It’s that time of year again – when the library becomes your second home, caffeine becomes your best friend, and many, many law students become acquainted with high stress and anxiety. You guessed it: it is exam season.
This is my third exam season, and as I look back on my first exam season, I did practically everything wrong. No, not in my studying, but in the way I let the stress of exams control my life. I studied all day, every day, making no time for myself. Law school’s practical reality is that exams require daily hard work for many hours, but that should never mean sacrificing your mental health and overall well-being.
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 YLD2021-12-15 15:45:392021-12-20 11:31:43Managing Stress During Final Exams
Bradley Arant Boult Cummings LLP Adds Brett Lawrence
Brett Lawrence has joined Bradley Arant Boult Cummings LLP. He is a member of the firm’s Cybersecurity and Privacy Practice group, as well as the Banking and Financial Services Practice group. His practice is focused on data privacy and cybersecurity issues, insurance coverage and professional liability, and he is a Certified Information Privacy Professional by the International Association of Privacy Professionals. He holds a J.D. from the Washington and Lee University School of Law and a bachelor’s degree in business administration and finance from Florida Atlantic University.
New Associates Join the Law Offices of James Scott Farrin
Patrick Clare has joined the firm and practices in the workers’ compensation department. He has represented plaintiffs in workers’ compensation cases. He also has experience in personal injury litigation, premises liability, and general negligence. Clare earned a J.D. at Campbell Law School, where he was an articles editor for the Campbell Law Review. While in law school, Clare served as an NCBA Law Student Representative. He received a B.A. in psychology from the University of North Carolina at Chapel Hill.
Tom Wilmoth has joined the firm. He has more than ten years of experience practicing law as a corporate litigator. During that time, he has represented Fortune 500 companies. Before becoming a litigator, Wilmoth served as a law enforcement officer in Greensboro for more than eight years. He received a J.D. from Elon University School of Law and a B.A. in political science from the University of North Carolina at Greensboro.
It’s commonplace for plaintiffs in construction cases, especially owners, to assert unfair trade practice claims. But those claims rarely succeed. Most construction disputes involve a breach of contract between two sophisticated parties. In those circumstances, North Carolina law requires a substantial aggravating factor to turn the breach of contract into an unfair trade practice under G.S. 75-1.1 But a new decision in Gilmore’s Farm, Inc. v. Herc Rentals, Inc. from the U.S. District Court for the Eastern District of North Carolina has recognized that wrongfully asserting a lien can be the basis for a claim under G.S. 75-1.1.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2021-12-10 10:27:002022-01-03 16:32:16Gilmore’s Farm, Inc. v. Herc Rentals, Inc. – A New Basis for Unfair Trade Practice Claims?
Back to the Future: In-house Practice in a Post-pandemic World
Tuesday-Wednesday, January 25-26, 2022, 8:55 a.m. to 12:20 p.m. via Live Webcast
6.0 MCLE Hours (including 1 Substance Abuse/Mental Health) plus a Networking Event!
Once again, the NCBA Corporate Counsel Section is presenting a blockbuster program of CLE hours and networking to get your 2022 off to a great start. Are you curious about cryptocurrencies and NFTs? We have a panel for you on The Future of Money. Do you need tips for how to advise your BOD on a brewing dispute? Join us for Pre-suit Disputes on Wednesday morning. Want to hear some war stories from seasoned GCs? Come to our General Counsel Panel on Hybrid Warfare. These are just a few of the excellent topics curated by our fantastic CLE planners. If my calculations are correct, when this program hits your screen, you’re gonna learn some serious stuff!
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.pngCorporateCounsel2021-12-09 09:42:522021-12-09 11:52:31Time to Register for Early Bird Pricing!
An interesting case involving citizen efforts to challenge a negotiated settlement of a disputed quasi-judicial permit decision. The court decided the case on procedural/jurisdictional grounds.
Quick Background: Madison Asphalt sought a conditional use permit for (you guessed it) an asphalt plant. After originally denying the requested permit, the County’s Board of Commissioners rethought their position after Madison Asphalt appealed and “threatened additional litigation.” Madison Asphalt and the County entered into a settlement agreement under which the County would issue the requested permit. Because Madison Asphalt’s appeal was still pending before the Superior Court, the parties requested a consent order from the Superior Court hearing Madison Asphalt’s appeal reversing the prior permit denial and remanding the case back to the County.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ZPLUhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngZPLU2021-12-08 12:16:192021-12-08 12:16:19Court of Appeals Issues Two (Unpublished) Decisions on Quasi-Judicial Permit Appeals
As the year is winding down and finals time is fast approaching, it is very easy to get so lost in the pressure and stress of wanting to do well on final exams that we forget to take care of ourselves. Now, I’ve found this to be a common theme amongst my fellow law students, and it is completely understandable. We spend weeks on top of weeks reading, outlining, and studying, with the goal of doing exceptionally well on the final exam. We’re working towards achieving large goals and fulfilling dreams of graduating from our respective institutions and having a large impact on our communities. However, with such large goals, some things can get overlooked, such as getting rest, communicating with friends and family, and putting our mental health first.
Dear Members of the Zoning, Planning, and Land Use Section:
Happy Fall! Welcome to the 2021-2022 bar year. I am honored to serve as the Chair of the Zoning, Planning and Land Use Section for this year. As we start the year, I want to thank our Council members, committee chairs, and liaison members for volunteering their valuable time to our section through chairing our committees and serving on the Council. I also want to thank our section members for being part of the section and providing the contributions that you provide to our section and our corner of the profession. If any members of the section would like to serve on one of our committees, please reach out to me. We will find a place for you!
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ZPLUhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngZPLU2021-12-07 10:42:132021-12-07 10:54:55From the ZPLU Chair: Moving Back Toward Normal
Salim Uqdah is a dedicated volunteer who is focused on educating and providing his dispute resolution skills to the people of North Carolina. Salim is a North Carolina Certified paralegal, Arkfeld E-Discovery Specialist, and NCDRC Certified Mediator with an immense talent for bringing people to the table. Salim left the Mecklenburg Courthouse in June 2018 to find innovative ways to help people during the most difficult times in their lives. In 2018, Salim opened the doors of Uroboros Mediations, a dispute resolution company specializing in mediation, arbitration, and divorce coaching. He has served as a collaborative neutral facilitator, divorce coach, and a securities arbitrator for the Financial Industry Regulatory Authority.
In January 2022, the North Carolina Pro Bono Resource Center will launch a voluntary Paralegal Pro Bono Reporting process for the first time. While there is no requirement for paralegals to offer pro bono services in North Carolina, there is an ethical responsibility for attorneys to do so under North Carolina Rule of Professional Conduct 6.1, and Guideline 10 of the ABA Model Guidelines for Utilization of Paralegal Services states that “[a] lawyer who employs a paralegal should facilitate the paralegal’s participation in appropriate continuing education and pro bono publico activities.” Rule 6.1 encourages North Carolina attorneys to provide at least fifty (50) hours of legal services per year at no cost to individuals of limited means and/or charitable or other organizations that serve individuals of limited means. These lawyers who provide at least fifty (50) hours of these types of volunteer services in a year are recognized through the North Carolina Attorney Pro Bono Honor Society. For the first time, paralegals who meet these requirements will have a similar venue for recognition – the North Carolina Paralegal Pro Bono Honor Society.
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.pngParalegals2021-12-06 14:36:382021-12-06 15:30:47Introducing the North Carolina Paralegal Pro Bono Honor Society
Cybercriminals exploited remote work during the COVID-19 pandemic.
In 2020, the FBI’s Internet Crime Complaint Center (IC3) saw a record 70% increase in the number of reported internet scams and losses exceeding $4.2 billion, due in part to the pandemic driving more commercial activities online and increasing remote work. According to the FBI, one of the most popular methods to steal money from businesses and individuals during the pandemic involved phishing scams and email account compromises.[1]
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.pngLitigation2021-12-06 09:56:152021-12-06 09:56:15Fraudulent Wire Transfers: Who Bears the Loss and How to Prevent Becoming A Victim
Managing Stress During Final Exams
Law Student Division, Young Lawyers DivisionIt’s that time of year again – when the library becomes your second home, caffeine becomes your best friend, and many, many law students become acquainted with high stress and anxiety. You guessed it: it is exam season.
This is my third exam season, and as I look back on my first exam season, I did practically everything wrong. No, not in my studying, but in the way I let the stress of exams control my life. I studied all day, every day, making no time for myself. Law school’s practical reality is that exams require daily hard work for many hours, but that should never mean sacrificing your mental health and overall well-being.
Read more
Checking In: Dec. 14, 2021
Checking InCompiled by Jessica Junqueira
Bradley Arant Boult Cummings LLP Adds Brett Lawrence
Brett Lawrence has joined Bradley Arant Boult Cummings LLP. He is a member of the firm’s Cybersecurity and Privacy Practice group, as well as the Banking and Financial Services Practice group. His practice is focused on data privacy and cybersecurity issues, insurance coverage and professional liability, and he is a Certified Information Privacy Professional by the International Association of Privacy Professionals. He holds a J.D. from the Washington and Lee University School of Law and a bachelor’s degree in business administration and finance from Florida Atlantic University.
New Associates Join the Law Offices of James Scott Farrin
Patrick Clare has joined the firm and practices in the workers’ compensation department. He has represented plaintiffs in workers’ compensation cases. He also has experience in personal injury litigation, premises liability, and general negligence. Clare earned a J.D. at Campbell Law School, where he was an articles editor for the Campbell Law Review. While in law school, Clare served as an NCBA Law Student Representative. He received a B.A. in psychology from the University of North Carolina at Chapel Hill.
Tom Wilmoth has joined the firm. He has more than ten years of experience practicing law as a corporate litigator. During that time, he has represented Fortune 500 companies. Before becoming a litigator, Wilmoth served as a law enforcement officer in Greensboro for more than eight years. He received a J.D. from Elon University School of Law and a B.A. in political science from the University of North Carolina at Greensboro.
Read more
Gilmore’s Farm, Inc. v. Herc Rentals, Inc. – A New Basis for Unfair Trade Practice Claims?
Construction Law SectionIt’s commonplace for plaintiffs in construction cases, especially owners, to assert unfair trade practice claims. But those claims rarely succeed. Most construction disputes involve a breach of contract between two sophisticated parties. In those circumstances, North Carolina law requires a substantial aggravating factor to turn the breach of contract into an unfair trade practice under G.S. 75-1.1 But a new decision in Gilmore’s Farm, Inc. v. Herc Rentals, Inc. from the U.S. District Court for the Eastern District of North Carolina has recognized that wrongfully asserting a lien can be the basis for a claim under G.S. 75-1.1.
Read more
Time to Register for Early Bird Pricing!
Corporate CounselBack to the Future: In-house Practice in a Post-pandemic World
Tuesday-Wednesday, January 25-26, 2022, 8:55 a.m. to 12:20 p.m. via Live Webcast
6.0 MCLE Hours (including 1 Substance Abuse/Mental Health) plus a Networking Event!
Once again, the NCBA Corporate Counsel Section is presenting a blockbuster program of CLE hours and networking to get your 2022 off to a great start. Are you curious about cryptocurrencies and NFTs? We have a panel for you on The Future of Money. Do you need tips for how to advise your BOD on a brewing dispute? Join us for Pre-suit Disputes on Wednesday morning. Want to hear some war stories from seasoned GCs? Come to our General Counsel Panel on Hybrid Warfare. These are just a few of the excellent topics curated by our fantastic CLE planners. If my calculations are correct, when this program hits your screen, you’re gonna learn some serious stuff!
Register here by January 4 to get early bird pricing!
Court of Appeals Issues Two (Unpublished) Decisions on Quasi-Judicial Permit Appeals
Zoning Planning & Land Use SectionThe Court of Appeals issued two unpublished decisions in November in connection with appeals of quasi-judicial land use decisions.
Madison Asphalt, LLC v. Madison County, et al. (2021-NCCOA-603)
An interesting case involving citizen efforts to challenge a negotiated settlement of a disputed quasi-judicial permit decision. The court decided the case on procedural/jurisdictional grounds.
Quick Background: Madison Asphalt sought a conditional use permit for (you guessed it) an asphalt plant. After originally denying the requested permit, the County’s Board of Commissioners rethought their position after Madison Asphalt appealed and “threatened additional litigation.” Madison Asphalt and the County entered into a settlement agreement under which the County would issue the requested permit. Because Madison Asphalt’s appeal was still pending before the Superior Court, the parties requested a consent order from the Superior Court hearing Madison Asphalt’s appeal reversing the prior permit denial and remanding the case back to the County.
Read more
Surviving Finals: Mental Health Edition
Law Student Division, Young Lawyers DivisionAs the year is winding down and finals time is fast approaching, it is very easy to get so lost in the pressure and stress of wanting to do well on final exams that we forget to take care of ourselves. Now, I’ve found this to be a common theme amongst my fellow law students, and it is completely understandable. We spend weeks on top of weeks reading, outlining, and studying, with the goal of doing exceptionally well on the final exam. We’re working towards achieving large goals and fulfilling dreams of graduating from our respective institutions and having a large impact on our communities. However, with such large goals, some things can get overlooked, such as getting rest, communicating with friends and family, and putting our mental health first.
Read more
From the ZPLU Chair: Moving Back Toward Normal
Zoning Planning & Land Use SectionDear Members of the Zoning, Planning, and Land Use Section:
Happy Fall! Welcome to the 2021-2022 bar year. I am honored to serve as the Chair of the Zoning, Planning and Land Use Section for this year. As we start the year, I want to thank our Council members, committee chairs, and liaison members for volunteering their valuable time to our section through chairing our committees and serving on the Council. I also want to thank our section members for being part of the section and providing the contributions that you provide to our section and our corner of the profession. If any members of the section would like to serve on one of our committees, please reach out to me. We will find a place for you!
Read more
Pro Bono Spotlight: Salim Uqdah
Pro Bono CommitteeSalim Uqdah
By Sidney Thomas
Salim Uqdah is a dedicated volunteer who is focused on educating and providing his dispute resolution skills to the people of North Carolina. Salim is a North Carolina Certified paralegal, Arkfeld E-Discovery Specialist, and NCDRC Certified Mediator with an immense talent for bringing people to the table. Salim left the Mecklenburg Courthouse in June 2018 to find innovative ways to help people during the most difficult times in their lives. In 2018, Salim opened the doors of Uroboros Mediations, a dispute resolution company specializing in mediation, arbitration, and divorce coaching. He has served as a collaborative neutral facilitator, divorce coach, and a securities arbitrator for the Financial Industry Regulatory Authority.
Read more
Introducing the North Carolina Paralegal Pro Bono Honor Society
Paralegal DivisionIn January 2022, the North Carolina Pro Bono Resource Center will launch a voluntary Paralegal Pro Bono Reporting process for the first time. While there is no requirement for paralegals to offer pro bono services in North Carolina, there is an ethical responsibility for attorneys to do so under North Carolina Rule of Professional Conduct 6.1, and Guideline 10 of the ABA Model Guidelines for Utilization of Paralegal Services states that “[a] lawyer who employs a paralegal should facilitate the paralegal’s participation in appropriate continuing education and pro bono publico activities.” Rule 6.1 encourages North Carolina attorneys to provide at least fifty (50) hours of legal services per year at no cost to individuals of limited means and/or charitable or other organizations that serve individuals of limited means. These lawyers who provide at least fifty (50) hours of these types of volunteer services in a year are recognized through the North Carolina Attorney Pro Bono Honor Society. For the first time, paralegals who meet these requirements will have a similar venue for recognition – the North Carolina Paralegal Pro Bono Honor Society.
Read more
Fraudulent Wire Transfers: Who Bears the Loss and How to Prevent Becoming A Victim
Litigation SectionCybercriminals exploited remote work during the COVID-19 pandemic.
In 2020, the FBI’s Internet Crime Complaint Center (IC3) saw a record 70% increase in the number of reported internet scams and losses exceeding $4.2 billion, due in part to the pandemic driving more commercial activities online and increasing remote work. According to the FBI, one of the most popular methods to steal money from businesses and individuals during the pandemic involved phishing scams and email account compromises.[1]
Read more