As the COVID-19 pandemic continues to affect hundreds of thousands of individuals in North Carolina, the need for attorneys to engage in pro bono legal services is even greater than before. The North Carolina Pro Bono Resource Center provides a number of legal resources for pro bono attorneys to ensure that those impacted by COVID-19 have access to appropriate legal services. For those of us who want to provide pro bono services, while still practicing social distancing, Legal Aid of North Carolina and the North Carolina Bar Foundation offer two great programs that allow attorneys to provide remote pro bono services from their own home: Lawyer on the Line and NC Free Legal Answers.
Lawyer on the Line: through Legal Aid of North Carolina’s Lawyer on the Line Program, clients receive answers to legal questions over the course of just one or two phone calls, and the advice provided during these calls informs the client’s decision on how to proceed pro se. Lawyer on the Line cases typically take about an hour of the attorney’s time, though it can vary depending on the area of law and complexity of the issue. Attorneys control how often they will receive Lawyer on the Line referrals and their level of involvement in each case.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2020-04-27 09:44:412020-04-27 12:21:41Providing Pro Bono Services While Practicing Social Distancing Could Not Be Easier
In reading the most recent Court of Appeals decision on standing in North Carolina, Hoag v. Pitt County (19-826 – Unpublished), I’m reminded of Elton John’s hit “I’m Still Standing.” It seems like there is a new challenge to the standing requirements in North Carolina on a regular basis, and yet the appellate courts consistently hold the line on the requirement to allege special damages that are distinct from the rest of the community in a particularized and supportable way. In Hoag, the Court declined the opportunity to knock down the standing barrier. This requirement is very much “still standing . . . yeah, yeah, yeah.”
It might seem unnecessary to write about an unpublished case handed down by the Court of Appeals, but I think Hoag is more about what the COA didn’t say than what it did say (or publish). The Court had the opportunity to loosen the pleading requirements for standing, but it decided the rule works well and no new precedent was necessary in this case.
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.pngGovernmentandPublicSector2020-04-27 09:40:402020-04-29 12:29:13Still Standing: COA Declines The Opportunity To Change Standing Requirements
As we have all witnessed, the COVID-19 situation remains incredibly fluid and presents unique challenges to the construction industry, which has been deemed an essential business in the Carolinas. On April 21, 2020, OSHA issued an alert containing COVID-19 safety guidance that is specifically directed to the construction industry. A copy of the one page OSHA alert can be viewed here: https://www.osha.gov/Publications/OSHA4000.pdf.
It is imperative that construction professionals review the OSHA guidance and ensure that they are taking all necessary steps to comply. This is important not only for protecting the health and safety of construction workers and the general public, but also for avoiding a possible OSHA violation for failure to adhere to its COVID-19 safety guidance. As many in the industry know, OSHA’s General Duty clause is very broadly enforced. Though current supply shortages of PPE and various cleaning materials present obstacles to compliance, construction professionals should do their best to follow the OSHA guidance by using the resources they have available. As an additional step, we recommend that construction professionals print out and post the linked OSHA guidance at their jobsites and office locations as a visual reminder to their workers of the steps necessary to keep themselves and the general public safe.
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.pngConstruction2020-04-24 11:07:262020-04-24 11:58:22OSHA Releases COVID-19 Guidance for the Construction Workforce
This year’s N.C. Legal Feed Frenzy raised $151,083.00, equivalent to 604,332 pounds of food. A total of 60 teams participated.
Thanks to Feeding the Carolinas, all online processing fees were covered and 100 percent of the donations went directly to our local food banks. With these funds, food banks are assisting families affected by COVID-19, many of whom previously have not needed food bank support.
On top of their normal operations, the food banks are distributing food to their disaster relief partner agencies including schools, local Meals on Wheels, food pantries, shelters, and senior support groups.
Please see this special thank you from Feeding the Carolinas Executive Director Mike Darrow.
On Thursday afternoon, April 23, N.C. Attorney General Josh Stein, honorary chair and a member of the NCBA, presented the awards live on Facebook. Plaques will be mailed to the recipients. The awards are made possible by the generous funding of the North Carolina Bar Foundation Endowment.
Please join the NCBA Sports and Entertainment Law Section on May 7, 2020 at 6 p.m. for #TriviaThursdays! We may be stuck at home, but that won’t stop us from having a little fun. Join us on Zoom and get to know our Council and section members. Pour a glass of your favorite beverage, throw on your old sports jerseys or favorite band T-shirts, and get ready to answer some questions about the sports and entertainment industry! There will be prizes for the winners! Please RSVP by May 6, 2020 using the link below. Once you RSVP, the zoom link/information will be distributed.
When | Thursday, May 7th | 6-7 p.m.
Where | Zoom (both a video link and a dial-in will be available)
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.pngSportsandEntertainment2020-04-23 14:15:052020-04-23 16:04:10Sports & Entertainment Law Section Trivia Night (Thursday, May 7, 2020)
On March 9, 2020, the U.S. Department of Health and Human Services (HHS) finalized two rules (now released for publication in the Federal Register, as of April 21, 2020) intended to give patients additional access to their health data. The rules, issued by the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC), implement interoperability and patient access provisions of the 21st Century Cures Act as well as the Administration’s MyHealthEData initiative.[1] The heart of CMS’ rule is to support data flowing freely and securely between payers, providers, and patients, and to truly achieve coordinated care, improved health outcomes, and reduced costs.[2]
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSecurity2020-04-23 12:30:142020-04-24 11:43:18Hey Health Plan, I Want _______ App to Have My Health Data!
Have you ever been searching for something online, and used the search query “near me” or added your city to what you’re searching for? If so, you’re not alone. Recent studies have shown that almost 50% of Google searches have local intent—that is to say, the searcher is looking for a business or service geographically nearby.
Based on that stat, it’s not hard to understand why law firms are paying special attention to Local SEO recently. As most searches are done through Google, we pay the most attention to Google’s service for local search, which is called Google My Business.
Especially in the current environment with COVID-19, Google My Business is critical to helping your firm communicate with clients.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SmallFirmandTechhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSmallFirmandTech2020-04-23 10:41:032020-04-23 12:21:07Helping People Find You With Google My Business
The human brain is the most powerful processor on the planet. It’s responsible for incredible advances in art, culture, and technology. Yet, at times, it can cause us to act like anything but a human being.
When we are exposed to a high enough level of pressure—for instance, when you find yourself in a tense negotiation with a client—the human brain loses its ability to distinguish between actual and perceived risk. This causes the most primitive part of our brain, the amygdala, to kick into high gear to protect you from an impending (though non-life-threatening) situation that it fears may kill you.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2020-04-23 09:30:502020-04-24 13:58:30Wednesday Wellness Sessions: How to Excel Under Pressure
I am writing this from my kitchen table—probably where a lot of you are reading this whether you are on your laptop or your phone! My kids just tumbled back in through the door (outside time is over, free time [aka device time] has started), and I am wishing I could go outside, too. A lot of us in the Corporate Counsel Section are busier than ever. We are dealing not only with operations, but now strategy and the fires a virus has started. Some of us are wondering if we will have a job when this is all over. Like the saying goes, “my journey is not yours.” This is a stressful and lonely time (see the recent Loneliness in the Law blog post regardless of your situation. And it is compounded by worries around family members, friends, colleagues, and neighbors. Read more
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.pngCorporateCounsel2020-04-22 15:30:482020-04-23 09:14:15Message from the Chair
Unsubstantiated claims regarding a variety of cleaning and “disinfection” procedures are flooding the market—from a surprising number of sources. Here are a few helpful hints:
CDC Guidance – The CDC has published guidance for cleaning and disinfecting most businesses and public spaces. The guidance recommends a two-step process of cleaning all potentially affected surfaces, followed by applying an EPA-approved disinfectant for that type of surface or a 0.1% solution of bleach in water. Note that cleaning operations must comply with OSHA requirements for hazard communication and blood-borne pathogens.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00EnvironmentalLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngEnvironmentalLaw2020-04-21 12:46:512020-04-21 15:06:47Cleaning and Disinfection Protocols for COVID-19 Affected Work Spaces
Providing Pro Bono Services While Practicing Social Distancing Could Not Be Easier
Intellectual Property Law SectionAs the COVID-19 pandemic continues to affect hundreds of thousands of individuals in North Carolina, the need for attorneys to engage in pro bono legal services is even greater than before. The North Carolina Pro Bono Resource Center provides a number of legal resources for pro bono attorneys to ensure that those impacted by COVID-19 have access to appropriate legal services. For those of us who want to provide pro bono services, while still practicing social distancing, Legal Aid of North Carolina and the North Carolina Bar Foundation offer two great programs that allow attorneys to provide remote pro bono services from their own home: Lawyer on the Line and NC Free Legal Answers.
Lawyer on the Line: through Legal Aid of North Carolina’s Lawyer on the Line Program, clients receive answers to legal questions over the course of just one or two phone calls, and the advice provided during these calls informs the client’s decision on how to proceed pro se. Lawyer on the Line cases typically take about an hour of the attorney’s time, though it can vary depending on the area of law and complexity of the issue. Attorneys control how often they will receive Lawyer on the Line referrals and their level of involvement in each case.
Read more
Still Standing: COA Declines The Opportunity To Change Standing Requirements
Government & Public SectorBy Nick Tosco
In reading the most recent Court of Appeals decision on standing in North Carolina, Hoag v. Pitt County (19-826 – Unpublished), I’m reminded of Elton John’s hit “I’m Still Standing.” It seems like there is a new challenge to the standing requirements in North Carolina on a regular basis, and yet the appellate courts consistently hold the line on the requirement to allege special damages that are distinct from the rest of the community in a particularized and supportable way. In Hoag, the Court declined the opportunity to knock down the standing barrier. This requirement is very much “still standing . . . yeah, yeah, yeah.”
It might seem unnecessary to write about an unpublished case handed down by the Court of Appeals, but I think Hoag is more about what the COA didn’t say than what it did say (or publish). The Court had the opportunity to loosen the pleading requirements for standing, but it decided the rule works well and no new precedent was necessary in this case.
Read more
OSHA Releases COVID-19 Guidance for the Construction Workforce
Construction Law SectionAs we have all witnessed, the COVID-19 situation remains incredibly fluid and presents unique challenges to the construction industry, which has been deemed an essential business in the Carolinas. On April 21, 2020, OSHA issued an alert containing COVID-19 safety guidance that is specifically directed to the construction industry. A copy of the one page OSHA alert can be viewed here: https://www.osha.gov/Publications/OSHA4000.pdf.
It is imperative that construction professionals review the OSHA guidance and ensure that they are taking all necessary steps to comply. This is important not only for protecting the health and safety of construction workers and the general public, but also for avoiding a possible OSHA violation for failure to adhere to its COVID-19 safety guidance. As many in the industry know, OSHA’s General Duty clause is very broadly enforced. Though current supply shortages of PPE and various cleaning materials present obstacles to compliance, construction professionals should do their best to follow the OSHA guidance by using the resources they have available. As an additional step, we recommend that construction professionals print out and post the linked OSHA guidance at their jobsites and office locations as a visual reminder to their workers of the steps necessary to keep themselves and the general public safe.
2020 Legal Feeding Frenzy Update and Award Winners
Young Lawyers DivisionThis year’s N.C. Legal Feed Frenzy raised $151,083.00, equivalent to 604,332 pounds of food. A total of 60 teams participated.
Thanks to Feeding the Carolinas, all online processing fees were covered and 100 percent of the donations went directly to our local food banks. With these funds, food banks are assisting families affected by COVID-19, many of whom previously have not needed food bank support.
On top of their normal operations, the food banks are distributing food to their disaster relief partner agencies including schools, local Meals on Wheels, food pantries, shelters, and senior support groups.
Please see this special thank you from Feeding the Carolinas Executive Director Mike Darrow.
On Thursday afternoon, April 23, N.C. Attorney General Josh Stein, honorary chair and a member of the NCBA, presented the awards live on Facebook. Plaques will be mailed to the recipients. The awards are made possible by the generous funding of the North Carolina Bar Foundation Endowment.
Read more
Sports & Entertainment Law Section Trivia Night (Thursday, May 7, 2020)
Sports & Entertainment Law SectionPlease join the NCBA Sports and Entertainment Law Section on May 7, 2020 at 6 p.m. for #TriviaThursdays! We may be stuck at home, but that won’t stop us from having a little fun. Join us on Zoom and get to know our Council and section members. Pour a glass of your favorite beverage, throw on your old sports jerseys or favorite band T-shirts, and get ready to answer some questions about the sports and entertainment industry! There will be prizes for the winners! Please RSVP by May 6, 2020 using the link below. Once you RSVP, the zoom link/information will be distributed.
When | Thursday, May 7th | 6-7 p.m.
Where | Zoom (both a video link and a dial-in will be available)
RSVP | Click here
Hey Health Plan, I Want _______ App to Have My Health Data!
Privacy and Data SecurityOn March 9, 2020, the U.S. Department of Health and Human Services (HHS) finalized two rules (now released for publication in the Federal Register, as of April 21, 2020) intended to give patients additional access to their health data. The rules, issued by the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC), implement interoperability and patient access provisions of the 21st Century Cures Act as well as the Administration’s MyHealthEData initiative.[1] The heart of CMS’ rule is to support data flowing freely and securely between payers, providers, and patients, and to truly achieve coordinated care, improved health outcomes, and reduced costs.[2]
Read more
Helping People Find You With Google My Business
Small Firm & Technology SectionHave you ever been searching for something online, and used the search query “near me” or added your city to what you’re searching for? If so, you’re not alone. Recent studies have shown that almost 50% of Google searches have local intent—that is to say, the searcher is looking for a business or service geographically nearby.
Based on that stat, it’s not hard to understand why law firms are paying special attention to Local SEO recently. As most searches are done through Google, we pay the most attention to Google’s service for local search, which is called Google My Business.
Especially in the current environment with COVID-19, Google My Business is critical to helping your firm communicate with clients.
Read more
Wednesday Wellness Sessions: How to Excel Under Pressure
Featured PostsThe human brain is the most powerful processor on the planet. It’s responsible for incredible advances in art, culture, and technology. Yet, at times, it can cause us to act like anything but a human being.
When we are exposed to a high enough level of pressure—for instance, when you find yourself in a tense negotiation with a client—the human brain loses its ability to distinguish between actual and perceived risk. This causes the most primitive part of our brain, the amygdala, to kick into high gear to protect you from an impending (though non-life-threatening) situation that it fears may kill you.
Read more
Message from the Chair
Corporate CounselBy Clara Cottrell
I am writing this from my kitchen table—probably where a lot of you are reading this whether you are on your laptop or your phone! My kids just tumbled back in through the door (outside time is over, free time [aka device time] has started), and I am wishing I could go outside, too. A lot of us in the Corporate Counsel Section are busier than ever. We are dealing not only with operations, but now strategy and the fires a virus has started. Some of us are wondering if we will have a job when this is all over. Like the saying goes, “my journey is not yours.” This is a stressful and lonely time (see the recent Loneliness in the Law blog post regardless of your situation. And it is compounded by worries around family members, friends, colleagues, and neighbors. Read more
Cleaning and Disinfection Protocols for COVID-19 Affected Work Spaces
Environment Energy & Natural ResourcesUnsubstantiated claims regarding a variety of cleaning and “disinfection” procedures are flooding the market—from a surprising number of sources. Here are a few helpful hints:
CDC Guidance – The CDC has published guidance for cleaning and disinfecting most businesses and public spaces. The guidance recommends a two-step process of cleaning all potentially affected surfaces, followed by applying an EPA-approved disinfectant for that type of surface or a 0.1% solution of bleach in water. Note that cleaning operations must comply with OSHA requirements for hazard communication and blood-borne pathogens.
Read more