful weapons that can be wielded against the inequitable and unjust social conditions harming marginalized groups. I want to serve people in the role of an advocate to promote greater and more equal access to justice.
Read more