Generated by All in One SEO v5.0.0.1, this is an llms.txt file, used by LLMs to index the site. # NCBarBlog The blog community of the North Carolina Bar Association ## Sitemaps - [XML Sitemap](https://www.ncbarblog.com/sitemap.xml): Contains all public & indexable URLs for this website. ## Posts - [Federal Income Tax Update](https://www.ncbarblog.com/tax-federal-income-tax-update-august-2026/) - I. Tax Court Finds Equitable Tolling May Excuse a Late-Filed Tax Court Petition; Gilbert vs. Commissioner; TC Memo 2026-10. The IRS examined Mr. and Mrs. Gilberts’ 2015 and 2016 tax returns during 2018. The Gilberts appealed the case to the IRS appeals office and were assigned to an appeals officer named Ms. Levina. Ms. Levina - [Welcome to the Bar Year](https://www.ncbarblog.com/cc-welcome-to-the-bar-year/) - Dear Members of the NCBA Corporate Counsel Section, Welcome to the 2026-2027 bar year! For those who don’t know me yet, my name is Chris Scott, and I have the great pleasure of serving as the chair of our section for this new year. I am grateful for this opportunity, and look forward to working - [Welcome, Paralegals, to a New Bar Year!](https://www.ncbarblog.com/pd-welcome-paralegals-to-a-new-bar-year/) - To my fellow colleagues, welcome to the 2026-2027 bar year! It is my honor to step into this role and serve as your chair of the Paralegal Division for this bar year. I want to start by saying thank you to the members who have helped build this division into what it is today, to - [Planting Seeds in the Desert: Interviews with Legal Oasis Interns (Part 5)](https://www.ncbarblog.com/pc-planting-seeds-in-the-desert-interviews-with-legal-oasis-interns-part-5/) - In this blog post series, interns who are participating in the Legal Oasis Internship program discuss their participation in the program and why they choose to live and serve in an underserved area. Background on this program can be found in the initial blog post of this series. It is our hope that others will be - [“Let’s Go to the Tape!” When a District Court Can Review Video in Support of a Rule 12(b)(6) Motion](https://www.ncbarblog.com/lt-lets-go-to-the-tape-when-a-district-court-can-review-video-in-support-of-a-rule-12b6-motion/) - Anyone who survived Civ Pro knows that on a motion to dismiss under Rule 12(b)(6), a district court is generally confined to the four corners of the complaint and any documents attached to or incorporated into it. Materials beyond the complaint are off-limits. Considering them risks converting the motion into one for summary judgment. Fed. - [Inspiration](https://www.ncbarblog.com/inspiration/) - I came across some poetry that I found inspirational; it spoke to me about what we do: As the rain and the snow come down from heaven,and do not return to it without watering the earthand making it bud and sprout,so that it yields seed for the sower and bread for the eater,so is my word that I speak - [Pro Bono Spotlight: Candace Friel](https://www.ncbarblog.com/pro-bono-pro-bono-spotlight-candace-friel/) - Candace Friel finds her passion for pro bono work in projects where she gets to work with clients one-on-one, especially at home in the Triad. Friel is a partner at Nelson Mullins Riley & Scarborough, working as a healthcare and commercial litigator, and she is a member of the NCBA’s Health Law Section. Since beginning - [North Carolina's 2026 Budget Bill Makes Sweeping Changes to Land Use and Zoning Law: What Local Governments Need to Know](https://www.ncbarblog.com/north-carolinas-2026-budget-bill-makes-sweeping-changes-to-land-use-and-zoning-law-what-local-governments-need-to-know/) - The North Carolina General Assembly's 2026 budget bill — the 2026 Appropriations Act, Session Law 2026-41 (Senate Bill 257) — was signed into law on July 7, 2026, and includes major amendments to the state's zoning and development statutes that significantly reshape the legal landscape for local governments and developers alike. Below is a summary - [Me and My Mini-MBA](https://www.ncbarblog.com/mazzone-column/) - The day started off innocuously enough. I was in a meeting with my boss and I passed him a spreadsheet I had been working on. He has an MBA and has, shall we say, well-developed thoughts and feelings about spreadsheets. I majored in English and have well-developed thoughts and feelings on who is the vilest - [Here's What Should Be Keeping You Up At Night](https://www.ncbarblog.com/heres-what-should-be-keeping-you-up-at-night-2/) - Here’s an actual email1 I received from a consulting client at the Center for Practice Management. Dear Erik, I think it is time for me to ramp up my firm’s online marketing efforts, but nothing I’ve done so far seems to work. It’s almost frustrating enough to make me miss the Yellow Pages. Sincerely, Sleepless in - [A Tale Of Two Legal Tech Conferences: Artificial Intelligence, Practice Management And More](https://www.ncbarblog.com/a-tale-of-two-legal-tech-conferences/) - It was the best of conferences, it was the … actually, they were both pretty good. Not exactly Dickens, is it? I recently attended two legal technology conferences. They were interesting both for their similarities (“The future is now!”) and their differences (evolutionary or revolutionary change). The first conference – eponymously called the Clio Cloud - [BarCARES Seeks Nominations for Board Members](https://www.ncbarblog.com/barcares-seeks-nominations-for-board-members/) - Do you care about the mental health of lawyers, law students and paralegals? Would you like to serve on a board that works towards making a variety of mental health services readily available for colleagues? BarCARES does that and is seeking nominations for Board members. For those who don’t know, BarCARES is designed to offer - [Disability Access in the Practice of Law – Begin Making Your Law Firms More Accessible for Disabled Employees and Clients with this Simple Checklist](https://www.ncbarblog.com/disability-access-in-the-practice-of-law-begin-making-your-law-firms-more-accessible-for-disabled-employees-and-clients-with-this-simple-checklist/) - You may be unintentionally excluding a quarter of your clients and coworkers. Twenty-six percent of adults living in the United States live with some sort of disability. However, fewer than one percent of American attorneys report having a disability, which can include sensory, physical, emotional, cognitive, and psychological conditions, many of which are not immediately - [An Aspirational Statement of Equality and Civility](https://www.ncbarblog.com/an-aspirational-statement-of-equality-and-civility/) - The North Wind and the Sun got into a dispute about which one was stronger. To put the issue to a test, they decided that whoever sooner made a traveler take off his cloak would be the more powerful and win the argument. The Wind blew with all its might, but the stronger he blew, - [Objectivity](https://www.ncbarblog.com/objectivity/) - In the summer of 2009 I traveled to a small village in the Ramsdalen valley of Norway to shoot a story for 60 Minutes about a group of adventurers jumping off cliffs and flying to the ground in wingsuits. We hired one of them to shoot video while they were in flight. He was from - [Isolation](https://www.ncbarblog.com/isolation/) - The NCBA Professional Vitality Committee creates sourced articles centered on reducing inherent stress and enhancing vitality in the lives of legal professionals and offers those resources as a benefit for members of the North Carolina Bar Association. In the morning, immediately upon waking, my mind screaming at me: “Get up. Get out of bed. You - [Where Am I and Where Am I Going?](https://www.ncbarblog.com/pvc-where-am-i-and-where-am-i-going/) - The NCBA Professional Vitality Committee creates sourced articles centered on reducing inherent stress and enhancing vitality in the lives of legal professionals and offers those resources as a benefit for members of the North Carolina Bar Association. I was shocked to learn that I am a “senior lawyer.” Although I am not quite certain who - [Loneliness in the Law](https://www.ncbarblog.com/loneliness-in-the-law/) - As we’re all adjusting to this new normal, I’m quickly realizing that practicing law from home certainly isn’t without its issues. There are the technological issues of not having your files immediately at your fingertips, the inconvenience of not having multiple screens to compare documents and the reality of one’s unflattering appearance on Zoom. Then - [Slowing Down](https://www.ncbarblog.com/slowing-down/) - I must admit this article began as a piece about slowing down to enjoy the holidays after I observed my almost five-year-old son napping on an airplane flying to see family. But then I thought about all the times I had heard someone (a preacher, a parent, an unsolicited stranger, a Hallmark commercial) extorting me - [The Dark Side of Instant Messaging for Business](https://www.ncbarblog.com/the-dark-side-of-instant-messaging-for-business/) - By Kevin J. Stanfield How do companies balance the efficiencies of instant messaging with potential legal risks? Instant messaging applications are increasingly present in today’s corporate world and a popular form of communications both internally, between company employees, and externally with clients and partner organizations. The days of face-to-face meetings between managers and employees in - [Pro Bono Spotlight: Chelsea Corey](https://www.ncbarblog.com/pro-bono-spotlight-chelsea-corey/) - Chelsea Corey is an experienced commercial litigator at Haynes Boone, who currently represents clients in the energy industry and financial services. Despite her challenging day job, she’s also been extremely active in pro bono work across multiple organizations for many years. With her expertise, Chelsea is able to take on a wide breadth of complex - [Pro Bono Spotlight: Robert Wall](https://www.ncbarblog.com/pro-bono-spotlight-robert-wall/) - This month, we get the pleasure to highlight Rob Wall — an NCBA member who embodies commitment to pro bono, leadership and service as a model of professionalism to other lawyers. Rob currently works as a tax attorney at Baker Donelson Bearman Caldwell & Berkowitz. He is joining the NCBA Board of Governors and the - [Paralegal Spotlight: Cody Worrells](https://www.ncbarblog.com/pd-paralegal-spotlight-cody-worrells/) - From Airborne to Litigation: How Cody Worrells Learned to Love the Work Cody Worrells did not grow up dreaming of becoming a paralegal, nor did he enter the profession with a carefully mapped-out vision. One year after starting college, Cody realized school “was not for me” and decided to join the Army instead. When the - [To Dissolve or Not to Dissolve](https://www.ncbarblog.com/to-dissolve-or-not-to-dissolve/) - The North Carolina Court of Appeals recently addressed a claim asserting a shareholder’s right to a judicial dissolution of a business corporation in Brady v. Van Vlaanderen, 2018 WL 3977437 (N.C. Ct. App. August 21. 2018). In Brady, the plaintiff was a shareholder in a family business, United Tool & Stamping Company of North Carolina, Inc. - [And the Winner is . . .](https://www.ncbarblog.com/and-the-winner-is/) - I’ve been to six North Carolina Bar Association Annual Meetings, and we’ve had some amazing activities that attracted a lot of members. There have been historic riverboat tours along the Cape Fear, tubing expeditions down the French Broad, Land Rover cruises at Biltmore and private showcases of the Hendrick Motorsports Museum. But in the end, - [A Rhyming Reminder For Which you are Wiser . . .](https://www.ncbarblog.com/a-rhyming-reminder-for-which-you-are-wiser/) - Good tidings I bring from the NCBA, For Corporate Counsel dues you no longer pay! They’re included in your basic membership fee, Along with 12 hours of On Demand CLE. Covering ethics, substance abuse and technology training, We have it all so there’s no need for complaining. And if in other practices you’re feeling a - [May Is Member Appreciation Month, So Prepare To Be Appreciated](https://www.ncbarblog.com/may-is-member-appreciation-month-so-prepare-to-be-appreciated/) - We put members first at the NCBA every day, but we wanted to do a little extra to express our gratitude this May, so we’re kicking off our first ever Member Appreciation Month. Extra benefits for members this month include: Free Fridays – The first three Fridays in May we’re offering free services around the - [Is the EEOC Trying To Require Unforeseeable Intermittent Leave As a Reasonable Accommodation Under the ADA (Again)?](https://www.ncbarblog.com/is-the-eeoc-trying-to-require-unforeseeable-intermittent-leave-as-a-reasonable-accommodation-under-the-ada-again/) - The EEOC filed two lawsuits in the past couple of months that show one of two things: (1) massive companies are cruel and heartless, with HR Departments that don’t understand the ADA, or (2) the EEOC, despite its own statements in guidances and regulations, continues to believe that the ADA allows employees to take repeated, - [New Rules Of Appellate Procedure For North Carolina](https://www.ncbarblog.com/new-rules-of-appellate-procedure-for-north-carolina/) - Government & Public Sector Section As winter turns to spring, it’s a good time to freshen up on the N.C. Rules of Appellate Procedure! Did you know that new rules went into effect on Jan. 1, 2017? You will want to review these new rules before drafting your next appellate brief! Perhaps the biggest change - [10 Ways To Prep For a Successful Mediation](https://www.ncbarblog.com/10-ways-to-prep-for-a-successful-mediation/) - From an attorney’s perspective: As we all know (or should know) the purpose of mediation is to maximize the chances that our client’s case will settle before they are forced into a potentially unnecessary trial. In order to facilitate this process it is imperative that we, as attorneys, arrive prepared to resolve our client’s issues. - [New Tools for Your Corporate Law Toolbox in Recent Changes to the North Carolina Business Corporation Act](https://www.ncbarblog.com/new-tools-for-your-corporate-law-toolbox-in-recent-changes-to-the-north-carolina-business-corporation-act/) - The General Assembly of North Carolina recently approved changes to the North Carolina Business Corporation Act, Chapter 55 of the General Statutes (the “NCBCA”), which the Governor signed into law on June 22, 2018 and which will take effect on October 1, 2018.[1] The bill enacted into law (the “Act”) makes significant enhancements to North - [Education Law Section Members Participate in Law Student Networking Events](https://www.ncbarblog.com/education-law-section-members-participate-in-law-student-networking-events/) - Thank you to the Education Law Section members who recently participated in panels and networking events at North Carolina Central University School of Law and Campbell University Norman Adrian Wiggins School of Law. Section members mingled and shared career advice with future attorneys at a networking lunch at NCCU School of Law following the section - [Contemplations on 'An Act to Further Define … 'Practice [of] Law',' 'Requirements for Web Site Providers' and Chapter 84 of the North Carolina General Statutes](https://www.ncbarblog.com/contemplations-on-an-act-to-further-define-practice-of-law-requirements-for-web-site-providers-and-chapter-84-of-the-north-carolina-general-statutes/) - Ulysses Everett McGill (previously imprisoned for practicing law without a license and about to be hanged): "It ain't the law!" Sheriff Cooley: "The law? The law is a human institution." — "Oh Brother, Where Art Thou?" (Joel and Ethan Coen, 2001) How much time have you spent reading Chapter 84 of the North Carolina General Statutes - [Avoiding the Bullseye: Cybersecurity Lessons From the Target Litigation](https://www.ncbarblog.com/avoiding-the-bullseye-cybersecurity-lessons-from-the-target-litigation/) - David M. Furr is a member of the North Carolina Bar Association's newly created Privacy and Data Security Committee, which begins work in the upcoming bar year. Traditional retail in the United States has had two distinct issues negatively affecting its survival in this decade. First, the proliferation of E-commerce companies has severely reduced the - [Employer’s Attempt At Repayment Of Training Costs Can Backfire Causing Employee Misclassification Under the FLSA](https://www.ncbarblog.com/employers-attempt-at-repayment-of-training-costs-can-backfire-causing-employee-misclassification-under-the-flsa/) - A growing practice among employers is to require new hires to sign a Training Cost Agreement (TCA), which puts employees on the hook for the cost of their on-the-job training if they quit or are fired before completing a period of years of work for the employer. The concept is something like the evil twin - [Employee Duties in the Interactive Process: Recent Opinions within the Fourth Circuit](https://www.ncbarblog.com/employee-duties-in-the-interactive-process-recent-opinions-within-the-fourth-circuit/) - Employees with disabilities face a dilemma when a requested accommodation for their disability is denied by management. Many employees will feel demoralized or offended at the rejection of a request for an accommodation, which they believe to be medically necessary because of their physical or mental limitations. In this space, however, for employees to successfully - [Fourth Circuit Adopts 'But-For' Causation For False Claims Act Retaliation Cases](https://www.ncbarblog.com/fourth-circuit-adopts-but-for-causation-for-false-claims-act-retaliation-cases/) - Earlier this month in United States ex rel. Cody v. ManTech, Int’l, Corp., 2018 WL 3770141 (4th Cir. 2018), the Fourth Circuit determined that a “but-for” causation standard should apply to retaliation claims under the Federal False Claims Act (“FCA”). 31 U.S.C. § 3729, et seq. The Fourth Circuit’s opinion scrutinized the FCA’s retaliation protections, - [Layoff Surprise: Is the Traveling Branch Manager A “Mobile Worker” Under the WARN Act?](https://www.ncbarblog.com/layoff-surprise-is-the-traveling-branch-manager-a-mobile-worker-under-the-warn-act/) - Labor & Employment Law Section Federal law requires large employers issuing mass layoffs or plant closures to give employees 60 days advance written notice of an upcoming layoff provided that the layoffs occur at a “single site of employment”. The term “single site of employment” greatly limits the applicability of the WARN Act, but it - [4th Circuit’s Dueling Disability Discrimination Decisions Analyze 'Illegal-Exam' Claims Under ADA/Rehabilitation Act](https://www.ncbarblog.com/4th-circuits-dueling-disability-discrimination-decisions-analyze-illegal-exam-claims-under-ada-rehabilitation-act/) - When can an employer require its employee to undergo a medical exam without running afoul of the Americans with Disabilities Act (ADA) or the Rehabilitation Act? In recent weeks, the Fourth Circuit enriched the case law on illegal-exam claims in two divergent opinions, ruling for the employee in EEOC v. McLeod Health, Inc., --- F.3d - [Welcome to the Environment, Energy & Natural Resources Section Blog!](https://www.ncbarblog.com/welcome-to-the-energy-environment-and-natural-resources-section-blog/) - Starting a few years ago, the Bar Association began to offer each Section the chance to move its newsletter content online to its own Section blog page. This year we decided to make that transition. We hope that a digital option will allow for faster, more robust sharing of information. A huge thank you to - [U.S. and EU Publish Lists of Products That May Be Subject To Retaliatory Tariffs](https://www.ncbarblog.com/u-s-and-eu-publish-lists-of-products-that-may-be-subject-to-retaliatory-tariffs/) - After more than a decade of World Trade Organization (“WTO”) disputes over aircraft subsidies, the United States and European Union have published preliminary lists of products that could face billions of dollars in retaliatory tariffs. On April 12, 2019, and in response to WTO findings that the European Union has failed to bring its aircraft - [Tax Questions For Discussion: Please Respond](https://www.ncbarblog.com/tax-questions-for-discussion-please-respond/) - Please provide comments about the issues below to Herman Spence at hspence@robinsonbradshaw.com. I will summarize the responses and post them on the Tax Section blog. I will not mention any individual’s response and will not provide the names of responders. North Carolina Stamp Taxes Background. GS § 105-228.29 provides the - [In Re Gault: Defending the Defenders and the Due Process They Protect](https://www.ncbarblog.com/in-re-gault-defending-the-defenders-and-the-due-process-they-protect/) - May 15, 2017 marked the 50th anniversary of the United States Supreme Court decision In re Gault. Gerald Gault was a 16-year-old adjudicated and confined for making an illicit phone call to an elderly neighbor. Gerald was given no notice of the charges, no attorney, no opportunity to cross examine witnesses, and not informed of - [Welcome to the Corporate Counsel Section Blog](https://www.ncbarblog.com/welcome-to-the-corporate-counsel-section-blog/) - The Corporate Counsel Section is quite excited to have its many leaders and members actively serving and participating in Section-related events. I, too, am excited to be your 2018-2019 Section Chair and cannot begin to communicate my enthusiasm in anticipation of a wonderful Bar year. As our Section membership is some 500 strong and spans - [Insurance Law Section Annual Meeting and CLE Wrap-Up](https://www.ncbarblog.com/insurance-law-section-annual-meeting-and-cle-wrap-up-2/) - In case you missed it, the Insurance Law Section of the North Carolina Bar Association held its annual meeting and CLE at the Bar Center in Cary on January 31, 2019. The theme of this year’s CLE was “Back to the Basics” and included a great selection of speakers covering topics such as CGL Insurance - [Insurance Law Section Annual Meeting and CLE Wrap-Up](https://www.ncbarblog.com/insurance-law-section-annual-meeting-and-cle-wrap-up/) - In case you missed it, the Insurance Law Section of the North Carolina Bar Association held its annual meeting and CLE at the NC Bar Center in Cary on January 31, 2018. This year’s CLE offered a great selection of speakers presenting on a variety of practical topics, including useful tools in litigating coverage matters, - [New Telephone Numbers at the Secretary of State](https://www.ncbarblog.com/new-telephone-numbers-at-the-secretary-of-state/) - Someone invented the telephone, And interrupted a nation's slumbers, Ringing wrong but similar numbers. ~Ogden Nash, Look What You Did, Christopher The N.C. Department of the Secretary of State both regrets and is pleased to inform you that all of our telephone numbers are changing. We regret it because we know it is going to - [Work Worth Doing: Alternative Dispute Resolution](https://www.ncbarblog.com/work-worth-doing-alternative-dispute-resolution/) - It is easy in today’s political and cultural environment to feel overwhelmed and completely helpless to affect any change. Conflict abounds. In a society focused on retributive justice, where traditional litigation approaches are the norm, advocating options for conflict resolution that fall on the alternative dispute resolution spectrum can often feel counter cultural. At times - [We've Only Just Begun …](https://www.ncbarblog.com/weve-only-just-begun/) - While my daughter's focus is already on the end of 2018 (Halloween, Thanksgiving, and Christmas – oh my!), my year of serving as the Intellectual Property Law Section Chair has only just begun. I am very much looking forward to my year as chair, and I encourage all members to reach out with any ideas, - [NC Secretary of State Cracks Down on Cryptocurrency-Based Security](https://www.ncbarblog.com/nc-secretary-of-state-cracks-down-on-cryptocurrency-based-security/) - As cryptocurrencies, blockchain technologies, and virtually all things containing the words “crypto” or “blockchain” continue to experience a meteoric rise in popularity, regulators face an abundance of issues related to the classification and regulation of cryptocurrencies and activities related to cryptocurrencies. Likewise, investors and consumers are besieged by an ever increasing number of fraudulent and - [Gifts for Lawyers Who Say They Don't Want an Apple Watch -- But Really Do](https://www.ncbarblog.com/gifts-for-lawyers-who-say-they-dont-want-an-apple-watch-but-really-do/) - Editor's note: This article appears in the November edition of NC Lawyer.I didn’t want an Apple Watch. Really. With an iPhone, iPad and MacBook Air, I figured owning three Apple devices that need charging daily and upgrading regularly is enough for one person. Not to mention I wanted to avoid being one of those officious - [Nine Questions to Ask About Your Firm’s Website](https://www.ncbarblog.com/nine-questions-to-ask-about-your-firms-website/) - Law firms are investing more in the de­sign and development of their websites than ever. But are your visitors any happier? - [The Chair's Comments](https://www.ncbarblog.com/the-chairs-comments/) - I am excited to be writing my initial column as chair of the Business Law Section, having succeeded Ken Carroll on July 1. I look forward to serving as chair of the section and invite you to contact me at any time with any questions, ideas, concerns or advice. We have an outstanding section and - [Still Atticus: An old hero persists despite a new portrayal](https://www.ncbarblog.com/still-atticus-an-old-hero-persists-despite-a-new-portrayal/) - Editor's note: This article was originally published in the November 2015 edition of North Carolina Lawyer. Since Harper Lee breathed Atticus Finch to life in 1960, no other fictional attorney has had such a hold on the American psyche. The figure of an altruistic Southern lawyer standing up for what’s right in the face of - [Tennis Lessons: WFU Prof’s Life A Study In Sportsmanship, Tenacity And The Law](https://www.ncbarblog.com/tennis-lessons-wfu-profs-life-a-study-in-sportsmanship-tenacity-and-the-law/) - Professor Muriel Beth Hopkins of Wake Forest University currently serves as chair of the Constitution and Rules Committee of the United States Tennis Association (USTA), a role she never could have envisioned growing up in Petersburg, Va. “In the town I grew up in there were no public tennis courts available for African-Americans,” said Hopkins. - [NCBA Member Seth Blum on Being an Actor and an Attorney](https://www.ncbarblog.com/members-in-focus-seth-a-blum/) - http://www.youtube.com/watch?v=wnsu5YZUDc0 Members in focus: Seth A. Blum Duke University School of Law Founding Partner of Kurtz & Blum, Raleigh For Seth Blum, the works of William Shakespeare offer not just philosophical inspiration but also a means of self-expression, an opportunity for family bonding and a chance to enhance some of the skills he uses in - [Clerk of Court John Connell Retires From Court of Appeals](https://www.ncbarblog.com/clerk-of-court-john-connell-retires-from-court-of-appeals/) - John Connell just knew he had blown the interview. He was suffering from a cold, on medication, and unusually anxious. “I felt I rushed it.” That was nearly 30 years ago when he interviewed for the position of assistant clerk of court at the N.C. Court of Appeals. Not only did he get the job, - [A Gift for Those Who Walk the Extra Mile: A FitBit Review](https://www.ncbarblog.com/a-gift-for-lawyers-who-walk-the-extra-mile-a-fitbit-review/) - “He likes this more than any present I have ever given him.” So says my wife of 28 years in regard to the Fitbit activity tracker that my staff gave me for Christmas last year. I didn’t know what to make of the Fitbit One when I opened the package because the only Fitbits I had ever - [The Chair’s Comments](https://www.ncbarblog.com/the-chairs-comments-3/) - Welcome to a new year of Administrative Law Section activities and events. My name is Jennifer Morgan, and I am an attorney at Williams Mullen law firm in Raleigh. My practice includes a focus on alcoholic beverage distribution and regulation, as well as a focus on utilities regulation. I am honored and excited to serve - [The Chair's Comments](https://www.ncbarblog.com/the-chairs-comments-4/) - Almost two months ago, I left my job as head of marketing and business development with a large North Carolina law firm to start my own company. Until recently, my interest within the law practice management and technology world had largely been technology, specifically marketing technologies. Over the course of these last months, my eyes - [No New Clients In January and Other Tips for Avoiding Fee Disputes](https://www.ncbarblog.com/no-new-clients-in-january-and-other-tips-for-avoiding-fee-disputes/) - Learning from the mistakes of others is far better than learning from your own follies. The work of the Mecklenburg County Bar’s Fee Dispute Resolution Committee allows its members to see patterns of conduct which end up in disputes between attorneys and clients. Hopefully, the members use this experience to develop procedures and practices which - [Putting on ‘Airs and Graces’: The Power of Punctuation To Elevate Your Writing](https://www.ncbarblog.com/putting-on-airs-and-graces-the-power-of-punctuation-to-elevate-your-writing/) - Each time I sit down to write a punctuation column, I find myself second-guessing the topic. Do readers really want to read about commas, or dashes, or apostrophes? Shouldn’t I be able to think of something more stimulating to write about? But I am always pleasantly surprised at the number of readers who contact - [NCBA adventurers conquer Norway’s knife-edge trails](https://www.ncbarblog.com/ncba-adventurers-conquer-norways-knife-edge-trails/) - In the gloaming, silhouetted on Norway’s famous Besseggen Ridge, with no trail signs or anyone else in sight, a lone hiker is not sure he is on the trail. He is sure that his knee is acting up, and that he is bone weary. And he has miles to go. Over the years several of us - [It's Up To Us To Bring the Law To the People](https://www.ncbarblog.com/its-up-to-us-to-bring-the-law-to-the-people/) - Editor's note: As we look forward to the Martin Luther King Jr. holiday and other opportunities to serve, an NCBA member reflects on why service matters. An undergraduate degree. Three years of law school. The bar exam. Debt, stress, hard work, and strains on our personal lives. We’ve sacrificed a lot and dedicated ourselves to - [Balance the key to success for NCBA member Jim Siemens](https://www.ncbarblog.com/22/) - Members in Focus highlights NCBA members’ special talents and hobbies. Jim Siemens is currently a Family Law Specialist with Siemens Law Group in Asheville. Jim Siemens University of North Carolina School of Law Buncombe County, 28th Judicial District Jim Siemens is dedicated to making a difference wherever he can, starting with the family law firm he - [Readers Like Suspense—Just Not in the Introduction To Your Brief](https://www.ncbarblog.com/readers-like-suspense-just-not-in-the-introduction-to-your-brief/) - I welcome evidence to the contrary, but I don’t think that most courts appreciate surprises in briefs. Courts have limited time; they want to use that time to make the right decisions. The sooner you can tell a court why you should win, the better. Put another way, the introduction to your brief matters - [Encryption Is Not a Four-Letter Word](https://www.ncbarblog.com/encryption-is-not-a-four-letter-word/) - What is encryption? Encryption is a process to store your data so that only you can access it. There is an encryption “key” (essentially a password) that you keep to encrypt and decrypt the data. When the data is encrypted, it is converted to ones and zeros so that it can be stored securely, and - [NC State Bar-LegalZoom Settlement Sets Stage For Legislative Action](https://www.ncbarblog.com/state-bar-legalzoom-settlement-sets-stage-for-legislative-action/) - Editor's note: This story appears in the February 2016 edition of North Carolina Lawyer. The North Carolina State Bar and LegalZoom.com Inc. took a giant step toward resolving their longstanding differences when the parties signed a consent judgment on Oct. 22, 2015. The highly publicized agreement gave the State Bar consumer protections that it was - [CLE Deadline Season: Legal Professionals, Start Your Engines](https://www.ncbarblog.com/cle-deadline-season-legal-professionals-start-your-engines/) - Here we are two weeks before the North Carolina State Bar Mandatory Continuing Legal Education (MCLE) grace period ends on Feb. 29, 2016. I have started to call it the “silly season.” NASCAR fans are familiar with that term. It's when drivers, crew chiefs and car manufacturers change at the end of the season in - [Backers See New Retention Election As A Step Toward Judicial Selection Reform](https://www.ncbarblog.com/backers-see-new-retention-election-as-a-step-toward-judicial-selection-reform-2/) - North Carolinians voting for a Supreme Court justice this November will see just one name on the ballot but they will still have a choice to make: Keep Associate Justice Robert H. Edmunds Jr., the sitting justice whose name will appear, or open the seat up for a replacement to be appointed by the governor. - [Ten Things You Young’uns Should Know Before Stepping Into a Civil Courtroom](https://www.ncbarblog.com/ten-things-you-younguns-should-know-before-stepping-into-a-civil-courtroom/) - As I rock on my porch muttering while watching you kids in my front yard, I remember my dewy days as a green lawyer trying my first few auto accident trials. Having been fortunate to start as an associate in the warm embrace of Bailey & Dixon in the ’90s, I was given my - [Members In Focus - Melissa Duncan](https://www.ncbarblog.com/members-in-focus-melissa-duncan/) - Members in Focus highlights NCBA members’ special talents and hobbies. Melissa Duncan is Director of Career & Student Development at Elon University School of Law. I was an extra in the movie “Leatherheads.” My dream job would be to be the host of the Today Show. I started ice skating when I was 18 months old. - [James Ferguson: The People's Champion](https://www.ncbarblog.com/james-ferguson-the-peoples-champion/) - Long-time North Carolina Bar Association member James Ferguson won the NCBA Litigation Section's Advocate's Award last year. Our slide show offers scenes from his 48-year career as a civil rights attorney and leader in the international trial advocacy movement, including work with Bishop Desmond Tutu and Nelson Mandela in South Africa. For the full story, - [Can I Use a Mac at My Law Office?](https://www.ncbarblog.com/can-i-use-a-mac-at-my-law-office/) - I work with lots of firms that are either starting up or looking to move to the cloud. One question comes up over and over – Can I use a Mac instead of a PC in my firm? The answer is usually YES! However, while the answer may be yes for some attorneys, it’s good - [How To Ace the One Appellate Filing That Must Be Perfect](https://www.ncbarblog.com/how-to-ace-the-one-appellate-filing-that-must-be-perfect/) - However, if there is one appellate filing that must be perfect, it is the Notice of Appeal. Our courts can be forgiving in a post-Dogwood era for many mistakes, but an insufficient, late, or improperly filed Notice of Appeal can deprive the appellate courts of jurisdiction–torpedoing an appeal before it even starts. Keeping up with - [The Chair's Comments: An Exciting Course For the Year](https://www.ncbarblog.com/the-chairs-comments-an-exciting-course-for-the-year/) - I am honored to serve as chair for the 2016-2017 term. Let me begin by thanking Trey Allen for his outstanding job as our chair during the 2015-2016 term. Under Trey’s leadership we had a budget carryover, which was put to good use by Law Related Education. Additionally, as reported in the spring issue - [Beware the Ethics Pitfalls of Social Media Research](https://www.ncbarblog.com/beware-the-ethics-pitfalls-of-social-media-research/) - Lawyers now find themselves well into the era of social media discovery. Time was, Internet evidence was a novelty, and courts eyed such issues with wonder and skepticism. Cf. St. Clair v. Johnny’s Oyster & Shrimp, Inc., 76 F. Supp. 2d 773, 774 (S.D. Tex. 1999) (“[A]ny evidence procured off the Internet is adequate for - [On the Ides Of March, a Soothsayer’s Tips On Making Law Partnerships Last](https://www.ncbarblog.com/on-the-ides-of-march-a-soothsayers-tips-on-making-law-partnerships-last/) - “All happy law firms are alike; each unhappy law firm is unhappy in its own way.” Tolstoy wrote that. Or maybe it was Tolstoy’s lawyer. I forget. Whoever wrote it, it’s wrong. Unhappy law firms – and by unhappy, I mean the law firms where the partnership is fracturing – are often unhappy in similar - [Encrypt It, Restrict It, Firewall It: The Panama Papers' Security Lessons for Lawyers](https://www.ncbarblog.com/encrypt-it-restrict-it-firewall-it-the-panama-papers-security-lessons-for-lawyers/) - The leak of the Panama Papers has done more than reveal the underbelly of the international tax-dodger trade. This massive security breach, the biggest document leak in history, also serves as a wake-up call for lawyers and law firms about our responsibility to keep client information confidential. The files, leaked to the International Consortium of - [By Popular Demand: A Little Help For The Legislative Drafter](https://www.ncbarblog.com/by-popular-demand-a-little-help-for-the-legislative-drafter/) - I recently received an email from a reader who asked if I knew of any good resources on drafting legislation. At the time, nothing specific came to mind, and I made a note to myself to do some investigating when time permitted. This week, time finally permitted. I always start these investigations by looking through - [Single Platform Seeks Smart Lawyer: The Case for the iPhone-Only Law Office, Part 1](https://www.ncbarblog.com/single-platform-seeks-smart-lawyer-the-case-for-the-iphone-only-law-office-part-1/) - When was the last time you checked your phone? Was it in the last hour? The last 15 minutes? The last 5? Are you reading this article on your phone right now? Chances are, if you’re a Boomer or a Millennial, you check your phone more than 20 times a day (even during meal times). - [Tip Sheet: Networking Advice For Law Students](https://www.ncbarblog.com/tip-sheet-networking-advice-for-law-students/) - For a quick look at everything you need to know about networking in a nutshell, from the NCBA's Law Student Resources Committee, check out the Networking Advice For Law Students tip sheet. - [The Practice Series – Question and Answer with a Family Lawyer](https://www.ncbarblog.com/the-practice-series-question-and-answer-with-a-family-lawyer/) - Jessica B. Heffner is a 2013 graduate of the Norman Adrian Wiggins School of Law at Campbell University. She practices with Wyrick Robbins Yates & Ponton LLP in Raleigh, NC. Q: What kind of law do you practice? A: My practice includes all aspects of North Carolina family law including absolute divorce, child custody, child - [Practice Series: Question and Answer with a Civil Litigator](https://www.ncbarblog.com/practice-series-question-and-answer-with-a-civil-litigator/) - Matthew D. Quinn is a 2009 graduate of the Norman Adrian Wiggins School of Law at Campbell University. He practices with the Law Offices of F. Bryan Brice Jr. in Raleigh. Q: What kind of law do you practice? A: I have a general civil litigation practice. I typically, but not always, represent the plaintiff. - [There’s No Place Like Home: Job Searching from an Out-of-State Law School](https://www.ncbarblog.com/theres-no-place-like-home-job-searching-from-an-out-of-state-law-school/) - When attending an out-of-state law school, the stress of job searching can make you wish you had the ability to click your heels three times to return home like Dorothy in "The Wizard of Oz." As a recent law school graduate and licensed North Carolina attorney, I can say that there are options and ways - [Ask Not What You Can Do for Pro Bono; Ask What Pro Bono Can Do for You](https://www.ncbarblog.com/ask-not-what-you-can-do-for-pro-bono-ask-what-pro-bono-can-do-for-you/) - By M. Rebecca Hendrix Everyone should do pro bono work during law school. While I could discuss at great length the merits of helping others, the focus of this article is how pro bono helps law students themselves. Pro bono opportunities strengthen students in the classroom and eventually in a career. Practical skills, networking experience, and - [Extra Credit: Five Things I Wish I'd Learned In Law School](https://www.ncbarblog.com/extra-credit-five-things-i-wish-id-learned-in-law-school/) - Law school is a strange creature. You spend three long years sacrificing your sleep, your credit rating, your relationships, and your sanity. In return, you get the opportunity to take the bar exam and start a career where you get to challenge yourself every day, help countless people, and maybe even make a little money - [Google Proposes the Creation Of a Woman Lawyer Emoji, But Why?](https://www.ncbarblog.com/google-proposes-the-creation-of-a-woman-lawyer-emoji-but-why/) - If you had to draw a picture of an attorney, what would it look like? How would your drawing of a male attorney compare to one of a female attorney? I love emoji. I admit it. And while they are fun, some academics are contemplating whether emoji may develop into a new language altogether and change our - ['Making A Murderer' Defense Attorneys Hope To Spark Change](https://www.ncbarblog.com/making-a-murderer-defense-attorneys-hope-to-spark-change/) - Having binge-watched Making a Murderer during January’s epic snow, my law-partner husband and I attended the DPAC presentation: “Dean Strang and Jerry Buting: A Conversation on Justice.” Dean is a UVA Law graduate, as is my husband. Jerry is a UNC Law graduate, as am I. My husband taught Jerry contracts and UCC. On that cold - [Road Warriors: All-Time Favorite Vietnamese Food In Matthews](https://www.ncbarblog.com/road-warriors-all-time-favorite-vietnamese-food-in-matthews/) - Ben Thanh Vietnamese Restaurant 1806 Windsor Square Drive Matthews, NC 28105 (704) 566-1088 http://www.benthanhcharlottenc.com/ Ben Thanh has been a perennial favorite Asian restaurant in the Charlotte area for many years. And no wonder. The very best of Charlotte’s Vietnamese presence is on display at my all-time favorite restaurant. It’s like a journey through time to - [Five Things I Wish I'd Learned In Law School](https://www.ncbarblog.com/five-things-i-wish-id-learned-in-law-school/) - This post originally appeared on the Law Student Division page, where you can find it and more advice for newly minted lawyers. Law school is a strange creature. You spend three long years sacrificing your sleep, your credit rating, your relationships, and your sanity. In return, you get the opportunity to take the bar exam and - [There's No Place Like Home: Job Searching From an Out-Of-State Law School](https://www.ncbarblog.com/theres-no-place-like-home-job-searching-from-an-out-of-state-law-school-2/) - When attending an out-of-state law school, the stress of job searching can make you wish you had the ability to click your heels three times to return home like Dorothy in “The Wizard of Oz.” As a recent law school graduate and licensed North Carolina attorney, I can say that there are options and ways - [Cultural Exchange Missions: The Importance of Participation](https://www.ncbarblog.com/cultural-exchange-missions-the-importance-of-participation/) - Richard Gabriel, a member of the NCBA’s International Law & Practice Section and frequent participant in the attorney exchange program, reflects on the 2010 excursion to Turkey in light of the recent terrorist attack at the Istanbul Atatürk Airport. The world seems different at night, in the absence of the brightness of the daytime. So - [Prepping For Mediation: Practice Tips for Young Litigators](https://www.ncbarblog.com/prepping-for-mediation-practice-tips-for-young-litigators/) - Editor's note: This article appeared originally in The Advocate, the newsletter of the NCBA's Young Lawyers Division. When The Advocate asked me to write an article about helpful tips for having an effective mediation, I took some time to reflect on how my personal preparation and tactics for mediation have changed over the last 20-some - [Waiting Game: How Long Does It Take the N.C. Court Of Appeals To Issue Opinions?](https://www.ncbarblog.com/the-waiting-game-how-long-does-it-take-the-court-of-appeals-of-north-carolina-to-issue-opinions/) - I am often called upon to answer questions related to pending appeals because I recently completed a clerkship at the Court of Appeals of North Carolina. When asked how long it will take the Court of Appeals to issue an opinion, I always say it is impossible to know with certainty, but the court has - [Planning To Pursue An Appeal From A Business Court Decision? It’s A Jungle Out There!](https://www.ncbarblog.com/planning-to-pursue-an-appeal-from-a-business-court-decision-its-a-jungle-out-there/) - Editor's note: This is an updated version of the article that first appeared in the June 2016 edition of “The Litigator,” the NCBA Litigation Section newsletter. The article was updated Aug. 3, 2016. When first established in 1995, the Business Court was touted as a way to make North Carolina’s “court system as responsive and predictable - [Young Lawyers Are Doing Good, But Not Always Doing Well](https://www.ncbarblog.com/young-lawyers-are-doing-good-but-not-always-doing-well/) - The Young Lawyers Division recently held its 62nd Annual Meeting in connection with the NCBA Annual Meeting in Charlotte. As the ceremonial gavel was passed across the room from our former YLD chairs, including past NCBA presidents, our current president, and our president-elect, I thought about how the YLD has truly been a training ground - [The Chair's Comments: Big Plans For the New Year](https://www.ncbarblog.com/chairs-comments/) - As I was preparing my first comments as chair, this tune kept coming to my mind. "To everything - turn, turn, turn - there is a season - turn, turn, turn." Maybe it's because the summer is ending and the kids are going back to school. Or maybe it's because it's blueberry season in the - [Attorneys, Paralegals Beware: Wire Instruction Fraud Plagues N.C. Lawyers](https://www.ncbarblog.com/attorneys-paralegals-beware-wire-instruction-fraud-plagues-n-c-lawyers/) - Over the last few weeks, Lawyers Mutual has received multiple reports of North Carolina attorneys who were targeted by scammers attempting to divert seller closing proceeds following real estate transactions. Unfortunately, several of these attacks were successful and hundreds of thousands of dollars were stolen and are very unlikely to be recovered. I’ve asked our - [What Is Collaborative Practice and What Does It Have To Do With the Practice Of Employment Law?](https://www.ncbarblog.com/what-is-collaborative-practice-and-what-does-it-have-to-do-with-the-practice-of-employment-law/) - Collaborative practice is a relatively new alternative dispute resolution process which has been adopted by family law practitioners throughout the United States and in many other countries. Collaborative law practice was developed in 1990 by a Minnesota family law attorney, Stuart Webb, who proposed this new dispute resolution practice to the Honorable A. M. Keith, - [Recent Court Opinions](https://www.ncbarblog.com/recent-court-opinions/) - The U.S. Court of Appeals for the 4th Circuit and the N.C. Court of Appeals issued the following labor and employment law opinions in the past several weeks: Adams v. State of NC, COA15-1275 (N.C. Ct. App. Aug. 2, 2016) Hubbard v. NC State Univ., COA16-38 (N.C. Ct. App. Aug. 2, 2016) Tully v. City of - [Update From the EEOC: New Charge-Handling Procedures](https://www.ncbarblog.com/update-from-the-eeoc-new-charge-handling-procedures/) - EEOC has implemented new procedures to be followed in all of our offices for the submission and release of position statements. The procedures apply to EEOC requests for position statements to employers made after Jan. 1, 2016. The purpose of the new procedures is to advance investigations by facilitating more pertinent information from both parties, - [Fourth Circuit’s RLM Communications, LLC v. Tuschen Tackles Noncompetition and Trade Secret Misappropriation Issues](https://www.ncbarblog.com/fourth-circuits-rlm-communications-llc-v-tuschen-tackles-noncompetition-and-trade-secret-misappropriation-issues/) - Noncompetition agreements (“non-competes”) present thorny issues. In most cases, you have a former employee who has signed a black-and-white contract prohibiting him or her from engaging in certain employment, and the employee goes and does the one thing that the contract specifically prohibits. Not that long ago, most judges would view the matter purely as - [Economic Liberty Challenges In the 21st Century](https://www.ncbarblog.com/economic-liberty-challenges-in-the-21st-century/) - and J.M. Durnovich Introduction Most of us left law school with the understanding that so-called “economic liberty” challenges to state regulations will generally fail under rational basis review. That area of the law, however, has changed dramatically. This article looks at the change in three parts: The first part offers a brief refresher on - [And Now For Something Completely Different … About CLE Titles](https://www.ncbarblog.com/and-now-for-something-completely-different-about-cle-titles/) - Have you ever wondered how our CLE programs get their names? "The Alimony Tour - Not Starring John Cleese" was the name of the 2015 Family Law Section Annual Meeting CLE in Asheville. Now, I'm a Monty Python fan, but a clever name like that can present some problems when you consider the life cycle - [Fourth Circuit Takes On 'Me Too' Evidence and 'Mini-Trials' In Recent Decision](https://www.ncbarblog.com/fourth-circuit-takes-on-me-too-evidence-and-mini-trials-in-recent-decision/) - Recently, in Calobrisi v. Booz Allen Hamilton, Inc, No. 15-1331 (4th Cir. Aug. 23, 2016), the U.S. 4th Circuit Court of Appeals specified certain types of evidence that district courts must, at a minimum, consider when ruling on summary judgment motions. It held that the trial court erred when it granted summary judgment, in part, to - [EEOC Issues Updated Retaliation Guidance](https://www.ncbarblog.com/eeoc-issues-updated-retaliation-guidance/) - Retaliation, which finds its way into nearly 45 percent of all charges filed nationwide, remains the most prevalent bias allegation to come across the desk at the EEOC. This has the EEOC’s attention. On Aug. 29, 2016, it issued its Enforcement Guidance on Retaliation and Related Issues, laying out its most recent interpretation of the - [Date Change For Section Annual Meeting/CLE](https://www.ncbarblog.com/date-change-for-section-annual-meetingcle/) - Due to a conflict with two CLE programs, the Constitutional Rights and Responsibilities Section is moving the date of its Annual Meeting and CLE from Jan. 13, 2017 to Feb. 9, 2017. The CLE will focus on HB2 and the legal challenge to that bill, including its impact on employment law related issues as well as - [Arbitrability Of Arbitration: Judge Takes Backseat to Arbitrator in 9th Circuit Uber Case](https://www.ncbarblog.com/arbitrability-of-arbitration-judge-takes-backseat-to-arbitrator-in-9th-circuit-uber-case/) - Last week the U.S. Court of Appeals for the 9th Circuit held that whether or not a contract should be arbitrated was a question to be decided by an arbitrator, not a judge. In Mohamed v. Uber Technologies, 15-16178 (9th Cir. Sept. 7, 2016), the circuit court used scathing language in reversing the district court, which had - [Tully v. City of Wilmington: The Constitution Requires Public Employers To Play By Their Own Rules](https://www.ncbarblog.com/tully-v-city-of-wilmington-the-constitution-requires-public-employers-to-play-by-their-own-rules/) - The North Carolina Court of Appeals recently ruled that a police officer has a valid property and liberty interest in requiring his employer, the City of Wilmington, to comply with its own established promotional process. When Corporal Kevin Tully of the Wilmington Police Department sat for the sergeant’s test in fall of 2011, he felt pretty - [NCBA Out & About: A Hike Along England's South Downs Way](https://www.ncbarblog.com/ncba-out-about-a-hike-along-englands-south-downs-way/) - There are few better opportunities for relaxation and rejuvenation than a long walk. English national trails take it to a new level. In the bracing air along the Seven Sisters, the prominent chalk cliffs overseeing the English Channel, I encounter a fellow hiker who recommends a 13th-century inn in Alfriston as a perfect first night's stay. Later, in the gloaming along the Cuckmere River, - [Economic Liberty Challenges In the 21st Century](https://www.ncbarblog.com/economic-liberty-challenges-in-the-21st-century-2/) - and J.M. Durnovich Introduction Most of us left law school with the understanding that so-called “economic liberty” challenges to state regulations will generally fail under rational basis review. That area of the law, however, has changed dramatically. This article looks at the change in three parts: The first part offers a brief refresher on the - [Take a Deep Breath: Five Tips For Dealing With Highly Emotional Clients](https://www.ncbarblog.com/take-a-deep-breath-five-tips-for-dealing-with-highly-emotional-clients/) - Effectively dealing with highly emotional clients can be one of the most difficult aspects of practicing family law. Emotional clients may find it difficult to make rational decisions about their case, causing them to become entrenched in untenable positions. Emotional clients may also be challenging to communicate with effectively, sometimes hearing what they want to - [Fourth Circuit Approves Legislative Prayer](https://www.ncbarblog.com/fourth-circuit-approves-legislative-prayer/) - Editor's note: On Oct. 31, 2016, the 4th Circuit Court of Appeals agreed to re-hear the case en banc. Oral arguments are tentatively scheduled for Jan. 24-26, 2017. On March 4, 1789, the First United States Congress met in Federal Hall in New York City. The air was (probably) thick with dust from the street and - [Knowing When a Bonus Must Be Included In Overtime Pay](https://www.ncbarblog.com/knowing-when-a-bonus-must-be-included-in-overtime-pay/) - Everyone likes a bonus, right? Employees enjoy receiving them, for obvious reasons, and employers use them as a means of rewarding employee achievements and increasing morale. But while paying employees a bonus can seem like a relatively straightforward benefit, depending on how the employer structures the bonus, the bonus can have long-reaching affects by increasing - [The Birds and the Bees and the TLC: What I Wish I’d Known When I Was a YLD Member](https://www.ncbarblog.com/the-birds-and-the-bees-and-the-tlc-what-i-wish-id-known-when-i-was-a-yld-member/) - Bees are fascinating little critters. Their lifespan is only six weeks. In the spring, they gather pollen to store in their hives. As spring blooms into the summer, bees begin gathering nectar to make honey. As the weather becomes cooler in the fall, they gather sap to caulk the cracks in their hives to prepare - [EEOC v. Catastrophe Management Solutions: Title VII Does Not Prohibit Race Discrimination Based On Mutable Characteristics](https://www.ncbarblog.com/eeoc-v-catastrophe-management-solutions-title-vii-does-not-prohibit-race-discrimination-based-on-mutable-characteristics/) - Joseph S. Murray IV In the 50 years since Congress enacted Title VII, scientists, contemporary thinkers, and society in general have reassessed the concept of race. No longer do we view race solely in terms of biology (immutable characteristics). We now understand that race includes social context, culture, and life experiences (mutable characteristics). While society’s - [Want To See the Future Of Law Practice? Attend a Tech Conference](https://www.ncbarblog.com/want-to-see-the-future-of-law-practice-attend-a-tech-conference/) - I recently returned from the Clio Conference in Chicago. Clio is cloud-based practice management software for law firms. But, don’t stop reading this post just because your firm does not use Clio or the cloud. This post is pertinent to you as long as you continue to practice law in 2016. The Clio Conference offers more - [The Chair's Comments: New Year, Exciting New Changes Ahead](https://www.ncbarblog.com/the-chairs-comments-new-year-exciting-new-changes-ahead/) - Welcome everyone to your new Paralegal Division blog! I am Annette Phelps, your new division chair, and I look forward to serving our division over the next year. At the Paralegal Division Council’s annual retreat in July, the council decided to join other NCBA divisions and sections and move to a blog format. While we will - [EEOC Publishes Guidance On Accommodations For Mental Health Conditions And Finalizes New EEO-1 Reporting Form](https://www.ncbarblog.com/eeoc-publishes-guidance-on-accommodations-for-mental-health-conditions-and-finalizes-new-eeo-1-reporting-form/) - The EEOC published two items last week of interest to employment counsel: First, in the September volume of its Digest of Equal Employment Opportunity Law, the EEOC provided some rare insight into the way it views discrimination on the basis of mental health conditions under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. - [The Chair's Comments: Welcome to a New Year and a New Blog](https://www.ncbarblog.com/the-chairs-comments-welcome-to-a-new-year-new-blog/) - Please allow me to introduce myself as chair of the IP Section, along with our new blog format. We will use this blog to share articles and keep you posted on networking events and other programs that we are planning for the year. If I can get you to do one thing, please mark April - [Remark Puts Maternity Leave Case Through Summary Judgment On Direct Evidence Theory](https://www.ncbarblog.com/remark-puts-maternity-leave-case-through-summary-judgment-on-direct-evidence-theory/) - In EEOC v. Dimensions Healthcare Sys., No. 15-2342 (D. Md. Sept. 2, 2016), the District of Maryland denied the defendant’s motion for summary judgment on the plaintiff’s Title VII and Pregnancy Discrimination Act claims. The court’s decision largely turned on a decision maker’s comment, which the court found could be direct evidence of discrimination. In - [How To Overcome 'Special Purpose' Property Classification in Ad Valorem Valuation: In re Appeal of Corning Inc.](https://www.ncbarblog.com/how-to-overcome-special-purpose-property-classification-in-ad-valorem-valuation-in-re-appeal-of-corning-inc/) - and Reed J. Hollander North Carolina Property Tax Commission Case No. 13 PTC 822 (March 20, 2015) North Carolina Court of Appeals 786 S.E.2d 816 (N.C.App. 2016) County tax assessors sometimes contend a commercial or industrial property is a “special purpose” property and, on that basis, determine there is no market evidence that bears on the - [New Law Requires Section 501(c)(4) Organizations To Register With the IRS](https://www.ncbarblog.com/new-law-requires-section-501c4-organizations-to-register-with-the-irs/) - Late last year, Congress enacted Section 506, which requires any organization seeking to operate as a tax-exempt social welfare organization pursuant to Section 501(c)(4) to register with the IRS within 60 days of formation. Failure to do so exposes the organization to a penalty of $20 per day, up to a maximum of $5,000. Late - [The Chair’s Comments: Make the Year Even Better By Getting Involved](https://www.ncbarblog.com/the-chairs-comments-make-the-year-even-better-by-getting-involved/) - Fellow Tax Section Members: As I write this, the inaugural post for our section’s blog, much of eastern North Carolina is beginning the long process of recovering from the heavy rains brought by Hurricane Matthew. Early maps depicting alternate possible paths for the storm reflected the uncertainty that is characteristic of hurricanes—lines of various colors - [Disaster Unemployment Assistance Available For 23 Counties In North Carolina](https://www.ncbarblog.com/disaster-unemployment-assistance-available-for-23-counties-in-north-carolina/) - In the aftermath of Hurricane Matthew, 23 North Carolina counties have been approved to receive federal Disaster Unemployment Assistance. Gov. Pat McCrory has directed the state Department of Employment Security not to enforce the one-week waiting period that normally applies to unemployment claims. The eligible counties are as follows: Beaufort, Bertie, Bladen, Columbus, Cumberland, Dare, - [Eighth Circuit: Heavy-Set Truck Drivers Can Be Forced To Undergo Sleep Exam](https://www.ncbarblog.com/eighth-circuit-heavy-set-truck-drivers-can-be-forced-to-undergo-sleep-exam/) - A recent Eighth Circuit opinion found that a trucking company could force heavy-set truck drivers to submit to a sleep apnea exam as a “business necessity,” avoiding liability under the Americans with Disabilities Act (ADA), possibly paving the way for future class-wide medical examination requirements that comply with the ADA. In Parker v. Crete Carrier - [The Chair's Comments: Sports & Entertainment Law's Game Plan For the Year](https://www.ncbarblog.com/the-chairs-comments-sports-entertainment-laws-game-plan-for-the-year/) - With over 150 member attorneys in industries spanning the sports and entertainment worlds including those that serve as in house and outside counsel for all of North Carolina’s major league sports teams and properties as well as many of its minor league, amateur, collegiate and youth sports entities and attorneys representing artists, entertainers and media - [Start Your Engines: Welcome To the NCBA Sports & Entertainment Law Section Blog](https://www.ncbarblog.com/start-your-engines-welcome-to-the-ncba-sports-entertainment-law-section-blog/) - and Neil Magnuson The Sports & Entertainment Law Section of the NC Bar Association is pleased to announce that, in lieu of continuing to issue a quarterly newsletter, it has launched and will deliver news, articles, and other scholarship via this blog. If you are a member who has been receiving the newsletter, you are - [Who Needs Halloween? Sexual Harassment and Election Season](https://www.ncbarblog.com/who-needs-halloween-sexual-harassment-and-election-season/) - I come to you this beautiful October day with three scary topics you should likely avoid at any dinner party. However, as an employment lawyer and breast cancer survivor, I’m going to tackle all of them: Politics, sexual harassment and cancer. I’ll start with the last topic first. October is breast cancer awareness month. As a - [Quicksands and Cutting Edges Of the Law: Do Municipal Utility Customers Possess Due Process and Vested Rights To Continued Sewerage Service?](https://www.ncbarblog.com/quicksands-and-cutting-edges-of-the-law-do-municipal-utility-customers-possess-due-process-and-vested-rights-to-continued-sewerage-service/) - Note from Jon Mize, NCBA Government & Public Sector Section blog editor: Below please find an article from John C. Cooke examining the implications of a recent North Carolina Court of Appeals case on due process and the vested interest rights applicable to public enterprise customers. The article is shared from the North Carolina Land Use Litigator - [Top 10 Things You Don’t Know About Adobe Acrobat](https://www.ncbarblog.com/top-10-things-you-dont-know-about-adobe-acrobat/) - Even though anyone can create a PDF file now with Microsoft Office, Adobe Acrobat remains one of the most popular programs in the office today. While many attorneys and staff “think” they know about all the uses, think again. There are a number of time-saving tools that most people are not aware. Before we dive - [Paralegals Beware: Wire Instruction Fraud Plagues N.C. Lawyers](https://www.ncbarblog.com/paralegals-beware-wire-instruction-fraud-plagues-n-c-lawyers/) - In recent weeks, Lawyers Mutual has received multiple reports of North Carolina attorneys who were targeted by scammers attempting to divert seller closing proceeds following real estate transactions. Unfortunately, several of these attacks were successful and hundreds of thousands of dollars were stolen and are very unlikely to be recovered. Often, paralegals are on the - [Nominate Deserving Attorneys For the Criminal Justice Section's Gilchrist and Smith Awards](https://www.ncbarblog.com/nominate-deserving-attorneys-for-the-criminal-justice-sections-gilchrist-and-smith-awards/) - NCBA Criminal Justice Section Members: The NCBA Criminal Justice Section is continuing the tradition of presentations of the Peter S. Gilchrist III and Wade M. Smith Awards for the ninth year. The 2016-2017 Peter S. Gilchrist, III/Wade M. Smith Awards will be presented Jan. 26, 2017, at the annual Awards Banquet at the Embassy Suites - [Top 10 Things You Don't Know About Adobe Acrobat](https://www.ncbarblog.com/top-10-things-you-dont-know-about-adobe-acrobat-2/) - Even though anyone can create a PDF file now with Microsoft Office, Adobe Acrobat remains one of the most popular programs in the office today. While many attorneys and staff “think” they know about all the uses, think again. There are a number of time-saving tools that most people are not aware of. Before we - [Sharif v. United Airlines, Inc.: Discharging Employee For FMLA Fraud and Dishonesty Is Not FMLA Retaliation](https://www.ncbarblog.com/sharif-v-united-airlines-inc-discharging-employee-for-fmla-fraud-and-dishonesty-is-not-fmla-retaliation/) - A Halloween treat for employers and a trick for FMLA-abusing, dishonest employees: The 4th Circuit held that terminating an employee for abusing FMLA leave and for lying during an investigation into the FMLA abuse is not retaliation under the FMLA. Sharif v. United Airlines, Inc., No. 15-1747 (4th Cir. Oct. 31, 2016). While the ruling - [Upcoming Opportunity For CPE and Notary Update](https://www.ncbarblog.com/upcoming-opportunity-for-cpe-and-notary-update/) - We are happy to share some exciting news about the upcoming “Practical Skills for the Small Office and General Practice Paralegal” seminar scheduled for Thursday, Nov. 10, 2016. Ozie Stallworth, Notary Enforcement and eNotarization Director with the North Carolina Department of Secretary of State will be presenting a notary session titled, “What’s New in the - [Millennial Lawyers Are Different, Except When They Are Just Like Everyone Else](https://www.ncbarblog.com/millennial-lawyers-are-different-except-when-they-are-just-like-everyone-else/) - Most demographic experts define the "millennial" generation as those born in or after 1981. The Young Lawyers Division of the NCBA comprises law students, lawyers 36 years old or younger, and lawyers of any age in their first three years of practice. This means that the Young Lawyers Division is now almost entirely composed of - [After Years Of Wrongful Imprisonment, Darryl Howard Was Sustained By Love, Redeemed By Justice](https://www.ncbarblog.com/after-years-of-wrongful-imprisonment-darryl-howard-was-sustained-by-love-redeemed-by-justice/) - Darryl and Nannie Howard banter gently, laughing and smiling a bit like newlyweds, a bit like the long-married couple they are. Their ease and happiness with each other seem to belie the 24 years of physical separation they have endured. Until late this summer, Howard was imprisoned, serving time for crimes he insisted he was - [Heard-Leak: Valuable Lessons for Defense Counsel](https://www.ncbarblog.com/heard-leak-valuable-lessons-for-defense-counsel/) - "I kept asking how I could improve, but my supervisor would never tell me what I was doing wrong, and when I was fired, it came out of the blue.” It’s a complaint that we repeatedly hear as clients come into our offices, sure that they are victims of wrongful termination. They often point to - [File Early: How Provisional Patent Applications Increase Protection](https://www.ncbarblog.com/file-early-how-provisional-patent-applications-increase-protection/) - Many applicants make the mistake of waiting until they have an ideal embodiment reduced to a high degree of precision before drafting a patent application. While skillful application drafting is important to the value of the patent, it is a mistake to presume that one should wait to file until the invention is crafted to - [How Well Does Your Company Keep Secrets?](https://www.ncbarblog.com/how-well-does-your-company-keep-secrets/) - Most of us have seen the headlines over the past couple years about massive data breaches affecting millions of people. We have all likely received at least one letter notifying us that our confidential information may have been implicated in one of these breaches. The reason for this is that most states have breach notification - [N.C. Court Of Appeals On Brink Of Slippery Non-Compete Slope](https://www.ncbarblog.com/n-c-court-of-appeals-on-brink-of-slippery-non-compete-slope/) - In Beverage Sys., LLC v. Associated Beverage Repair, LLC, 368 N.C. 693, 784 S.E.2d 457 (2016), the North Carolina Supreme Court clarified that North Carolina adheres to the “strict blue pencil rule;” that is, a trial court may strike distinct unreasonable restrictions in a noncompetition agreement but may not re-write provisions in order to make - [Judge Halts DOL Overtime Regulations – Now What?](https://www.ncbarblog.com/judge-halts-dol-overtime-regulations-now-what/) - I imagine that, if you are reading this blog, you have heard the big news: after 5 p.m. on the Tuesday before Thanksgiving, a federal judge in Texas issued an order granting a nationwide preliminary injunction that will prevent the DOL overtime regulations from going into effect today, Dec. 1, as everyone had planned. According - [A Practice Management Expert's Top Gift Ideas for Techies](https://www.ncbarblog.com/a-practice-management-experts-top-gift-ideas-for-techies/) - Tech gurus know that nothing pleases a fellow techie like a new gadget for the holidays. Here are my top five picks for the techies you love. Although, you just may keep a few for yourself. For the Cord Cutter: Mohu Releaf 30, $29.99 This is a wonderful gift for anyone who has, or is thinking - [EEOC Wants In On NLRB’s Fun: EEOC Focuses On Waivers, Releases and Arbitration Agreements](https://www.ncbarblog.com/eeoc-wants-in-on-nlrbs-fun-eeoc-focuses-on-waivers-releases-and-arbitration-agreements/) - For the past couple of years, the nonunion employment bar has watched as the National Labor Relations Board upended the law surrounding handbooks, waivers, arbitration agreements and a host of other aspects of the employment relationships. The Equal Employment Opportunity Commission, apparently not content to allow the NLRB to have all of the fun, has - [Internship Experience: Learning From the Ground Up](https://www.ncbarblog.com/internship-experience-learning-from-the-ground-up/) - Living in the state of North Carolina — home of the breathtaking Blue Ridge Mountains, a coastline over 300 miles long and approximately 50,000 farms in operation — it is important, for both North Carolina’s economic stability and for the future health of North Carolina’s natural landscape, to utilize the land, water and natural resources, - [MacCord’s List: IP Notices & News From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent links below. Service Provider Designation of Agent to Receive Notifications of - [Lawyer-Turned-Teacher: Mock Trial Competition Teaches Students To Think On Their Feet](https://www.ncbarblog.com/lawyer-turned-teacher-mock-trial-competition-teaches-students-to-think-on-their-feet/) - I have been involved with the North Carolina Bar Association’s Justice Iredell Middle School Mock Trial tournament for six years. The mock trial program is the most meaningful and influential activity that my students participate in. It helps students to become confident in themselves and their abilities. Students who participate in mock trial not only - [MacCord’s List: IP Notices & News From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord-2/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent links here. U.S. Joint Strategic Plan On Intellectual Property Enforcement Announced - [Give Back Because It Is the Right Thing To Do](https://www.ncbarblog.com/give-back-because-it-is-the-right-thing-to-do/) - It’s hard, sometimes, to give back to the community. Doubts creep into your mind (and your wallet). “Did he really get those items?” “Is she appreciative?” “Where is the money going?” I walked that tightrope a time or two when I donated clothes, penned a check or provided in-kind support. Yet, I continue to walk - [N.C. Society of Health Care Attorneys President's Report](https://www.ncbarblog.com/n-c-society-of-health-care-attorneys-presidents-report/) - Happy holidays to my fellow members of the NC Society of Health Care Attorneys, and welcome to the new electronic-only Prognosis format. Congratulations to the Editors and the NCBA Health Law Section Newsletter Committee for successfully bringing the new format to fruition. It is certain to improve access to more timely content and thus continue - [Health Law Section Chair’s Report](https://www.ncbarblog.com/health-law-section-chairs-report/) - Happy holidays! This time of year gives us time to look back over the past months and forward to what’s ahead. With this in mind, like my counterpart at the N.C. Society of Health Care Attorneys, President Jessica Lewis, I have the unique opportunity to welcome you to the new electronic-only Prognosis format. The hard - [Raise the Age For the N.C. Juvenile Justice System](https://www.ncbarblog.com/raise-the-age-for-the-n-c-juvenile-justice-system/) - and Marcus Thompson The N.C. Commission on the Administration of Law and Justice’s Committee on Criminal Investigation and Adjudication is recommending that North Carolina raise the age of juvenile jurisdiction to include all youth under the age of 18 for all crimes. Juveniles aged 16 and 17 charged with the most serious felonies may be - [Raise the Age For the N.C. Juvenile Justice System](https://www.ncbarblog.com/raise-the-age-for-the-north-carolina-juvenile-justice-system/) - and Marcus Thompson The N.C. Commission on the Administration of Law and Justice’s Committee on Criminal Investigation and Adjudication is recommending that North Carolina raise the age of juvenile jurisdiction to include all youth under the age of 18 for all crimes. Juveniles aged 16 and 17 charged with the most serious felonies may be - [Why You Have That Employment Agreement Gobbledygook](https://www.ncbarblog.com/why-you-have-that-employment-agreement-gobbledygook/) - Plaintiff Advanced Video Technologies has been around the block a few times already. AVT claimed to be the successor to a patent for a video codec. It had successfully asserted the patent against other defendants but ran into some problems when trying to sue HTC Corp., Blackberry and Motorola Mobility. Its first attempt failed because there was - [Welcome to the NCBA Juvenile Justice and Children’s Rights Section Blog](https://www.ncbarblog.com/welcome-to-the-ncba-juvenile-justice-and-childrens-rights-section-blog/) - Welcome to the first installment of the Juvenile Justice and Children’s Rights Section blog! If you don’t already know, our section is in its 19th year. We’re a very diverse group, in subject matter (we include experts in child welfare, education, juvenile justice, and mental health), in practitioners (including trial and appellate attorneys, paralegals, judges, - [Medicare and Medicaid Programs; Reform of Requirements For Long-Term Care Facilities](https://www.ncbarblog.com/medicare-and-medicaid-programs-reform-of-requirements-for-long-term-care-facilities/) - , Susan Fradenburg and Katye Jobe On October 4, 2016, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule reforming participation requirements for Skilled Nursing Facilities (“SNFs”). The rule will be implemented in three phases. Phase 1 requirements should have been implemented by November 28, 2016, Phase 2 requirements must be implemented - [A Fond Farewell To Allan Head](https://www.ncbarblog.com/a-fond-farewell-to-allan-head/) - As 2016 came to a close, there were many things and people for which we could be thankful. Our former Executive Director Allan B. Head is one of those people. One thing that was probably on most of the NCBA members’ minds as the year ended was the retirement of Mr. Head. He has been - [Help For The Legislative Drafter: Part 2](https://www.ncbarblog.com/help-for-the-legislative-drafter-part-2/) - This column originally appeared in the November 2016 edition of North Carolina Lawyer. In the most recent installment of Writing that Works, I introduced a fairly new resource for legal writers whose work includes drafting statutes and rules. The book, Plain English for Drafting Statutes and Rules,[1] is a slim volume, but it covers a - ['Raise the Age' Receives Historic Law Enforcement Support](https://www.ncbarblog.com/raise-the-age-receives-historic-law-enforcement-support/) - Yesterday, lawmakers returned to Raleigh for the 2017 long session. Among the many important issues the legislature is expected to consider this year, “raise the age” will likely once again be included. Since 1919, N.C. law has required that minors be prosecuted as adults for all crimes beginning at age 16. There has been a - [Are Vague Social Media Policies a Problem For Public Employers? Indeed, They Are.](https://www.ncbarblog.com/are-vague-social-media-policies-a-problem-for-public-employers-indeed-they-are/) - Many lawyers who represent private sector employers are familiar with the (some might say “harsh”) position on social media policies taken by the National Labor Relations Board during the Obama Administration. The NLRB’s position is that overly vague social media policies have a “chilling effect” on employees seeking to exercise their rights to engage in - [MacCord's List: IP Notices & News From Art MacCord For Jan. 17, 2017](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord-for-jan-17-2017/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent links here. Extension Of the Extended Missing Parts Pilot Program https://www.uspto.gov/web/offices/com/sol/og/2017/week03/TOC.htm#ref11 - [Federal Income Tax Update](https://www.ncbarblog.com/federal-income-tax-update/) - This is the first of two installments of this article. The second installment will appear soon on the Tax Section’s blog. I. Audit Statistics; What Are Your Chances of Being Audited? In early 2016, the IRS published its 2015 Internal Revenue Service Data Book (IR-2016-52), which contains audit statistics for the fiscal year ending September - [Air Jordan's Absence In the '90s](https://www.ncbarblog.com/air-jordans-absence-in-the-90s/) - As attorneys, we are all well aware of how diverse the practice of law is and how each area of the law intersects with other areas. However, not many non-attorneys are aware of the intersection between intellectual property law and sports and entertainment law. Like many other children of the nineties, I grew up idolizing - [Foster Care Extended to Age 21](https://www.ncbarblog.com/foster-care-extended-to-age-21/) - The new year brings Foster Care 18-21 to North Carolina. This is a new program that offers extended foster care to children who have aged out from foster care. Foster Care 18-21 was created by S.L. 2015-241, Section 12C.9 and became effective on Jan. 1. The North Carolina Division of Social Services provides additional information - [New Year, New Blog](https://www.ncbarblog.com/new-year-new-blog/) - Happy New Year! As 2017 gets into full swing, change is all around us — a new president has taken office in Washington, a new governor has taken office in Raleigh, and with both come new elected officials, new appointments, new agendas, and new policy directions. In the midst of these changes, there is certainty - [Wellness: When Feeling Good Feels Even Better Than Losing Weight](https://www.ncbarblog.com/wellness-when-feeling-good-feels-even-better-than-losing-weight/) - Wellness was not a familiar term when I did something about mine in 1978. That was the year I lost 140 pounds and changed my life forever. Whether that qualifies me to write on the subject of wellness remains to be seen. There’s certainly more to wellness than losing weight. On the other hand, wellness - [MacCord’s List: IP Notices & News From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord-for-jan-24-2017/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent link below. Trademark Fee Changes https://www.uspto.gov/trademark/fees-payment-information/trademark-fee-changes - [Make a Lasting Impression](https://www.ncbarblog.com/make-a-lasting-impression/) - The flashing blue light. That’s what I remember about Mrs. Lake’s third grade class. Show-and-tell was the best part of my week; especially when that sheriff’s deputy gave a bunch of us a sightseeing tour of his patrol car. It made a lasting impression. Conducting a job shadowing event at your office will provide a - [Recent North Carolina and Fourth Circuit Opinions](https://www.ncbarblog.com/recent-north-carolina-and-fourth-circuit-opinions/) - The following is a quick look at some recent opinions from our neck of the woods: First, in McAdams v. N.C. Dep’t. of Com., No. COA16-196 (N.C. App. December 6, 2016) (https://appellate.nccourts.org/opinions/?c=2&pdf=34582), the Court of Appeals of North Carolina upheld the trial court’s 12(b)(6) dismissal of the plaintiff’s wrongful discharge and whistle blower claims. In Brown & - [Chief Justice’s Commission Issues Report With Blueprint For Improving Indigent Defense](https://www.ncbarblog.com/chief-justices-commission-issues-report-with-blueprint-for-improving-indigent-defense/) - On Dec. 2, 2016, the North Carolina Commission on the Administration of Law and Justice, which was the result of work by Chief Justice Martin, met for the final time. The commission worked through five committees, including the Criminal Investigation and Adjudication Committee. The Criminal Investigation and Adjudication Committee worked on several subjects, including the - [Tick-tock: February Means Attorneys Have 28 Days To Meet CLE Deadline](https://www.ncbarblog.com/tick-tock-february-means-attorneys-and-paralegals-have-28-days-to-meet-cle-deadline/) - Ready or not, February is upon us. As of Feb. 1, attorneys have 28 days to get their North Carolina State Bar Mandatory Continuing Legal Education (MCLE) in for 2016. As attorneys know, they must complete 12 hours of CLE credit each year. Two of these hours must be ethics/professional responsibility credit and at least once - [Pretrial Justice and Criminal Case Management Reform](https://www.ncbarblog.com/pretrial-justice-and-criminal-case-management-reform/) - One of the greatest honors in my professional career was serving on the N.C. Commission on the Administration of Law and Justice. As a member of the commission, I was assigned to the Committee on Criminal Investigation and Adjudication. Two of the topics we focused on were pretrial justice and criminal case management. Although various - [Life After Obamacare?](https://www.ncbarblog.com/life-after-obamacare/) - and Natalma “Tami” McKnew In the wake of the 2016 presidential election, the healthcare industry is coping with the uncertainty of a new administration, especially in light of the President’s repeated pledges to repeal and replace the Patient Protection and Affordable Care Act (“PPACA” or “Obamacare”). A repeal could affect every corner of healthcare in - [Your Client Lost His Case To the IRS: Are His Accountant and Attorney Fees Deductible?](https://www.ncbarblog.com/your-client-lost-his-case-to-the-irs-are-his-accountant-and-attorney-fees-deductible/) - Section 212(3) of the Code provides in pertinent part: “In case of an individual, there shall be allowed as a deduction all the ordinary and necessary expenses paid or incurred during the taxable year in connection with the determination, collection, or refund of any tax.” The reach of the above provision is very broad. The - [5 FLSA Practice Pointers From Marlon Hall v. DIRECTV, LLC](https://www.ncbarblog.com/5-flsa-practice-pointers-from-marlon-hall-v-directv-llc/) - Can a company disguise its control over a workforce through a myriad of affiliate companies? Apparently not. DIRECTV recently learned the hard way that its “web of agreements” revealed a joint employer relationship with its affiliates. These entities directly hired the field technicians responsible for installing and servicing DIRECTV’s satellites. The 4th Circuit panel, which - [Fourth Circuit Announces New Standard Assessing Joint and Several Liability for Joint Employers](https://www.ncbarblog.com/fourth-circuit-announces-new-standard-assessing-joint-and-several-liability-for-joint-employers/) - On January 25, 2017, the 4th Circuit U.S. Court of Appeals issued two game-changing companion decisions impacting the test for determining joint and several liability under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§201, et seq., for joint employers. Salinas, et al. v. Commercial Interiors, Inc., et al., No. 15-1915 In Salinas, the plaintiffs - [Five Tips for Making the Most Of ABA Techshow 2017](https://www.ncbarblog.com/five-tips-for-making-the-most-of-aba-techshow-2017/) - How many times a day do you think about going paperless? What about email security or digital backups? Do you spend time wondering about document automation or online legal research? Have you been thinking about upgrading your virtual law practice management tools or client communication software? If you’ve thought about any of those questions, or - [MacCord’s List: IP Notices & News From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord-4/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent links below. Copyright Office Technical Amendments To Regulations: Final Rule https://www.gpo.gov/fdsys/pkg/FR-2017-02-06/pdf/2016-29625.pdf - [The Chair's Comments](https://www.ncbarblog.com/the-chairs-comments-2/) - HB2 will be the subject of the Constitutional Rights & Responsibilities Section's upcoming annual CLE on Thursday, Feb. 9 at the Bar Center in Cary. During the section's most recent council meeting, Eric Doggett, co-chair of our CLE committee, gave a brief summary and circulated a copy of the CLE program, which will focus on Session - [Trump’s Executive Order on Immigration: What You Need to Know](https://www.ncbarblog.com/trumps-executive-order-on-immigration-what-you-need-to-know/) - In the week after his inauguration, President Donald Trump signed three executive orders that will significantly affect non-U.S. citizens both immediately and in the coming months. Most recently, he signed an executive order titled Protecting the Nation from Foreign Terrorist Entry into the United States. This order contains two important provisions that affect non-U.S. citizen - [The Chair’s Column: Construction Law Section, This Blog’s For You](https://www.ncbarblog.com/the-chairs-column-construction-law-section-this-blogs-for-you/) - Happy 2017! While it is the new year for everyone else, this time of year marks the half-way point of our bar year, which provides a great opportunity to see what we have accomplished so far, what is new and what is upcoming. Let’s start with what’s new. I am excited to introduce you to - [The New OSHA Anti-Retaliation Provisions](https://www.ncbarblog.com/the-new-osha-anti-retaliation-provisions/) - On Dec. 1, 2016, the Occupational Safety and Health Administration (OSHA) began enforcement of the anti-retaliation provisions of its controversial final rule on Recording and Reporting Occupational Injuries and Illnesses.1 OSHA has offered extensive guidance on its interpretation and enforcement of the new anti-retaliation provisions.2 This guidance, along with the rule itself, addresses important issues relating to - [Beware Pitfalls In North Carolina's Patent 'Troll' Law](https://www.ncbarblog.com/beware-pitfalls-in-north-carolinas-patent-troll-law/) - Suppose you are a small company in California asserting a patent against a North Carolina-based company. You gathered finances, hired a lawyer, and filed a complaint. Now you are ready to start litigating your patent infringement case, but you receive a summons for violating NC 75 Article 8. This may seem utterly fantastical, but under - [Nominate a Fellow Attorney For the IP Section's Pro Bono Award](https://www.ncbarblog.com/nominate-a-fellow-attorney-for-the-ip-sections-pro-bono-award/) - Intellectual Property Law Section members: The Intellectual Property Law Section of the North Carolina Bar Association is seeking nominations for its 2016 Outstanding Achievement Pro Bono Award. This award is intended to foster and recognize the outstanding pro bono efforts undertaken by IP Section members during the year of 2016. Please take a few moments - [MacCord’s List: IP Notices & News From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord-3/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent links below. Request for Comments Regarding the Continuation of the Accelerated Patent - [Risk Management and Concussions](https://www.ncbarblog.com/risk-management-and-concussions/) - Perhaps the most difficult challenge, legal or otherwise, faced by the NCAA and its member institutions today is how to manage the risks associated with concussions in sports. Particularly within the last decade, these organizations have focused on risk management—“the process of evaluating the chance of loss or harm and then taking steps to - [New Bills With Health Law Impact](https://www.ncbarblog.com/new-bills-with-health-law-impact/) - On behalf of the Legislative Committee of the Health Law Section Council, we are providing the following information to alert Health Law Section members regarding several recently filed bills at the North Carolina General Assembly that may affect your clients or your practice. Find the text and status of the bills at the links provided: - [A Claim By Any Other Name Would Still Be Pre-empted By ERISA](https://www.ncbarblog.com/a-claim-by-any-other-name-would-still-be-pre-empted-by-erisa/) - You and I make a deal: You pay me monthly installments and when an event occurs, I will pay you a set amount of money (we’ll call this deal “life insurance”). After several years, I notify you that you have failed to return a required document, allowing me to void the life insurance. The event - [Make That 20 Of 26 N.C. Governors Who Were Lawyers, Too](https://www.ncbarblog.com/make-that-20-of-26-n-c-governors-who-were-lawyers-too/) - The February 2017 edition of North Carolina Lawyer magazine acknowledged the inauguration of Roy Cooper, a lawyer and member of the North Carolina Bar Association, as North Carolina’s 75th governor. The article also denoted an impressive statistic regarding the frequency with which lawyers have held this state’s highest office since the establishment of the NCBA. Since - [Legislative Update](https://www.ncbarblog.com/legislative-update/) - and Faith Herndon We are your legislative co-chairs for this long session. Over the past few weeks, we have seen a number of bills that will potentially impact your practice or your clients. Many of these bills are not likely to pass, but it is too soon to say which will die a lonely, miserable - [Articles Of Interest](https://www.ncbarblog.com/articles-of-interest/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the section: St. Louis Cardinals Hacking Scandal: A Real-World Example Of the Importance Of Password Management http://www.privacyanddatasecurityinsight.com/2017/02/st-louis-cardinals-hacking-scandal-a-real-world-example-of-the-importance-of-password-management/#page=1 Retesting and Re-writing History: The 10-year Fight For Clean Olympic Games http://www.sports.legal/2017/02/retesting-and-re-writing-history-the-10-year-fight-for-clean-olympic-games/ NLRB General Counsel Asserts That College - [Student-Athletes As Employees: Northwestern, Columbia and Unionization](https://www.ncbarblog.com/student-athletes-as-employees-northwestern-columbia-and-unionization/) - Sports & Entertainment Law SectionI. Introduction As an increasingly contested topic since the rise of the Bowl Championship Series in the early-2000s and the NCAA’s 2010 multi-billion dollar March Madness broadcasting deal, as well as the recent advent of the College Football Playoff, the NCAA’s amateurism model has come under intense scrutiny—and with it the - [Getting Out Of My Comfort Zone](https://www.ncbarblog.com/getting-out-of-my-comfort-zone/) - My first attempt at leaping into the unknown was when I switched careers from meeting deadlines for one editor to meeting deadlines for an attorney, a clerk and a client. My organizational and writing skills were the pillars that held me steady during my time at the public defender's office. I learned about criminal law - [Happy Blogging](https://www.ncbarblog.com/happy-blogging/) - Have you been wanting to write an article on a health law topic but are unsure how and where to publish it? Well, good news! The NCBA Health Law Section and N.C. Society of Health Care Attorneys are seeking articles for our new blog, Prognosis. The blog takes the place of the Prognosis newsletter, but - [Try Snapchat, and Three Other Resolutions For the Rest of 2017](https://www.ncbarblog.com/try-snapchat-and-three-other-resolutions-for-the-rest-of-2017/) - Here we are a mere 60 days into 2017 and my many well-intentioned New Year’s resolutions are dead and buried with a fresh covering of rationalization and self-loathing. I am wicked and weak. Exercise, salad and watching less television are overrated, anyway, right? Still, it’s a little depressing to chalk 2017 up to a total - [Fifth Circuit: Employers Liable for Emotional Distress Damages in FLSA Retaliation Claims](https://www.ncbarblog.com/fifth-circuit-employers-liable-for-emotional-distress-damages-in-flsa-retaliation-claims/) - Beyond requiring that employers comply with statutory minimum and overtime wage provisions for nonexempt employees, the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., renders it unlawful for employers to retaliate against employees for asserting their rights under the law. Employers are prohibited from “discharg[ing] or in any other manner discriminat[ing] against - [Legislative Update](https://www.ncbarblog.com/legislative-update-2/) - and Laura Wetsch This is your weekly update of bills introduced or moving through the legislature. Last week’s blog post listed a variety of bills and their current status. This update will only describe new legislation or updates on significant bills already introduced. If a bill is moving between committees and/or going nowhere we will - [MacCord’s List: IP Notices & News From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord-5/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please find his most recent link below. U.S. Copyright Office launched its updated website: www.copyright.gov - [Next Up For NCBA Membership Events: A March Madness-St. Patrick's Day Mash-Up](https://www.ncbarblog.com/next-up-for-ncba-membership-events-a-march-madness-st-patricks-day-mash-up/) - On a chilly night in Durham last November, nearly 200 NCBA members and guests saw a side of President Kearns Davis that, until previously, only a handful of family members and the Duke football faithful might have known – that of Coach Kearns Davis. The UNC vs. Duke football game last fall marked the first - [SCOTUS Sends Transgender School Case Back To 4th Circuit](https://www.ncbarblog.com/scotus-sends-transgender-school-case-back-to-4th-circuit/) - On March 6, 2017, the Supreme Court remanded a case about a transgender boy’s right to use the bathroom associated with his gender identity. Gavin Grimm, a transgender boy, wanted to use the boys’ restroom at his high school. After Gavin had been using the boys’ restroom for seven weeks with the school’s permission, the - [Teen Sexting Prosecutions Expose Harsh Gap In N.C. Law](https://www.ncbarblog.com/teen-sexting-prosecutions-expose-harsh-gap-in-n-c-law/) - Editor's note: This article appears in the February 2017 edition of North Carolina Lawyer and the December edition of the NCBA's Juvenile Justice & Children's Rights Section newsletter. Most parents today are warning their teenagers about the dangers of sharing sexually explicit images of themselves with others by cell phone or computer, also known as - [Raise the Age NC Is Becoming a Reality with Introduction of New Bill](https://www.ncbarblog.com/raise-the-age-nc-is-becoming-a-reality-with-introduction-of-new-bill/) - Since 2007, seven states have changed their laws to include youth 16 and 17 years of age in the juvenile justice system, cutting the number of youth in the criminal justice system in half nationwide and without any detrimental effects on the wallets of taxpayers. North Carolina and New York still remain the only two - [Articles of Interest](https://www.ncbarblog.com/articles-of-interest-2/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the section: Flo and Eddie NY Suit on Pre-1972 Sound Recordings Ordered Dismissed By Court of Appeals – No Issues with Copies Made in the Transmission Process http://www.broadcastlawblog.com/2017/02/articles/flo-and-eddie-ny-suit-on-pre-1972-sound-recordings-ordered-dismissed-by-court-of-appeals-no-issues-with-copies-made-in-the-transmission-process/#page=1 The Copyrightability of Yoga Poses, Dance Moves - [Annual Meeting Hotel Information for NCBA Intellectual Property Law Section](https://www.ncbarblog.com/annual-meeting-hotel-information-for-ncba-intellectual-property-law-section/) - Please note that the Hilton Riverside in Wilmington is currently full. We have obtained rooms near by at the Courtyard Marriott. Please make your hotel reservations by clicking here. If you haven't signed up for the Annual Meeting/CLE you can do so by clicking here. This is a great program with a variety of top-notch - [Change Is Coming Fast (!)](https://www.ncbarblog.com/change-is-coming-fast/) - "The only constant in life is change." So wrote Heraclitus about 2,500 years ago on a papyrus roll using a stylus dipped in ink. Time has proven him correct. Although change was a very real part of life during the era of Heraclitus, change in our lifetime is accelerating at an unprecedented pace. Gordon Moore, - [Why Report? The Importance Of Sharing Your Pro Bono Engagement](https://www.ncbarblog.com/why-report-the-importance-of-sharing-your-pro-bono-engagement/) - NCBA members, please look for space on the form where you can report work with 4ALL, Wills For Heroes, NC LEAP and all the other great pro bono projects you're involved in. - [EEOC Charlotte District Office Pilots Online Inquiry System](https://www.ncbarblog.com/eeoc-charlotte-district-office-pilots-online-inquiry-system/) - From the U.S. Equal Employment Opportunity Commission: The Charlotte District Office of the U.S. Equal Employment Opportunity Commission (EEOC) is one of five offices that will pilot the EEOC Online Inquiry and Appointment System, the district office announced this week. The system launched on March 13, 2017, and will allow people who live or work - [Key Changes to NC Rules of Appellate Procedure](https://www.ncbarblog.com/key-changes-to-nc-rules-of-appellate-procedure/) - On Jan. 1, 2017, a comprehensive revision of the North Carolina Rules of Appellate Procedure took effect. The revised Rules apply to all cases appealed on or after Jan. 1. The revised Rules include some brand new provisions, and they also incorporate several changes that had been in effect for some time pursuant to stand-alone - [The Chair’s Comments: Kiawah is Calling](https://www.ncbarblog.com/the-chairs-comments-kiawah-is-calling/) - Tax Section Fellow Tax Section Members: It is hard to believe only three months remain in my term as chair of the Tax Section. It has been a rewarding experience, and I look forward to continuing to serve our section over the remainder of the 2016-2017 bar year. The past few months have been busy - [Recent Court Decisions](https://www.ncbarblog.com/recent-court-decisions/) - Labor & Employment Law Section The U.S. Court of Appeals for the 4th Circuit and the N.C. Court of Appeals issued the following employment law opinions in the past several weeks: Rittelmeyer v. Univ. of N. Carolina at Chapel Hill , No. 15-1228 (N.C Ct. App. Mar. 21, 2017): The Court of Appeals discusses at - [Academic Freedom In Interesting Times](https://www.ncbarblog.com/academic-freedom-in-interesting-times/) - Education Law Section A 50th anniversary came and went this past fall without fanfare or commemoration. But for several weeks in October and November of 1966, Andrew Marvell's poem, "To His Coy Mistress," written circa 1650's, was a "national sensation."[1] On Oct. 17, 1966, the television station WRAL reported that a UNC English instructor had - [Child Support Income Calculations and the Value Of ‘Maintenance’](https://www.ncbarblog.com/child-support-income-calculations-and-the-value-of-maintenance/) - What exactly is income? Most people think about a Friday paycheck, or profit from a business once the expenses are paid. The North Carolina Child Support Guidelines cast a much wider net. Gross income is defined by a long and non-exclusive list of financial benefits. Specifically included in the definition of gross income is “maintenance - [Recommended Reading: On the State Tax Code, Clarity Combined With New Gray Area](https://www.ncbarblog.com/recommended-reading-on-the-state-tax-code-clarity-combined-with-new-gray-area/) - This year, North Carolina made many changes to the Tax Code which have raised many questions coming from the construction industry. Certain construction projects, if not considered capital improvements under the Tax Code’s definitions, require that the contractors collect taxes on projects. Even if no taxes are to be collected on the projects, contractors need - [A Brief Primer On Subdivision Development Bonds](https://www.ncbarblog.com/a-brief-primer-on-subdivision-development-bonds/) - Payment and performance bonds get all our attention. But there is another type of construction bond you might encounter, especially if the housing market in North Carolina stays hot[1]—the so-called “subdivision development bond.”[2] Both cities and counties can provide for “more orderly development of subdivisions by requiring the construction of community service facilities” like roads, - [Articles of Interest: March Madness, Fantasy Teams and More](https://www.ncbarblog.com/articles-of-interest-march-madness-fantasy-teams-and-more/) - Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the section: Andrews v. Sony ATV Music Publishing http://www.loeb.com/publications-ipentertainmentcaselawupdates-20170223-andrewsvsony The Patriots Win At the Trademark Game, Too http://www.tmtindustryinsider.com/2017/03/the-patriots-win-at-the-trademark-game-too/#page=1 Basketball, Brackets and Branding: Protecting March Madness http://www.loeb.com/publications-clientalerts-20170310-basketballbracketsandbranding Major League Baseball's Salary Arbitration http://www.mitchellwilliamslaw.com/major-league-baseballs-salary-arbitration Broadcasts and - [Court Of Appeals Helps Clarify Line Between Ordinary Negligence and Medical Malpractice Claims](https://www.ncbarblog.com/court-of-appeals-helps-clarify-line-between-ordinary-negligence-and-medical-malpractice-claims/) - Prognosis Blog and Matthew A. Fisher Since the 2001 amendments to Rule 9(j), N.C.R.Civ.P. and other related statutes, the line between whether a medical provider’s actions constitute medical malpractice or ordinary negligence has become much more important. A relatively recent N.C. Court of Appeals decision demonstrates the impact of coming down - [A UBE For NC: You Say Bring It On](https://www.ncbarblog.com/a-ube-for-nc-you-say-bring-it-on/) - A few months ago, we asked NCBA members to respond to a short survey on the growing possibility of North Carolina’s adoption of a Uniform Bar Exam. More than 300 readers chimed in. Below is a snapshot of the results along with a few of the many reader comments. To read all the comments poll - [The Interplay Between First Amendment and Education Law: A CLE](https://www.ncbarblog.com/the-interplay-between-first-amendment-and-education-law-a-cle/) - Education Law Section Interested in how the First Amendment impacts schools and universities? Register for the upcoming NCBA Education Law Section CLE and Annual Meeting. First Amendment issues are near the top of the list of legal issues that education attorneys address on a daily basis. As our school and university clients navigate legal questions - [Have You Heard the One About the Lawyer Who …](https://www.ncbarblog.com/have-you-heard-the-one-about-the-lawyer-who/) - Took an online survey? It didn't even take too long. It explored a range of important topics in hopes of creating a picture of the challenges and goals of attorneys practicing law today. No joke. Please take a few minutes to complete the online State of the Profession Survey from the N.C. Chief Justice’s Commission - [Case Summaries of Recent N.C. Court of Appeals Decisions](https://www.ncbarblog.com/case-summaries/) - Rule 11 Sanctions Caroline K. Grubbs v. Robert W. Grubbs Jr., Unpublished, No. COA16-129 (March 7, 2017) Plaintiff and her trial counsel appealed from the trial court’s imposition of Rule 11 sanctions against them, denial of a Motion to Continue, and denial of a Motion for Reassignment of Judge. The Court of Appeals reversed in - [The Chair’s Column: We have a blog? When did that happen?](https://www.ncbarblog.com/the-chairs-column-we-have-a-blog-when-did-that-happen/) - Family Law Section I am excited to announce the retirement of our newsletter. Why is that exciting news? Because with the retirement of the newsletter comes the birth of our blog! Publication of a newsletter required months of work soliciting and collecting articles and case law reviews. Because it could take months to put a - [Franchisor Exemption Again On the Table](https://www.ncbarblog.com/franchisor-exemption-again-on-the-table/) - Labor & Employment Law Section In July 2016, and again on Dec. 14, 2016 (during the fourth special session ostensibly called to deal with HB2), N.C. House representatives introduced bills to statutorily exempt franchisors from responsibility and liability regarding North Carolina’s wage and hour, OSH, Workers Comp, and unemployment insurance requirements. The proffered language created a - [HB2 'Repeal': How Does It Change Employment Law?](https://www.ncbarblog.com/hb2-repeal-how-does-it-change-employment-law/) - Labor & Employment Section On March 23, 2016, the General Assembly enacted, and Gov. McCrory signed, HB2, which became Session Law 2016-3. On July 18, 2016, Gov. McCrory “approved” HB169 (the legislative “fix”), which became Session Law 2016-99. On the one-year anniversary of HB2, the NCAA set a deadline of March 30, 2016, for North - [Attention Paralegal Division Members: Scholarship Time Is Here!](https://www.ncbarblog.com/attention-paralegal-division-members-scholarship-time-is-here/) - The NCBA Paralegal Division provides scholarship awards to two members each year. One is a membership scholarship, and one is a student scholarship. The Paralegal Division Membership Scholarship package is valued at approximately $800 and provides an award of the following: Paralegal Division membership (2017-2018); Section membership (2017-2018); Registration for the 2018 Paralegal Division Annual Meeting - [No Lawyer Jokes Here – Attorney Survey Is Serious Stuff](https://www.ncbarblog.com/no-lawyer-jokes-here-attorney-survey-is-serious-stuff/) - The pursuit of happiness – professional and personal – is always in the back of our minds. For a few minutes, we'd like to put it front and center. If you've not yet completed the online State of the Profession Survey from the N.C. Chief Justice's Commission on Professionalism, please take some time to do - [House Bill 2 Repealed But Challenges Remain for LGBTQ Community](https://www.ncbarblog.com/house-bill-2-repealed-but-challenges-remain-for-lgbtq-community/) - The repeal of House Bill 2 ends a year of high drama in The Old North State, but many challenges remain for the LGBTQ community. Gone is the clause prohibiting anyone from using a restroom other than that which corresponds to their birth certificate. But also missing is any protection affirmatively granting transgender, genderqueer, and - [Seventh Circuit Finds That Sex Discrimination Includes Sexual Orientation](https://www.ncbarblog.com/seventh-circuit-finds-that-sex-discrimination-includes-sexual-orientation/) - Labor & Employment Law Section Practitioners in our field have grown accustomed to seeing others’ dismay as they discover that Title VII does not bar sexual orientation discrimination. “That can’t be true—it’s 2017!” For decades, the prevailing belief, and reality, was that employers could discriminate against employees on the basis of their sexual orientations with - [Articles of Interest](https://www.ncbarblog.com/articles-of-interest-3/) - Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section: Supreme Court Finds Cheerleading Uniform Designs Copyrightable – http://www.proskauer.com/publications/client-alert/supreme-court-finds-cheerleading-uniform-designs-copyrightable/ New Calif. Law Will Change Youth Sports Concussion Cases – http://www.buchalter.com/publication/new-calif-law-will-change-youth-sports-concussion-cases/ Court of Appeals Rules that Over-the-Top Video Service is Not a Cable - [Please Describe Your Level Of Satisfaction](https://www.ncbarblog.com/please-describe-your-level-of-satisfaction/) - How much fun do you have? How much time do you spend doing what you want to do? How is your life measuring up against your expectations? We'd like to know how you're doing, so please take a few minutes to complete the online State of the Profession Survey from the N.C. Chief Justice’s Commission on - [Chair’s Comments: 2017-18 Officers Elected, Walter E. Dellinger III Honored, CLE on HB2 Held](https://www.ncbarblog.com/chairs-comments-2017-18-officers-elected-walter-e-dellinger-iii-honored-cle-on-hb2-held/) - The council held a brief meeting at 7:30 a.m. on Feb. 9, 2017. John Branch, chair of the Law School Committee, reported on a potential law school forum program which may be considered during the fall of 2017. Colin Shive, editor for our blog, The Constitutionalist, related that there would be forthcoming blog articles. Patricia - [Chair's Comments: Council Hears Street Law Presentation, Addresses Budget Surplus](https://www.ncbarblog.com/chairs-comments-council-hears-street-law-presentation-addresses-budget-surplus/) - Our last meeting of the year was held on April 7, 2017, and began with a great presentation about NCCU’s Street Law Program by Professor Page Potter. Professor Potter first provided a historical overview of street law, and she then detailed NCCU’s Street Law Program, which is a course taught by law students on legal - [Incentive Support For Retail Projects: Yes Or No?](https://www.ncbarblog.com/incentive-support-for-retail-projects-yes-or-no/) - Since the early 1990s, when the use of incentives to stimulate economic growth began to be used more frequently in North Carolina, there has been a question as to whether state or local government incentive programs can and should be used to attract retail projects. With one exception, at the state level, incentive programs by - [Juvenile Representation: Yesterday, Today and Tomorrow: JJCR Section Annual Meeting 2017](https://www.ncbarblog.com/juvenile-representation-yesterday-today-and-tomorrow-jjcr-section-annual-meeting-2017/) - and Sabrina Leshore Have you had questions regarding juvenile law that were left unanswered? Have you wondered what the juvenile court judges deem most effective when appearing in their courtrooms? Are you interested in hearing from youth who are directly impacted by the daily decisions made by practitioners and judges on their behalf? Well, the - [4th Circuit Jumps To Conclusion That Sham Affidavit Rule Applies To Unsworn Statements](https://www.ncbarblog.com/4th-circuit-jumps-to-conclusion-that-sham-affidavit-rule-applies-to-unsworn-statements/) - Does a pre-litigation, unsworn statement constitute “testimony” sufficient to invoke the sham affidavit rule when a party subsequently testifies in an inconsistent manner? Instead of addressing this important question, both the majority and dissent in Wilson v. Gaston County, No. 15-2522 (4th Cir. April 13, 2017) (unpublished), assume that prior written statements of the plaintiff - [Managing Time: Don’t Let Life Get In the Way](https://www.ncbarblog.com/managing-time-dont-let-life-get-in-the-way/) - Last Saturday afternoon, my friend from college called me. Well into our gabfest, she mentioned that she was apprehensive about starting graduate school. Let me pause for a moment. The last time we were in school, Bon Jovi was the coolest band around and "LA Law" was the No. 1 TV show. My response was positive. - [N.C. Legislative Update, 4-28-2017](https://www.ncbarblog.com/n-c-legislative-update-4-28-2017/) - and Faith Herndon Labor & Employment Law Section “Crossover” day is over, and so far roughly 39 employment-related bills are still in play at the General Assembly, as listed in this spreadsheet, updated April 27, 2017. We will continue to update throughout the remaining 3-plus months of this long session, but you can also check - [Pro Bono Works: Disaster Legal Services Restored Victims' 'Faith In Humanity'](https://www.ncbarblog.com/pro-bono-works-disaster-legal-services-restored-victims-faith-in-humanity/) - Early last October, Hurricane Matthew swept across eastern North Carolina, leaving death and destruction in its path. In this state alone 26 people lost their lives in storm-related deaths. Damage estimates topped $1.6 billion. Forty-five North Carolina counties qualified for federal assistance, including Robeson County, where the Lumber River crested at 24 feet, eclipsing the - [Weight, Weight, I'll Tell You: How I Lost 140 Pounds and Kept It Off](https://www.ncbarblog.com/weight-weight-ill-tell-you-how-i-lost-140-pounds/) - My recent contribution to Long Leaf Law about losing weight and keeping it off left one reader hungry for more: “I just thought it could be very valuable to dig into the specifics of how you lost weight and kept it off over the long term. I presume that you have come to enjoy and - [Of Interest: MiLB Wage Suit, Royalties On the Radio, the Material Girl Brand and More](https://www.ncbarblog.com/of-interest-milb-wage-suit-royalties-on-the-radio-the-material-girl-brand-and-more/) - Sports & Entertainment Law Blog Members of the Sports & Entertainment Law Section found the following, recent third-party articles to be of potential interest to the section: Lesson: Don’t Underestimate Court’s Ability to Change Its Mind - Minor Leaguers’ Wage Suit Gets Certified and Comes Back From the Dead http://www.btcurrentsemployment.com/lesson-dont-underestimate-courts-ability-to-change-its-mind/ New Congressional Attempts To Impose - [Technology Tips To Help You Organize Discovery and Exhibits Efficiently](https://www.ncbarblog.com/technology-tips-to-help-you-organize-discovery-and-exhibits-efficiently/) - It came to my attention recently that some of my fellow paralegals are still using the original Bates stamper. I was told that some firms do not want to invest in the software which makes this whole Bates thing easier. If you have Adobe Professional at work, there's already a built-in solution. If you are - [Discharging Individual Income Taxes In Bankruptcy: Five Easy Pieces](https://www.ncbarblog.com/discharging-individual-income-taxes-in-bankruptcy-five-easy-pieces/) - A well-timed bankruptcy can be a powerful arrow in the quiver of a taxpayer with burdensome tax debt. Many lawyers and tax professionals are not aware a taxpayer’s personal liability for individual income tax debt can be discharged in bankruptcy, if the answer to each of the following five questions is YES: Have more than - [5 Reasons You Should Invest in Technology Training for Your Office](https://www.ncbarblog.com/5-reasons-you-should-invest-in-technology-training-for-your-office/) - What’s your average billable rate? $250? $450? What if you could generate an additional two hours every week? What about five hours? Hours reclaimed with the assistance of software add up. We’re talking about a student loan payment, a vacation for your family, or even the ability to hire another staff member. That money - those - [Domestic Support Obligations In Bankruptcy](https://www.ncbarblog.com/domestic-support-obligations-in-bankruptcy/) - Experienced family lawyers are adept at helping their clients secure alimony, child support, property settlements and other financial relief. But what happens to these claims when the party obliged to make payments files bankruptcy? This article takes a look at how domestic support obligations are treated in a bankruptcy case. The article also highlights some - [Defend Your Firm Against WannaCry and Other Cyber Attacks](https://www.ncbarblog.com/defend-your-firm-against-wannacry-and-other-cyber-attacks/) - A malicious program called WannaCry has affected more than 200,000 people, businesses and institutions in 150 countries in recent days. Through a bit of luck, an antivirus professional found a kill switch for the primary program. But other variants are still working. Global attacks may have slowed, but they haven’t stopped. Your law firm needs - [Custody Of Embryos In Event Of Divorce](https://www.ncbarblog.com/custody-of-embryos-in-event-of-divorce/) - For many couples, the only way to build their family is through assisted reproductive technologies (ART) including in vitro fertilization (IVF). With IVF, eggs are retrieved from a woman’s body and fertilized with sperm in the laboratory, creating embryos that are grown for several days outside the body. At that point, many embryos are cryopreserved - [Case Summaries](https://www.ncbarblog.com/case-summaries-2/) - Equitable Distribution; Appeal After Remand; Value Of Marital Residence; Law Of the Case Lund v. Lund (Lund II), No. COA16-813 (March 21, 2017) (related Court of Appeals case: Lund v. Lund, __ N.C. App. __, 779 S.E.2d 175 (2015) (Lund I) Plaintiff-wife appeals from the trial court’s revised equitable distribution order entered after the Court - [Legislative Update For May 10, 2017](https://www.ncbarblog.com/legislative-update-for-may-10-2017/) - NCBA Health Law Section / N.C. Society of Health Law Attorneys On behalf of the North Carolina Bar Association Health Law Section’s Legislative Committee, we are providing the following 2017 post-crossover legislative update. The North Carolina General Assembly has been considering a substantial number of bills of potential relevance to health law practitioners this session. - [N.C. Legislative Update, 5-11-2017](https://www.ncbarblog.com/n-c-legislative-update-5-11-2017/) - and Faith Herndon Labor & Employment Law Section Things have calmed down significantly since the crossover deadline on April 27, and there haven’t been a lot of status changes to the bills that survived. The Regulatory Reform Act (declaring franchisors NOT employers) is now law (S.L. 2017-10), but that’s the only significant change to the bills - [Fourth Circuit Updates](https://www.ncbarblog.com/fourth-circuit-updates/) - Labor & Employment Law In the Eastern District of North Carolina, U.S. District Judge Terrance W. Boyle recently granted conditional class certification to call center employees in their FLSA dispute against BB&T. In that case, Sheffield v. BB&T et al. (case number 7:16-cv-00332) plaintiff and the conditionally certified class allege that BB&T failed to pay - [Ode To Working Moms, From a Guy Who Gets It](https://www.ncbarblog.com/ode-to-working-moms-from-a-man-who-gets-it/) - The original version of this column appeared in the newsletter of the Communications Section of the National Association of Bar Executives (NABE) as a tribute to the young professional women serving on the section’s executive council. The sentiments contained therein, however, also apply to the thousands of working mothers who count themselves among the membership - [Case Summary: Raleigh Wake Citizens Ass’n v. Wake Cty. Bd. of Elections](https://www.ncbarblog.com/case-summary-raleigh-wake-citizens-assn-v-wake-cty-bd-of-elections/) - Elon University School of Law Dec. ’17 Edited by Nate Cook, Elon University School of Law ’17 and Mike Casterlow, Elon University School of Law Dec. ’17 Raleigh Wake Citizens Ass’n v. Wake Cty. Bd. of Elections, 827 F.3d 333 (4th Cir. 2016) Introduction and Background Information This case involves the constitutionality of two session - [Case Summary: NC State Conference of NAACP v. McCrory](https://www.ncbarblog.com/case-summary-nc-state-conference-of-naacp-v-mccrory/) - Elon University School of Law May ’17[1] Edited by Anthony Rascati, Elon University School of Law Dec. ’17 and Mike Casterlow, Elon University School of Law Dec. ’17 North Carolina State Conference of NAACP v. McCrory, 831 F.3d 204 (4th Cir. 2016). On July 29, 2016, the 4th Circuit struck down North Carolina’s Voter ID - [Federal Income Tax Update: Part 2](https://www.ncbarblog.com/federal-income-tax-update-part-2/) - I. Hobby Losses: Horse Breeder Had For-Profit Activity. The 7th Circuit Court of Appeals reversed the Tax Court and held Mr. Roberts engaged in his horse training activity “for profit.” Roberts v. Commissioner, 117 AFTR 2d 2016-629. The IRS disallowed certain horse breeding activity losses for 2005 through 2008. In reviewing all of the relevant - [City’s Renege On Economic Development Loan Insightful On Employment Issues](https://www.ncbarblog.com/citys-renege-on-economic-development-loan-insightful-on-employment-issues/) - What does a case involving a city council’s refusal to go forward with an economic development loan have to do with employment law? Plenty! In Woods v. City of Greensboro, ___ F.3d ___, 2017 WL 174898 (4th Cir. May 5, 2017), a 4th Circuit panel relied heavily on employment law and again indicated that weighing - [Congress Overrides Seifert Rule for Military Pension Division](https://www.ncbarblog.com/congress-overrides-seifert-rule-for-military-pension-division/) - The New Pension Division Rule Without notice to North Carolina or consultation with its Congressional delegation, Congress enacted, on Dec. 23, 2016, the National Defense Authorization Act for Fiscal Year 2017 (NDAA 17) and overrode North Carolina’s Seifert[1] formula and N.C.G.S. § 50-20.1(a)(3) and (d) for dividing pensions, as applied to military retired pay. With North Carolina’s - [One Car Crash, Two Miracles and the Many Wonders of BarCARES](https://www.ncbarblog.com/one-car-crash-two-miracles-and-the-many-wonders-of-barcares/) - I’m presently in my fifth year on the board of directors for BarCARES, a wonderful non-profit that provides a wide array of confidential counseling services to lawyers and their families. My BarCARES story began on July 15, 2009. I was driving home from a nurse expert deposition in Greensboro when I met Gerline. I met - [Congratulations To Phebe Kirby, 2017 Paralegal Division Member Scholarship Winner](https://www.ncbarblog.com/congratulations-to-phebe-kirby-2017-paralegal-division-member-scholarship-winner/) - The Paralegal Member Scholarship Essay topic this year was “What are the benefits of being involved in paralegal associations?” The winning submission is courtesy of Paralegal Division Member Phebe Kirby. The Paralegal Division Member Scholarship provides an award of a Paralegal Division membership, a section membership, registration for the 2018 Paralegal Division Annual Meeting and - [Congratulations To Kayla Cobler, 2017 Paralegal Student Member Scholarship Winner](https://www.ncbarblog.com/congratulations-to-kayla-cobler-2017-paralegal-student-member-scholarship-winner/) - The Paralegal Student Scholarship Essay topic this year was “Why Being a Paralegal Is Important To Me.” The winning submission is courtesy of Kayla Cobler, a student in the paralegal program at Davidson County Community College. The student scholarship provides an award of $500 for tuition to a North Carolina resident enrolled in a North - [MacCord’s List: IP Notices & News From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord-6/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. Copyright Office Proposes Rule to - [Fourth Circuit Provides Guidance On Return to Work Pursuant to FMLA](https://www.ncbarblog.com/fourth-circuit-provides-guidance-on-return-to-work-pursuant-to-fmla/) - On May 16, 2017, the 4th Circuit issued an opinion in Waag v. Sotera Def. Solutions, Inc., 2017 U.S. App. LEXIS 8587, providing further guidance regarding an employer’s responsibilities to return an employee to work following FMLA leave. Mr. Waag brought the action against his former employer, Sotera Defense Solutions, Inc., a federal defense contractor, alleging - [What 'My Cousin Vinny' Got Wrong: Public Defenders Fulfill Gideon's Promise Day In, Day Out](https://www.ncbarblog.com/public-defenders-fulfill-gideons-promise-day-in-day-out/) - Fred Lind, Chief Public Defender for Guilford County, recently shared a letter from a juror: Last week I had the privilege of serving on a jury for a case defended by Mr. A. Brennan Aberle. I was so impressed by his performance on this case I felt I had to put something on the record. At the - [Of Interest: $19.5M TCPA Suit Deal, Eminem Song Fight, Music Tips For Businesses](https://www.ncbarblog.com/of-interest-19-5m-tcpa-suit-deal-eminem-song-fight-music-tips-for-businesses/) - Sports & Entertainment Law Section Members of the Sports & Entertainment Law Section found the following, recent third-party articles to be of potential interest to the section: Touchdown For Buccaneers With $19.5M TCPA Settlement https://www.manatt.com/Insights/Newsletters/Advertising-Law/Massachusetts-AG-Fences-off-Geofencing-Ad-Campaign Eminem v. National Party: Copyright Case Over Song ‘Lose Yourself’ http://www.ajpark.com/ip-central/news-articles/2017/05/eminem-v-national-party-copyright-case-over-song-%E2%80%98lose-yourself%E2%80%99/ 25 Key Points About Using Music In Your Business - [Section 1557 Of the ACA, Association Discrimination, and Health Insurance Coverage For an Employee’s Dependent With Gender Dysphoria](https://www.ncbarblog.com/section-1557-of-the-aca-association-discrimination-and-health-insurance-coverage-for-an-employees-dependent-with-gender-dysphoria/) - The regulations implementing Section 1557 of the Affordable Care Act (“ACA”) prohibit covered health insurance providers from discriminating against individuals based on gender identity (which is defined as sex discrimination) and require covered entities to treat individuals in accordance with their gender identity. 42 U.S.C. § 18116 & 45 C.F.R. § 92 et seq. Based - [MacCord’s List: IP Notices & News From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord-7/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. Copyright Office Publishes Recent Review - [Lessons Learned From the Former ‘Fat Boy’: Tackling Childhood and Adolescent Obesity](https://www.ncbarblog.com/lessons-learned-from-the-former-fat-boy-tackling-childhood-and-adolescent-obesity/) - Rumor has it the incidence of childhood and adolescent obesity has reached epidemic proportions in this country. That would stand to reason, considering the fact that obesity has also become rampant within the adult population. In other words, the kids ain’t driving themselves to the grocery store. I am neither a physician nor a psychologist, - [In the Aftermath Of a Cyber Attack, What Do You Tell the State Bar?](https://www.ncbarblog.com/in-the-aftermath-of-a-cyber-attack-what-do-you-tell-the-state-bar/) - Your law firm's security has been breached, and you see that a scammer is trying to steal client funds. It may be wire fraud, a phishing attack or something totally different. But you know that the firm's security is being tested against a bad actor. You must take action. What should you do, and what - [Talking To All Generations: Manage Your Online Reputation](https://www.ncbarblog.com/talking-to-all-generations-manage-your-online-reputation/) - When I have the opportunity to give advice to law students and young lawyers, one of the things I try to impress upon them is the importance of their reputations, including their “online reputations.” Usually the comment is quickly met with a knowing nod. Everyone seems to know that their reputation is important. However, having witnessed many lawyers of all ages impair - [The Devil and the Details: Constructive Discharge, Punitive Damages and the Mark Of the Beast](https://www.ncbarblog.com/the-devil-and-the-details-constructive-discharge-punitive-damages-and-the-mark-of-the-beast/) - According to Revelation, the wild beast will seduce mankind to follow its evil ways and will cause everyone, small and great, wealthy and poor, free and servant, to have the Mark of the Beast imprinted on their right hand or on their foreheads. Revelation 13:11-18. According to the 4th Circuit, career coal miner Beverly Butcher - [MacCord’s List: IP Notices & News From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord-8/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. Revision of Patent Cooperation Treaty - [Damned If You Do: Supervisors Could Be At Risk For Reporting Sexual Harassment](https://www.ncbarblog.com/damned-if-you-do-supervisors-could-be-at-risk-for-reporting-sexual-harassment/) - and Joseph E. Hjelt On June 7, 2017, Judges Traxler, Motz and Agee on the U.S. 4th Circuit Court of Appeals issued a decision which could make employees think twice before they report other individuals’ complaints of sexual harassment in the workplace. The facts of the case, Villa v. CavaMezze Grill, LLC, No. 15-2543, 2017 WL - [Congratulations To Alicia Lewis, 2017 Distinguished Paralegal Award Recipient!](https://www.ncbarblog.com/congratulations-to-alicia-lewis-2017-distinguished-paralegal-award-recipient/) - Each year the Paralegal Division seeks nominations for its annual Distinguished Paralegal Award. This award recognizes outstanding achievements, professionalism and contributions by a North Carolina paralegal both professionally and personally within the recipient’s community. The award includes a membership to the NCBA Paralegal Division, including one section membership, for the following year. The recipient is - [Libations and Litigation Are Twin Passions for NCBA Member Deborah Sperati](https://www.ncbarblog.com/libations-and-litigation-are-twin-passions-for-ncba-member-deborah-sperati/) - NCBA Members In Focus Ask Deborah Sperati if she would rather run a craft brewery or practice law as a partner at Poyner Spruill, and she answers with a question: “Why choose when you can do both?” As co-founder, legal counsel and chief cultural officer of Koi Pond Brewery in Rocky Mount, Sperati blends her passion for craft beer - [Academic Freedom In Interesting Times](https://www.ncbarblog.com/academic-freedom-in-interesting-times-2/) - A 50th anniversary came and went this past fall without fanfare or commemoration. But for several weeks in October and November of 1966, Andrew Marvell’s poem, “To His Coy Mistress,” written circa 1650’s, was a “national sensation.”[1] On Oct. 17, 1966, the television station WRAL reported that a UNC English instructor had assigned his students to write a - [A Heads Up: New Assumed Business Name Law](https://www.ncbarblog.com/a-heads-up-new-assumed-business-name-law/) - and Ann Wall On June 2, 2017, Gov. Cooper signed House Bill 228, Postpone Assumed Name Revisions, S.L. 2017-23. This bill postpones the effective date for the new Assumed Business Name Act, codified at Article 14A of Chapter 66 of the General Statutes. The effective date is now Dec. 1, 2017. No new assumed business - [Paralegal School Memories](https://www.ncbarblog.com/paralegal-school-memories/) - Do you remember your property law instructor? I do. He was an old school kinda guy who believed each of his paralegal students should know everything about contracts and title research. Our dedication (and grades) were tested each week when he gave us projects to complete at the local courthouse. Mind you, I had a - [MacCord’s List: IP Notices & News From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-notices-news-from-art-maccord-9/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. Examination Guidance for Section 2(a)’s - [Of Interest: Celebrities On Social, Tattoo Dispute, Art Basel Sneaker Lawsuit](https://www.ncbarblog.com/of-interest-celebrities-on-social-tattoo-dispute-art-basel-sneaker-lawsuit/) - Sports & Entertainment Law Members of the Sports & Entertainment Law Section found the following, recent third-party articles to be of potential interest to the section: FTC Warns Celebrities Over Social Media Endorsements Court Looks To Ink Decision In Tattoo Copyright Dispute Adidas Steps On the Toes Of Art Basel In Sneaker Lawsuit Prize - [Make the Most Of Summer With the NCBA Member Benefits App](https://www.ncbarblog.com/make-the-most-of-summer-with-the-ncba-member-benefits-app/) - Three things begin happening between May and June that let me know summer is here: I have to wait at least two minutes till the AC kicks in before I can stand to drive my car. Parking on Franklin Street in downtown Chapel Hill is readily available. The number of automatic reply emails from NCBA - [Four Steps To the Future Of Law: Part 1](https://www.ncbarblog.com/four-steps-to-the-future-of-law-part-1/) - I was recently very fortunate to participate in Law Firm Retreats at the NCBA’s Annual Meeting in Asheville. As always, the Annual Meeting was jam-packed with interesting and educational programs. But Law Firm Retreats was a new program, and I wasn’t entirely sure how it would be received or what type of content to expect. - [MacCord's List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. U.S. Copyright Office Announces Start - [From the Chair: Kiawah In the Rear View -- and On the Horizon](https://www.ncbarblog.com/from-the-chair-kiawah-in-the-rear-view-and-on-the-horizon/) - It was great seeing many of you over Memorial Day weekend at the North Carolina/South Carolina/Georgia Tax Update program in Kiawah. A special thanks to Isaac Bradley for all the hard work in putting that program together. As some of you may already know, we have reserved the East Beach Conference Center for next year's - [What About Everyone Else? Could Paid Maternity Leave Become a Reasonable Accommodation Under the ADA?](https://www.ncbarblog.com/what-about-everyone-else-could-paid-maternity-leave-become-a-reasonable-accommodation-under-the-ada/) - Increasingly, employers are considering offering paid parental leave benefits due to pressures from a changing workforce (Millennials, state and local governments, and even, surprisingly, the current Administration). One policy option is to provide paid maternity leave for new mothers to recuperate from childbirth. Numerous discussions on the legality of maternity-only leave policies have led to - [Let the NCBA Help You Find Your Path to Wellness](https://www.ncbarblog.com/let-the-ncba-help-you-find-your-path-to-wellness/) - In August, the NCBA is bringing you a free, month-long e-course on mindfulness. Register here. Once, there was a woman walking down a path who saw a baby drowning in the water. She rushed in to save the baby. As she returned to the bank with the baby in her arms she saw another child thrashing - [Volunteer Opportunity: CPE Webcast Series Planner](https://www.ncbarblog.com/volunteer-opportunity-cpe-webcast-series-planner/) - Are you looking to become more involved with the Paralegal Division? Do you take advantage of our free-for-members one-hour monthly CPE webcasts? If so, the CPE Committee is looking for an eager paralegal to serve as the NCBA Paralegal Division Webcast Series planner for the 2017-18 year. The webcast series will run from August through - [From the Outgoing Chair: A Heartfelt Thanks For a Year Of Giving and Growing](https://www.ncbarblog.com/from-the-outgoing-chair-a-heartfelt-thanks-for-a-year-of-giving-and-growing/) - It seems like it was only a month ago when I submitted my first blog as your Paralegal Division Chair. It has been a great year for the division with a lot of new and exciting changes, challenges, and proud moments. The year started off with my focus on how to change the internal structure - [How Much Weight Could You Lose If You Believed You Could Lose Weight?](https://www.ncbarblog.com/how-much-weight-could-you-lose-if-you-believed-you-could-lose-weight/) - Who would have imagined that a blog series on weight and wellness could generate so much interest among legal professionals? This thing is literally feeding itself. One member writes in to compliment me on losing over 100 pounds and keeping it off for nearly 40 years. He adds that he is on a similar quest - [Case Summaries: Custody Modification, Equitable Distribution, Change of Circumstances](https://www.ncbarblog.com/case-summaries-custody-modification-equitable-distribution-change-of-circumstances/) - NCBA Family Law Section, Rebecca Poole and Jennifer Smith Custody Modification; No Evidence Presented at Hearing Farmer v. Farmer, No. COA16-760, (June 6, 2017) Defendant–mother appealed from a custody modification order that set aside a prior custody modification order. Because the trial court took no evidence at the hearing and failed to make the proper analysis - [Of Interest: Redskins Name, Aggies Call Audible, Supremes Hear Betting Case](https://www.ncbarblog.com/of-interest-redskins-name-aggies-call-audible-supremes-hear-betting-case/) - Sports & Entertainment Law Members of the Sports & Entertainment Law Section found the following, recent third-party articles to be of potential interest to the section: Why the Redskins Scored a Victory In the Supreme Court's Ruling In Favor Of The Slants "12th Man" Suit Forces Aggies To Call an Audible On Traditional Copyright Defenses - [Legislative Update: Where NCBA-Supported Legislation Stands As Of Aug. 2](https://www.ncbarblog.com/legislative-update-where-ncba-supported-legislation-stands-as-of-aug-2/) - This article appears in the August 2017 edition of North Carolina Lawyer. The N.C. General Assembly convenes again on Aug. 3, 2017. The first five months of the 2017 legislative long session proceeded a bit more slowly than usual, but the action was fast and furious in June. Much of the early focus on Jones - [Why Haven’t You Signed Up For the NCBA's Weekly Job Alerts?](https://www.ncbarblog.com/why-havent-you-signed-up-for-the-ncbas-weekly-job-alerts/) - Most of my friends from law school switched jobs within the first two years of their practice, and I was no exception. Whether we felt unfulfilled, undervalued or we were just unhappy, job transitions within my peer group were common. Based on the communications we receive in the membership department, the desire to find new - [Modification Of a Foreign Child-Custody Order Under the UCCJEA When Multiple States Are Involved](https://www.ncbarblog.com/modification-of-a-foreign-child-custody-order-under-the-uccjea-when-multiple-states-are-involved/) - What if a joint custody order is entered in a state where the parents and child once lived, but then the child and parents all move — with the child living in-between mother’s home in State A and father’s home in State B? Which state would have jurisdiction to modify the foreign custody order? Would - ['Where She Has Practiced Her Entire Career': Reflections On Coming a Long Way](https://www.ncbarblog.com/where-she-has-practiced-her-entire-career-reflections-on-coming-a-long-way/) - By Bettie Kelley Sousa A recent e-bar announced the installation of Caryn Coppedge McNeill, the new president of the North Carolina Bar Association, and the election of the president-elect, Jacqueline D. Grant. A demanding, virtually full-time job spanning three years, the NCBA presidency often is held by big-firm lawyers who can commit such time to - [The Chair’s Comments: New Year, New Focus, New Blog](https://www.ncbarblog.com/the-chairs-comments-new-year-new-focus-new-blog/) - Welcome! Networking and education. If you’ve ever wondered why most people belong to the NCBA Litigation Section, it’s networking and education. Quite a few of you answered our recent survey – 164 of you, to be exact – and overwhelmingly that’s what you said. Over half said that you’d be most likely to attend a - [NC Wage and Hour Act Amended To Exempt Seasonal Amusement Or Recreational Establishment Employees from Overtime Provision](https://www.ncbarblog.com/nc-wage-and-hour-act-amended-to-exempt-seasonal-amusement-or-recreational-establishment-employees-from-overtime-provision/) - Under § 213(a)(3) of the Fair Labor Standards Act (FLSA), employees of seasonal “amusement or recreational establishment[s]” are exempt from the statute’s minimum wage and overtime protections. In order to qualify as an exempt establishment pursuant to § 213(a)(3), an amusement or recreational establishment must: (1) not operate for more than seven months in any - [Case Law Updates: Equitable Distribution; Divorce, Remarriage and Divorce](https://www.ncbarblog.com/case-law-updates-equitable-distribution-divorce-remarriage-and-divorce/) - and Becky Watts Equitable Distribution, Miller v. Miller, COA 16-486, April 18, 2017 In Miller v. Miller, the Court of Appeals addressed procedural and substantive issues regarding an equitable distribution claim. First, the Court of Appeals addressed application of N.C.R. Civ. P. 60(b)(6) to determine whether the trial court properly set aside a judgment of absolute divorce - [‘For Want Of a Comma’: The Latest In the Oxford Comma War](https://www.ncbarblog.com/for-want-of-a-comma-the-latest-in-the-oxford-comma-war/) - The Oxford comma—also known as the serial comma or the Harvard comma—is the comma between the penultimate and final items in a written list. For example, in the sentence, “The American flag is red, white, and blue,” the comma after “white” is an Oxford comma. Punctuation purists insist that the Oxford comma should always be - [The Chair’s Comments: Big Things On This Year’s Agenda](https://www.ncbarblog.com/the-chairs-comments-big-things-on-this-years-agenda/) - First of all, I would like to say thank you for allowing me to serve as your Chair for 2017-2018. I am truly humbled by the honor. It is hard to believe how fast the past three years have flown by since I took over as treasurer for the Division. It seems like just yesterday - [Prepare (some) for Mediation](https://www.ncbarblog.com/prepare-some-for-mediation/) - Mediation is an alternative dispute resolution process used in lieu of formal procedures, where a neutral mediator attempts to help the parties come to a mutually acceptable agreement. The mediator can facilitate negotiations, review positions, exchange offers, point out the best and worst possible outcomes, etc. It is mostly an informal process, but typically follows - [Equitable Estoppel Halts Insurer’s Success In Bad Faith Claim](https://www.ncbarblog.com/equitable-estoppel-halts-insurers-success-in-bad-faith-claim/) - Demonstrating that equitable estoppel can create genuine obstacles for insurers, the court in the Middle District of North Carolina denied a carrier relief to which it would have otherwise been entitled based upon the carrier’s prior conduct. Vytas and Lee Anne Bankaitis sued Defendant Allstate Insurance Company in state court for breach of contract, deceptive - [NC COA Clears Up Questions Of ‘Occurrence’ In Property Damage Decision](https://www.ncbarblog.com/nc-coa-clears-up-questions-of-occurrence-in-property-damage-decision/) - On Aug. 1, 2017 the North Carolina Court of Appeals issued a decision which provides two helpful takeaways for the insurance law practitioner. In Plum Properties, L.L.C. v. N.C. Farm Bureau Mut. Ins. Co., 2017 N.C. App. LEXIS 607, Plum Properties, L.L.C. (Plum) filed a tort action against two minors and their mothers, alleging that - [Chair's Comments: New Year, New Blog, New CLE Date](https://www.ncbarblog.com/chairs-comments-new-year-new-blog-new-cle-date/) - The Insurance Law Section has a new medium for giving you insurance news – a blog. We have moved away from a newsletter format and now embrace the blog format. Welcome. I am the chair of the Insurance Law Section this 2017-18 year. We have an exciting year ahead of us. Let me give you - [MacCord's List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-2/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. Revival of Abandoned Trademark Applications, - [Of Interest: 'Zootopia' Case, U2 and 'The Fly,' Maine Fantasy Sports Law](https://www.ncbarblog.com/of-interest-zootopia-case-u2-and-the-fly-maine-fantasy-sports-law/) - Members of the Sports & Entertainment Law Section found the following, recent third-party articles to be of potential interest to the section: Esplanade Productions, Inc. v. The Walt Disney Company U2 Seeks Dismissal of “The Fly” Infringement Suit Ninth Circuit Purges Anti-SLAPP Motion for Contract Claims Right of Publicity Bill Takes a Dive, for Now - [Acclaim For NCBA CLE Publication 'How To Try Your Case Like a Professional'](https://www.ncbarblog.com/acclaim-for-ncba-cle-publication-how-to-try-your-case-like-a-professional/) - Congratulations to NCBA member Christopher Parrish and NCBA CLE Publications Coordinator Laura Bonfiglio for nabbing an ACLEA Outstanding Achievement in Publications award with the book “How to Try Your Case Like a Professional: Tips & Procedures for the ‘Relatively’ New Trial Lawyer”! The Association for Continuing Legal Education will honor their efforts on the book, - [How the G&PS Section Scholarship Helped Elon Law Student Have the Best Experience Of Her Life](https://www.ncbarblog.com/how-the-gps-section-scholarship-helped-elon-law-student-have-the-best-experience-of-her-life/) - Editor's note: The Government & Public Sector Section of the North Carolina Bar Association awards up to three scholarships each year to law students who work as an unpaid interns in a North Carolina government law department. Townsend is a 2L at Elon University School of Law. This summer I had the pleasure of interning with the Wake - [Paralegal Memories:  My Favorite Class](https://www.ncbarblog.com/paralegal-memories-my-favorite-class/) - Legal Research and Writing was my favorite (required) class at Midlands Technical College. This Palmetto State institution is well-known for its paralegal program. That's one reason why I decided to attend and graduate from it. Plus, I wanted to know how my journalism background would stack up in this particular field of study. Legal Research - [The U.S. Supreme Court Limits Discovery Sanctions to Compensation, Not Punishment](https://www.ncbarblog.com/the-u-s-supreme-court-limits-discovery-sanctions-to-compensation-not-punishment/) - It is not every day the U.S. Supreme Court pays attention to matters that affect the practice of discovery, but that day came with Goodyear Tire and Rubber Co. v. Haeger, 137 S.Ct 1178 (April 18, 2017). Writing for a unanimous Court, Justice Kagan explained that when a court exercises its inherent power to sanction - [A Little Goes A Long Way To Promote Literacy](https://www.ncbarblog.com/a-little-goes-a-long-way-to-promote-literacy/) - Friday is World Literacy Day, and the North Carolina Bar Foundation’s Lawyers4Literacy program needs your help raising money for 100 new books for North Carolina students. A $10 donation provides two hardback books to a participating school. A donation of any amount helps support the L4L program. To donate, go to the NCBA website Giving page and select - [What Businesses Should Know About Business Personal Property Tax](https://www.ncbarblog.com/what-businesses-should-know-about-business-personal-property-tax/) - The majority of property tax appeals concern arguments over the value of real estate, such as commercial retail buildings, commercial office buildings, multi-family buildings, and industrial facilities. However, real estate is not the only type of property that is taxable in North Carolina for property tax purposes. Business personal property is also taxable for property - [Chair’s Comments: Celebrating the 20th Anniversary of Juvenile Justice & Children’s Rights](https://www.ncbarblog.com/chairs-comments-celebrating-the-20th-anniversary-of-juvenile-justice-childrens-rights/) - This year, the Juvenile Justice & Children’s Rights Section will celebrate its 20th anniversary. As your new chair, I am honored to lead the section at such a historic time for both our section and our state, which is engaged in a major reform of the juvenile justice system. We want to commemorate these milestones in - [Go Back To School With NCBA Member Discounts and Student Involvement Opportunities](https://www.ncbarblog.com/go-back-to-school-with-ncba-member-discounts-and-student-involvement-opportunities/) - Big box store checkout lines are longer, rush hour traffic has doubled and, if you’re a parent, your wallet may be a bit lighter. That’s right, back-to-school season is upon us, and the North Carolina Bar Association is here to help. Our Member Discount program with Office Depot means members get contract pricing on almost - [Health Law Section Charlotte Networking Breakfast Event](https://www.ncbarblog.com/health-law-section-charlotte-networking-breakfast-event/) - As a reminder, on Tuesday, Sept. 12 from 8 to 9 a.m, the NCBA Health Law Section will be hosting a networking breakfast. We are excited for an opportunity for our members and friends of the section to have a way to mingle in person and learn more about our section. As you probably know, the - [Want To Publish Your Article On the International Practice Section Blog? Here’s What You Need To Know](https://www.ncbarblog.com/want-to-publish-your-article-on-the-international-law-practice-section-blog-heres-what-you-need-to-know/) - Topics: We encourage relevant, timely articles on substantive cross-border legal issues and any others that may be of interest to the international legal community in North Carolina. Length: All articles are limited to 300-400 words. For articles exceeding this world limit, the author may: 1) edit the article into one article of 300-400 words, 2) - [Employers: Those Form I-9s Can Cost You If You're Not Staying On Top of Them](https://www.ncbarblog.com/employers-those-form-i-9s-can-cost-you-if-youre-not-staying-on-top-of-them/) - It is a good time to conduct an internal audit of I-9s because inspections and fines have not gone away and a new I-9 edition was published recently. An administrative law judge in the Office of the Chief Administrative Hearing Office fined a staffing company $276,000 in June 2017, reduced from the $367,000 originally imposed - [MacCord's List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-3/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. Modified U.S. Copyright Office Provisional - [#myNCBA: The New Way To Share Social Media Love](https://www.ncbarblog.com/myncba-the-new-way-to-share-social-media-love/) - We want to let the world know what the NCBA means to you. So, we’ve created a new hashtag – #myNCBA – that will allow all of us to share thoughts, feelings and photos about this fellowship we know as the N.C. Bar Association. Whether it’s grabbing coffee with another member, working with a group - [Lunch-hour CLE With a Rock Star: The Slants Front Man Talks About the Legal Battle To Name His Band](https://www.ncbarblog.com/lunch-hour-cle-with-a-rock-star-the-slants-front-man-talks-about-the-legal-battle-to-name-his-band/) - Spend your Monday lunch hour chatting with a rock star while earning CLE/CPE credit. Register for the webcast "A Name Worth Fighting For: How Naming My Band The Slants Got Me To the Supreme Court," featuring rocker Simon Tam, presented by the NCBA CLE Department. Members of the NCBA Intellectual Property Law, Litigation, and Sports & Entertainment - [DACA Program to End: Here's What You Should Know](https://www.ncbarblog.com/daca-program-to-end-heres-what-you-should-know/) - On Sept. 5, 2017, the Trump administration announced rescission of the Obama administration’s 2012 Executive Order which created the Deferred Action for Childhood Arrivals (DACA) program. As of March 5, 2018, DACA will terminate. DACA has benefited approximately 800,000 recipients who came to the U.S. before the age of 16 and hold no valid immigration - [Fourth Circuit Court of Appeals Deals Significant Blow To Traditional Contractor-Subcontractor Relationship](https://www.ncbarblog.com/fourth-circuit-court-of-appeals-deals-significant-blow-to-traditional-contractor-subcontractor-relationship/) - and John Ormand On January 25, 2017, the Fourth Circuit Court of Appeals[1], dealt a significant blow to the traditional contractor-subcontractor relationship. In finding a contractor and subcontractor could be considered “joint employers” of the subcontractor’s workers for purposes of the Fair Labor Standards Act (“FLSA”), the court’s decision has opened a pandora’s box - [Triple Canopy and Evolving Standards of Materiality Under the Civil False Claims Act (FCA)](https://www.ncbarblog.com/triple-canopy-and-evolving-standards-of-materiality-under-the-civil-false-claims-act-fca/) - In Universal Health Services v. United States ex rel. Escobar (UHS), the Supreme Court upheld the Civil False Claims Act (FCA) theory of “implied certification,” under which the submission of a claim for reimbursement “implies” that the claimant is in compliance with the statutes, regulations, and contract provisions necessary for that claim to be paid. - [New NC Law Adds Predictability To Litigation Involving Business Contracts](https://www.ncbarblog.com/new-nc-law-adds-predictability-to-litigation-involving-business-contracts/) - North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mount Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state lines, businesses should intentionally assess and negotiate terms commonly called “choice of law” and “choice of forum” (or - [Of Interest: Major League Soccer Challenged, Tyson Knockout Blow, Odell Beckham Calls Audible](https://www.ncbarblog.com/of-interest-major-league-soccer-challenged-tyson-knockout-blow-odell-beckham-calls-audible/) - Sports & Entertainment Law Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section: Major League Soccer Challenged in CAS Tyson Winds Up for Knockout Blow Against Boxing Hall of Fame Odell Beckham Jr. Calls Audible on $100M Player Disability Insurance Policy - [MacCord's List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-4/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. Copyright Office Adopts Final Rule - [MacCord's List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-5/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. Copyright Office Begins Release of - [NC State Bar Warns: Beware Calls For IOLTA Audit From Third Party](https://www.ncbarblog.com/nc-state-bar-warns-beware-calls-for-iolta-audit-from-third-party/) - The North Carolina State Bar has learned that a caller representing an entity named “Small Business Growth Alliance” is calling lawyers and telling them that their IOLTA accounts are due for audit. The caller falsely claims that Small Business Growth Alliance is authorized by the State Bar to perform random audits and tries to schedule - [NC Casino Operator Faces Wage Suit](https://www.ncbarblog.com/nc-casino-operator-faces-wage-suit/) - Gamblers aren’t the only ones complaining about pay-outs in North Carolina casinos. According to a class/collective action complaint (Clark v. Harrah’s NC Casino, LLC, 1:17-cv-240) filed on August 31, 2017, in the Western District of North Carolina, Harrah’s NC Casino Company, LLC, has failed to pay employees wages and overtime compensation. Joseph Clark, the named - [How One Attorney Turned a $10-an-hour Tech Job Into a Career In Patent Law: Hear the Story at 'Starting Out Solo'](https://www.ncbarblog.com/how-one-attorney-turned-a-10-an-hour-tech-job-into-a-career-in-patent-law-hear-the-story-at-starting-out-solo/) - Ever wonder how lawyers with great jobs got their sweet gigs? Then this free event is for you. Join us at the N.C. Bar Center on Tuesday, Sept. 26 at 6 p.m. for a panel of practicing attorneys who have career advice to share. Get more details and register here. Panelists are Nicholas Dowgul of Felton Banks - [On Fonts: Why Lawyers Should Switch To Century Schoolbook](https://www.ncbarblog.com/on-fonts-why-lawyers-should-switch-to-century-schoolbook/) - , Drew Erteschik, Clark Tew, J.M. Durnovich Introduction We know what you’re thinking: Why should I care about fonts? The authors of this article—an appellate judge and a few litigators—would like to answer this question in two parts. The first part discusses the current font norms for North Carolina lawyers, and why the fonts favored by those - [Changes To NC Laws In 2017 May Affect Your Practice: See the NCBA Legislative Bulletin](https://www.ncbarblog.com/changes-to-nc-laws-in-2017-may-affect-your-practice-see-the-ncba-bulletin/) - Check out the 2017 Legislative Bulletin for a look at changes made in the North Carolina General Statutes this session that may affect your practice of the law. Provided by the NCBA Office of Governmental Affairs, the Legislative Bulletin includes a summary of bills tracked by an NCBA section or committee or the Office of Governmental Affairs - [Introducing This Year's Paralegal Division Leaders](https://www.ncbarblog.com/introducing-this-years-paralegal-division-leaders/) - As this bar year kicks off, the Paralegal Division Council wants to introduce the members that are serving in leadership roles this year. The Paralegal Division offers members the opportunity to play a role in shaping the direction of the division in a variety of ways, from serving as an officer, council member, committee chair - [What Is a 'Government Attorney'?](https://www.ncbarblog.com/what-is-a-government-attorney/) - When meeting a new person, the question I am most often asked after “What is your name?” is “What do you do?” The answer to that question is not always simple. The simplest answer one can give is one’s title, “I am a/an _____,” filling in the blank with a range of positions, including: City - [You Still Have Time to Sign Up For the NC Society of Health Care Attorneys Conference Oct. 6](https://www.ncbarblog.com/you-still-have-time-to-sign-up-for-the-nc-society-of-health-care-attorneys-conference-oct-6/) - It is not too late to join the North Carolina Society of Health Care Attorneys for its annual conference this Friday, Oct. 6, 2017, at the Rizzo Conference Center in Chapel Hill. This year’s keynote address will be presented by Aaron McKethan, Ph.D., on the topic "Managing Change in Health Policy: State and Federal Perspectives." - [The NCBA Will Be At Your Swearing-in Ceremony, I Swear!](https://www.ncbarblog.com/the-ncba-will-be-at-your-swearing-in-ceremony-i-swear/) - Growing up I was always told not to swear. And I don’t just mean “cuss” words. I mean I was actually instructed not to say the phrase “I swear.” I could “promise” or “pledge” to do something, but actually swearing to do it was taboo. The aversion to that phrasing stemmed from my cultural and - [Working Hard For Our Members: Recapping the August Strategic Planning and Paralegal Division Council Meeting](https://www.ncbarblog.com/working-hard-for-our-members-recapping-the-august-strategic-planning-and-paralegal-division-council-meeting/) - Ever wonder what the Paralegal Division Council does? Do you want to be more involved? Are you interested in leadership opportunities within the division? We hope so. The council wants to provide members a better understanding of the workings of the Paralegal Division. For starters, the council is composed of a chair, vice chair, secretary, - [A 12(b)(6) Motion Asserted As Part Of An Answer Will Not Suffice, At Least Not In The NC Business Court](https://www.ncbarblog.com/a-12b6-motion-asserted-as-part-of-an-answer-will-not-suffice-at-least-not-in-the-nc-business-court/) - Have you ever included a Rule 12(b)(6) motion to dismiss in your answer, with the intention of filing a more formal motion or submitting a detailed brief later? If so, you should be aware of a recent decision by Judge Michael L. Robinson of the North Carolina Business Court which casts further doubt on the - [Spotlight On Paralegal Student Felicia Atkinson](https://www.ncbarblog.com/spotlight-on-paralegal-student-felicia-atkinson/) - The Student Relations Committee serves as the bridge between the Paralegal Division and the students enrolled in paralegal programs across the state. The committee would like to shine the spotlight on Felicia Atkinson, a paralegal student at Pitt Community College. Ms. Atkinson has a Bachelor of Science in Finance with a minor in Accounting. Ms. - [MacCord's List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-6/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. U.S. Copyright Office issued a - [One Lawyer's Clio Cloud Takeaway: For Potential Clients, Waiting Is the Hardest Part](https://www.ncbarblog.com/one-lawyers-clio-cloud-takeaway-for-potential-clients-waiting-is-the-hardest-part/) - I recently attended the Clio Cloud Conference in New Orleans - thanks to an NCBA social media contest (#myNCBA)! The conference was a tremendous chance to surround myself with other lawyers and professionals who view changes to legal technology as opportunity. I was able to see the reveal of a new Clio UX/UI and now - [Asheville Area Members: Join Us For a Mixer At the Grove Park Oct. 18](https://www.ncbarblog.com/asheville-area-members-join-us-for-a-mixer-at-the-grove-park-oct-18/) - As a reminder, on Wednesday, Oct. 18 starting at 6 p.m., the NCBA Health Law Section will host a “Mix, Mingle and Network” event at the Presidents Lounge, Omni Grove Park Inn, Asheville. We are excited for an opportunity for our members and friends of the section to have a way to mingle in person - [MacCord's List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-7/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. Roundtable discussion at USPTO in - [Texas, Delaware or Good Ole North Carolina?](https://www.ncbarblog.com/texas-delaware-or-good-ole-north-carolina/) - In a much-anticipated ruling on May 22, 2017, the U.S. Supreme Court in TC Heartland v. Kraft Foods narrowed the definition of venue for patent infringement cases. Until last week, a patent holder could sue an alleged infringer in any venue where the defendant was doing business, causing forum shopping and a very high concentration - [The ‘Nonvisual Play-Doh Scent Mark’: Can It Really Be a Source Identifier?](https://www.ncbarblog.com/the-nonvisual-play-doh-scent-mark-can-it-really-be-a-source-identifier/) - Can you put a value to a certain smell? Play-Doh thinks so. In February, Hasbro, Inc. filed its application for the scent of Play-Doh. Scent has a powerful way of evoking particular emotions in consumers. We all have a scent that brings us back to a cherished memory -- something unique to our experiences growing up. - [Ctrl Alt Career: Reset Goals to Find Personal Success](https://www.ncbarblog.com/ctrl-alt-career-reset-goals-to-find-personal-success/) - The thought of chasing your dream can feel like an impossibility. With financial, professional and personal goals so closely tied to success as an attorney, there seems to be little opportunity to leave a traditional job in favor of something more fulfilling. But it can be done. In this article, three lawyers will reflect on how choosing - [How Does the PTAB Evaluate Follow-On IPR Petitions?](https://www.ncbarblog.com/how-does-the-ptab-evaluate-follow-on-ipr-petitions/) - and Allison Dobson Under 35 U.S.C. § 325(d), the Patent Trial and Appeal Board has the discretion to deny a follow-on inter partes review petition where multiple petitions are filed against the same patent. In exercising its discretion, the board may consider whether “the same or substantially the same prior art or arguments previously were - [Seeking Articles For This Blog](https://www.ncbarblog.com/seeking-articles-for-this-blog/) - Dear IP Section Members: We are seeking additional volunteers to draft posts for the NCBA Intellectual Property Law Blog. Please electronically forward any submissions to us at MMorlock@kilpatricktownsend.com and LaAnderson@wcsr.com. Posts can be short and can address any topic related to recent developments in IP Law. Some suggestions include: Analysis of recent Federal Circuit Decisions - [Follow the NCBA Attorney Exchange Program In Japan On Social Media](https://www.ncbarblog.com/follow-the-ncba-attorney-exchange-program-in-japan-on-social-media/) - Check out the NCBA social media channels for updates from the ongoing attorney exchange to Japan led by the International Law & Practice Section. The delegation landed in Tokyo earlier this week and has a packed schedule of meetings with law firms, government officials, businesses and bar organizations. In between, they're taking in all the - [Pro Se Responsive Pleading By Corporation/LLC Insufficient To Avoid Default](https://www.ncbarblog.com/pro-se-responsive-pleading-by-corporationllc-insufficient-to-avoid-default/) - North Carolina statute N.C.G.S. Section 84-5 prohibits corporations and limited liability companies from practicing law in this state. This prohibition occasionally arises in the litigation context when an entity—usually domiciled in another state—serves a pro se answer (or other response) to a complaint filed in a North Carolina court. Given that a plaintiff’s goal usually - [#NCBA In Japan: Attorneys Exchange Ideas, Soak In Culture](https://www.ncbarblog.com/ncba-in-japan-attorneys-exchange-ideas-soak-in-culture/) - As the NCBA's Attorney Exchange Program delegation wraps up its trip to Japan this week, we're sharing the group's impressions of the Land of the Rising Sun. Throughout the trip, members of the delegation have been offering their favorite moments via our social media channels. To see photos, go to the NCBA Facebook page or follow the - [News Flash From the N.C. Secretary of State](https://www.ncbarblog.com/news-flash-from-the-n-c-secretary-of-state/) - The North Carolina Secretary of State’s office would like to share the following announcements: New Secretary of State Website Design is On the Way Look for our new www.sosnc.gov website design this fall. We are updating the look and feel of our website to improve your experience. The new website design, created under the statewide - [Of Interest: Playwright Wins Copyright Dispute, Board Blows the Whistle, Dickerson v. WB Studio](https://www.ncbarblog.com/of-interest-playwright-wins-copyright-dispute-board-blows-the-whistle-dickerson-v-wb-studio/) - Sports & Entertainment Law Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section: Joy in Who-Ville? Playwright Wins Fair Use Copyright Dispute in Parody of “Grinch” Board Blows the Whistle on Independent Contractor Status for NBA Video Production Crew Dickerson v. - [The One CLE You Don’t Want To Miss](https://www.ncbarblog.com/the-one-cle-you-dont-want-to-miss-2/) - If you’re a lawyer who is interested in administrative law, then there is one CLE you cannot afford to miss this year: the NCBA’s Nov. 16-17 CLE entitled, “The Only Constant is Change: 2017 Legislative, Executive, and Judicial Updates.” Let me give you two reasons why you need to sign up now, if you aren’t signed - [Aliens Invade New Mexico: Higher Education and Cyber Security At a Crossroads](https://www.ncbarblog.com/aliens-invade-new-mexico-higher-education-and-cyber-security-at-a-crossroads/) - The modern student and faculty are inextricably and innocently connected to the IoT. Their behavior will only exponentially increase the security threat to the educational institution Aliens Invade New Mexico On May 15, 2017, the Albuquerque Journal reported a computer server breach at the University of New Mexico foundation had caused the University to notify - [The One CLE You Don’t Want To Miss](https://www.ncbarblog.com/the-one-cle-you-dont-want-to-miss/) - If you’re a government lawyer or a lawyer whose practice intersects with the government, then there is one CLE you cannot afford to miss this year: the NCBA’s Nov. 16-17 CLE entitled “The Only Constant is Change: 2017 Legislative, Executive and Judicial Updates.” Let me give you two reasons why you need to sign up now, if - [MacCord’s List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-8/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. On Sunday, October 15, 2017 - [Pro Bono Week: Celebrate Giving Back, Become Part Of the N.C. Pro Bono Honor Society](https://www.ncbarblog.com/pro-bono-week-celebrate-giving-back-become-part-of-the-n-c-pro-bono-honor-society/) - Lawyers, you have another reason to smile this week. It's National Celebration of Pro Bono Week, an annual initiative spearheaded by the ABA Standing Committee on Public Service to enhance and expand efforts to increase access to justice for all. The #celebrateprobono effort gives legal communities around the country an opportunity to recognize the good legal - [MacCord’s List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-9/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. Notice of Proposed Rulemaking Related - [Insurer Violated Lien Statute and Committed Deceptive Trade Practice When Settling With Pro Se Claimant](https://www.ncbarblog.com/insurer-violated-lien-statute-and-committed-deceptive-trade-practice-when-settling-with-pro-se-claimant/) - The North Carolina Court of Appeals recently held that, where an insurer settles with a pro se claimant and issues a settlement check to the claimant, the insurer must pay off any valid medical provider liens pursuant to N.C. Gen. Stat. §§ 44-49 and 44-50 before making any payment to the claimant. Nash Hosps., Inc. - [The Fantastic Five: Randolph Co. Attorneys Unite To Fight Legal Aid Budget Cuts](https://www.ncbarblog.com/the-fantastic-five-randolph-co-attorneys-unite-to-fight-legal-aid-budget-cuts/) - Editor's note: As we #celebrateprobono this week, we take a look at one group of lawyers' innovative approach to helping their community. When Thomas Robins heard about a $1.5 million cut to the budget for Legal Aid of North Carolina in 2015, he realized LANC would no longer be able to send an attorney to - [Future Paralegal Channels Communications Skills Into Her New Career](https://www.ncbarblog.com/future-paralegal-channels-communications-skills-into-her-new-career/) - The Student Relations Committee serves as the bridge between the Paralegal Division and the students enrolled in paralegal programs across the state. The committee would like to shine the spotlight on Brianna Huff, a paralegal technology certificate student at Coastal Carolina Community College. Ms. Huff is a recent graduate of UNC Charlotte with a bachelor - [Local Governments vs. Big Pharma: A New Wave of Litigation Alleges Liability For the Opioid Epidemic](https://www.ncbarblog.com/local-governments-vs-big-pharma-a-new-wave-of-litigation-alleges-liability-for-the-opioid-epidemic/) - By Drew Erteschik,[1] J.M. Durnovich and Cosmo Zinkow Introduction The opioid epidemic is an American tragedy. It is difficult to convey the breadth of the epidemic with a single statistic, but let this sink in: For every person killed by gun violence, three people will die from an opioid overdose.[2] As the epidemic worsens, local - [Blockchain Technology: Its Implications for International Trade](https://www.ncbarblog.com/blockchain-technology-its-implications-for-international-trade/) - Editor’s Note: The below article is the first in a three-part series about blockchain and its implications on international trade. International trade is undergoing a tremendous transformation thanks to the emergence of a groundbreaking technology called blockchain. Blockchain is essentially a ledger that is distributed on a network of independent computers, which allows for unalterable - [Takeaways From the National Juvenile Defender Leadership Summit](https://www.ncbarblog.com/takeaways-from-the-national-juvenile-defender-leadership-summit/) - From Oct. 19 through Oct. 22, I attended the 21st Annual National Juvenile Defender Leadership Summit in Albuquerque, N. M. The Summit, presented by the National Juvenile Defender Center, brings together hundreds of juvenile defenders, youth advocates and other juvenile justice stakeholders from around the country. The two and a half day conference includes plenary - [Direct Contact With the Adverse Insurance Adjuster After Appointment of Counsel](https://www.ncbarblog.com/direct-contact-with-the-adverse-insurance-adjuster-after-appointment-of-counsel/) - After fruitless negotiations with an insurance adjuster, you file suit and an attorney is retained to represent the defendant. You have been dealing with the adjuster on this and other claims over many years and have developed a relationship, and when your client calls you saying to settle on any terms because she needs the - [4th Circuit: Alleged Sexist Remarks Insufficient To Support Employee’s Title VII Claims](https://www.ncbarblog.com/4th-circuit-alleged-sexist-remarks-insufficient-to-support-employees-title-vii-claims/) - A recent Fourth Circuit decision held that alleged statements from a supervisor that included, “We don’t want women working in the morning” and “I don’t want three women on my schedule,” were not sufficient to support a plaintiff’s claims of discrimination or harassment in violation of Title VII. In the unpublished opinion issued October 10, - [Senate Bill 698 Proposes Two-Year Terms For All North Carolina State Judges and Justices](https://www.ncbarblog.com/senate-bill-698-proposes-two-year-terms-for-all-north-carolina-state-judges-and-justices/) - On October 17, 2017, North Carolina State Senator Rabon filed a bill in the State Senate to amend the North Carolina Constitution to limit terms of office for all state judges and justices to two years. Currently, Article IV of the North Carolina Constitution provides that District Court judges are elected to four-year terms (N.C. - [Chair’s Comments: Be Stubborn About Your Goals and Flexible About Your Methods](https://www.ncbarblog.com/chairs-comments-be-stubborn-about-your-goals-and-flexible-about-your-methods/) - Like most lawyers, and most people in general, I often find myself in a position of needing to “upgrade” the way I have done something for years. I recall years ago when I started doing on-line bill pay with my bank. It seemed so strange to not write checks each month. As a lawyer and - [Welcome, ACBD Section Members!](https://www.ncbarblog.com/welcome-acbd-section-members/) - It is my pleasure to welcome you to the new Bar year with the first post in our new blog format. It is an exciting year for the Antitrust and Complex Business Disputes Section, beginning with the transition from a newsletter to this new blog format under the leadership of our editor, Nathan Standley. Going - [Blockchain Technology: Its Impact on Bill of Lading and Trade Finance Systems](https://www.ncbarblog.com/blockchain-technology-its-impact-on-bill-of-lading-and-trade-finance-systems/) - Editor’s Note: The below article is the second in a three-part series about blockchain and its implications on international trade. Read the first article here. Applying blockchain technology to international trade allows stake holders to take advantage of a a much more efficient and transparent technological infrastructure than the current outmoded paper-based system. Prior to - [E-Discovery As Part Of a Winning Strategy For Every Firm](https://www.ncbarblog.com/e-discovery-as-part-of-a-winning-strategy-for-every-firm/) - You have clients. They use email. They send text messages. They create documents. They take pictures. They make phone calls. They send messages on social apps. Imagine if one of your clients came to your office, and told you they were being sued. And all those personal and professional messaging systems were sources of potential - [Don't Let Your Opponent Bury You Under a Mountain of Business Records in Lieu of Answering Interrogatories](https://www.ncbarblog.com/dont-let-your-opponent-bury-you-under-a-mountain-of-business-records-in-lieu-of-answering-interrogatories/) - You have served interrogatories about the defendant’s construction of a defective roadway. The defendant responds to several of them by stating, “[T]he information sought by this interrogatory may be ascertained by a review of the construction diaries and other records. These documents are available for review, inspection and copying.” You arrive at defense counsel’s office - [Paralegal Potpourri Friday](https://www.ncbarblog.com/paralegal-potpourri-friday/) - Happy Friday, everyone! We hope this last week before the unofficial start of the holidays has been productive. Before you kick off your weekend, check out these recent announcements of interest. Electronic Filing with the U.S. Supreme Court On Nov. 13, 2017, the U.S. Supreme Court’s electronic filing system began operation. While paper remains the - [Holiday Eating Advice From Man's Best Friend: Treat Thanksgiving Like Any Other Day](https://www.ncbarblog.com/holiday-eating-advice-from-mans-best-friend-treat-thanksgiving-like-any-other-day/) - Brownie doesn’t distinguish between Thanksgiving Day and any other day of the year. Nor does he grasp the concept of Saturday and Sunday, which most of us refer to as the weekend. All our beloved four-legged friend knows is that when my feet hit the floor every morning, we’re going for a long and rewarding - [Recent Court Opinions](https://www.ncbarblog.com/recent-court-opinions-2/) - A roundup of notable labor and employment law opinions from the past several weeks: Schilling v. Schmidt Baking Co., No. 16-2213 (4th Cir. Nov. 17, 2017): Are employees who drive assorted vehicles in a mixed fleet—a fleet with vehicles weighing more and less than 10,000 pounds—entitled to overtime? Ruling: Yes, the SAFETEA–LU Technical Corrections Act - [Thank You, NCBA Members For All You Do; This Turkey Day Poem Is Just For You](https://www.ncbarblog.com/thank-you-ncba-members-for-all-you-do-this-turkey-day-poem-is-just-for-you/) - , NCBA Membership Director The leaves are turning colorful shades Of orange and red and more. And it’s always around this time of year I think of what I am thankful for. As always I’m glad my family and friends Put up with my antics and quirks, But I am also extremely grateful For - [Scam Targeting Employers for Copies of I-9s](https://www.ncbarblog.com/scam-targeting-employers-for-copies-of-i-9s/) - Employers have been receiving scam emails from news@uscis.gov, a nonexistent email address made to appear as if it is from the U.S. Citizenship & Immigration Services (USCIS), asking employers to send copies of their I-9s. USCIS would never request I-9s in this manner; therefore employers should not respond. If your client has received such an email, they - [MacCord's List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-10/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. U.S. Copyright Office Issues Notice - [Case Summaries](https://www.ncbarblog.com/case-summaries-3/) - Summaries by Jeff Russell, Rebecca Poole, Jennifer Smith, Rachel Beard, Katie Fowler and Jessica Heffner Custody Modification, Failed Reunification Therapy, Williams v. Chaney, COA16-834, July 18, 2017 Defendant–father appealed from a custody modification order which found that previous reunification therapy between the minor child and plaintiff–mother had failed, and that further reunification therapy would “re-traumatize” the minor - [Item of Interest: Gatekeeper Orders in North Carolina Courts: What, When, and How](https://www.ncbarblog.com/item-of-interest-gatekeeper-orders-in-north-carolina-courts-what-when-and-how/) - Government & Public Sector Section members should find the following article from the UNC School of Government of interest. It relates to North Carolina law regarding "gatekeeper orders" for frequent, harassing-type filers. - [Fallout From the Sunshine Act ](https://www.ncbarblog.com/fallout-from-the-sunshine-act/) - and MacKenzie Dickerman All eyes are once again on health care reform. Amidst the present uncertainty, one law seems likely here to stay—the Physician Payments Sunshine Act (“Sunshine Act”). Part of the Patient Protection and Affordable Care Act, the Sunshine Act is the first comprehensive federal legislation mandating public reporting of payments between drug companies, - [Student Spotlight On Lauren Eddings](https://www.ncbarblog.com/student-spotlight-on-lauren-eddings/) - The Student Relations Committee serves as the bridge between the Paralegal Division and the students enrolled in paralegal programs across the state. The Committee would like to shine the spotlight on Lauren Eddings, a paralegal student at Coastal Carolina Community College. Membership in the Paralegal Division of the North Carolina Bar Association is FREE to - [Chair's Comments: A New Blog, A Successful CLE and Annual Meeting On the Horizon](https://www.ncbarblog.com/chairs-comments-a-new-blog-a-successful-cle-and-annual-meeting-on-the-horizon/) - On behalf of the Workers’ Compensation Section Council, I’d like to welcome you to the new Bar year and our new blog format! The Workers’ Compensation Section has transitioned from the Course & Scope newsletter to this new format. Our editors, Mark Atkinson and Heather Baker, have worked hard to make this transition as seamless - [NC COA Addresses New Point In Tillett v. Town of Kill Devil Hills](https://www.ncbarblog.com/nc-coa-addresses-new-point-in-tillett-v-town-of-kill-devil-hills/) - On Tuesday, a panel of the Court of Appeals issued a unanimous decision in a Public Records Act case on a point not previously addressed: "We therefore hold that, in order to confer jurisdiction upon the trial court in a Public Records Act suit, the plaintiff must initiate mediation within 30 days of the filing of the responsive - [Documents Do Not 'Speak for Themselves': Defeat Your Opponent's Meaningless Objections to Requests for Admission](https://www.ncbarblog.com/documents-do-not-speak-for-themselves-defeat-your-opponents-meaningless-objections-to-requests-for-admission/) - You served the following request for admission and got this response: Request: Admit that the second paragraph of the contract attached as Exhibit A states: “… (verbatim quote).” Answer: The document speaks for itself. Is this an appropriate objection? Numerous federal courts have held that asserting that a document “speaks for itself” is not a - [Section Members Make Great Lunch Companions](https://www.ncbarblog.com/section-members-make-great-lunch-companions/) - I have had the honor and privilege as Section Chair to have lunches around the state with our lively and interesting Section Members. The latest gathering was a great turnout and a fun group at Babalu in Charlotte for $2 Taco Tuesday. If you would like to schedule a lunch, dinner or any type of - [Managing Misclassification: What You Should Know About the Employee Fair Classification Act](https://www.ncbarblog.com/managing-misclassification-what-you-should-know-about-the-employee-fair-classification-act/) - The Employee Fair Classification Act (EFCA), adopted by the North Carolina General Assembly in August, goes into effect on December 31, 2017. Here’s what employers and employees need to know. The EFCA’s Purpose The EFCA was enacted to address the practice of misclassifying employees as “independent contractors,” an issue which gained state-wide, and later national, - [Gov. Cooper’s Executive Order On LGBTQ Employment Rights: An Effective Mandate For State Agencies and Contractors Or a Toothless Tiger?](https://www.ncbarblog.com/gov-coopers-executive-order-on-lgbtq-employment-rights-an-effective-mandate-for-state-agencies-and-contractors-or-a-toothless-tiger/) - On Oct. 18, 2017, Gov. Roy Cooper signed Executive Order No. 24, and he tweeted that North Carolina was taking “another step forward” in making North Carolina a more “welcoming place to all.” The EO prohibits discrimination, harassment, or retaliation on the basis of any of the following protected classes: race, color, ethnicity, national origin, - [Paralegal Potpourri Friday](https://www.ncbarblog.com/paralegal-potpourri-friday-2/) - Happy Friday! We hope you enjoyed our last edition of Potpourri Friday! Read on to find out what’s in this week’s edition! Real Estate Paralegals Needed for Real Estate Section Project The Real Property Section needs assistance in compiling data for all 100 counties across the state by those who handle real estate. The information - [Our Firm Let Insurance Providers Compete and Wound Up Saving 13% On Our 2018 Healthcare Costs](https://www.ncbarblog.com/our-firm-let-insurance-providers-compete-and-wound-up-saving-13-on-our-2018-healthcare-costs/) - Remember the good old days when healthcare benefits were provided at a premium level for a small additional cost to the employer? Many of us have not been around long enough to enjoy that recollection! Today, healthcare costs are a major line item in most law firms' budgets and these costs are growing at an - [KORUS Renegotiation Update](https://www.ncbarblog.com/korus-renegotiation-update/) - North Carolina maintains deep economic ties with the Republic of Korea. In fact, the State of North Carolina maintains a trade-facilitation office in Seoul that is designed “to support export activity” and “to facilitate foreign direct investment into North Carolina.” This article provides you with a primer on recent developments regarding the renegotiation of the - [Bart Goodson: N.C. House Speaker’s Chief of Staff on Serving the Public](https://www.ncbarblog.com/bart-goodson-n-c-house-speakers-chief-of-staff-on-serving-the-public/) - “There is no greater challenge and no greater honor than to be in public service.” - [Secretary of State News Flash: Big Changes to Business Annual Report Laws](https://www.ncbarblog.com/secretary-of-state-news-flash-big-changes-to-business-annual-report-laws/) - During the 2017 long session, the General Assembly enacted laws making two major changes to business Annual Reports filed with the Secretary of State (SOS). The short version is that effective on January 1, 2018: ALL corporate Annual Reports must now be filed directly with the Secretary of State’s office, and Annual Report forms will be changed to - [House Bill 707: What's New With Lien Agents?](https://www.ncbarblog.com/house-bill-707-whats-new-with-lien-agents/) - In late June 2017, the North Carolina General Assembly passed legislation revising the Lien Agent statutes. Because these changes involve upgrades and changes to the www.LiensNC.com website, the effective date for the new law is October 1, 2018. So, what’s new? 44A-11.1(f) now provides for a designated lien agent to accept renewals and cancellations of Notices to Lien - [The Kissing Defense: Professional Athletes, Drugs and the 'No Fault/No Significant Fault' Tests in Arbitration](https://www.ncbarblog.com/the-kissing-defense-professional-athletes-drugs-and-the-no-fault-no-significant-fault-tests-in-arbitration/) - Arbitration and Reducing a Suspension Under the No Fault/No Significant Fault Tests In 2014, Major League Baseball (“MLB”) and the MLB Players Association (the “MLBPA”) agreed to a joint drug prevention program aimed at strengthening the detection and enforcement against players’ use of prohibited recreational and performance-enhancing drugs (“PEDs”).[1] As part of the agreement, MLB - [Of Interest: Fantasy Sports Legalization, Tax Reform, Kaye v. Cartoon Network](https://www.ncbarblog.com/of-interest-fantasy-sports-legalization-tax-reform-kaye-v-cartoon-network/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section. Connecticut Takes Major Step Toward Fantasy Sports Legalization LA Lakers Not Entitled to Insurance Coverage for Violation of TCPA, Ninth Circuit Holds Tax Reform: Focus on the Sports Industry Kaye v. Cartoon Network, - [Recent Fourth Circuit Decisions](https://www.ncbarblog.com/recent-fourth-circuit-decisions/) - The 4th U.S. District Court of Appeals has been relatively quiet as of late, at least with respect to employment law, but there are two fairly recent decisions worth flagging. On Nov. 28, 2017, in a published decision, the Fourth Circuit affirmed the Western District’s grant of summary judgment in Penley v. McDowell County Board of - [What Your Trial Court Administrator Wants You to Know, Part I: Triad and Sandhills](https://www.ncbarblog.com/what-your-trial-court-administrator-wants-you-to-know-part-i-triad-and-sandhills/) - and Bridget Warren Picture this: You’re about to file a Motion to Dismiss. You filed one last month, too. But was that in Guilford County . . . or Mecklenburg County? You can’t remember. When do you have to file a Notice of Hearing? How do you submit a calendar request? Sound familiar? Attorneys practicing - [The UNC Cancer Pro Bono Legal Project Needs You!](https://www.ncbarblog.com/the-unc-cancer-pro-bono-legal-project-needs-you/) - If you have already volunteered as a supervising attorney with the UNC School of Law’s Cancer Project, you know how meaningful advance directive documents can be in bringing peace of mind to individuals facing daunting and difficult medical situations. If you have not had the chance to volunteer in this role, you are invited to - [Paralegal Potpourri Friday](https://www.ncbarblog.com/paralegal-potpourri-friday-3/) - Happy Friday! 2017 is quickly coming to a close. Take a minute to catch up on the latest news around the Paralegal Division you might have missed. Holiday Closings Don’t forget to check the calendars of your local courts, government agencies and federal courts for when they will be closed over the holidays. State Courts - [Smart Contracts: What Are They and What Do They Mean for International Trade?](https://www.ncbarblog.com/smart-contracts-what-are-they-and-what-do-they-mean-for-international-trade/) - Editor’s Note: The below article is the last in a three-part series about blockchain and its implications on international trade. Read the first and second articles here. Of all the blockchain-based innovations, smart contracts running off blockchain may be the most transformative for international trade. Smart contracts will go beyond eliminating the reliance on physical - [Giving Heart To the Tin Man: The Intersection Of the IT/OT in Modern Manufacturing](https://www.ncbarblog.com/giving-heart-to-the-tin-man-the-intersection-of-the-it-ot-in-modern-manufacturing/) - Protection of key manufacturing and critical infrastructure systems must be provided the same priority as other sectors of our economy if we are to protect basic operations and competitive superiority to which we have become accustomed.[1] Basic industrial and manufacturing operations that have long relied on commercial off-the-shelf products are sitting targets to the same - [What State and Local Governments Need To Know About the FCC's Net Neutrality Repeal](https://www.ncbarblog.com/what-state-and-local-governments-need-to-know-about-the-fccs-net-neutrality-repeal/) - Government and public sector attorneys may not have thought the FCC's net neutrality repeal had direct impact on their work. This article, on the newsletter Route Fifty, however, provides information on a little-publicized feature of the FCC's net neutrality repeal. The net neutrality repeal apparently also sets out an FCC policy of broadly expanding preemption - [NAFTA Renegotiations Update](https://www.ncbarblog.com/nafta-renegotiations-update/) - To many readers of this page, December thoughts regarding the North American Free Trade Agreement (“NAFTA”) might commonly arise in the context of preparing annual NAFTA certificates of origin. Origin documentation and other aspects of NAFTA compliance have become commonplace as the realities of a North American trading region have taken root and affected the - [Chair’s Comments: Happy Holidays As We Look Forward To a Productive 2018!](https://www.ncbarblog.com/chairs-comments-happy-holidays-as-we-look-forward-to-a-productive-2018/) - It’s hard to believe that Christmas is almost upon us – I have found that it’s true that the older you get, the faster time flies by! We all need to stop, take a deep breath, enjoy all of the blessings we have, and remember the reason for the season! With that in mind, I - [Five N.C. Business Court Pro Tips, From the Law Clerk Perspective](https://www.ncbarblog.com/five-n-c-business-court-pro-tips-from-the-law-clerk-perspective/) - Recently I asked a few Business Court law clerks the following question: What are some practice pointers that you would give to attorneys appearing before the Court? Although I clerked at the Business Court and should presumably have some insight into my own question, it’s been a while since I clerked so I thought it - [The CLE You Need On NC's New Power of Attorney Act](https://www.ncbarblog.com/the-cle-you-need-on-ncs-new-power-of-attorney-act/) - If you deal with matters related to power of attorney in North Carolina, you’ve probably heard the rules changed on Jan. 1. Your next best chance to get up to speed on these changes comes on Wednesday, Jan. 10, with a video replay of the North Carolina Uniform Power of Attorney Act CLE at the - [On Vaccinations, Religion and What Buddha Really Said](https://www.ncbarblog.com/on-vaccinations-religion-and-what-buddha-really-said/) - As flu season begins, so begin the arguments over accommodations for hospital employees whose religious (or sincerely held nontheistic) beliefs prohibit them from taking the flu vaccine. Two recent court decisions should help medical providers and employees better understand the Title VII requirements for religious accommodations and its definition of religion. Here in North Carolina, - [A County Attorney Counts Her Blessings](https://www.ncbarblog.com/a-county-attorney-counts-her-blessings/) - When I am worried and I can’t sleep, I count my blessings instead of sheep. And I fall asleep counting my blessings. Since we’ve reached the start of a new year, I thought this might be a good time to look back and list the things, as a county attorney, that I am thankful for - [MacCord’s List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-11/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. International Trademark Classification Changes: Final - [Reflecting and Reacting: Set Your 2018 Career Goals](https://www.ncbarblog.com/reflecting-and-reacting-set-your-2018-career-goals/) - It’s that time of year again! A time for pause and reflection on where we started, where we ended, what went right, what didn’t, and how to improve our current trajectory through life. Yes, a better diet, more sleep, more exercise, etc., are certainly important, but what about your 2018 career resolutions? Being happy and successful - [None Of Your Business In Our Jurisdiction](https://www.ncbarblog.com/none-of-your-business-in-our-jurisdiction/) - On Nov. 7, 2017, the North Carolina Court of Appeals delivered a split opinion in Atlantic Coast Properties, Inc. v. Saunders, holding that a corporation’s failure to plead its legal existence and capacity to sue lacked standing to maintain a legal action. 807 S.E.2d 182 (N.C. Ct. App. 2017). The case was before the court - [Is Standard International Antitrust Enforcement Possible? The Virgin v. British Airways Case](https://www.ncbarblog.com/is-standard-international-antitrust-enforcement-possible-the-virgin-v-british-airways-case/) - One of the most important functions of antitrust law is fighting against abuse of dominance or monopolization. Companies with high market shares and strong market power can exclude incumbents or potential entrants. Although national legislation and decisions of national authorities may differ, abusive behavior of a dominant firm in a given country should be deemed - [International Law & Practice Section Reception with LL.M. Students](https://www.ncbarblog.com/international-law-practice-section-reception-with-ll-m-students/) - For the past several years, members of the International Law and Practice Section have enjoyed meeting international Master of Laws (LL.M.) students from North Carolina law schools at a reception hosted by the Section. In the beautiful setting of the Bar Center in early fall, members have connected with LL.M.s such as Young lawyers from - [Nemo Est Supra Leges](https://www.ncbarblog.com/nemo-est-supra-leges/) - The recent U.S. Immigration and Customs Enforcement nationwide I-9 Employment Eligibility Verification Audit of 7-Eleven stores reminds us that no one is above the law. In the early morning hours of Jan. 10, 2018, ICE reportedly visited 98 7-Eleven locations and made 21 arrests in what is being called the largest worksite compliance operation targeting - [Tax Reform: Selected Planning Points](https://www.ncbarblog.com/tax-reform-selected-planning-points/) - Below are selected planning points regarding recent tax changes. This summary does not discuss which provisions are temporary and which are permanent. A. Bunching Into One Year Charitable Contributions That Would Otherwise Be Made Over Several Years The new tax law raises the standard deduction to $24,000 for married couples filing jointly. Only $10,000 of - ['A Very Happy Accident': Tom McCormick On His 40-Year Career With the City Of Raleigh](https://www.ncbarblog.com/a-very-happy-accident-tom-mccormick-on-his-40-year-career-with-the-city-of-raleigh/) - In September of 2017, Thomas A. McCormick, Jr., announced his plan to retire as the City Attorney for the City of Raleigh after serving in that position for over 40 years. I’m one of many lawyers who has had the opportunity to work with Tom, and I’m sure there are many more who would be interested - [Update on EEOC v. Mission Hospital](https://www.ncbarblog.com/update-on-eeoc-v-mission-hospital/) - In my last post, On Vaccinations, Religion and What Buddha Really Said, I briefly discussed the case of EEOC v. Mission Hospital. In that case, the EEOC alleged Mission violated Title VII when it required employees to request accommodations to the mandatory vaccination policy by Sept. 1, but allowed employees to obtain vaccinations until Dec. - [Two New Published 4th Circuit Opinions](https://www.ncbarblog.com/two-new-published-4th-circuit-opinions/) - The 4th Circuit has been active in employment cases during the past couple of weeks, issuing several published and unpublished opinions. The following are the two most recent published opinions: [1] In EEOC v. Maryland Insurance Administration, No. 16-2408 (4th Cir. Jan. 5, 2018), the 4th Circuit adopted a standard that places a heavy burden on - [Professional Resolutions: Think Beyond the Four Walls of Your Office](https://www.ncbarblog.com/professional-resolutions-think-beyond-the-four-walls-of-your-office/) - Welcome to 2018! I must admit this post has been a few weeks in the making. Between the dusting of snow right after the new year that cancelled school for a few days to digging out from more snow last week (and more cancelled school), I had trouble finding time to squeeze in everything I wanted - [What Your Trial Court Administrator Wants You to Know, Part II: Western Region](https://www.ncbarblog.com/what-your-trial-court-administrator-wants-you-to-know-part-ii-western-region/) - and Bridget Warren In our first installment of this three-part series, we discussed advice given by the TCAs in Cumberland, Forsyth and Guilford counties. Now, we turn to the Western part of the state and highlight what the TCAs of Buncombe and Mecklenburg counties want you to know. Rule No. 5: Know Your Local Rules - [Reservation Of Rights Letter Found Insufficient By South Carolina Supreme Court](https://www.ncbarblog.com/reservation-of-rights-letter-found-insufficient-by-south-carolina-supreme-court/) - The South Carolina Supreme Court issued a decision on July 26, 2017, which provides some good information regarding the purposes and requirements of reservation of rights (ROR) letters. The Court held in Harleysville Group Insurance Corporation v. Heritage Communities, Inc., 803 S.E.2d 288 (S.C. 2017), that an insurer’s ROR letter in a construction defect case - [Late Notice Under Claims-Made Policy Torpedoes Claim](https://www.ncbarblog.com/late-notice-under-claims-made-policy-torpedos-claim/) - A recent ruling by the federal district court in Raleigh, NC highlights the different treatment the courts give to the late notice defense under a claims-made liability insurance policy versus an occurrence-based policy. The insurer has a clearer opportunity under claims-made policies to defeat coverage when the insured’s notice of a claim is late. The - [Mere Disagreement With Claim Valuation Not Enough For Unfair And Deceptive Trade Practice Or Bad Faith Claim Against Insurer](https://www.ncbarblog.com/mere-disagreement-with-claim-valuation-not-enough-for-unfair-and-deceptive-trade-practice-or-bad-faith-claim-against-insurer/) - In a recent unpublished decision, the North Carolina Court of Appeals reviewed whether an insurer’s handling of a claim constituted, inter alia, an unfair and deceptive trade practice. Jackson v. Century Mutual Ins. Co., 2017 WL 3863901 (N.C. App. 2017). Split 2-to-1, the Court ultimately affirmed summary judgment for the insurer. Jackson involved a claim - [Proposed Pattern Jury Instructions, Comment Requested](https://www.ncbarblog.com/proposed-pattern-jury-instructions-comment-requested/) - The Insurance Law Section Council prepared and approved last spring four proposed Pattern Jury Instructions relating to insurance litigation. Those proposed instructions, which may be seen on the Section website, cover the following topics: First-party bad faith; Expected or intended injury exclusion in CGL policy; Expected or intended injury exclusion in homeowners’ policy; and UM/UIM - [Vince Lombardi, ‘Groundhog Day’ and the Pursuit of Perfection](https://www.ncbarblog.com/vince-lombardi-groundhog-day-and-the-pursuit-of-perfection/) - What, pray tell, does legendary football coach Vince Lombardi have in common with the comedic actor Bill Murray? The pursuit of perfection. “Perfection,” Lombardi famously stated, “is not attainable, but if we chase perfection we can catch excellence.” As for Murray, it wasn’t what he said about perfection, it was what his character did about - [What Happens Next With Raise the Age In North Carolina?](https://www.ncbarblog.com/what-happens-next-with-raise-the-age-in-north-carolina/) - On Thursday, Jan. 11, the N.C. Juvenile Jurisdiction Advisory Committee (JJAC) met for its second meeting since the passage of the Juvenile Justice Reinvestment Act. During the meeting, several presenters addressed the committee with research data and considerations for the juvenile justice system prior to and after the changes to the law are implemented. N.C. - [How I Emerged Refined: My Moot Court Experience](https://www.ncbarblog.com/how-i-emerged-refined-my-moot-court-experience/) - This was a serious project, and I resolved to do my best on my individual assignments and as part of the team to ensure that we were successful. Upon receipt of the case presented, rules guiding the competition, and deadlines, preparations were underway. I familiarized myself with what transpired in the lower courts and researched - [Coming Soon To a Street Near You: 50-Foot Wireless Cell Phone Towers](https://www.ncbarblog.com/coming-soon-to-a-street-near-you-50-foot-wireless-cell-phone-towers/) - With the adoption of H.B. 310 (S.L. 2017-159), all municipalities and the N.C. Department of Transportation must allow the location of “small wireless facilities” in the public rights-of-way. Here are a few FAQs about the application of the law. When is HB 310 / S.L. 2017-159 effective? It became effective in July, upon adoption. If - [MacCord’s List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-12/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please click on the links below for the most recent updates. On Jan. 25, the ninth - [Of Interest: A Win For Dr. Seuss, Ruling On 'Empire,' Tax Cut Repercussions](https://www.ncbarblog.com/of-interest-a-win-for-dr-seuss-ruling-on-empire-tax-cut-repercussions/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section. Dr. Seuss Enterprises, L.P. v. ComicMix LLC Empire Strikes Back: First Amendment Protects TV Series Title Tax Cut and Jobs Act to Cause Significant Financial Disruption to Sports and Entertainment Businesses United States - [In re Janssen: Continued Evolution Of the Obviousness-Type Double Patenting Doctrine](https://www.ncbarblog.com/in-re-janssen-continued-evolution-of-the-obviousness-type-double-patenting-doctrine/) - On Jan. 23, 2018, the Federal Circuit in In re Janssen held that a patent issuing from a continuation-in-part (CIP) application is not eligible for 35 USC § 121 safe harbor protection, even if the patent is re-categorized as a divisional application during reexamination. Thus, the court determined that the patent at issue—US 6,284,471 (the - [Two NC Law Schools Send Moot Court Teams To National Finals](https://www.ncbarblog.com/two-nc-law-schools-send-moot-court-teams-to-national-finals/) - Moot court teams from two North Carolina law schools continued their successful seasons with strong showings at the 68th Annual National Moot Court Competition last week at the New York City Bar Association. Both Campbell School of Law's team of student advocates and Wake Forest University School of Law’s National Moot Court Team competed after Campbell topped - [Current Legal Issue: Muhammad Ali Sues Fox](https://www.ncbarblog.com/current-legal-issue-muhammad-ali-sues-fox/) - On June 3, 2016, boxing legend Muhammad Ali passed away from sepsis in an Arizona hospital, after a long fight with Parkinson’s disease.[1] Ali was known for his brash, braggadocious banter before bouts, as much as he was known for his fighting style in the ring. Many, including (and especially) Ali himself, regard him as the - [Apostrophe Misuse: The 'Greatest Solecism' In the Punctuation World?](https://www.ncbarblog.com/apostrophe-misuse-the-greatest-solecism-in-the-punctuation-world/) - As I expected, my last column on the Oxford comma generated some lively feedback — and a topic for this month’s column. It turns out that there is another punctuation mark that causes almost as much angst among the readership as the Oxford comma: the apostrophe. The readership is apparently in good company; in 2014, - [Getting Liquidated Damages in Your Default Judgment](https://www.ncbarblog.com/liquidated-damages-in-your-default-judgment/) - Owners, if you want liquidated damages to be included in your default judgment against a contractor, then be sure to plead the LDs in your complaint. In Aoun & Cole, Inc. v. Fitzpatrick, a new, unpublished opinion from the N.C. Court of Appeals, the court affirmed an order under Rule 60(b)(6) setting aside liquidated damages - [How To Manage the Confluence Of Construction Law and Intellectual Property](https://www.ncbarblog.com/how-to-manage-the-confluence-of-construction-law-and-intellectual-property/) - Construction lawyers may face myriad issues related to intellectual property, including patents, copyrights, trademarks and trade secrets. Intellectual property disputes can create substantial economic risks and even completely shut down an otherwise successful construction project. While these issues often are misunderstood, the intellectual property issues that arise most often in construction can be easily recognized - [Welcome To the Young Lawyers Division Blog!](https://www.ncbarblog.com/welcome-to-the-young-lawyers-division-blog/) - Welcome to the new YLD Blog! We hope that this Blog will provide insight and information into all the great work that is being accomplished by our volunteer attorneys. We plan to use the YLD Blog to provide substantive practice pointers, tips on well-being, information on YLD events and projects and updates on YLD committee - [Racial Equity Report Cards Expose Disproportionate Discipline Rates in NC Schools](https://www.ncbarblog.com/racial-equity-report-cards-expose-disproportionate-discipline-rates-in-nc-schools/) - From the Youth Justice Project The Youth Justice Project of the Southern Coalition for Social Justice has released Racial Equity Report Cards for each of the state’s 115 school districts and one for the state as a whole. The Report Cards, released in January, use public data on academic achievement, school discipline and juvenile court - [Paralegal Potpourri](https://www.ncbarblog.com/paralegal-potpourri/) - Hello! Take a minute to catch up on the latest news around the Paralegal Division. Career Toolbox 101: Do I Need A Briefcase? Business Communications In The Law Office Wednesday, Feb. 21, 2018 from 6:30–8:30 p.m. North Carolina Bar Center, 8000 Weston Parkway, Cary, NC 27513 Free event for students, job seekers and all interested - [Reminder: CLE Opportunities Thursday and Friday in Pinehurst](https://www.ncbarblog.com/reminder-cle-opportunities-thursday-and-friday-in-pinehurst/) - Join top business lawyers and international law practitioners in Pinehurst for two days of North Carolina Bar Association CLE and networking. Thursday kicks off at 8 a.m. with a three-hour ethics medley video replay, followed by the 2018 Business Law Institute, planned by the NCBA Business Law Section, in the afternoon. On Friday, the 2018 - [NC Court of Appeals Determines Mediation In Public Records Dispute Is Jurisdictional](https://www.ncbarblog.com/nc-court-of-appeals-determines-mediation-in-public-records-dispute-is-jurisdictional/) - Just before the holidays, the N.C. Court of Appeals issued its opinion in Tillett v. Town of Kill Devil Hills (17-433). The case involved a former judge who brought suit under The North Carolina Public Records Act to compel the Town of Kill Devil Hills to produce requested documents. The appellate court ruled that the - [Federal Income Tax Update](https://www.ncbarblog.com/federal-income-tax-update-2/) - This is the first of two installments of this article. I. Audit Statistics; What Are Your Chances of Being Audited? The 2016 Internal Revenue Service Data Book (IR-2017-69) contains audit statistics for the fiscal year ending September 30, 2016. Here are the audit statistics for returns filed for calendar year 2015 (“CY 2015”): A. Audit - [Free CFIUS Webinar, Wednesday, Feb. 28, Noon to 1 p.m.](https://www.ncbarblog.com/free-cfius-webinar-wednesday-feb-28-noon-to-1-p-m/) - West Legal Ed’s Federal Publications Seminars will host a free one-hour briefing on legislative and policy developments relating to the Committee on Foreign Investment in the United States (CFIUS). CFIUS reviews proposed foreign investment in U.S. companies for potential national security concerns. U.S. companies that serve the federal government must stay abreast of how the - [Federal Income Tax Update, Part I](https://www.ncbarblog.com/federal-income-tax-update-2-2/) - I. Audit Statistics; What Are Your Chances of Being Audited? The 2016 Internal Revenue Service Data Book (IR-2017-69) contains audit statistics for the fiscal year ending September 30, 2016. Here are the audit statistics for returns filed for calendar year 2015 (“CY 2015”): A. Audit Rates for Individual Income Tax Returns. Only .7% of individual - [Attorney-Rapper Lex-Jordan Ibegbu Relies On Both Rhyme and Reason](https://www.ncbarblog.com/attorney-rapper-lex-jordan-ibegbu-relies-on-both-rhyme-and-reason/) - When summoning the confidence to impress a judge or woo a jury, young attorney Lex-Jordan Ibegbu relies on his years as a rapper growing up in Southeast Raleigh, where he spent much of his time writing rhymes and speaking his truth to crowds big and small. “Rapping has given me a certain level of comfort - [What BNPP Can Tell Us About Halkbank: Why Running Afoul Of U.S. Sanctions Regulations Is Bad For Business](https://www.ncbarblog.com/what-bnpp-can-tell-us-about-halkbank-why-running-afoul-of-u-s-sanctions-regulations-is-bad-for-business/) - Mehmet Hakan Atilla, a high level banker at the Turkish state-controlled Halkbank, was convicted on January 3, 2018 of helping Iran circumvent international sanctions and gain access to billions in restricted petrodollar funds.[1] Throughout the trial, witnesses described a conspiracy to avoid U.S.-imposed Iranian sanctions that was allegedly supported by the highest levels of the - [Final FDA Guidance: Keeping the Surgical Suite from Becoming a Manufacturing Facility](https://www.ncbarblog.com/final-fda-guidance-keeping-the-surgical-suite-from-becoming-a-manufacturing-facility/) - An early focus of the U.S. Food and Drug Administration (FDA) under the new leadership of FDA Commissioner Scott Gottlieb, MD, has been regenerative medicines, which “hold significant promise for transformative and potentially curative treatments for some of humanity’s most troubling and intractable maladies.” One of the areas of regenerative medicine that can be particularly - [MacCord's List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-13/) - Art MacCord is a patent attorney with 38 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Please see below for the most recent updates. Extension of the Extended Missing Parts Pilot Program - [Blockchain and Its Implications For IP](https://www.ncbarblog.com/blockchain-and-its-implications-for-ip/) - As I continue to stay abreast of the latest technical developments involving computer related technology, the IP implications are becoming less clear. Being heavily involved in cybersecurity, I have been making the case that the cybersecurity field needs IP attorneys to bridge gaps that we are used to bridging—such as being a liaison between the - [We Must Embrace Diversity To Meet Today's Challenges](https://www.ncbarblog.com/we-must-embrace-diversity-to-meet-todays-challenges/) - While seeing “The Darkest Hour,” the award-nominated movie about the early months of World War II in Britain, I was impressed that Winston Churchill chose to effectively use his coalition war cabinet, a group of diverse individuals. Reflective of the 1930’s, this group of leaders did not have gender or racial diversity. However, it did - [Mid-Year Meeting Update From the ABA House of Delegates](https://www.ncbarblog.com/mid-year-meeting-update-from-the-aba-house-of-delegates/) - Fellow members of the YLD: My name is Bryan Norris, and I serve as your American Bar Association State Bar Delegate, representing the NCBA YLD within the North Carolina delegation to the ABA’s House of Delegates. On February 5, 2018, the American Bar Association held its Mid-Year Meeting, where the House of Delegates considered a - [Items of Interest: German IP Law and Esports, Mark Hammill, Media Modernization](https://www.ncbarblog.com/items-of-interest-german-ip-law-and-esports-mark-hammill-media-modernization/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section. Let the games begin: German IP law in the world of esports Endorsement Lands Mark Hamill in TINA’s Sarlacc Pit Next Media Modernization Proposals – Eliminate FCC Filing Requirement for Certain Broadcast Licensee - [In the Wake of Charlotte School Of Law's Demise, What Awaits Those Left Behind?](https://www.ncbarblog.com/in-the-wake-of-charlotte-school-of-laws-demise-what-awaits-those-left-behind/) - “404.” That’s all that’s left of the Charlotte School of Law — a 404 website unavailable message indicating that the law school has closed, effective Aug. 11, 2017. The message also includes directions for anyone seeking documentation previously housed and maintained by the law school. Henceforth and forevermore, records pertaining to attendance, performance or graduation - [Supreme Court Decision in Digital Realty Trust, Inc. v. Somers Removes Protections for Whistleblowers, But Effects Are Limited](https://www.ncbarblog.com/supreme-court-decision-in-digital-realty-trust-inc-v-somers-removes-protections-for-whistleblowers-but-effects-are-limited/) - and Kevin P. Murphy On February 21, 2018, Justice Ginsburg sent shock waves through the employment bar—specifically those practicing whistleblower law—with the Court’s decision in Digital Realty Trust, Inc. v. Somers, No. 16-1276 (February 21, 2018). This decision significantly limits whistleblower protections under the Dodd-Frank Act. However, it is not the proverbial slippery slope. Justice Ginsburg - [Allan Head: Leader, Mentor, Advocate, Friend](https://www.ncbarblog.com/allan-head-leader-mentor-advocate-friend/) - The Paralegal Division, the NCBA, and the world lost a great man on February 17, 2018 with the passing of former, longtime NCBA Executive Director Allan Head. Allan was a staunch supporter of paralegals and the driving force behind the creation of the Legal Assistants Division, now the Paralegal Division. Allan worked closely with past - [Recent Court Opinions](https://www.ncbarblog.com/recent-court-opinions-3/) - The courts have been busy so far this year with employment law decisions. Here are some of the latest: Digital Realty Trust, Inc. v. Somers, No. 16-1276 (U.S. Feb. 21, 2018): If you want whistleblower protections under the Dodd-Frank Wall Street Reform and Consumer Protection Act, then you’d better blow your whistle at the Securities - [Make Your Writing More ‘Impactful’: Banish Trendy Words](https://www.ncbarblog.com/make-your-writing-more-impactful-banish-trendy-words/) - Recently, as I was scrolling through Facebook, I saw a link to a list that piqued my interest: “Lake Superior State University’s 43rd Annual List of Banished Words.”[1] It turns out that Lake Superior State University has been publishing this list every year since 1975, and over 900 words are now on the master list. - [Forming an LLC: Walking Your Client Through the Paperwork, Part 1](https://www.ncbarblog.com/forming-a-llc-walking-your-client-through-the-paperwork-part-1/) - Do you ever go into autopilot when you work? If you had to stop and walk through the business formation process with a client, could you? Taking time to write down processes and procedures can be beneficial and time saving, especially for tasks you only do occasionally. Fortunately, Mollie Schwam, NCCP, and her attorneys at - [2017 Bills Of Interest To Zoning, Planning & Land Use Section](https://www.ncbarblog.com/2017-bills-of-interest-to-zoning-planning-land-use-section/) - A handful of complicated bills of interest to this section were adopted during the 2017 “long session.” Highlights include: S.L. 2017-10 (SB 131, the “regulatory relief” act) Sec 2.4 amends rezoning “consistency statement” for municipalities and counties, effective 10/1/2017. N.C. Gen. Stat. §§ 153A-341 and 160A-383 are amended to provide a menu of 3 “consistency” - [From the Chair: ZPLU At the Forefront Of Change](https://www.ncbarblog.com/from-the-chair-zplu-at-the-forefront-of-change/) - Growing up in Hickory, N.C., I once thought that the entire world ran on furniture and textile mills. How much has changed in 30 years: North Carolina’s population has exploded, with people flocking to places to like Charlotte and the Research Triangle, while other parts of the state struggle. Amid this growth, our state continues - [What Your Trial Court Administrator Wants You to Know, Part III: Eastern Region](https://www.ncbarblog.com/what-your-trial-court-administrator-wants-you-to-know-part-iii-eastern-region/) - and Bridget Warren For our third and final installment of this series (you can read Part I and Part II here), we head to the coast and summarize what the TCA and TCC of New Hanover County want you to know about practicing in their county. Rule No. 10: Know Your Local Rules (Third Time’s the Charm) For the - [CLE Lunch & Learn: How Do Diverse Legal Teams Perform Better?](https://www.ncbarblog.com/cle-lunch-learn-how-do-diverse-legal-teams-perform-better/) - Join the Antitrust & Complex Business Disputes Section and the Intellectual Property Law Section, live or via webcast, for a discussion of diversity in the legal workplace. The program Performance and the Bottom Line: How Diverse Legal Teams Perform Better takes place Wednesday, April 25 at the Bar Center in Cary. Registration link available soon. During the CLE-credit - [Save the Date For the ACBD Section Annual Meeting, Feb. 7, 2019](https://www.ncbarblog.com/save-the-date-for-the-acbd-section-annual-meeting-feb-7-2019/) - It's never too early to block off your calendar for the ACBD Annual Meeting. It's on for Feb. 7, 2019 at the Bar Center in Cary. That's the when and where. Details on who and what to come. - [Supreme Court May Soon Tell You Whether a Denial Of State Action Immunity Is Immediately Appealable](https://www.ncbarblog.com/supreme-court-may-soon-tell-you-whether-a-denial-of-state-action-immunity-is-immediately-appealable/) - The U.S. Supreme Court has granted a petition for certiorari in the case of Salt River Project Agricultural Improvement & Power District v. SolarCity Corp., No. 17-368 (U.S. Sept. 7, 2017). If you advise state agencies or local governments, you will want to take note of what the court determines. In this case, SolarCity Corporation - [NCBA Annual Meeting '18 Features 6.0 Hours Of CLE, Included In Registration](https://www.ncbarblog.com/ncba-annual-meeting-18-features-6-0-hours-of-cle-included-in-registration/) - Register by May 1 to save your spot at the President's Luncheon and CLE sessions. Welcome Reception on the Cape Fear: Kickoff party on the banks of the Cape Fear outside Wilmington Convention Center with beach music, food and fun. All attendees are invited. Thursday, June 21 at 5:30 p.m. Annual Meeting Awards Dinner: We’re - [The Future Has Arrived; Come Take a Look At Annual Meeting](https://www.ncbarblog.com/the-future-has-arrived-come-take-a-look-at-annual-meeting/) - “The future is already here – it’s just not very evenly distributed.” – William Gibson I’ve thought about that quote a lot over this bar year, particularly when watching the work of our newly formed Future of Law Committee. That committee, convened by President Caryn McNeill on July 1, 2017, is charged with helping the NCBA - [Say Hello To the Small Firm & Technology Section](https://www.ncbarblog.com/say-hello-to-the-small-firm-technology-section/) - Interested in a leadership role in the new Section? Contact Pegeen Turner or Matt Van Sickle. Welcome to the Small Firm & Technology Section. It has taken us about a year, but we are now rolling out our new name. As of the NCBA Board of Governors meeting on Thursday, Jan. 25, the Law Practice Management - [An Untapped Source of Savings for State and Local Government Owners of Property](https://www.ncbarblog.com/an-untapped-source-of-savings-for-state-and-local-government-owners-of-property/) - , J.M. Durnovich and Cosmo Zinkow Introduction It is almost unheard of that a state or local government entity is able to tap into a new source of cost savings that has not already been tapped. Fortunately, however, as a result of a recent administrative ruling from the North Carolina Department of Administration, state and local government - [Sunday Best: Catch Up on the Week's Top NCBarBlog Posts](https://www.ncbarblog.com/sunday-best-catch-up-on-the-weeks-top-ncbarblog-posts/) - Here's what NCBarBlog readers found most interesting on our pages this week: Make Your Writing More ‘Impactful’: Banish Trendy Words What Your Trial Court Administrator Wants You to Know, Parts 1, 2 and 3: Triad and Sandhills, Western Region and Eastern Region In the Wake of Charlotte School Of Law’s Demise, What Awaits Those Left - [Launching the Appellate Practice Section Blog with Exciting News!](https://www.ncbarblog.com/launching-the-appellate-practice-section-blog-with-exciting-news/) - The Appellate Practice Section is pleased to join the network of Sections and Divisions providing great content through the North Carolina Bar Association’s NCBarBlog. Tyler Brooks and I are working together to publish blog content for the Appellate Practice Section, and we encourage our members to contact us with proposals for blog posts and - [Insurance Law Section Members Author New Insurance Litigation Guide](https://www.ncbarblog.com/insurance-law-section-members-author-new-insurance-litigation-guide/) - A newly published LexisNexis Practice Guide entitled “North Carolina Insurance Litigation (2018 edition)” is now available. This publication was authored and edited by members of the Pinto Coates Kyre & Bowers PLLC firm, most of whom are members of this Section. Some other attorneys from around the state were also contributing authors, many of whom - [Supreme Court Hears Review Process Case NC BOE v. State of NC Et Al.](https://www.ncbarblog.com/supreme-court-hears-review-process-case-nc-boe-v-state-of-nc-et-al/) - The North Carolina Supreme Court heard oral arguments in February in N.C. State Board of Education v. The State of North Carolina and the N.C. Rules Review Commission in which the BOE is seeking a determination as to whether or not it is exempt from the review process almost all state agencies must use before - [Trade Creditor Had No Right to Bring Deceptive Trade Practice Claim Against Liability Insurer of Tortfeasor/Insured](https://www.ncbarblog.com/trade-creditor-had-no-right-to-bring-deceptive-trade-practice-claim-against-liability-insurer-of-tortfeasor-insured/) - On February 20, 2018, the North Carolina Court of Appeals upheld a ruling of the North Carolina Business Court that provides further clarification on whether a claimant with a judgment against the insured may sue the insurer for deceptive trade practices. USA Trouser, S.A. de C.V. v. Williams, 2018 WL 943639 (N.C.App. 2018). In this - [Token Offers By UIM Insurer Do Not Constitute Unfair Claims Settlement Practice](https://www.ncbarblog.com/token-offers-by-uim-insurer-do-not-constitute-unfair-claims-settlement-practice/) - In Elliott v. Am. States Ins. Co. 2018 U.S. App. LEXIS 3952 (4th Cir. 2/20/2018), the 4th Circuit held that a UIM insurer, in a claim where the tortfeasor’s liability coverage had already been paid, did not violate paragraphs (f), (g) and (h) of N.C.G.S. § 58-63-15 (11) by declining to make an offer until - [A Win For Arbitration In 2018](https://www.ncbarblog.com/a-win-for-arbitration-in-2018/) - In the world of public opinion, alternative dispute resolution still struggles to compete with its crusty cousin – the traditional, costly, and lengthy trial process. For years, parties interested in enforcing arbitration provisions in lieu of trial have wrestled with the obstacle of unclear North Carolina appellate precedent as to whether courts would compel mandatory arbitration when the parties - [Court of Appeals Allows Section 75-1.1 Claim in Context of Residential Real Estate Transaction](https://www.ncbarblog.com/court-of-appeals-allows-section-75-1-1-claim-in-context-of-residential-real-estate-transaction/) - Courts have generally excluded residential real estate transactions from North Carolina’s Unfair and Deceptive Trade Practice statute, section 75-1.1. A recent decision from the North Carolina Court of Appeals, called Capps v. McSwain, addressed this exemption. This post explores this decision—including the reasons behind the exemption. Can a Sagging Deck Support 75-1.1 Liability? During the - [Our Annual Workshop In Kiawah Is Just Two Months Away](https://www.ncbarblog.com/our-annual-workshop-in-kiawah-is-just-two-months-away/) - On Wednesday, March 7, the Tax Section Council met at the Mecklenburg County Bar Center in Charlotte, and so I wanted to give everyone an update on some of the things happening in our Section. First and foremost, Kevin May and his CLE Committee have organized an outstanding CLE agenda for the 17th Annual North - [Sunday Best: Catch Up On the Week's Top NCBarBlog Posts](https://www.ncbarblog.com/sunday-best-catch-up-on-the-weeks-top-ncbarblog-posts-2/) - Here’s what NCBarBlog readers found most interesting on our pages this week: Court of Appeals Allows Section 75-1.1 Claim in Context of Residential Real Estate Transaction An Untapped Source of Savings for State and Local Government Owners of Property A 12(b)(6) Motion Asserted As Part Of An Answer Will Not Suffice, At Least Not In - [NC's New Expunction Law Offers Juvenile Offenders a Fresh Start](https://www.ncbarblog.com/ncs-new-expunction-law-offers-juvenile-offenders-a-fresh-start/) - and Daniel Bowes When prosecutors, defense attorneys, people with criminal records and advocates from the right and left agree on a criminal justice policy reform, one can have a fairly strong degree of confidence in the measure. Last year, Session Law 2017-195: Expungement Process Modifications enjoyed such widespread and bipartisan support as it moved through - [Items of Interest: Hidden Liability of March Madness Pools, Powerball Winner Sues for Anonymity](https://www.ncbarblog.com/items-of-interest-hidden-liability-of-march-madness-pools-powerball-winner-sues-for-anonymity/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section. Risky Wager – The Hidden Liability Of March Madness Office Pools Woman Who Won $560M Powerball Jackpot Sues For Anonymity Sources: College Hoops Corruption Case Poised To Take Down Hall Of Fame Coaches, - [Phyllis Pickett: A Woman for All Seasons](https://www.ncbarblog.com/phyllis-pickett-a-woman-for-all-seasons/) - Having grown up in the Burgaw area of North Carolina, Phyllis Pickett saw a very diverse profile of North Carolina in the early years of her life. She recognized the strengths and weaknesses of a community of farmers, small town businesses, military individuals from nearby installations and the struggles of a small Eastern North Carolina - [NC Court of Appeals Issues Decisions Analyzing Disability Post-Wilkes](https://www.ncbarblog.com/nc-court-of-appeals-issues-decisions-analyzing-disability-post-wilkes/) - The Court of Appeals recently released two decisions that analyzed issues relating to disability – specifically, the burden of proving futility – post-Wilkes v. City of Greenville. In Adame v. Aerotek, an unpublished decision, Plaintiff sustained a low back injury in June 2013. After receiving conservative treatment with multiple doctors, Plaintiff was ultimately released with - [Sunday Best: Catch Up On the Week’s Top NCBarBlog Posts](https://www.ncbarblog.com/sunday-best-catch-up-on-the-weeks-top-ncbarblog-posts-3/) - Here’s what NCBarBlog readers found most interesting on our pages this week: NC Free Legal Answers: Pro Bono At Your Fingertips NC’s New Expunction Law Offers Juvenile Offenders a Fresh Start Phyllis Pickett: A Woman for All Seasons NC Court of Appeals Issues Decisions Analyzing Disability Post-Wilkes Paralegal Potpourri Friday: PD Annual Meeting, CPE, Awards, - [Paralegal Potpourri Friday: PD Annual Meeting, CPE, Awards, Nominations, Etc.](https://www.ncbarblog.com/paralegal-potpourri-friday-pd-annual-meeting-cpe-awards-nominations-etc/) - Happy Spring! It is (finally) time to put away those winter coats and enjoy warmer days with lots of sunshine! Take a minute to catch up on the latest news around the Paralegal Division. Paralegal Division Annual Meeting Registration is open for the 2018 Paralegal Division Annual Meeting and CPE. The event is being held May - [ICO Primer: A Revolution in Startup Financing or a Regulatory Nightmare?](https://www.ncbarblog.com/ico-primer-a-revolution-in-startup-financing-or-a-regulatory-nightmare/) - A. What Are ICOs? With the recent emergence of Initial Coin Offerings (“ICOs”), financing for startups has never been more accessible. The term ICO refers to the process of raising capital through the issuance of digital coins, known as tokens, on a blockchain ledger. These tokens, unlike cryptocurrency coins, not only serve as a medium - [Jack of All Trades: Embrace It](https://www.ncbarblog.com/jack-of-all-trades-embrace-it/) - It’s an oft-repeated refrain when referring to government work — Jack of all trades; Master of none. Sadly, it’s a cliché because it’s true. I’ve been the in-house county attorney for Randolph County for 21 years now. Twenty-one years. You’d think that after 21 years, I’d have this county attorney thing down pat, but that’s - [Sunday Best: Catch Up On the Week’s Top NCBarBlog Posts](https://www.ncbarblog.com/sunday-best-catch-up-on-the-weeks-top-ncbarblog-posts-4/) - Here’s what NCBarBlog readers found most interesting on our pages this week: ICO Primer: A Revolution in Startup Financing or a Regulatory Nightmare? Jack of All Trades: Embrace It On Fonts: Why Lawyers Should Switch To Century Schoolbook Employer’s Attempt At Repayment Of Training Costs Can Backfire Causing Employee Misclassification Under the FLSA NC Free - [Free Durham Bulls Game For Your Thoughts On the New Small Firm & Technology Section](https://www.ncbarblog.com/free-durham-bulls-game-for-your-thoughts-on-the-new-small-firm-technology-section/) - Solo, Small Firm & General Practice and Law Practice Management & Technology Sections have merged into Small Firm & Technology … and we’re changing things up! If you would like to be a part of the new section, we welcome your ideas and invite you to our Strategic Planning Meeting at the Durham Bulls Athletic Park. - [2018 Health Law Section Annual Meeting and Joint CLE With the Litigation Section](https://www.ncbarblog.com/2018-health-law-section-annual-meeting-and-joint-cle-with-the-litigation-section/) - Want to learn more about the state of health care in North Carolina directly from guest speaker Mandy Cohen, Secretary of NC Department of Health & Human Services? Sec. Cohen will speak about North Carolina's transition to Medicaid managed care, combating the opioid crisis and improving early childhood health and education. Please plan to join - [Join Us For the Upcoming CLE: Forecast: Cloudy With a Chance Of Reform](https://www.ncbarblog.com/join-us-for-the-upcoming-cle-forecast-cloudy-with-a-chance-of-reform/) - and Fred Moreno “It is best to read the weather forecast before we pray for rain.” - Mark Twain, “More Maxims of Mark” by Merle Johnson (1927) Administrative lawyers should hesitate before relying too much on any legal forecasting that is so - [Can You Spare a Post or Two?](https://www.ncbarblog.com/can-you-spare-a-post-or-two/) - You may have noticed that our postings have gotten sparser over the past couple of months—and I think it’s because the editors are tired. When we developed the blog, our hope was that section members would submit posts and we would edit those contributions, only stepping in to write when needed. Instead, other than the - [ICOs Primer: 'SEC Compliant' Initial Coin Offerings](https://www.ncbarblog.com/icos-primer-sec-compliant-initial-coin-offerings/) - As the Securities and Exchange Commission greater asserts itself against non-compliant Initial Coin Offering tokens, an increasing number of ICO issuers have attempted to comply with SEC regulations by offering tokens pursuant to SEC exemptions or by framing the tokens as utilities rather than securities. Utility tokens are tokens that represent a service or a - [Road Trip! Road Trip!](https://www.ncbarblog.com/road-trip-road-trip/) - In recognition of the Supreme Court of North Carolina’s 200th birthday, Chief Justice Martin recently announced that the Court is going to put on a road show. North Carolinians living outside Raleigh soon will be able to watch the high court in action without having to travel far. For as long as anyone now living can - [Federal Income Tax Update, Part II](https://www.ncbarblog.com/federal-income-tax-update-part-ii/) - I. No Tax Basis Increase for Loan Guaranties Even After the S Corporation Loan Is Called in Full. An S corporation shareholder may deduct his/her pro rata share of any losses sustained by the corporation, but those loss deductions are limited to the sum of (a) the shareholder’s adjusted tax basis in the stock, and - [2018 Health Law Section Annual Meeting and Joint CLE With the Litigation Section](https://www.ncbarblog.com/2018-health-law-section-annual-meeting-and-joint-cle-with-the-litigation-section-2/) - Have you heard of the opioid epidemic, but don’t know much about it? Or, perhaps you’ve heard of it and have been wondering what North Carolina is doing to address it – either way, we’ve got you covered at the Health Law Section Annual Meeting & Joint CLE with the Litigation Section! Come hear N.C. - [Items of Interest: Awaiting SCOTUS On NJ Sports Betting, Miley Cyrus, 'Stranger Things'](https://www.ncbarblog.com/items-of-interest-awaiting-scotus-on-nj-sports-betting-miley-cyrus-stranger-things/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section. Making Supreme Court Sausage: How the NJ Sports Betting Decision Will Be Made Here’s How The Supreme Court’s Upcoming Sports Betting Decision Could Push Congress To Action Sports Betting Could Complicate NCAA’s Amateurism - [No Internal Complaints Under Dodd-Frank? Not So Fast.](https://www.ncbarblog.com/no-internal-complaints-under-dodd-frank-not-so-fast/) - In Digital Realty Trust, Inc. v. Somers, 138 S.Ct. 767 (2018), a unanimous Supreme Court recently held that in order to be a whistleblower entitled to the anti-retaliation protections under the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, an employee must have provided pertinent information to the SEC. Accordingly, the Court held - [Happy 20th Anniversary To the Paralegal Division!](https://www.ncbarblog.com/happy-20th-anniversary-to-the-paralegal-division/) - It seems like yesterday that we were celebrating our 15th Anniversary at the Grandover in Greensboro and at The Grove Park Inn in Asheville. I’m excited to share that we will be celebrating our 20th anniversary at the Pinehurst Resort May 3-4, 2018. The celebration kicks off Thursday evening, May 3, with a reception starting - [NC Free Legal Answers: Pro Bono At Your Fingertips](https://www.ncbarblog.com/nc-free-legal-answers-pro-bono-at-your-fingertips-expansive-access-to-legal-services/) - I was hopeless and out of answers when I typed “PLEASE HELP! :-( :-( :-( ” in the subject line of my post and hit send. Out it went into the ether of a free online Excel forum. Tears of surprise and elation welled up in my eyes when an Excel forum expert from Belgium - [Raising the Age Raises Questions. This CLE Has Answers.](https://www.ncbarblog.com/raising-the-age-raises-questions-this-cle-has-answers/) - Over the next two years, North Carolina’s juvenile justice system will undergo some of the most significant changes in its history. Chief among these changes is the implementation of Raise the Age legislation (Juvenile Justice Reinvestment Act) that will expand juvenile court jurisdiction to include most 16- and 17-year olds by December 2019. While raising - [Forming an LLC: Walking Your Client Through the Paperwork, Part 2](https://www.ncbarblog.com/forming-an-llc-walking-your-client-through-the-paperwork-part-2/) - This is the second in a two-part series. Read part one here. Now that you have submitted the client’s Articles of Organization to the North Carolina Secretary of State’s office for filing, it’s time to prepare a draft operating agreement. The operating agreement of a Limited Liability Company (“LLC”) is an internal company document that - [New ERISA Disability Claims Regulations Take Effect: Part I](https://www.ncbarblog.com/new-erisa-disability-claims-regulations-take-effect-part-i/) - and Caitlin H. Walton This is the first installment of our three-part series on ERISA’s new disability claim-processing procedures. Here we will focus on the background leading up to the implementation of the new regulations. Not all days are created equal. Some just seem to soak up more glory than others. This year, for example, Dec. - [Annual Meeting Preview: Five Questions With Fastcase CEO Ed Walters](https://www.ncbarblog.com/annual-meeting-preview-five-questions-with-fastcase-ceo-ed-walters/) - This year's NCBA Annual Meeting features a rockstar lineup of legal innovators from around the country. Among them is Ed Walters, CEO of Fastcase and a leader in Artificial Intelligence integrations for the legal profession. Walters will present a CLE titled “Ethics of Artificial Intelligence” on Saturday, June 23 at 12:30 at the Wilmington Convention Center. Registration - [2018 Health Law Section Annual Meeting and Joint CLE with the Litigation Section](https://www.ncbarblog.com/2018-health-law-section-annual-meeting-and-joint-cle-with-the-litigation-section-3/) - Have you kept up with the General Assembly and proposed legislation that affects the health care industry? If not, no need to worry, we’ve done it for you! Please join us this Friday, April 27, 2018, to hear Cody Hand provide his annual legislative update at the Health Law and Litigation Sections’ joint CLE program - [Law 101: Overview of the Rule 30(b)(6) Deposition](https://www.ncbarblog.com/law-101-overview-of-the-rule-30b6-deposition/) - Federal Rule of Civil Procedure 30(b)(6) Rule 30(b)(6) of the Federal Rules of Civil Procedure, along with analogous rules under state law, provides a tremendous discovery tool for litigators. Unlike the depositions of named witnesses, depositions under Rule 30(b)(6) require that an organization designate and prepare an individual to testify as to all delineated information - [New ERISA Disability Claims Regulations: Five Things You Need To Know](https://www.ncbarblog.com/new-erisa-disability-claims-regulations-five-things-you-need-to-know/) - and Caitlin H. Walton In the second installment of our three-part series on ERISA’s new disability claim-processing procedures, we will focus on what we believe are the five most significant changes to the regulations. Read part one here. 1. Plans must allow claimants to review and respond to new information. The Final Rule prohibits plans from - [Business Section Members: Welcome to Your New Blog](https://www.ncbarblog.com/business-section-members-welcome-to-your-new-blog/) - This announcement marks a major turning point for the Business Law Section as we transition from our traditional newsletter to our new blog. Jim Beckwith edited our newsletter for many years and, with his retirement, we decided to switch to a vehicle that will, we hope, offer more frequent delivery of news including updates on - [N.C. Supreme Court Rules That Brokers May Testify on the Issue of Fair Market Value](https://www.ncbarblog.com/n-c-supreme-court-rules-that-brokers-may-testify-on-the-issue-of-fair-market-value/) - In a recent opinion, the North Carolina Supreme Court expanded the possibilities of allowable testimony about a property's fair market value. In its decision in North Carolina Department of Transportation v. Mission Battleground Park, DST, 810 S.E.2d 217 (N.C. 2018), the court held that the trial court had improperly excluded the testimony of a commercial real - [When 'The Mask' Grows Too Heavy, BarCARES Can Help](https://www.ncbarblog.com/when-the-mask-grows-too-heavy-barcares-can-help/) - Ten years ago I found myself in quite a quandary. My law partner had been appointed to the bench so I was practicing family law and criminal law (his former caseload) at the same time. I was also carrying the financial responsibility of three attorneys (don’t ask). As you can imagine, I was in court - [Board-Led Prayer: Reasons to Beware](https://www.ncbarblog.com/board-led-prayer-reasons-to-beware/) - Legislative prayer[1] is under attack and the challenges appear far from over. Our Fourth Circuit’s Lund v. Rowan County[2] decision, on rehearing en banc, declaring Rowan County’s[3] prayer practices unconstitutional is a perfect illustration. Despite years of protracted litigation, Lund's appellate history and that of its sister cases[4] represent the fundamental difficulty our courts have - [In the Environment of Change: EENR Three-State CLE & Annual Meeting](https://www.ncbarblog.com/in-the-environment-of-change-eenr-three-state-cle-annual-meeting/) - There's a new twist to this year's Environment, Energy, & Natural Resources Law Section Annual Meeting and CLE Program in Asheville, May 11-12. It will be the first-ever three-state joint conference bringing together environmental attorneys, regulators, and consultants from Georgia, North Carolina and South Carolina for continuing legal education and professional development. Planners from each - [The Chair's Comments: Here's To Living In Interesting Environmental Law Times](https://www.ncbarblog.com/the-chairs-comments-heres-to-living-in-interesting-environmental-law-times/) - In the last EENR newsletter, I remarked what an interesting time it is to practice environmental law. Evolving environmental policy, changing regulations, and interesting court cases make this a fascinating area of law. Two cases involving North Carolina lawyers that were in the news during the weeks since our last newsletter highlight this fact even - [Blockchain and Potential Impacts to Agriculture and Food Safety](https://www.ncbarblog.com/blockchain-and-potential-impacts-to-agriculture-and-food-safety/) - Blockchain, the distributed, immutable, public ledger technology that underlies popular cryptocurrencies like Bitcoin, has the potential to impact all realms of commerce by removing inefficient third-party intermediaries from industry systems and processes. The food industry, particularly livestock and agricultural production, is fraught with administrative headaches and a lack of transparency. These problems make the food - [Air, Water and Soil Impacts of GenX: Health Goals, Ongoing Investigations and the Litigation Front](https://www.ncbarblog.com/air-water-and-soil-impacts-of-genx-health-goals-ongoing-investigations-and-the-litigation-front/) - and Edmund Woloszyn The Chemours Company plant in Fayetteville produces a wide variety of films, fibers, and specialty chemicals at a 2,000-acre facility on the border of Cumberland and Bladen Counties along the banks of the Cape Fear River. E. I. du Pont de Nemours and Company (DuPont) owned and operated the Fayetteville Works Facility - [North Carolina’s Participation in the Volkswagen Settlement](https://www.ncbarblog.com/north-carolinas-participation-in-the-volkswagen-settlement/) - On September 18, 2015, the U.S. Environmental Protection Agency (EPA) cited the Volkswagen Group of America, Inc. (VW) with a Notice of Violation (NOV) for noncompliance of Section 203(a)(3)(B) of the Clean Air Act (CAA), 42 U.S.C. § 75229(a)(3)(B). This NOV was issued because Volkswagen manufactured and installed defeat devices in certain model year 2009 - [New ERISA Disability Claims Regulations: Final Words On the Final Rule](https://www.ncbarblog.com/new-erisa-disability-claims-regulations-final-words-on-the-final-rule/) - and Caitlin H. Walton In the final installment of our three-part series on ERISA’s new disability claim-processing procedures, we will wrap up our discussion by providing a run-down of the remaining changes to the regulations. Click here to read part one and here to read part two. Independence and impartiality This change is arguably Part Two worthy, but we - [For Section 75-1.1, the Dividing Line Between Contract and Non-Contract Claims Can Be Fuzzy](https://www.ncbarblog.com/for-section-75-1-1-the-dividing-line-between-contract-and-non-contract-claims-can-be-fuzzy/) - North Carolina courts have, on several occasions, attempted to describe the dividing line between ordinary breach of contract claims and claims that allege “substantial aggravating circumstances” relating to a breach. The latter category of claims violate N.C. Gen. Stat. § 75-1.1. This blog post unpacks a recent decision that sheds light on this dividing line. - [The Start of the Legislative Session](https://www.ncbarblog.com/the-start-of-the-legislative-session/) - On May 16, the North Carolina General Assembly will return to Jones Street, and the 2018 short session will convene. Legislators and staff have been publicly stating that this session will be a quick six-week session, and then legislators will be out in time to fundraise and campaign for the November midterms. While this seems - [An Uncertain Future: The US Pulls Out Of the Iran Deal](https://www.ncbarblog.com/an-uncertain-future-the-us-pulls-out-of-the-iran-deal/) - , Mark D. Herlach, James Lindop and Victoria Turner Reprinted with permission from Eversheds Sutherland. President Trump announced last week that the US will withdraw from the Iran nuclear deal and will begin re-imposing those sanctions which were lifted as part of the Joint Comprehensive Plan of Action (“JCPOA”). In a move which former President Obama has described - [Report Provides Snapshot Of NC State Government Attorneys' Activities](https://www.ncbarblog.com/report-provides-snapshot-of-nc-state-government-attorneys-activities/) - Lawyers employed by the state of North Carolina should be aware of the new report to the Joint Legislative Program Evaluation Oversight Committee by the Program Evaluation Division, Legislative Services Office, General Assembly (called “PED” in this post). The report makes no recommendations about the use of lawyers in State government or staffing levels. It - [The “NOT To-Do List” to Manage Tasks and Distractions](https://www.ncbarblog.com/the-not-to-do-list-to-manage-tasks-and-distractions/) - Paul Unger's presentation on taming digital chaos is one of 6.0 hours of CLE included with your NCBA Annual Meeting registration. Sign up now to reserve your space. Social Media, Facebook, Instagram, client fires, 24-hour news, Trump, hurricanes, murders, crime, Russia, North Korea, 150 emails a day, constant interruptions, … It’s too much for us - [Can Technology End Sexual Harassment In the Workplace?](https://www.ncbarblog.com/can-technology-end-sexual-harassment-in-the-workplace/) - The founders of Callisto, STOPit and TalkToSpot think it might. These are three different technology tools created by people passionate about combatting issues of sexual assault and harassment. Are your clients ready for them? The Technologies Callisto was developed in response to the outrage over rampant sexual assault on college campuses. Its underlying premise is - [You May Want To Give Nondisclosure Provisions Another Look](https://www.ncbarblog.com/you-may-want-to-give-nondisclosure-provisions-another-look/) - Whether in the context of an M&A transaction or the hiring of a key employee, business attorneys often find themselves drafting three standard contractual provisions aimed at protecting the business interests of their clients: noncompetition, nonsolicitation, and nondisclosure. While noncompetition and nonsolicitation provisions have long been scrutinized because of their inherent effect as restraints on - [NCBA Law Student Reps Experience the Power of NCBA Membership Firsthand](https://www.ncbarblog.com/ncba-law-student-reps-experience-the-power-of-ncba-membership-firsthand/) - The NCBA Young Lawyers Division created its Law Student Representative program to empower law students to serve their schools and the NCBA through programming and networking. Law Student representatives serve as the “boots on the ground” at each North Carolina law school, providing information to their colleagues about the NCBA and creating opportunities for themselves - [Leaping the Digital Divide: Policies and Partnerships to Improve Broadband Access Across NC](https://www.ncbarblog.com/leaping-the-digital-divide-policies-and-partnerships-to-improve-broadband-access-across-nc/) - The article that follows is pulled from excerpts of a policy paper initiated, published and co-authored by the N.C. League of Municipalities (NCLM) as part of an effort to encourage statewide policy that better enables public-private partnerships that create better broadband access in communities across our state. NCLM views this effort as crucial to ensuring - [Paralegal Potpourri: Celebrating Members, Our 20th Anniversary, Annual Meeting & More](https://www.ncbarblog.com/paralegal-potpourri-celebrating-members-our-20th-anniversary-annual-meeting-more/) - May is an exciting month at the Bar Center. Hopefully you’ve seen the various announcements about May being Member Appreciation Month where, “Members come first at the NCBA, and this year we wanted to do a little extra to express our gratitude, so we’re kicking off our first-ever Member Appreciation Month.” Check out the blog post on May - [Activate Employee Protections Before Disability Symptoms Cause 'Bad' Behavior](https://www.ncbarblog.com/activate-employee-protections-before-disability-symptoms-cause-bad-behavior/) - For employees with a disability, managing symptoms can be a continual struggle. Particularly in the area of mental health and other “unseen” conditions, many employees with a disability feel torn between disclosing their disability and asking for a reasonable accommodation, or keeping quiet out of fear that they will be subjected to judgment or retaliation - [Exciting News: The Peacemaker Is Now A Blog!](https://www.ncbarblog.com/exciting-news-the-peacemaker-is-now-a-blog/) - Attention all Dispute Resolution Section members: Your DR Council recently voted to join the ranks of most other NCBA Sections to create a blog page to replace the outdated newsletter system we had been using for Section communications. This new system will allow more rapid communication and more visibility. As a valued member of the - [Shareholder Inspection Rights for Closely Held Corporations](https://www.ncbarblog.com/shareholder-inspection-rights-for-closely-held-corporations/) - The North Carolina Business Court recently strengthened the hands of minority shareholders in closely-held corporations. N.C. Gen. Stat. § 55-16-02(b) affords qualified shareholders the right to “inspect and copy: (1) [r]ecords of any final action taken with or without a meeting of the board of directors . . . ; (2) [a]ccounting records of the - [Student Composer Pens an Ode to NCBA's Law Day](https://www.ncbarblog.com/student-composer-pens-an-ode-to-ncbas-law-day/) - When the 60th anniversary of Law Day was observed last month, Travis Ramsey took it upon himself to do something special. Ramsey is not a member of the Young Lawyers Division, which annually organizes these festivities, or the North Carolina Bar Association. Nor is he a member of the N.C. Bar Center staff. Ramsey is - [Sports Gambling In NC? What Local Governments Should Be Considering](https://www.ncbarblog.com/sports-gambling-in-nc-what-local-governments-should-be-considering/) - As most people reading this blog have probably heard, the U.S. Supreme Court recently decided the matter of Murphy v. NCAA. In short, the Court ruled that the Professional and Amateur Sports Protection Act (PAPSA) which essentially prohibited the states from authorizing betting on sports, is unconstitutional. What followed was largely a reaction that legalized - [WFU Law School Mom: This Is How She Does It](https://www.ncbarblog.com/wfu-law-school-mom-this-is-how-she-does-it/) - "I don’t know how you do it!”—that’s the response I usually get when I tell someone that I’m in law school and a parent. I’m never sure how to respond because, frankly, I don’t know how I do it, either. Law school is stressful and demanding for anyone, and it’s no surprise that having a - [Practicing the Golden Rule In Your Professional Life](https://www.ncbarblog.com/practicing-the-golden-rule-in-your-professional-life/) - There is one lesson I learned early in my life which has served me well personally and professionally: The Golden Rule. It was important in grade school, and is a life lesson that will carry you far. Treat others as you would yourself wish to be treated. The Golden Rule is a simple motto that - [Member Highlights: Meet Our Children’s Champion Award Winner, Deana Fleming](https://www.ncbarblog.com/member-highlights-meet-our-childrens-champion-award-winner-deana-fleming/) - On May 10, 2018, the Juvenile Justice & Children’s Rights Section presented the inaugural Children’s Champion Award at our annual meeting to commemorate the section’s 20th anniversary. The award honors a member of the section who has demonstrated a longstanding commitment to protecting the rights of children and improving the administration of justice for court-involved - [Overtime, Non-Competes & Employee Medical Records: Three Topics for Employers in the Healthcare Field](https://www.ncbarblog.com/overtime-non-competes-employee-medical-records-three-topics-for-employers-in-the-healthcare-field/) - , Daniel Palmieri and Jenna Borders PAY AND OVERTIME ISSUES FOR HEALTHCARE WORKERS The Fair Labor Standards Act (FLSA) is the federal law that mandates the payment of a federal minimum wage and overtime pay to workers who do not fall within a specific FLSA exemption. The most common of these exemptions under the FLSA - [Litigation Section Honors Ward Black With Its Advocate's Award](https://www.ncbarblog.com/litigation-section-honors-ward-black-with-its-advocates-award/) - Janet Ward Black of Ward Black Law in Greensboro was honored on Feb. 7 as the 10th recipient of The Advocate’s Award. Presented as merited by the Litigation Section of the North Carolina Bar Association, the award recognizes “superstars” of the section and the legal profession. Amanda Martin, section chair, presented the award in Greensboro - [Items of Interest: Start Replying With 'STOP,' Armstrong Settles, DJ Khaled Exposed](https://www.ncbarblog.com/items-of-interest-start-replying-with-stop-armstrong-settles-dj-khaled-exposed/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section. New Law Exempts Minor League Baseball Players from Certain Federal Minimum Wage, Overtime Pay Laws Start Replying with “STOP” Did NFL Sack Older Security Personnel Based on Age? PGA Tour Accused of Bias - [Requirements for Submissions to the NCBA Sports & Entertainment Law Section Blog](https://www.ncbarblog.com/requirements-for-submissions-to-the-ncba-sports-entertainment-law-section-blog/) - Blog pieces are geared toward informing laypeople and practitioners of relevant legal issues and current legal events in the areas of sports and entertainment. It is a great opportunity to get published while in law school! Submission Requirements: Choose a current/relevant issue in Sports and Entertainment Law and advocate a position. A maximum of 1,500 - [White House ‘Blueprint to Lower Drug Prices’: Large Aspirations, Little Detail](https://www.ncbarblog.com/white-house-blueprint-to-lower-drug-prices-large-aspirations-little-detail/) - and Erin Atkins This article first appeared on the Arent Fox LLP Health Care Counsel blog. Following delays and much build up, the White House and the Department of Health and Human Services (HHS) have released their plan to address rising pharmaceutical prices and out-of-pocket costs directly impacting patients. The plan is known as the “American - [Thoughts After Kiawah](https://www.ncbarblog.com/thoughts-after-kiawah/) - It was great seeing many of you over the Memorial Day weekend at the Tax Section Annual Workshop in Kiawah. I am pleased to say that we are making arrangements to be back at Kiawah next Memorial Day for the 2019 Tax Section Workshop. I wanted to give out a special thank you to Kevin - [Paralegal Perspective: Working In the World of Craft Alcohol](https://www.ncbarblog.com/paralegal-perspective-working-in-the-world-of-craft-alcohol/) - I started working at Beer Law Center in September 2015 while I was in paralegal school at Meredith College. I was anxious to join the workforce and earn a paycheck. I knew nothing about beer and even less about the myriad laws surrounding the alcohol industry. After my first year working at Beer Law Center - [Recent Court Opinions](https://www.ncbarblog.com/recent-court-opinions-4/) - Thank you to everyone who has submitted posts during the past several weeks. Here are some of the latest opinions from the 4th Circuit and North Carolina appellate courts: Weckesser v. Knight Enterprises S.E., LLC, No. 17-1247 (4th Cir. June 12, 2018) (unpublished): What's in a name? When it’s a party’s name in an arbitration - [Recent Guidance On the 'State Supervision' Requirement](https://www.ncbarblog.com/recent-guidance-on-the-state-supervision-requirement/) - North Carolina State Board of Dental Examiners v. FTC, 1235 S. Ct. 1101 (2015), occupational licensing boards have struggled to discern what constitutes adequate “state supervision” over their activities in order to retain state action immunity. The Supreme Court did not provide much guidance on what is expected of that supervisor or what that supervisor - [Sustainers Give More Because They Understand the NCBA's True Value](https://www.ncbarblog.com/sustainers-give-more-because-they-understand-the-ncbas-true-value/) - Each year, the NCBA recognizes Sustainers, members who voluntarily pay twice the amount of their requisite membership dues. These funds support the NCBA's mission of public service and strengthen the community of lawyers and jurists who are its core supporters. Sustainers have been around since at least 1994. Until now, it has been a small - [Administrative Law Section Honors Nichols](https://www.ncbarblog.com/administrative-law-section-honors-nichols/) - Jack Nichols, director and attorney at Nichols, Choi & Lee, PLLC in Raleigh, N.C., is the 2018 recipient of the Administrative Law Award for Excellence, an annual award given by the Administrative Law Section of the North Carolina Bar Association. Nichols received the Administrative Law Award for Excellence on Friday, April 20, at the section’s - [Forget To Identify an Issue? No Problem!](https://www.ncbarblog.com/forget-to-identify-an-issue-no-problem/) - Question: When a brief writer is drafting Contentions or a Full Commission brief and identifies a compelling argument about an issue which was never raised, what can she do? Answer: Argue it anyway! Thanks to the North Carolina Court of Appeals in Haulcy v. Goodyear Tire & Rubber (June 5, 2018), parties who fail to raise an - [JJCR Section Member Wins National Recognition For Youth Justice Reform Efforts](https://www.ncbarblog.com/jjcr-section-member-wins-national-recognition-for-youth-justice-reform-efforts/) - Two North Carolinians – State Rep. Marcia Morey and Brandy Bynum Dawson – are being recognized as leaders in youth justice reform by the National Juvenile Justice Network (NJJN), based in Washington, D.C. The leadership awards honor advocates working at the state level who have championed the cause of youth justice reform. These individuals have - [Privacy and Data Security Law: Kind of a Big Deal](https://www.ncbarblog.com/privacy-and-data-security-law-kind-of-a-big-deal/) - One of the hottest areas in the law is privacy and data security. Both the NCBA and our colleagues at the North Carolina State Bar have noticed. In this inaugural blog post of the NCBA’s Privacy and Data Security Committee, we discuss two developments of which all North Carolina lawyers interested in this important field - [Checking In: New Feature Keeps You Up To Date On Career Moves and Changes](https://www.ncbarblog.com/checking-in-our-newest-feature-will-keep-you-up-to-date-on-career-moves-and-changes/) - Checking In: Career Moves and Changes is the newest regular feature on NCBarBlog.com. We'll update you here on hirings and promotions at North Carolina law firms and practices of any size. NCBA members and non-member attorneys and paralegals qualify for inclusion in the Checking In column, offered at no cost. Email all notifications to Kelly Connors, kconnors@ncbar.org. Please - [A Site For Your Sore Eyes](https://www.ncbarblog.com/a-site-for-your-sore-eyes/) - On June 19, 2018, the North Carolina Judicial Branch rolled out the new public website for our courts (https://www.nccourts.gov). The site is the culmination of the work of the Discovery Phase of the web redesign project and recommendations in the final report of the North Carolina Commission on the Administration of Law and Justice (NCCALJ). - [The Memory Of a Loss and a Fierce Passion Drive Felicia Atkinson](https://www.ncbarblog.com/the-memory-of-a-loss-and-a-fierce-passion-drive-felicia-atkinson/) - Congratulations to Felicia Atkinson the 2018 NCBA Paralegal Division Student Scholarship Winner. Felicia was recognized on May 4, 2018, at the Paralegal Division’s Annual Meeting at the Pinehurst Resort. As part of the application process, applicants submitted an essay on the topic “The Factors Which Lead Me to Enroll in Paralegal School.” The Paralegal Division - [NC Court of Appeals Clarifies When a Nonsignatory Can Compel Arbitration](https://www.ncbarblog.com/nc-court-of-appeals-clarifies-when-a-nonsignatory-can-compel-arbitration/) - and Steven Hemric Generally, only signatories to an arbitration agreement can compel one another to arbitrate their claims. However, in certain situations a nonsignatory may take advantage of an arbitration agreement between other parties. One such situation arises when a signatory to an arbitration agreement is "equitably estopped" from refusing to arbitrate its claims against - [Annual Meeting '18 Draws a Near-Record Crowd](https://www.ncbarblog.com/annual-meeting-18-draws-a-near-record-crowd-to-wilmington/) - It feels like just yesterday that the sun set across the Cape Fear River on the last night of the 2018 Annual Meeting in Wilmington. For decades, the attorneys of North Carolina have been meeting every summer to discuss changes to the law, to honor the most deserving in the profession, and to break bread - [Checking In: July 23, 2018](https://www.ncbarblog.com/checking-in/) - Pardis Camarda has joined Cranfill Sumner & Hartzog LLP as an associate based in its Wilmington office. Pardis will join the firm's Admiralty & Maritime Practice. Pardis previously worked as Staff Counsel at a law firm in Middletown, NY where she practiced injury litigation and as an associate at a Queens, NY law firm where she - [Call It What You Want, This Blog Thing Is Catching On](https://www.ncbarblog.com/call-it-what-you-want-this-blog-thing-is-catching-on/) - Welcome to your new NCBarBlog, NCBA members and guests. I hope you like the changes we’ve made because we made them with you in mind. With a new look and feel, and some upcoming tweaks to the member posting process, the NCBA blog community aspires to be a welcoming space where you can read, write - [Is the GDPR Coming to California? Ten Things You Need To Know About the California Consumer Privacy Act](https://www.ncbarblog.com/is-the-gdpr-coming-to-california-ten-things-you-need-to-know-about-the-california-consumer-privacy-act/) - and Mike Slipsky The ink had barely dried on the Alabama’s new data breach notification statute (which made it the 50th state to enact such legislation) when California upped the ante. In an effort to head off a November ballot initiative, the home state of Google, Facebook, and countless other Silicon Valley data-driven companies rushed - [NCGA 2018 Wrap Up: Abbreviated Short Session Produces Fewer Bills but More Proposed Constitutional Amendments](https://www.ncbarblog.com/ncga-2018-wrap-up-abbreviated-short-session-produces-fewer-bills-but-more-proposed-constitutional-amendments/) - The 2018 Short Session of the North Carolina General Assembly adjourned in late June and can boast something that many Short Sessions cannot: that it was genuinely short. What else made it memorable? An unusual adjournment resolution, a pre-negotiated state budget, a renewed interest in amending the North Carolina Constitution, campaign pressures, a record-breaking protest - [Can Lawyers Be Good Samaritans?](https://www.ncbarblog.com/can-lawyers-be-good-samaritans/) - We’re all familiar with the story of the Good Samaritan. Some states even have Good Samaritan laws. But did you know that a lawyer played a prominent role in the telling of the Good Samaritan parable? I will tell you, based upon first-hand experience, that hearing a reference to a lawyer in church sure will - [Welcome to the Dispute Resolution Blog!  Goodbye, Old School. Hello, Smart and Sassy!](https://www.ncbarblog.com/welcome-to-the-dispute-resolution-blog-goodbye-old-school-hello-smart-and-sassy/) - Big, big shoes to fill! I am excited to be a part of our inaugural blog that replaces the old-school Peacemaker, which served us well for decades. We are blessed with two fantastic editors who will edit and procure articles and launch us into this modern, easy, sassy way to communicate. Please send your ideas - [And in the blink of an eye, it’s over… ](https://www.ncbarblog.com/and-in-the-blink-of-an-eye-its-over/) - The 2017-2018 Bar year flew by, and the Paralegal Division accomplished many great things. On behalf of the Paralegal Division Council, we hope the following summary will make you proud to be one of more than 1,600 members across the state. Allow me to share some highlights from the year: Celebrating the 20th Anniversary of - [Avoid a Benchslap: Four Writing Tips You Ignore At Your Peril](https://www.ncbarblog.com/avoid-a-benchslap-four-writing-tips-you-ignore-at-your-peril/) - By Abigail Perdue Above the Law’s founder, David Lat, has been credited with coining the term “benchslap” in 2004.[1] It generally refers to a particularly scathing insult from a judge to an attorney, litigant, or on occasion, another judge. Benchslaps occur in many forms and for many reasons. For example, in Mannheim Video v. County of - [Works For Me Episode 1: Employment Law 101](https://www.ncbarblog.com/worksforme-1/) - The NCBA’s Labor & Employment Law Section is proud to introduce the first episode of our new podcast "Works for Me." It couldn’t have happened without the encouragement and unflagging support of Julianne Dambro, now the NCBA Director of Communities, Ann Anderson, the chair of our Section during 2017-18, Amber Nimocks, NCBA Digital Media Manager, - [The Litigation Section Needs You!](https://www.ncbarblog.com/the-litigation-section-needs-you/) - For the entire 26 years of my practice, I have been a litigator. While my practice also includes non-litigation matters such as lobbying and “legal crisis management” (a fixer, so to speak…), the core of what I do – and what I’ve done for my professional career – is litigate. I’ve also had the honor - [Checking In: Aug. 18, 2018](https://www.ncbarblog.com/checking-in-8-8-18/) - James King has joined Cranfill Sumner & Hartzog LLP as an associate based in its Raleigh office. King will join the firm’s Medical Malpractice Practice Group. King previously worked in the general litigation practice of a law firm in Greensboro. Prior to joining CSH Law, he worked on a variety of matters including the defense of - [Chief Justice’s Commission Issues Report With Blueprint For Improving Indigent Defense](https://www.ncbarblog.com/chief-justices-commission-issues-report-with-blueprint-for-improving-indigent-defense-2/) - On Dec. 2, 2016, the North Carolina Commission on the Administration of Law and Justice, which was the result of work by Chief Justice Martin, met for the final time. The commission worked through five committees, including the Criminal Investigation and Adjudication Committee. The Criminal Investigation and Adjudication Committee worked on several subjects, including the - [Top 10 Changes to the AIA A201: What You Need to Know](https://www.ncbarblog.com/top-10-changes-to-the-aia-a201-what-you-need-to-know/) - In 2017, as it does every ten years, the American Institute of Architects (AIA) updated most of its standard form contract documents, including the A201 General Conditions. This cycle, the contract changes are evolutionary in nature, not revolutionary. Even so, it is crucial to know the changes to avoid making a fatal mistake that could - [Add Your Two Cents: The Ethics Of Serving Clients Who Use Coins and Digital Assets](https://www.ncbarblog.com/add-your-two-cents-the-ethics-of-serving-clients-who-use-coins-and-digital-assets/) - An ethics inquiry regarding Digital Assets and Blockchain Businesses is currently being circulated for comment. Click here to read the inquiry: Coins and Digital Assets Ethics Request to NC Bar (June 2018). If you would like to provide a comment, please follow up directly with the State Bar as indicated below. The Ethics Committee is tentatively scheduled - [Pretrial Justice and Criminal Case Management Reform](https://www.ncbarblog.com/pretrial-justice-and-criminal-case-management-reform-2/) - One of the greatest honors in my professional career was serving on the N.C. Commission on the Administration of Law and Justice. As a member of the commission, I was assigned to the Committee on Criminal Investigation and Adjudication. Two of the topics we focused on were pretrial justice and criminal case management. Although various - [The GDPR: An Example Of the Extraterritorial Effects Of Regulations](https://www.ncbarblog.com/the-gdpr-an-example-of-the-extraterritorial-effects-of-regulations/) - The European Union’s (EU) new regulation on data protection, The General Data Protection Regulation (GDPR), went into effect on May 25, 2018, slightly more than two (2) years after it was accepted by the European Parliament on April 14, 2016. The EU has had regulations pertaining to data protection since 1995. However, the GDPR unifies - [Let's Recognize the Peacemakers Among Us](https://www.ncbarblog.com/lets-recognize-the-peacemakers-among-us/) - North Carolina is a leader in the country for innovative and effective dispute resolution for its citizens. That leadership came about through the hard work of North Carolina citizens who, in hindsight, seem to have had a crystal ball predicting the importance of aiding people in conflict to find ways to resolve their disputes outside - [Interested In Assisting With CLE? Let Us Know By Friday](https://www.ncbarblog.com/interested-in-assisting-with-cle-let-us-know-by-friday/) - By Holland Ferguson Dear Section Members, I hope everyone has had a wonderful summer. As many of you may know, we are in the process of planning two CLEs for our section. Click here for information on the Nov. 30 CLE. Details regarding the other CLE are forthcoming. In addition, the NCBA has asked if our - [Welcome To the Family Law Blog For 2018-19](https://www.ncbarblog.com/welcome-to-the-family-law-blog-for-2018-19/) - This year, your Family Law Section Communications Committee Chairs intend to put some structure into blog posting to show the rest of the NCBA that the Family Law Section is where to look for model behavior. Let’s face it: We kind of “win” against most other sections, right? What is blogging? It’s the “new” newsletter. - [Checking In: Sept. 4, 2018](https://www.ncbarblog.com/aug-15-checking-in/) - Ann Marie Holder has joined Colombo, Kitchin, Dunn, Ball & Porter, LLP in Greenville, N.C., as an associate attorney. Holder has worked in big and small firm practices, public counsel service, and the Governor’s Legal Counsel Office. Holder will practice in the areas of administrative law, estate and trust planning and administration, contract disputes and - [Small Firm & Technology Section Has Big Plans For 2018-19](https://www.ncbarblog.com/small-firm-technology-section-has-big-plans-for-2018-19/) - Welcome to the Small Firm & Technology Section. With our first blog post of the new bar year, we wanted to introduce ourselves and let you know our plans for this new Section. My name is Pegeen Turner. I am legal technology consultant with Legal Cloud Technology. I am most recently the chair of the - [Recent Court Opinions From NC COA and 4th Circuit](https://www.ncbarblog.com/recent-court-opinions-from-nc-coa-and-4th-circuit/) - Not a lot of fun cases over the past couple of months. Most of the cases presented here are about the North Carolina Human Resources Act (HRA) and turn on the minutia of the statutes and regulations. Here are the latest labor and employment cases: Hunt v. N.C. Dep’t of Pub. Safety, No. COA17-1244 (N.C. - [Opening Doors For Visiting Haitian Lawyers](https://www.ncbarblog.com/opening-doors-for-visting-haitian-lawyers/) - We shall not cease from exploration And the end of all our exploring Will be to arrive where we started And know the place for the first time. -- T.S. Eliot, Four Quartets Business, industry, law, and relationships straddle our oceans more often than not in a world increasingly connected through technology. It is imperative, - [Welcome to the 2018-2019 Bar Year!](https://www.ncbarblog.com/welcome-to-the-2018-2019-bar-year/) - Thank you for choosing to be a member of the Paralegal Division. I hope that you find your membership professionally satisfying and that you'll take advantage of the many member benefits offered by the North Carolina Bar Association. I'm honored to be serving as chair this year alongside a diverse group of paralegals from across - [NC COA Case Summary: Shell v. Shell](https://www.ncbarblog.com/nc-coa-case-summary-shell-v-shell/) - A custody order was entered in 2012. Plaintiffs are the paternal grandparents. Defendant is the father of the children, and Nicole is the mother. In 2012, Father was granted sole legal and physical custody of the children. Mother was granted visitation. Father lived with Grandparents at the time. After trial on the Motion to Modify, - [Save the Date For Our Annual Meeting: March 8, 2019](https://www.ncbarblog.com/save-the-date-for-our-annual-meeting-march-8-2019/) - The NCBA Health Law Section’s Annual Meeting and CLE Program has a new date and time for 2019. Please plan to join us at the Bar Center in Cary on March 8, 2019. We received great feedback about the extra networking opportunities at our 2018 program, so we are adding a networking breakfast to the - [Time Is Money](https://www.ncbarblog.com/time-is-money/) - On Aug. 28, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it is extending and expanding suspension of its premium processing service for cap-subject H-1B petitions as well as all H-1B petitions filed at the California and Vermont Service Centers. The original suspension applied only to cap-subject H-1B petitions and was set to expire - [Whether Employee Repayment Agreements Pass Muster Under The FLSA](https://www.ncbarblog.com/whether-employee-repayment-agreements-pass-muster-under-the-flsa/) - In an age of ever-increasing workforce transience, employers often seek ways to incentivize employees to commit to their organization through benefit programs such as relocation expenses, tuition reimbursement, sign-on and/or retention bonuses, and other monetary advances. Employers also spend a considerable amount of time and money training new employees. In an effort to recoup the - [Items Of Interest: President Trump, the Iranian Nuclear Deal and the FIFA World Cup](https://www.ncbarblog.com/items-of-interest-president-trump-the-iranian-nuclear-deal-and-the-fifa-world-cup/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section: How is President Trump’s withdrawal from the Iranian nuclear deal related to the FIFA World Cup? Seventh Circuit Upholds NCAA 'Year In Residence' Requirement For Transfers NHL Secures Federal Court Victory As Class - [Providing Legal Aid To Hurricane Florence Victims Will Help Them -- and You](https://www.ncbarblog.com/providing-legal-aid-to-hurricane-florence-victims-will-help-them-and-you/) - The feelings of panic and helplessness that overcame us as we watched Hurricane Florence ravage our state have dissipated only slightly as the skies have cleared. The persistent question remains: “How can I help?” The North Carolina Bar Association and Foundation have several answers to that question. Among them is NC Disaster Legal Services (NC - [A Family Practice. A Cunning Nurse. Does Section 75-1.1 Apply To Her Conduct?](https://www.ncbarblog.com/a-family-practice-a-cunning-nurse-does-section-75-1-1-apply-to-her-conduct/) - North Carolina law prohibits unfair or deceptive acts “in or affecting commerce.” But “commerce” doesn’t include “professional services rendered by a member of a learned profession.” This quoted language comes straight from Section 75-1.1. One clear takeaway from this language is that a professional’s treatment of a patient or client doesn’t violate Section 75-1.1. A medical - [Representing Employers In the #MeToo Era](https://www.ncbarblog.com/representing-employers-in-the-metoo-era/) - The Equal Employment Opportunity Commission reports that it has seen only about a 3 percent increase in sexual harassment charges since the #MeToo movement began roughly a year ago. However, a more significant increase may become apparent in early 2019, after the Agency compiles its charge-filing statistics for the fiscal year that runs from October - ['Big Pimpin’' and Moral Rights: A Look At a Ninth Circuit Copyright Appeal](https://www.ncbarblog.com/big-pimpin-and-moral-rights-a-look-at-a-ninth-circuit-copyright-appeal/) - Shawn Carter, professionally known as rapper and entrepreneur Jay-Z, released the hip-hop track “Big Pimpin’” in 2000. Like many songs in the hip-hop genre, “Big Pimpin’” contains a fair amount of profanity and suggestion. “Big Pimpin’” peaked at #18 on the “Billboard Hot 100” chart. The song also ranks at #467 on Rolling Stone’s “500 - [Case Summaries: August 2018 Unpublished](https://www.ncbarblog.com/case-summaries-august-2018-unpublished/) - The Unpublished Cases – August 2018 Just because they are unpublished doesn’t mean this blog won’t give them some attention, albeit brief. CATHERINE A. BOND, Plaintiff, v. MICHAEL MANFREDO, Defendant Mecklenburg County This case is about equitable distribution. The House: The pretrial order stated that the marital home in Denver, North Carolina was marital property. - [Welcome To the Bar Year, Education Law Section](https://www.ncbarblog.com/welcome-to-the-bar-year-education-law-section/) - Welcome to the Education Section! It is an exciting year for the Section and I encourage you to join and get involved. For those of you that don’t know me, my name is Chad Donnahoo and I am the Chair for 2018-2019. I work at Campbell Shatley, PLLC in Asheville and our firm specializes in - [New Blog Series: Paralegal Spotlight and Paralegal Perspectives](https://www.ncbarblog.com/new-blog-series-paralegal-spotlight-and-paralegal-perspectives/) - Greetings from your Communications Committee Co-Chairs, Mollie Schwam and Alicia Mitchell-Mercer. We want to introduce ourselves and provide an update regarding some exciting developments with regards to the Division blog. To promote the Division and its members, we will be adding two new blog series! First, we will be profiling one member of the Division - [Welcome To the Bankruptcy Section Blog!](https://www.ncbarblog.com/welcome-to-the-bankruptcy-section-blog/) - I am pleased to be part of the Bankruptcy Section’s initial blog post. While the Bankruptcy Section’s newsletter, the Disclosure Statement (and before that, the Bankruptcy Lawyer), served us well for decades, I am excited that the Bankruptcy Section has launched a more modern and updated way to communicate with our members. Many thanks to - [To My Dearest Florence:](https://www.ncbarblog.com/to-my-dearest-florence/) - The ravaging of my beautiful hometown of New Bern and the decimation of so many wonderful homes and families has broken my heart and irreversibly altered my soul. The images, videos, and stories cannot do justice to the devastation experienced by those hit hardest. There are not words to express the feelings swirling deep in - [Case Summary: Watson 2018 - Equitable Distribution](https://www.ncbarblog.com/case-summary-watson-2018-equitable-distribution/) - Equitable Distribution, Unequal Distribution of Marital Property, Classification, Valuation; COA17-899; August 2018 Dwight Watson v. Gurtha Watson Wake County In this nearly 20 year marriage, this case was tried on Equitable Distribution. The court awarded an unequal distribution to Wife, which Husband appealed. The parties had a home acquired one year before marriage held as - [NCBA LRS Benefit So Sweet, a Member Just Had To Bring Us Chocolates](https://www.ncbarblog.com/ncba-lrs-benefit-so-sweet-a-member-just-had-to-bring-us-chocolates/) - The Lawyer Referral Service is one of many benefits available to NCBA members. Renew your membership before Oct. 31 to stay with the NCBA. NCBA Lawyer Referral Service Program Coordinator Not every attorney on his way to pay a $20,000 bill would have a spring in his step and smile on his face. But when - [Asset Management: The Case For Global Talent](https://www.ncbarblog.com/asset-management-the-case-for-global-talent/) - This post highlights an area of immigration law that we think will be of interest to business attorneys. On April 18, 2017, President Trump signed the Buy American and Hire American (BAHA) Presidential Executive Order. The mandate is designed to create higher wages and employment rates for U.S. workers by administering and enforcing federal immigration - [EU Commission Forces Google to Change Its Business Model in Android Operating System](https://www.ncbarblog.com/eu-commission-forces-google-to-change-its-business-model-in-android-operating-system/) - On July 18, 2018, the EU Commission released a Press Statement,[1] announcing that it had fined Google €4.34 billion (approximately $5.1 billion) for illegal practices concerning Google’s Android mobile operating system. This is a record fine imposed by the EU Commission, and probably a milestone in a series of antitrust fines against U.S.-based technology companies.[2] The - [Seeking Nominations for the 2018 Bankruptcy Pro Bono Award](https://www.ncbarblog.com/seeking-nominations-for-the-2018-bankruptcy-pro-bono-award/) - Is there a member of your firm or a fellow attorney who should be recognized for his or her pro bono service this year? Have you participated in pro bono projects throughout the year? If so, please consider submitting a nomination for the 2018 Bankruptcy Pro Bono Award! The Pro Bono Committee for the Bankruptcy - [Duke Law Tech Week Events of Interest](https://www.ncbarblog.com/duke-law-tech-week-events-of-interest/) - Dear Future of Law Committee Members, This week is Duke Law Tech Week, and we’d like to invite members of this committee to take part in some of our events. Here are three that may be of interest. The first two require pre-registration. The last is online only and does not require registration. Duke Law - [Scholarships Available For 2018 'Essentials Of Family Law' CLE](https://www.ncbarblog.com/scholarships-available-for-2018-essentials-of-family-law-cle/) - Application Deadline is Oct. 22, 2018 Scholarships are available from the Family Law Section of the North Carolina Bar Association to NCBA members who are members of the Family Law Section and who wish to take the “2018 Essentials of Family Law” CLE on Nov. 1-2, 2018. An eligible recipient is any Family Law Section - [NC COA Case Summary: Henson v. Henson](https://www.ncbarblog.com/nc-coa-case-summary-henson-v-henson/) - After an equitable distribution hearing, Defendant/Wife (“Wife”) was awarded the value of $51, 524.00 contained in a SEP IRA, which was the value at the date of separation. The SEP IRA had gained $30,000 - $40,000 of passive gains from the date of separation to the date of trial. The court declined to award Wife - [YLD October E-Blast: Dates To Know, Updates, Volunteer Opportunities, Etc.](https://www.ncbarblog.com/yld-october-e-blast-dates-to-know-updates-volunteer-opportunities-etc/) - DATES TO KNOW October 10, 2018 | International Law Networking Event in Durham | 5:30 p.m. October 12-13 2018 | 34th Annual North Carolina/South Carolina Labor and Employment Law Program | DETAILS HERE! October 12, 2018 | Member Social in Charlotte | 5:30 p.m. October 16-17, 2018 | Professionalism for New Attorneys Fall/Winter 2018 Program - [A Higher Calling: Hurricane Florence Relief From Above](https://www.ncbarblog.com/a-higher-calling-hurricane-florence-relief-from-above/) - Have a Hurricane Florence story to share on NCBarBlog or in NC Lawyer magazine? Email Amber Nimocks. The Wednesday after Hurricane Florence left the state, Smith Debnam partners gathered for their monthly lunch meeting, normally chaired by the law firm’s managing partner, Jerry Myers. Many learned then that Myers' absence resulted from his accepting a higher - [The Sound of Silence: Another Look At Witness-Silence Agreements](https://www.ncbarblog.com/the-sound-of-silence-another-look-at-witness-silence-agreements/) - The ethical pitfalls of non-disclosure agreements have received renewed attention in the wake of the #MeToo movement. Less frequently discussed — but equally problematic for prosecuting sexual harassment and other employment cases — are agreements that prohibit individuals from serving as witnesses in other cases. As Paul Simon (or, depending on your musical sensibilities, perhaps - [The Consequences Of A Trade War With China](https://www.ncbarblog.com/the-consequences-of-a-trade-war-with-china/) - Last spring, Director of the White House National Trade Council Peter Navarro responded to a question about the risk of imposing unilateral tariffs saying, "I don't believe any country is going to retaliate for the simple reason that we are the most lucrative and biggest market in the world. They know they're cheating us, and - [Role for the Mediator](https://www.ncbarblog.com/role-for-the-mediator/) - A quality mediator needs to have expertise in facilitating communication and decision making, being a process expert. Substance vs. Process There is a continuing debate about mediator qualifications, about what it takes to be a good mediator. The question is, “Does a good mediator simply need to be an expert on the Process of mediation, - [Fourth Circuit Reaffirms Scope of Retaliation Protections in Title VII Opinion](https://www.ncbarblog.com/fourth-circuit-reaffirms-scope-of-retaliation-protections-in-title-vii-opinion/) - In the recent opinion Strothers v. City of Laurel, Maryland, 895 F.3d 317, (4th Cir. 2018), the Fourth Circuit gave further articulation to the type of facts which can permit a retaliation claim under Title VII to survive summary judgment, particularly what can pass under the "severe or pervasive" prong of a complaint of hostile - [You’re Invited to Celebrate Conflict Resolution Week](https://www.ncbarblog.com/youre-invited-to-celebrate-conflict-resolution-week/) - Dear NC Mediators, On Thursday, Oct. 18, the North Carolina Dispute Resolution Commission (NCDRC) will host a reception in honor of Conflict Resolution Week. To kick off our celebration week, there will be a special proclamation given by Chief Justice Mark Martin. The reception will take place at the N.C. Judicial Center (901 Corporate Center - [When Are Meal Expenses Nondeductible Entertainment?](https://www.ncbarblog.com/when-are-meal-expenses-nondeductible-entertainment/) - The IRS recently issued Notice 2018-76 to provide transitional guidance on the deductibility of certain business meal expenses. Taxpayers may rely on the Notice until regulations are issued. 1. Interim guidance. Under the Notice, taxpayers may deduct 50% of an otherwise allowable business meal expense if (a) the expense is ordinary and necessary and incurred - [Paralegal Call to Action: Volunteer With Disaster Legal Services or FEMA Recovery Centers, and Clothing Drive Continues](https://www.ncbarblog.com/paralegal-call-to-action-volunteer-with-disaster-legal-services-or-fema-recovery-centers-and-clothing-drive-continues/) - The North Carolina Bar Association Paralegal Division is participating in various ways to help the victims of Hurricane Florence. In addition to the Professional Clothing Drive, the Division is excited to announce two additional volunteer opportunities. Division members are invited to participate in the North Carolina Disaster Legal Services hotline as phone intake volunteers and/or to help - [Employment Litigators as Peacemakers](https://www.ncbarblog.com/employment-litigators-as-peacemakers/) - Employment litigators see a broad range of legal disputes, from sexual harassment to discrimination to breach of contract. They valiantly fight for their clients, gain subject matter expertise, and ultimately become trusted advocates in the fight to achieve justice. But even more importantly? From the trenches, they gain invaluable insight into the inner workings of - [EENR Section Announces Winners of the 2018 Sustainability Essay Contest](https://www.ncbarblog.com/eenr-section-announces-winners-of-the-2018-sustainability-essay-contest/) - The North Carolina Bar Association’s Environment, Energy & Natural Resources Section is pleased to announce the winners of its 2018 Sustainability Essay Contest, which focused this year on the following topic: “Explain the tradeoffs in the use of biomass. Tradeoffs include: their impact on the environment; their relative ‘carbon neutrality’; their impacts on surrounding communities, - [Catherine Reach, Visionary Legal Tech Leader, To Join NCBA Staff As CPM Director](https://www.ncbarblog.com/catherine-reach-visionary-legal-tech-leader-to-join-ncba-staff-as-cpm-director/) - NCBA Membership Experience, Senior Director I am super excited to share with you that we have hired a new Director of the Center for Practice Management. Catherine Sanders Reach, Director of Law Practice Management and Technology for the Chicago Bar Association and former Director of the Legal Technology Resource Center for the American Bar Association, - [SLD Inaugural Blog Post: Fall Meeting Nov. 8-10, Pro Bono Project Details and More](https://www.ncbarblog.com/sld-inaugural-blog-post-annual-meeting-nov-8-10-pro-bono-project-details-and-more/) - Dear Senior Lawyer Division Members: Welcome to Fall 2018 and a new SLD program year. I hope that you all had a pleasant summer and that many of you have a special summer 2018 event memory. I’m in that group since I had a BIG birthday in July and my children and grandchildren arranged a - [Insolvency Clients and a Potential IRS Trust Fund Penalty Interview](https://www.ncbarblog.com/insolvency-clients-and-a-potential-irs-trust-fund-penalty-interview/) - By Kenneth B. Dantinne You have a client that calls you in a panic. She owns a small business that is currently in a chapter 11 case. Things have been going well for the client as you proceed towards confirmation of a plan. The automatic stay has helped tremendously in keeping company creditors at bay - [4th Circuit Case Summary: Continental Casualty Co. v. Amerisure Ins. Co.](https://www.ncbarblog.com/4th-circuit-case-summary-continental-casualty-co-v-amerisure-ins-co/) - Continental Casualty Co. v. Amerisure Ins. Co., 886 F.3d 366 (4th Cir. 2018) The Fourth Circuit has ruled that the terms of an underlying agreement between the named insured and a third party can impose coverage beyond that necessarily provided for in the policy. This case further confirms the long standing principle that exclusions will - [Works For Me, Episode 2: Independent Contractor or Employee? The $64K Question](https://www.ncbarblog.com/worksforme-2/) - , Will Oden and Grant Osborne In our second episode of "Works For Me," our team dives into a crucial understanding of employment law: the difference between independent contractors and employees. We’ll take on three questions: What is an employee? What is an independent contractor? Why does it matter? Please tune in and let us - [NC COA Case Summary: In the Matter of J.M.K](https://www.ncbarblog.com/nc-coa-case-summary-in-the-matter-of-j-m-k/) - Termination of Parental Rights, No. COA18-451, Sept. 4, 2018 In the Matter of J.M.K Buncombe County In a termination of parental rights hearing, a court cannot base termination from a ground that has not been pled. Facts: Mother and Father were in a relationship from February 2014 -September 2014. During their courtship, a daughter was conceived. - ['Biomass: Helpful or Harmful?': 2018 Sustainability Essay Contest Second-Place Winner](https://www.ncbarblog.com/biomass-helpful-or-harmful-2018-sustainability-essay-contest-second-place-winner/) - As we announced last week, the North Carolina Bar Association’s Environment, Energy & Natural Resources Section is pleased to announce the winners of its 2018 Sustainability Essay Contest. A description of the contest and this year’s topic can be found here. Please join us in congratulating this year’s winners. Emily Liu: “Wood Pellets as Biofuel: - [Effects Of GDPR Extend Beyond EU to NC Companies](https://www.ncbarblog.com/effects-of-gdpr-extend-beyond-eu-to-nc-companies/) - Have you ever used a search engine to look for something, only to find that every subsequent website is advertising that item on sale? Have you ever mentioned some far-flung vacation locale to a friend, only to receive an unsolicited advertisement on your smartphone about cheap flights to that place? These targeted ads are the - [Early Registration Deadline Upcoming For SLD Fall Meeting CLE](https://www.ncbarblog.com/early-registration-deadline-upcoming-for-sld-annual-meeting-cle/) - The SLD 2018 Fall Meeting is scheduled for the weekend of Nov. 8-10 in Salisbury. Click here to view the schedule. Please be aware of these important items related to the meeting: The early registration deadline for the 3-hour CLE segment on Friday morning, Nov. 9, is this Friday, Oct. 19. Beginning next week, unless the early - [John Gresham Named 2018 Harkavy Award Winner](https://www.ncbarblog.com/john-gresham-named-2018-harkavy-award-winner/) - John Gresham is this year’s Jon Harkavy Award Winner. Last week, the Jonathan R. Harkavy Award Committee (John Doyle Jr., Michael Kornbluth, and Travis Payne) submitted this report to the Council of the Labor and Employment Section of the N.C. Bar Association: The Committee developed a process to solicit nominations for the Jonathan R. Harkavy - [The All-Encompassing Secretary of State’s Office](https://www.ncbarblog.com/the-all-encompassing-secretary-of-states-office/) - The Secretary of State’s (SoS) Office does it all. From offering helpful materials on starting a business in NC, database to file securities, to storing advance healthcare directives online, the NC SoS’s job is all encompassing and vital to all NC businesses. The main divisions within the NC SoS are: Business Registration, which creates businesses - [Watch NCBA/UNC-TV Constitutional Amendment Programs On UNC-TV Or At NCBar.org](https://www.ncbarblog.com/ncba-unc-tv-constitutional-amendment-programs-premiere-friday-night/) - Six proposed constitutional amendments are appearing on the North Carolina general election ballot this year. As a service to our members and the citizens of our state, the North Carolina Bar Association has partnered with UNC-TV to produce educational programming regarding the proposed constitutional amendments. The "Amendments Explained" programs premiered on Friday night, October 19, - [Learn About the UBE With the YLD Bar Exam Committee](https://www.ncbarblog.com/learn-about-the-ube-with-the-yld-bar-exam-committee/) - Please join the Young Lawyers Division Bar Exam Committee as they host a presentation about the Uniform Bar Examination (UBE). As many of you know, North Carolina is switching to the UBE exam in February 2019 and this transition has raised a lot of questions. What is the UBE? How is it different from the - [Checking In: Oct. 23, 2018](https://www.ncbarblog.com/checking-in-10-23-18/) - Jake Parrott has joined Parker Poe Adams & Bernstein LLP as counsel in the firm’s Raleigh office. He joins Parker Poe’s Development Services Industry Team. Parrott focuses his practice on commercial real estate transactions that include the new development, acquisition, and sale of all commercial property types, as well as leasing, real estate financing, and - [Paralegal Spotlight with Morag Polaski](https://www.ncbarblog.com/paralegal-spotlight-with-morag-polaski/) - Q: Name, Position Title and/or major duties: A: Morag Polaski, freelance paralegal Q: Firm or Corporation/Location: A: Just A Paralegal Virtual Services LLC Q: Brief background of education, certification, etc.? A: A paralegal certificate from Old Dominion University, a Bachelor of Science in History from Excelsior College, a Master of Liberal Studies in Social Science - [EEOC Sees #MeToo Uptick, Regulatory Agenda Released](https://www.ncbarblog.com/eeoc-sees-metoo-uptick-regulatory-agenda-released/) - The Equal Employment Opportunity Commission recently released preliminary figures on sexual harassment activity for Fiscal Year 2018, which ended September 30. The EEOC's figures indicate an increase in sexual harassment charges and EEOC lawsuits, and a dramatic increase in the amount paid to settle sexual harassment charges. Then, last week, the Trump Administration issued its - [Join Us For the Military & Veterans Law Section CLE!](https://www.ncbarblog.com/join-us-for-the-military-veterans-law-section-cle/) - The Military & Veterans Law Section (MVL) annual CLE offers it all — you can advance military and veterans issues, learn how to advocate for military members and veterans, earn CLE credit and network. And you might be able to do it for free, as scholarships are available to qualifying members. Over 800,000 military members - [Negotiating LLC Operating Agreements: Representing Minority Members](https://www.ncbarblog.com/negotiating-llc-operating-agreements-representing-minority-members/) - Negotiating on behalf of minority members of an LLC requires careful attention to their unique position. The minority (“Minority”) may include those who have no voting rights at all or limited rights to participate in voting, or those who have a vote but not enough to control. Although the Minority may not have voting control, - [All We Need Is You: Sign Up Deadlines For the SLD Fall Meeting Approaching](https://www.ncbarblog.com/sld-am-7250-2/) - SLD Members: All arrangements are now in place for our SLD Fall 2018 Meeting in Salisbury on November 8-10, and all we need is your presence! FYI, there is no registration fee for this SLD meeting. You can review the meeting schedule of events by clicking here, and a good variety of events has been - [NC Business Court Weighs In On 'Actual Cash Value'](https://www.ncbarblog.com/nc-business-court-weighs-in-on-actual-cash-value/) - Accardi v. Hartford Underwriters Ins. Co., 2018 NCBC 109 (Oct. 22, 2018) A storm damage claim with only $169.30 in controversy has set the stage for a battle over actual cash value calculations. In a win for insurance carriers, Business Court Judge Gregory McGuire dismissed a putative class-action lawsuit against Hartford, holding that its practice of - [October Tech Tip: Maximize Productivity With Google Docs Voice-Typing Feature](https://www.ncbarblog.com/october-tech-tip-maximize-productivity-with-google-docs-voice-typing-feature/) - Looking for a way to increase productivity in the creation of correspondence and legal documents? There is now a way to dictate correspondence, pleadings, etc. using the new-ish voice-to-text feature in Google Docs. If you text (sure you do) and use the Google voice-to-text function, it works similarly, but this time it's on the Google - [Members In Focus: World Traveler, Lawyer, Writer, Volunteer Kara Gansmann Can’t Be Stopped](https://www.ncbarblog.com/home-mif-kat-kinsman/) - Getting involved with the (North Carolina) Bar Association was one of the best things to do ... I started out volunteering for 4ALL, one year at Williams Mullen and one year my firm hosted. ... It has been so rewarding, and I run into colleagues who are also giving back. It is a really good feeling; - [EENR First-place Essay: 'Wood Pellets as Biofuel: Is it Sustainable?'](https://www.ncbarblog.com/7331-2/) - As we wrote last month, the North Carolina Bar Association’s Environment, Energy & Natural Resources Section is pleased to announce the winners of its 2018 Sustainability Essay Contest. A description of the contest and this year’s topic can be found here. Please join us in congratulating this year’s winners. Published below is Emily Liu's first-place - [Writs Of Mandamus At the CAVC](https://www.ncbarblog.com/writs-of-mandamus-at-the-cavc/) - For those unfamiliar, a writ of mandamus is an order directing a government official to perform his or her duty. This writ is a request of last resort, but belongs in any administrative lawyer’s repertoire. Indeed, notification of intent to seek mandamus is often enough to prompt government action. Recent case law has resolved issues - [The Times They Are a-Changin’](https://www.ncbarblog.com/the-times-they-are-a-changin/) - Welcome to the first ever blog post on the NCBA’s Elder & Special Needs Law Section blog! As many of you know, last year the council voted to move toward a blog format instead of a newsletter. It is our hope that this will allow for the sharing of more current information relevant to an - [The YLD: Brewing For the Greater Good To Benefit the NCBF](https://www.ncbarblog.com/the-yld-brewing-for-the-greater-good-to-benefit-the-ncbf/) - The YLD is pleased to announce a new series of events to benefit the North Carolina Bar Foundation. This Bar year, the YLD and NCBF are partnering to host events across North Carolina from the mountains to the coast. These events are an opportunity to bring together area YLD and NCBA members – their family - [Volunteer Opportunity: Lawyer on the Line – NCBA Paralegal Program](https://www.ncbarblog.com/volunteer-opportunity-lawyer-on-the-line-ncba-paralegal-program/) - While the majority of the work on the project will be handled by paralegals, attorney supervision is still required, because, as you are aware, paralegals cannot give legal advice to clients. To give you an idea of the limited workload required by attorneys within this project, attorneys will be permitted to supervise up to ten - [Fourth Circuit Update](https://www.ncbarblog.com/fourth-circuit-update/) - The Fourth Circuit has been relatively quiet on the labor and employment front. But on October 19, 2018, through an unpublished per curium opinion, it affirmed summary judgment in an employment case — Nzabandora v. Rectors and Visitors of the University of Virginia; Commonwealth of Virginia, No. 17-2350 (4th Cir. Oct. 19, 2018). So let’s - [Qualified Opportunity Zones](https://www.ncbarblog.com/qualified-opportunity-zones/) - On October 19 the IRS issued proposed regulations and a revenue ruling about opportunity zones, which are an important tax incentive program in the major tax legislation enacted late last year. Although the guidance addresses many important issues, the IRS intends to issue further guidance on additional issues. The opportunity zone program encourages investments in - [Five Content Marketing Methods That Go Beyond Blogging](https://www.ncbarblog.com/five-content-marketing-methods-that-go-beyond-blogging/) - When people hear the term “content marketing,” they immediately think of blogging. For most busy lawyers, the prospect of fitting blogging into an already packed schedule is daunting: How many topics can possibly fill a 1,000-word blog post? How can you keep your content interesting before the well runs dry? And, above all, how are - [NC COA Case Summary: Equitable Distribution, Frady v. Frady](https://www.ncbarblog.com/nc-coa-case-summary-equitable-distribution-frady-v-frady/) - Equitable Distribution, COA18-141, Oct. 16, 2018, Frady v. Frady, Transylvania County Equitable distribution order entered October 20, 2017. Husband appeals. Husband presented 13 issues on appeal which the court narrowed down to essentially five issues. The Court concluded that issues 1-4 were abandoned by failure of Husband to provide any meaningful support, reason or argument. Regarding - [NC COA Case Summary: Termination of Parental Rights, In re D.A.](https://www.ncbarblog.com/nc-coa-case-summary-termination-of-parental-rights-in-re-d-a/) - Respondent-Mother and Respondent-Father both appealed the trial court's order terminating their parental rights. Both parties' attorneys filed "no-merit" briefs with the Court of Appeals pursuant to Rule 3.1(d). Respondent-Mother's attorney complied with all requirements of Rule 3.1(d), including sending Respondent-Mother complete copies of the record on appeal, the trial transcript, and informing Respondent-Mother of her - [Find Help In the ABA's Well-being Toolkit for Lawyers and Legal Employers](https://www.ncbarblog.com/7522-2/) - By Julie D. Beavers and Sarah Nagae As chairs of the North Carolina Bar Associaton's Professional Wellness Committee, we want to share an important resource created by the ABA earlier this year – the Well-being Toolkit for Lawyers and Legal Employers. In 2017, the ABA’s National Task Force on Lawyer Well-being shared a report noting that - [Involuntary Transfer Considerations for Operating Agreements in Bankruptcy](https://www.ncbarblog.com/involuntary-transfer-considerations-for-operating-agreements-in-bankruptcy/) - Transfer restrictions in operating agreements serve an important function in assuring that the members of limited liability companies (“LLCs”) are able to control the admission and withdrawal of their fellow members. Members view these controls as fundamental to the business relationship, as they do not want to be forced into business with an unknown party - [Mark Your Calendars For LIFT March 22-23](https://www.ncbarblog.com/7528-2/) - In cooperation with the North Carolina Center for the Advancement of Teaching (NCCAT), this program will explore the responsibilities and rights of educators in North Carolina. We also will examine laws regarding issues in education and explore laws that protect the rights of teachers, parents, students, administrators and school staff. What: Project LIFT (Law Institute - [November E-Blast: Construction Law For YLD, Legal Feeding Frenzy, Law Student Outreach and More](https://www.ncbarblog.com/7566-2/) - DATES TO KNOW November 15, 2018 | Insurance Law Networking |Charlotte| 5:30 pm November 15, 2018 | Member Social | Greenville| 5:30 pm -7:00 pm November 19, 2018 | Sports & Entertainment Law Charlotte Hornets Networking | Charlotte| TBA November 20, 2018 | YLD Brewing For the Greater Good | Wilmington | 5:30 pm November - [Civility and Sanity: A CLE To Help Lawyers Maintain Both](https://www.ncbarblog.com/civility/) - In an age abounding with public and private incivility, division, and discrimination, how can lawyers and judges promote professional behavior? And when individual struggles with stress and depression make news every day, how can we recognize and respond to warning signs in ourselves and others? “A Most Stressful Profession: Promoting Civility and Sanity in Your - [Is a Password Enough To Keep Your Sensitive Information Safe?](https://www.ncbarblog.com/is-a-password-enough-to-keep-your-sensitive-information-safe/) - By Catherine Sanders Reach Are you using two factor authentication? You should be! Passwords alone are not enough anymore to thwart motivated hackers from accessing your accounts, whether by a keystroke logger infection on your computer or a data breach of the systems you use every day online. Two factor authentication, or two step verification, - [SCOTUS Interprets the ADEA to Apply to State Entities Regardless of Size](https://www.ncbarblog.com/scotus-interprets-the-adea-to-apply-to-state-entities-regardless-of-size/) - Last week the Supreme Court held in Mt. Lemmon Fire District v. Guido, No. 17-587, 2018 WL 5794639 (U.S. Nov. 6, 2018), that state and local governments are “employers” covered by the ADEA regardless of their size. The unanimous opinion authored by Justice Ginsburg affirmed the Ninth Circuit’s decision that 29 U.S.C. § 630(b)’s two - [Works For Me Episode 3: Unlawful Employee Terminations](https://www.ncbarblog.com/worksforme-3/) - In our third episode of “Works For Me,” our team hashes out the basics of unlawful employee termination. We’ll take on three issues, from the employer and employee sides: What is at-will employment? For what reasons can an employer fire someone? What can do you do if you believe you've been fired unlawfully? Please tune - [Copyright Update: Music Modernization Act](https://www.ncbarblog.com/copyright-update-music-modernization-act/) - Last month, the Music Modernization Act (MMA) was signed into law. This copyright legislation modernizes some aspects of copyright law and applies to songwriters, music publishers, digital music providers, music streaming services, and others that distribute and create music. The MMA received support from Republicans, Democrats, and music industry stakeholders alike. The MMA includes three parts, - [Pro Bono Committee Aims To Recognize, Award, Train and Engage](https://www.ncbarblog.com/pro-bono-committee-aims-to-recognize-award-train-and-engage/) - April Giancola and Emily Moseley are both honored and excited to co-chair the NCBA Pro Bono Committee this year. April Giancola is the Director of Public Interest Advising at UNC School of Law. Since joining the career development office in April 2016 she counsels students and alumni on all aspects of job searching and - [Register Now For ACBD CLE/Annual Meeting Feb. 7 In Cary](https://www.ncbarblog.com/register-now-for-acbd-cle-annual-meeting-feb-3-in-cary/) - The Antitrust & Complex Business Disputes Law Section Annual Meeting and CLE, titled "The Complex Issues Arising in Complex Litigation" will be Thursday, Feb. 7, 2019, at the North Carolina Bar Center. Registration is open. Click here to sign up. This program explores the current status of legal issues arising in business litigation and the management - [41st Annual Bankruptcy Institute Recap](https://www.ncbarblog.com/41st-annual-bankruptcy-institute-recap/) - As Co-Chair for the Bankruptcy Section’s CLE Committee, I wanted to say a few words about the 41st Annual Bankruptcy Institute before we set our sights on next year. First, I want to say thank you to all of the speakers who volunteered their time and expertise to make the Institute a success. As many - [Court Rules Insured Has Duty To Read Insurance Policy Sooner Rather Than Later](https://www.ncbarblog.com/court-rules-insured-has-duty-to-read-insurance-policy-sooner-rather-than-later/) - In a recent case involving claims against an insurance broker, Judge Graham Mullen firmly put the burden of reviewing an insurance policy and understanding coverage exclusions on the insured. Granting summary judgment for the broker on the insured’s negligence and breach of fiduciary duty claims, the Court declared that the insured’s claims were time-barred because - [NC Loan Broker Act Remains an Important Lending Statute and Litigation Tool](https://www.ncbarblog.com/nc-loan-broker-act-remains-an-important-lending-statute-and-litigation-tool/) - The North Carolina Loan Broker Act was enacted in 1979 “to protect the public from unscrupulous loan brokering practices.” Brief of Amicus Curiae Roy Cooper, Attorney General of North Carolina at 4, Printing Services of Greensboro, Inc. v. American Capital Group, Inc. 361 N.C. 347, 643 S.E.2d 586 (2007). The North Carolina Loan Broker Act - [Chair’s Update: Checking In With the Paralegal Division Council](https://www.ncbarblog.com/chairs-update-checking-in-with-the-paralegal-division-council/) - As we near the mid-point of the 2018-2019 Bar year, I’d like to share how to the Paralegal Division Council has been working for and on behalf of PD members. We have a great group of volunteers serving as leaders on our many Committees and on the Council. I’m grateful for each volunteer member that - [Take Steps This Holiday Season](https://www.ncbarblog.com/take-steps-this-holiday-season/) - By Catherine Sanders Reach With the holidays approaching, we can look forward to gathering with friends and family, celebrations, and merriment. We also look forward to lots of great food and tempting treats. For many the holidays also add stress, tension and increased feelings of depression. Make time to keep up with exercise, which will - [Navigating Trial Decisions Through an Appellate Framework](https://www.ncbarblog.com/navigating-trial-decisions-through-an-appellate-framework/) - Trial lawyers have a hard job, and it’s easy for appellate lawyers reviewing a cold record to find fault in the decisions made by their predecessors. As others have recognized, a symbiotic relationship can occur when a trial lawyer and an appellate lawyer work collaboratively during trial to reach the best solution for the client. - [Pause Before Adding Clients On Social Media](https://www.ncbarblog.com/pause-before-adding-clients-on-social-media/) - Increasingly, we’re seeing attorneys and paralegals connecting with clients on social media including LinkedIn and Facebook. When I ask why, I’m hearing that social media connections (e.g. Facebook) make the client feel like they are more than just a file. I think there’s also this belief that it’s an inconspicuous way to get your name - [Are Public Payment Bond Rights Assignable Under NC Law? Maybe.](https://www.ncbarblog.com/are-public-payment-bond-rights-assignable-under-nc-law-maybe/) - Contractors, like other businesses, often find it advantageous to assign their accounts in exchange for some other form of consideration from the assignee. What is different about a contractor’s accounts, as compared to most other businesses, is that the amounts owed might be secured by payment bonds. It should not be disputed that a contractor - [A Better Way to Find Time](https://www.ncbarblog.com/a-better-way-to-find-time/) - Finding a mutually available time to meet with multiple busy people including clients, colleagues and other parties used to mean a lot of negotiation and multiple emails. Then tools like Doodle and FreeBusy came along to make scheduling much easier. Now users of Microsoft Office 365 can take advantage of a built-in polling tool called - [Apply For New Ways To Get Free CPE](https://www.ncbarblog.com/apply-for-the-reinvented-member-and-student-scholarships-for-cpe/) - The NCBA Paralegal Division has changed the way it gives back to its members. The Paralegal Division has replaced its Membership Scholarship with the “Member Premier Pass Giveaway,” and Premier Passes will be given away to two lucky Division members in a lottery-type drawing each year. This package is valued at $325.00, and is an exclusive NCBA - [Will the Supreme Court Take Up LGBT Rights Under Title VII?](https://www.ncbarblog.com/will-the-supreme-court-take-up-lgbt-rights-under-title-vii/) - According to news reports, the U.S. Supreme Court will soon consider, and hopefully decide, whether to review lower court decisions addressing whether sexual orientation and gender identity discrimination violate Title VII of the Civil Rights Act of 1964. Virtually everyone agrees that in 1964, when Title VII was enacted, no one thought "sex" meant anything - [Pro Bono Spotlight: Molly Gross, NCBA Disaster Legal Services Volunteer](https://www.ncbarblog.com/pro-bono-spotlight-molly-gross-ncba-disaster-legal-services-volunteer/) - Few things make people feel helpless like a natural disaster can. If you’re like most attorneys, your daily work doesn’t involve feeding people, clearing giant trees, or repairing homes. As we settle into our day-to-day work, it’s easy to feel like we don’t have anything to offer people who have lost basic needs like clothing - [S – E – Ohh: Search Engine Optimization For Small Law Firms](https://www.ncbarblog.com/s-e-ohh-search-engine-optimization-for-small-law-firms/) - What happens when people google “Divorce Lawyer” in the geographic area where your small firm is located? Does your firm come up on the results page? Do you even want to be a result of a search for family law attorney? Do you see other firms on the list of results that do not even - [Fastcase Tip: Type-Ahead](https://www.ncbarblog.com/fastcase-tip-type-ahead/) - CATHERINE’S CALL Did you know that Fastcase7 has a feature called Type-Ahead? Like a Google search, when you enter a word or phrase Fastcase 7 will immediately show you matches for terms of art and case names. Switch to Fastcase 7 by toggling the orange button from FC in the upper right corner of the - [How To *Really* Lock Down a PDF Document](https://www.ncbarblog.com/how-to-really-lock-down-a-pdf-document/) - CATHERINE'S CALL Did you know that it is very easy to edit a PDF document unless you take steps to secure it? You can convert a PDF to Word in MS Word 2016 or in Adobe Acrobat and other PDF conversion applications. You can also easily edit a PDF in Acrobat. If you want to - [Save the Dates: Section Social and CLE Feb. 21-22](https://www.ncbarblog.com/save-the-dates-section-social-and-cle-feb-21-22/) - Please mark your calendar for Feb. 22, 2019, for "In Tune or Off Key – Law, Government, Constitutional Rights and Responsibilities," this year’s Section CLE. Together with the Government & Public Sector Section, the Constitutional Rights & Responsibilities Section is sponsoring this program, which is described below. The program will offer six hours of CLE - [Taxation of Trust Income Deemed Unconstitutional: NC Supreme Court Decision in Kaestner](https://www.ncbarblog.com/taxation-of-trust-income-deemed-unconstitutional-nc-supreme-court-decision-in-kaestner/) - On June 8, the North Carolina Supreme Court affirmed the 2016 decision of the North Carolina Court of Appeals in Kimberly Rice Kaestner Family Trust v. North Carolina Department of Revenue holding that N.C.G.S. § 105-160.2 is unconstitutional under the due process clauses of both the U.S. Constitution and the North Carolina Constitution where taxation - [A Lesson On Mindfulness and the YLD Wellness Challenge](https://www.ncbarblog.com/a-lesson-on-mindfulness-and-the-yld-wellness-challenge/) - This year, the YLD Wellness Committee instituted a Wellness Challenge between the Mountain, Piedmont, and Coastal regions of the state. Each quarter, the attorneys in their respective regions will be highlighted for their efforts to engage in wellness activities such as physical and financial fitness, nutrition, mindfulness, and meditation. This quarter we are shining a - [The 60th Anniversary of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: A Middle Eastern Retrospect and Emirati Prospect](https://www.ncbarblog.com/the-60th-anniversary-of-the-new-york-convention-on-the-recognition-and-enforcement-of-foreign-arbitral-awards-a-middle-eastern-retrospect-and-emirati-prospect/) - and Issey Park This year, 2018, marks the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”). Last June, the United Nations Commission on International Trade Law (“UNCITRAL”) hosted a special event, understandably in New York, to commemorate the diamond jubilee of what one late Swedish arbitration - [Domestic Violence Issues Committee Considering Revisions To GS 50B-3(b)](https://www.ncbarblog.com/domestic-violence-issues-committee-considering-revisions-to-gs-50b-3b/) - and Melissa Averett The Domestic Violence Issues Committee of the Family Law Section is currently considering revisions to GS 50B-3(b), inspired by a 2014 Court of Appeals decision. In Rudder v Rudder, 234 N.C. App. 173 (2014), the Court of Appeals expressed some doubt whether the time limitations of G.S. 50B-3(b) apply to ex-parte orders entered - [A Technical Approach to Mitigating Supply Chain IP Theft](https://www.ncbarblog.com/a-technical-approach-to-mitigating-supply-chain-ip-theft/) - When most people think about cybersecurity, they think of breaches of consumer personal information. And who can blame anyone for that, just look at the headlines for the latest breach of a major hotel chain and FIVE HUNDRED MILLION customer accounts. But one aspect of cybersecurity that is arguably more important than breaches of consumer - [District Court Holds that Pregnancy Fits Within the NCEEPA’s Prohibition of “Sex” Discrimination](https://www.ncbarblog.com/district-court-holds-that-pregnancy-fits-within-the-nceepas-prohibition-of-sex-discrimination/) - In 1983, the North Carolina Supreme Court decided N.C Dept. of Corrections v. Gibson, 308 N.C. 131 (1983). Gibson frequently appears in wrongful discharge in violation of North Carolina public policy (“WDPP”) briefs, especially when the plaintiffs' claims rely on the North Carolina Equal Employment Practices Act (“NCEEPA”) for their underlying public policy. Gibson adopted Title - [The Office Christmas Party: Conundrums and Caveats](https://www.ncbarblog.com/the-office-christmas-party-conundrums-and-caveats/) - There, in the very title of this article is the first and fundamental conundrum—can we, should we, call it a “Christmas party”? Boldly, I say yes. There is certainly a school of thought that, for the sake of inclusiveness and sensitivity to diversity, would rename the event generically and perhaps even put it off until - [Join the NCBA Privacy & Data Security Section To Stay Up On This Evolving Field](https://www.ncbarblog.com/join-the-ncbas-privacy-and-data-security-section-to-stay-up-on-this-hot-topic/) - We are pleased to announce the formation of the NCBA Privacy and Data Security Section. Privacy and data security issues are constantly evolving, which makes this field uniquely suited to collaboration and information sharing. Further demonstrating its importance, in November 2018, the N.C. State Bar recognized its first class of privacy law specialists. Even if - [VA Seeks Comments On Its Family Caregiver Program](https://www.ncbarblog.com/va-seeks-comments-on-its-family-caregiver-program/) - The Department of Veterans Affairs' Program of Comprehensive Assistance for Family Caregivers provides support to individuals whose assistance enables seriously injured veterans to remain in their homes and communities. Although initially limited to the caregivers of post 9/11-veterans, legislation recently extended potential eligibility to the caregivers of all eras. The criteria for participation is still - [ABA TECHSHOW 2019 NCBA Member Discount and Some Marketing Tips](https://www.ncbarblog.com/aba-techshow-2019-nc-bar-member-discount-and-some-marketing-tips/) - Sponsored Post North Carolina Bar Association Members Get $150 Off Standard Registration ABA TECHSHOW has over 31 years of experience bringing lawyers and technology together. Legal work today is dependent on technology to manage day to day activities, to practice more competently, and to service clients more effectively. ABA TECHSHOW teaches you how technology can - [One-Member Wonders: NCBA Attorneys In Far-Flung Counties Are Never Alone](https://www.ncbarblog.com/one-member-wonders-ncba-attorneys-in-far-flung-counties-are-never-alone/) - Our monthly reports at the N.C. Bar Center provide a wealth of information about the members of the North Carolina Bar Association. We can see how many lawyers, law students, paralegals and paralegal students comprise our membership, as well as how many members are participating in each of our sections and divisions. The reports also - [Fourth Circuit Finds Gag Order Fails First Amendment Scrutiny](https://www.ncbarblog.com/fourth-circuit-finds-gag-order-fails-first-amendment-scrutiny/) - Those who watch Fourth Circuit opinions already know this, but the court recently released an opinion ordering the Eastern District of North Carolina to vacate a gag order entered in ongoing litigation related to North Carolina hog farms. In addition to the importance of the core ruling – overturning the gag order – the Fourth Circuit’s - [Appeal Dismissed for Procedural Errors](https://www.ncbarblog.com/appeal-dismissed-for-procedural-errors/) - Unlike the workers’ compensation rules, the appellate rules require service by regular mail unless the document is filed through the appellate court’s e-filing system. No provision permits electronic service when a document is filed electronically through any other site, such as the Industrial Commission’s e-filing system. In Bradley, therefore, the Court dismissed the plaintiff’s entire - [Industrial Commission Rule Changes Effective Dec. 1, 2018](https://www.ncbarblog.com/industrial-commission-rule-changes-effective-dec-1-2018/) - The North Carolina Industrial Commission enacted rule changes effective Dec. 1, 2018. The Commission issued a one-page overview of these changes. In this one-page overview, the Commission highlighted the changes for filing medical motions and the requirement for insurance carriers, third-party administrators, and self-insured employers to have a primary contact person designated for all workers' compensation matters. - [Employer Confidentiality Policy Yields to Title VII’s Participation Clause in Recent Fourth Circuit Opinion](https://www.ncbarblog.com/employer-confidentiality-policy-yields-to-title-viis-participation-clause-in-recent-fourth-circuit-opinion/) - Employees who face discriminatory treatment at work are often faced with the dilemma of how to substantiate their claims, and how to guard against the risk that their employer will hide or destroy evidence. Frequently, employees choose to take possession of substantiating evidence by forwarding emails to their personal address, or by making copies of - [Why Clients Like Mediation](https://www.ncbarblog.com/why-clients-like-mediation/) - As a lawyer/mediator, I have had very few opportunities to participate in a mediation as a litigant. But I did once, which gave me some insight into why clients like mediation. My wife and I were selling our house. A buyer looked at it, decided he wanted it, signed a purchase contract and put down - [Trauma-Informed Care and the Legal Professional](https://www.ncbarblog.com/trauma-informed-care-and-the-legal-professional/) - On Friday, November 16, 2018, I attended the Mecklenburg Resilience Symposium: Building Hope for Tomorrow Through Action Today with a number of judges, medical providers, and mental health professionals. The topic of the Symposium was community Resilience or the process of adapting well in the face of adversity, trauma, tragedy, threats or significant sources of - [The Newest Forms Of Ransomware and How To Protect Your Business From Them](https://www.ncbarblog.com/the-newest-forms-of-ransomware-and-how-to-protect-your-business-from-them/) - This article details how dangerous ransomware is, how it could harm your business, and what you should do to protect your data. The Situation Ransomware is now one of the top security concerns for businesses and organizations of all sizes. For example, the City of Atlanta was recently hit with a ransomware attack called SamSam. - [Let it Snow, Let it Snow, Let Your IP Mind Grow!](https://www.ncbarblog.com/let-it-snow-let-it-snow-let-your-ip-mind-grow/) - Planning ahead for events can be frightful, but our section has 2019 plans that are delightful! As long as you love IP so, join us for our events that are a go! February 7 at 11 a.m. for our Tri-City Meeting and Lunch Event in Raleigh, Winston-Salem, and Charlotte. The specific meeting and lunch locations will - [Alimony Video Podcast Series: Gray Divorce, Cohabitation and New Tax Laws](https://www.ncbarblog.com/alimony-video-podcast-gray-divorce-cohabitation-and-new-tax-statutes/) - Alimony is an ever-changing aspect of divorce law. Watch a new, three-part video podcast series with NCBA Family Law Section Communications Co-chairs Ryan Schultz, Jessica Hefner, and Ketan Soni as they discuss three evolving aspects of alimony. Click here to view video conversations about alimony in the context of gray divorce, how cohabitation works with terminating alimony, - [Biltmore Offers a Fresh Take On Annual Meeting](https://www.ncbarblog.com/biltmore-offers-a-fresh-take-on-annual-meeting/) - Last week, a white blanket fell upon the grounds of the Biltmore Estate. The silence of new fallen snow covered the land and buildings as far as you could see. It will not stay quiet forever, because in a few short months those same grounds and buildings will be filled with lawyers! For the first - [Compassion in the Legal Profession: A Tale of Hope at Christmas](https://www.ncbarblog.com/compassion-in-the-legal-profession-a-tale-of-hope-at-christmas/) - Few of us work in an area of law where calls to our offices are initiated by clients because something wonderful happened. For most legal professionals, that initial phone call from a potential client is literally an act of desperation. Their lives are currently in a state of chaos and they need someone to fix - [Google Advanced Search Tips for Lawyers](https://www.ncbarblog.com/google-advanced-search-tips-for-lawyers/) - CATHERINE'S CALL Most people use the Google search engine every day to look up information on everything from restaurant reviews to driving directions to the airspeed velocity of a laden swallow. In fact, the word google (lower case G) officially appeared as a verb in the Oxford English Dictionary in 2006. The free web is - [Register Now For the Corporate Counsel Section CLE and Annual Meeting Jan. 25](https://www.ncbarblog.com/8219-2/) - One of the main ways in-house counsel distinguish themselves from their outside counsel is by bridging the gap between legal and business concerns. It's not enough to be good lawyers — we must also be valued and trusted business partners to our clients. To further develop our abilities in this role, the CLE Committee is - [Eviction Diversion Programs and Chapter 13 Bankruptcy](https://www.ncbarblog.com/eviction-diversion-programs-and-chapter-13-bankruptcy/) - With the publication of Evicted: Poverty and Profit in the American City, author Matthew Desmond has brought increasing attention both nationwide and in North Carolina to the growing eviction crisis. See Evicted, www.evictedbook.com (last visited Dec. 7, 2018). With increasing housing prices and gentrification, stagnant incomes, and slashed budgets for public housing, this problem is - [Appellate Update — and a Happy New Year](https://www.ncbarblog.com/appellate-update-and-a-happy-new-year/) - For the last post of the year, I’m doing my normal case roundup. It’s been several months since I last posted — thank you to everyone who submitted posts this fall! — so this is a long one. I’ve inserted which laws are addressed in each case if you’re looking for something specific. Finally, I - [2018: ICYMI (In Case You Missed It)](https://www.ncbarblog.com/2018-icymi-in-case-you-missed-it/) - CATHERINE'S CALL The last week of the year is typically a time of reflection, and 2018 was no exception. Several popular blogs published their year-end wrap-ups, looking at the most popular posts and content from last year. While the exponential change wrought by technology means that the past is not a good predictor of the - [41st Annual Bankruptcy Institute Awards Recognize Recipients for Outstanding Achievement and Service](https://www.ncbarblog.com/41st-annual-bankruptcy-institute-award-recipients-recognized-for-outstanding-achievement-and-service/) - Every year, the Bankruptcy Section Lifetime Achievement Award Committee and the Bankruptcy Section Pro Bono Committee are tasked with the privilege of selecting an attorney to receive their respective awards. The awards are presented at the Annual Bankruptcy Institute, so the recipients may be recognized by their peers for their outstanding commitment and service to - [The YLD: Brewing For the Greater Good To Benefit the NCBF](https://www.ncbarblog.com/the-yld-brewing-for-the-greater-good-to-benefit-the-ncbf-2/) - The NCBA YLD is pleased to announce Brewing for the Greater Good, a new series of events to benefit the North Carolina Bar Foundation. This bar year, the YLD and NCBF are partnering to host events across North Carolina from the mountains to the coast. These events are an opportunity to bring together area YLD - [Federal Income Tax Update No. 1](https://www.ncbarblog.com/federal-income-tax-update-no-1/) - This is the first of two installments of this article. Find the second installment here. I. Audit Statistics: What Are Your Chances of Being Audited? The 2017 Internal Revenue Service Data Book (Publication 558) contains audit statistics for the fiscal year ended September 30, 2017. Below are the audit statistics for returns filed in calendar - [Solution for Dilution Confusion](https://www.ncbarblog.com/solution-for-dilution-confusion/) - Imagine this day for a moment: you are the CEO and announce to your investors and employees that the company is issuing additional equity ownership and that their equity ownership percentage is being diluted. Chaos ensues. You have panicked existing investors. Employees are up in arms. All because a new investment, or some other issuance - [February Annual Meeting and CLE Programs](https://www.ncbarblog.com/february-annual-meeting-and-cle-program/) - The Business Law and International Law Sections will hold their annual meetings and joint CLE program on Feb. 14 and 15 in Pinehurst. This year’s program includes sessions about securities law, emerging technologies, indemnification of company owners and principals, GDPR, dispute resolution issues in international practice, and a host of others, including the Friday morning favorite, - [NC COA Case Summary: Domestic Violence Protective Order, Martin v. Martin](https://www.ncbarblog.com/nc-coa-case-summary-domestic-violence-protective-order-martin-v-martin/) - It is a violation of defendant’s due process rights to allow plaintiff to testify about alleged acts of domestic violence that were not pleaded in the complaint. Plaintiff-Wife filed a complaint for a domestic violence protective order against Defendant-Husband. In her complaint, Wife alleged that acts of domestic violence had occurred on several different days. - [Research, Interviews and Unsolved Mysteries](https://www.ncbarblog.com/research-interviews-and-unsolved-mysteries/) - As a child, I was obsessed with the show “Unsolved Mysteries.” As I watched an episode, I would imagine that I would one day solve it. Anyone who knew me well as a little girl, would probably tell you that I was irritatingly inquisitive. However, I learned at some point that asking a lot of - [Checking In: Jan. 7, 2019](https://www.ncbarblog.com/checking-in-12-18-18/) - Novant Health has selected Frank E. Emory Jr., to serve as executive vice president and chief legal officer. Emory was previously a partner with Hunton Andrews Kurth LLP, where he served as co-head of the litigation and labor group and managing partner of the Charlotte office. He is chairman of the board of the Economic Development Partnership - [Back to the Basics: 2019 Insurance Law Section Annual Meeting and CLE](https://www.ncbarblog.com/back-to-the-basics-2019-insurance-law-section-annual-meeting-and-cle/) - The Insurance Law Section’s 2019 CLE is premised on a “back to basics” concept to assist attorneys and insurance adjusters both new to and well-versed in insurance law. Back to Basics: Insurance Law Section Annual Meeting and CLE Live and Webcast Thursday, Jan. 31, 2019 NC Bar Center, Cary CLE Credit: 6.5 hours, includes 1.0 Hour - [The Show Must Not Go On: NCAA Faces Enforcement Hurdle Following Court’s Prohibition Against Show Cause Penalties](https://www.ncbarblog.com/the-show-must-not-go-on-ncaa-faces-enforcement-hurdle-following-courts-prohibition-against-show-cause-penalties/) - McNair, who became embroiled in the Trojans’ football scandal a decade ago that pertained to impermissible gifts made to former running back, Reggie Bush, received a one-year show cause penalty as the result of his involvement in those infractions. Although the NCAA issued the order for only 12 months, an economics expert testified at trial - [Zoning In: New Tax Benefits of Investing in Opportunity Zones](https://www.ncbarblog.com/zoning-in-new-tax-benefits-of-investing-in-opportunity-zones/) - and Andrew Steffensen Overview If you are a lawyer who represents a taxpayer who recently realized a short-term or long-term capital gain, your client may be looking for ways to avoid recognizing that capital gain and the associated tax bill. Thanks to a new tax incentive program, a taxpayer who has realized capital gains may - [10 Email Dos and Don’ts for Lawyers](https://www.ncbarblog.com/10-email-dos-and-donts-for-lawyers/) - CATHERINE'S CALL Lawyers use email every day and are very familiar with the mechanics of sending and receiving email. However, because of its ubiquity, lawyers often get complacent about best practices for using email effectively and proficiently. Email can be a great communication tool, but it can also be dangerous. Here are some reminders about - [Court of Appeals Again Dismisses Appeal for Procedural Error](https://www.ncbarblog.com/court-of-appeals-again-dismisses-appeal-for-procedural-error/) - Civil litigators handling appeals: Beware. For the second time in less than a month, the North Carolina Court of Appeals dismissed an entire appeal due to an appellant’s failure to comply with the North Carolina Rules of Appellate Procedure. In WBTV v. Ashe County (4 Dec 2018, Dietz, J., unpublished), the Court of Appeals found - [Join Us In February For a Networking Event, Annual Meeting and CLE Program](https://www.ncbarblog.com/join-us-in-february-for-a-networking-event-annual-meeting-and-cle-program/) - The Government & Public Sector Section invites you to three events that promise to be well worth your time. Save the Dates: Thursday, Feb. 21 and Friday, Feb. 22, 2019 A joint networking event with the Constitutional Rights & Responsibilities Section is Thursday, Feb. 21 from 5:15 – 6:30 p.m. at Dean's Kitchen & Bar, 1080 Darrington - [Collaborative Training At The Grandover Feb. 6-7](https://www.ncbarblog.com/collaborative-training-at-the-grandover-feb-6-7/) - The NCBA has offered five basic training courses in Collaborative Law Practice in the past, and is offering the next one Feb. 6-7 at the Grandover in Greensboro. Click here to view the brochure with all the details. The Early Bird registration deadline is Jan. 16. Click here to register. This 14-hour training is for - [Spotlight on Will Oden](https://www.ncbarblog.com/spotlight-on-will-oden/) - DR Spotlight is a Q&A series that focuses on Dispute Resolution Section members. Will Oden lives in Wilmington, North Carolina, and has practiced with Ward and Smith, P.A. in the areas of employment law and workers' compensation since 2004, when he graduated from law school. He also serves as a mediator in employment and workers' - [New Year, New Rules: Amended Rules of Appellate Procedure Are Now In Effect](https://www.ncbarblog.com/new-year-new-rules-amended-rules-of-appellate-procedure-are-now-in-effect/) - While 2019 is not on track to become the futuristic landscape predicted in Blade Runner, the new year brings new Rules of Appellate Procedure and takes steps toward a paperless appellate practice. On Dec. 19, 2018, the Supreme Court of North Carolina issued an order amending the North Carolina Rules of Appellate Procedure, which - [COA Penalizes Insurer for Poor Writing in Policy Exclusion](https://www.ncbarblog.com/coa-penalizes-insurer-for-poor-writing-in-policy-exclusion/) - Bad grammar can lead to an adverse coverage decision – that’s the lesson one insurer (and its insured) learned the hard way when the NC Court of Appeals held that an incomplete sentence and improper grammar in an insurance policy that purported to exclude coverage for claims involving sovereign immunity was ambiguous. The Court’s decision - [ABA TechShow 2019 NCBA Member Discount and Some Redaction Tips](https://www.ncbarblog.com/8510-2/) - Sponsored Post Take Advantage of Extended Early Bird Pricing until Jan. 21. North Carolina Bar Association Members Get $150 Off Standard Registration. As a member of the North Carolina Bar Association, we want you to know that you can register for ABA TECHSHOW 2019 at a special reduced rate. This discount only applies to registrants - [Permanent Home for NC Rules of Appellate Procedure on NC Courts Webpage](https://www.ncbarblog.com/permanent-home-for-nc-rules-of-appellate-procedure-on-nccourts-webpage/) - Please know there is now a dedicated page on the North Carolina Courts website for the N.C. Rules of Appellate Procedure: https://www.nccourts.gov/courts/supreme-court/court-rules/north-carolina-rules-of-appellate-procedure On this page, one has access to an up-to-date codification (7 January 2019 version, attached) of the Rules, as well as to slip orders that have yet to be published in the North - [Post-Project Review: How Lawyers Can Leverage Mistakes](https://www.ncbarblog.com/post-project-review-how-lawyers-can-leverage-mistakes/) - Mistakes happen. They happen to brand new attorneys. They happen to attorneys who have been practicing for 30 years. Fear of reprisal can cause competent lawyers to correct and brush those mistakes under the rug so quickly that they do not take time to learn from them. They are a fact of law practice because, - [Chair's Comments](https://www.ncbarblog.com/chairs-comments-2/) - Hello, 2019! If 2018 was a great one for you, congratulations. If it was not so great, you survived. Congratulations to you, too. (We’ve all been there.) I look forward to the beginning of a new year. It’s an opportunity to reflect on the prior year and set a positive path for the new year. - [Writing Professionally: Language, Punctuation and Tone](https://www.ncbarblog.com/writing-professionally-language-punctuation-and-tone/) - I am a self-confessed “word nerd.” I love words. I love reading, and I read just about anything, including the dictionary. But, sometimes I forget that not everybody finds the same enjoyment in words. And, I have been known to let my vocabulary get the better of me. As paralegals, something we cannot afford to - [Section Happenings: February CLE, Electronic Deskbook, Diversity Initiative, YLD Committee](https://www.ncbarblog.com/section-happenings-february-cle-electronic-deskbook-diversity-initiative-yld-committee/) - Friends – Ready or not, 2019 is upon us. As we enter this new calendar year (and the midway point of our 2018-209 Bar year), I wanted to take the opportunity to highlight a few important Section issues and happenings. Deskbook For many years now, an evolving team of dedicated authors and editors has periodically - [VA List of Benefits Available For Veterans During the Shutdown](https://www.ncbarblog.com/va-list-of-benefits-available-for-veterans-during-the-shutdown/) - The VA has provided a list of resources available for veterans impacted by the partial government shutdown available at this link. The VA recognizes that many veterans are also government employees affected by the partial federal government shutdown and may be experiencing personal and financial stress. The VA is open and working to support furloughed - [Executive Compensation Excise Tax On Tax-Exempt Organizations Produces Surprising Results](https://www.ncbarblog.com/tax-executive-compensation/) - The IRS recently issued Notice 2019-9 to provide interim guidance on the excise tax on certain executive compensation paid by applicable tax-exempt organizations (“ATEOs”). Under Section 4960 of the new tax law, an ATEO is generally subject to a 21% tax for compensation paid to a covered employee in excess of $1 million per year. - [Jan. 25 Is the Date For Section CLE and Annual Meeting](https://www.ncbarblog.com/section-cle/) - We are less than one week away from the Corporate Counsel Section's CLE and Annual Meeting. Kicking off our agenda will be our general counsel roundtable, which will speak to our theme "Taking Care of Business: How Good Lawyers Become Great Business Partners" from a leadership perspective. Join us Friday, Jan. 25 at the Bar - [Lawyer's Hopeful Essays an Antidote To Modern Cynicism](https://www.ncbarblog.com/sean-doyle-qa/) - For anyone who has ever fought in vain to quiet all the little voices in their head so they can get something accomplished, Sean Doyle offers an alternative: Let them speak. That’s what Doyle, an attorney and consulting psychologist, has done in his new book of personal essays, “Mud and Dreams,” a collection of small - [NCBA Privacy and Data Security Committee To Become a Section](https://www.ncbarblog.com/ncba-privacy-and-data-security-committee-now-a-section/) - This just in: The Privacy and Data Security Committee is on its way to becoming a new North Carolina Bar Association Section. With growing interest in the Privacy and Data Security arena, the North Carolina Bar Association formed a Privacy and Data Security Committee in June 2017. NCBA members from various practice areas joined the - [January E-Blast: Help Us Plan For Next Year, Outreach Programs and More](https://www.ncbarblog.com/january-e-blast-help-us-plan-for-next-year-outreach-programs-and-more/) - Your responses are critical to helping us plan for the best 2019-20 YLD bar year possible! Also, please mark your calendars: our annual planning meeting will be in Charlotte on Saturday, March 30, 2018 from 9am-2pm. Details will follow soon. We hope to see you there. Dates To Know January 4, 2019-February 23, 2019 | - [Nominate a Worthy Attorney For a Citizen Lawyer Award](https://www.ncbarblog.com/citizen-lawyer-nominations/) - The Local Bar Outreach Committee is soliciting nominations for the 2019 Citizen Lawyer Awards for NCBA members who have distinguished themselves in their volunteer service to community and civic causes. Since 2007, the NCBA has recognized lawyers who provide exemplary public service with its Citizen Lawyer Awards. Since 2016, I have had the pleasure of - [Civil Contempt in Bankruptcy: Exploring the Limits of the Bankruptcy Courts’ Subject Matter Jurisdiction](https://www.ncbarblog.com/civil-contempt-in-bankruptcy-exploring-the-limits-of-the-bankruptcy-courts-subject-matter-jurisdiction/) - Introduction Many of us are familiar with the famous, albeit purportedly apocryphal, quote by former president Andrew Jackson, who, upon hearing of the Court’s decision in Worcester v. Georgia, 31 U.S. 515 (1832), is supposed to have famously declared of Chief Justice John Marshall: “John Marshall has made his decision; now let him enforce it!” - [Is Every Vice President a Fiduciary?](https://www.ncbarblog.com/is-every-vice-president-a-fiduciary/) - Charlotte is a banking town, and in banking towns, everyone’s a vice president. If you work for a bank, brokerage firm, or other financial institution for a couple of years, you’ll make VP, even if your duties, management responsibilities, and pay don’t change. Dunn, Andrew, Your Charlotte bank VP title doesn’t really mean much, Charlotte - [Food Bank Opportunities With the Legal Feeding Frenzy](https://www.ncbarblog.com/food-bank-opportunities-with-the-legal-feeding-frenzy/) - Update: Register Legal Feeding Frenzy teams now at nclegalfeedingfrenzy.com. Food banks across North Carolina are welcoming volunteers from the legal community this January and February, and you should be one of them. Choose from among 11 dates and locations for the one (or more) that works best for you. To learn more or sign up, - [Organize Email with Categories in MS Outlook](https://www.ncbarblog.com/categories-in-ms-outlook/) - CATHERINE'S CALL Folders are the typical way Outlook users organize emails, but sometimes you may want other intelligence about an email (or task, contact, calendar event) for organizational purposes. While you can put copies of a single email into multiple folders, or rely on search, another option is to apply categories. The way lawyers can - [Survey Results Will Guide Us As We Build On Our Success](https://www.ncbarblog.com/survey-results-will-guide-us-as-we-build-on-our-success/) - Happy New Year! It is hard to believe that I am halfway into my tenure as chair. Earlier this month I checked off one of my goals as chair - to diversify the location of our section council meetings. As the results of our survey illustrate, one of the greatest values of membership in the - [BarCARES Program Offers Help For Legal Professionals](https://www.ncbarblog.com/barcares-program-offers-help-for-legal-professionals/) - One of the benefits of NCBA membership is access to BarCARES, a confidential, free service that provides referrals for counseling services. Members of local bars that subscribe to the program are also eligible. BarCARES offers participants up to three, no-cost sessions with counselors per year. If a participant wishes to have more counseling beyond that, - [Three-Section Networking Happy Hour In Fayetteville Feb. 28](https://www.ncbarblog.com/three-section-networking-happy-hour-in-fayetteville-feb-28/) - The NCBA Family Law, Estate Planning, and Military & Veterans Law Sections invite you to a joint networking happy hour in Fayetteville. Date and Time: 5 - 7 p.m., Thursday, Feb. 28 Location: The Mash House, 4150 Sycamore Dairy Road, Fayetteville RSVP onlineFree for all Section Members. Invite someone who could be a member. - [BarCARES Is All About You](https://www.ncbarblog.com/barcares-is-all-about-you/) - In 2019, BarCARES will release monthly blog publications highlighting its offerings and featuring attorneys who, notwithstanding the rigors of the profession, find ways to live their passion. The purpose: to reimagine BarCARES, to repurpose its role in the wellness conversation, and to change the wellness message from one that focuses on how to avoid known - [Smoke Signals: No Fiduciary Duty For Minority Shareholders — At Least Not Yet](https://www.ncbarblog.com/smoke-signals-no-fiduciary-duty-for-minority-shareholders-at-least-not-yet/) - The following excerpt is reprinted with the permission of and with credit to North Carolina Lawyers Weekly. Smoke has long been used for sending signals, but the North Carolina Supreme Court has sent some clear signals to stock owners while resolving a spat over smokes. On Dec. 7 a narrowly divided court stubbed out a - [Pro Bono Spotlight: Robin Stinson](https://www.ncbarblog.com/pro-bono-spotlight-robin-stinson/) - Pro Bono Project: NC Free Legal Answers Many people don’t have the finances or time to meet with an attorney. While most attorneys’ provide legal advice on a daily basis, some go the extra mile and answer legal questions for people who cannot afford an attorney or consultation fees through programs, such as NC Free - [Section 199A Pass-Through Deduction and the Magic Number](https://www.ncbarblog.com/section-199a-pass-through-deduction-and-the-magic-number/) - The 2017 Tax Act includes a new deduction for qualifying pass-through entities codified as Section 199A. Taxpayers other than corporations operating a business are generally allowed the deduction, subject to complex limitations, which require thoughtful planning to ensure taxpayers fully benefit. Certain classes of businesses deemed a “specified service trade or business” are subject to - [Hall Of Fame Gets New Name](https://www.ncbarblog.com/hall-of-fame-gets-new-name/) - The General Practice Hall of Fame will now be known as the Legal Practice Hall of Fame following formal approval of the name change by the North Carolina Bar Association Board of Governors at the winter meeting on Jan. 17. The deadline for nominations for the Legal Practice Hall Of Fame is March 22. Click here - [NC Supreme Court: Hairston v. Harward](https://www.ncbarblog.com/nc-supreme-court-hairston-v-harward/) - Dec. 7, 2018 In Hairston v. Harward, 821 S.E.2d 384 (N.C. 2018), the Court held that an underinsured motorist was not entitled to a credit against a judgment for payments made by the plaintiff’s underinsured motorists carrier. The case is interesting on many levels, including its discussion of the collateral source rule, what the reasoning - [January Tech Tip: iLovePDF Has Every Tool You Need to Work with PDFs](https://www.ncbarblog.com/january-tech-tip-ilovepdf-every-tool-you-need-to-work-with-pdfs/) - As the Division's Technology Chair, in addition to helping maintain the Paralegal Division webpage, I try to share technology tips and applications (usually free) that can make your work lives a little easier. If you find today’s “Tech Tip” useful, let us know. If you have a technology concern at work and you want to - [Settling Debts: A Cautionary Tale](https://www.ncbarblog.com/settling-debts-a-cautionary-tale/) - He Began to Cry My dental hygienist recently brought her father to consult with me to discuss filing bankruptcy. We will call him Steve. Steve had approximately $75,000.00 of credit card debt. He had retired from the State of North Carolina, at age 58, after working as a school teacher for thirty years. He had - [Federal Income Tax Update No. 2](https://www.ncbarblog.com/federal-income-tax-update-no-2/) - This is the second of two installments of this article. Read the first installment here. I. Charitable Deduction Fails Where Tax Basis Not Shown on Form 8283. Belair Woods, LLC v. Comm., TC Memo 2018-159, involved a taxpayer who tried to claim a conservation easement deduction under Section 170. Originally, Belair acquired an interest in - [Items of Interest: Tattoo Ownership, CA Sports Betting, Trademark Protection For 'Scandalous Brands,' Etc.](https://www.ncbarblog.com/items-of-interest-tattoo-ownership-ca-sports-betting-trademark-protection-for-scandalous-brands-etc/) - Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section Athletes Don’t Own Their Tattoos. That’s a Problem for Video Game Developers. California Sports Betting Faces Tough But Not Impossible Road Counterpoint: Maybe Athletes Should Rush To The Trademark Office ... If - [Checking In: Feb. 4, 2019](https://www.ncbarblog.com/checking-in-2/) - Robinson Bradshaw Announces Four New Shareholders New Robinson Bradshaw shareholder Mark Hiller's litigation practice includes representing and advising clients on significant matters involving class actions, business and contract disputes, trade secret disputes, bankruptcy-related litigation, cybersecurity and the False Claims Act, among other areas. Hiller earned his law degree from the University of Virginia and his bachelor’s - [2019 Health Law Section Annual Meeting and CLE](https://www.ncbarblog.com/2019-health-law-section-annual-meeting-and-cle/) - The Health Law Section Annual Meeting and CLE returns to the NC Bar Center in Cary (and via webcast) on Friday, March 8, 2019. It is never too early to think about CLE credits for 2019, and March is only one month away so please plan to join the Health Law Section for its CLE - [Health Law Networking Social in Raleigh with Highlights from Hamlet HMA v. Hernandez](https://www.ncbarblog.com/health-law-networking-social-in-raleigh-with-highlights-from-hamlet-hma-v-hernandez/) - The October 2018 decision in Hamlet HMA, LLC v. HernandezHamlet HMA is under review by the NC Supreme Court? How should providers evaluate business disputes and Chapter 75 claims as a weapon in litigation? Please join us for the highlights and discussion of the Hamlet HMA case and implications for disputes between providers, along with a chance - [Procedure Matters: Fourth Circuit Holds 180-Day Waiting Period for Federal Employees to File Suit is Not Jurisdictional](https://www.ncbarblog.com/procedure-matters-fourth-circuit-holds-180-day-waiting-period-for-federal-employees-to-file-suit-is-not-jurisdictional/) - In a published opinion on January 8, 2019, the Fourth Circuit concluded that Section 2000e-16(c), which applies to federal government workers, is not a jurisdictional requirement. The 180-day waiting period is instead a prudential prerequisite to suit. Because of the Court’s holding, employers will need to use Rule 12(b)(6) when claiming that the plaintiff failed - [Be Proactive: Online Reviews and Reputation Management](https://www.ncbarblog.com/be-proactive-online-reviews-and-reputation-management/) - Do you know what people are saying about you online? There are hundreds of online review sites, such as Yelp, Facebook and Google, as well as legal directories such as Avvo and lawyerratingz.com where anyone can add a review of your legal services. Following are some ways of how a firm can leverage reviews and - [Better Search for Your Computer](https://www.ncbarblog.com/full-text-search-engines/) - A full text search engine will increase the efficiency of a simple DIY file management system and there are a number of fairly low cost tools available. Increasingly a law firm's information is spread out on hard drives, cloud servers, local servers, external drives and elsewhere. Those with Windows 10 operating systems will find an - [Artificial Intelligence In Hiring: Do the Risks Outweigh the Advantages?](https://www.ncbarblog.com/artificial-intelligence-in-hiring-do-the-risks-outweigh-the-advantages/) - With the increasingly competitive workforce, employers are searching for ways to efficiently hire quality candidates. One method employers use to lower costs and simultaneously increase efficiency is the use of Artificial Intelligence (AI) to assist with the tedious job of searching through countless resumes. While AI undoubtedly offers significant advantages to employers, there are also - [Save Feb. 15: All-Star Weekend Networking Happy Hour](https://www.ncbarblog.com/save-feb-15-all-star-weekend-networking-happy-hour/) - The Sports Lawyers Association is hosting a networking happy hour during the NBA All Star weekend in Charlotte and has invited NCBA SEL members to attend if they are interested. All NCBA Sports & Entertainment Law Members are welcome to attend! Please RSVP in advance if you would like to attend. Details of the event - [New Year, New Estate Recovery Headaches](https://www.ncbarblog.com/new-year-new-estate-recovery-headaches/) - Background In 2017, North Carolina adopted an amendment to its State Medicaid Plan that changed waivers of estate recovery in certain cases, most notably when the recipient is survived by a spouse or disabled child, to a deferral. State Plan Amendment 17-0005 was approved by the Center for Medicare & Medicaid Services on August 1, - [Increasing Diversity In the Profession: The Fifth Annual Minority Pre-Law Conference](https://www.ncbarblog.com/increasing-diversity-in-the-profession-the-fifth-annual-minority-pre-law-conference/) - Increasing the presence of minorities in the legal profession is an important goal of the North Carolina Bar Association’s Minorities in the Profession Committee (MIP). According to the American Bar Association, law is the least diverse profession in the nation. Nationally, eighty-eight percent of lawyers are white and roughly two-thirds are men. Improving this lack - [Running Blind in Multi-Party Mediations](https://www.ncbarblog.com/running-blind-in-multi-party-mediations/) - Running blind in a multiparty mediation may seem, at first glance, to be dangerous. In reality, negotiating without knowing the amount that co-defendants are offering, i.e. being “blind” is a frequently used tactic in larger construction cases as it expedites the process of negotiations. By purposefully choosing not to be informed about the nature and - [NC COA: Modification Of Custody, Walsh v. Jones](https://www.ncbarblog.com/nc-coa-modification-of-custody-walsh-v-jones/) - The Father's record from 2004 and 2005 included acts of domestic violence, abuse of illegal drugs, anger management issues, and allegations of inappropriate touching of the minor child. In 2010, the court found Father was not a fit and proper person to have custody or visitation of any nature. In 2016, Father filed a Motion - [Why I Joined the Paralegal Division Council](https://www.ncbarblog.com/why-i-joined-the-paralegal-division-council/) - I’ve sat down a few times to write this particular blog. My goal is to encourage fellow Paralegal Division members to submit a nomination to become a council member. However, every time I’ve started to write this blog post, the first two sentences have always sounded like a business pitch and felt very impersonal. To - [Data Privacy Law: Not Just For the Big Guys](https://www.ncbarblog.com/data-privacy-law-not-just-for-the-big-guys/) - year, data security and privacy law are definitively in vogue. Between Russia’s social media campaigns,[1] renewed tensions with China that include their industrial cyber theft operations,[2] breaches at major U.S. companies like Equifax,[3] Facebook,[4] Yahoo,[5] and Marriot,[6] and the unending barrage of privacy policy updates that the European Union’s General Data Protection Regulation (“GDPR”) has - [Responding To an Unexpected Offer To Sell Your Company](https://www.ncbarblog.com/responding-to-an-unexpected-offer-to-sell-your-company/) - Sponsored Post High Rock Partners is a sponsor of the NCBA Business Law Section's 2019 Business Law Institute and Annual Meeting. A boutique firm of strategic and M&A advisors located in Raleigh, N.C., (in the RTP area), High Rock serves leaders of emerging growth and middle market companies. We assist owners and management in selling - [Thursday and Friday: Business Law Institute and Business Law and International Law & Practice Annual Meetings](https://www.ncbarblog.com/thursday-and-friday-business-law-institute-and-business-law-and-international-law-practice-annual-meetings/) - Need CLE? The Business Law Institute and the Business Law & International Law & Practice Annual Meetings will be held on Thursday, Feb. 14 and Friday, Feb. 15. Find details and registration for the Business Law Institute here and and the Business Law & International Law & Practice CLE here. Thursday, Feb. 14: Business Law Institute Focus - [Protect a Portion of a Word Document](https://www.ncbarblog.com/protect-a-portion-of-a-word-document/) - Do you need to share a word processing document with someone but want to limit what text the recipient can edit? For instance, would you like to create a pre-approved contract that allows some clauses to be editable? Or do you have standard internal documents that you would like to make available to everyone but - [Here's the Alternative: 2019 Health Law Section Annual Meeting and CLE](https://www.ncbarblog.com/whats-the-alternative-2019-health-law-section-annual-meeting-and-cle/) - The Health Law Section Annual Meeting and CLE program, “Navigating Healthcare Challenges for 2019: Alternative Payment Models and Behavioral Health Issues” takes place at the NC Bar Center in Cary on Friday, March 8, 2019. The entire morning session of this CLE program will cover Alternative Payment Models. This session will include a discussion of - [Turning On Two-Factor Authentication for Office 365](https://www.ncbarblog.com/turning-on-two-factor-authentication-for-office-365/) - In the age of technology, stolen identities, compromised credit cards and all things online, technology companies like Google, Facebook, Microsoft, and others are trying to help us. These companies have come to recognize that they cannot force their users to use strong passwords and change them frequently. Welcome to two-factor authentication. You may have heard - [No Protection Under Law: The Unchecked Prevalence Of Violence Against Women In North Korea](https://www.ncbarblog.com/no-protection-under-law-the-unchecked-prevalence-of-violence-against-women-in-north-korea/) - You Cry at Night but Don’t Know Why,”documents the sad reality faced by many women in North Korea. Women are routinely raped, abused, and mistreated by men—many of whom are government officials—with impunity. The crimes all too frequently go unpunished and unreported, as rape is typically not investigated or prosecuted unless significant injury or death - [Top 5 Federal L&E Developments From the Past Year](https://www.ncbarblog.com/top-5-federal-le-developments-from-the-past-year/) - With many of President Trump’s agency nominations being held up in the Senate, followed by the longest government shutdown in history, it’s been a relatively quiet year for labor and employment law at the federal level. Nonetheless, here are my picks for the most significant developments of the past year. No. 1: #MeToo. Although a little - [International GC Panel In Durham April 10](https://www.ncbarblog.com/international-gc-panel-in-durham-april-10/) - It is a time for exciting new beginnings, but it is also when new laws and regulations go into effect. What if you had to take into account laws and regulations around the globe? Whether it is privacy, employment, or something else entirely, the global regulatory landscape is as varied as the cultures of the - [Members In Focus: Cheslie Kryst Knows the Beauty of Persistence](https://www.ncbarblog.com/members-in-focus-cheslie-kryst/) - Photos by Blue Method Films Cheslie Kryst failed to win the Miss North Carolina crown on her first attempt in 2014. It wasn’t bad for a first try, though. She cracked the top 10 and won a swimsuit award. Before she went for the prize again in 2015, she prepared relentlessly: thousands of ab reps, - [The Immigration Benefits Of Military Parole In Place](https://www.ncbarblog.com/the-immigration-benefits-of-military-parole-in-place/) - Guest Post When a military member is threatened with potential negative immigration consequences to their family, it may have a significant impact on the military member’s morale and readiness to perform the duties of their service. Recognizing this, the U.S. government has created certain discretionary benefits to ease the immigration process for military members’ families. One - [One Hour Of Substance Abuse and Mental Health CLE Credit: 2019 Health Law Section Annual Meeting and CLE](https://www.ncbarblog.com/one-hour-of-substance-abuse-and-mental-health-cle-credit-2019-health-law-section-annual-meeting-and-cle/) - The Health Law Section Annual Meeting and CLE program, “Navigating Healthcare Challenges for 2019: Alternative Payment Models and Behavioral Health Issues” takes place at the NC Bar Center in Cary pn Friday, March 8. The first afternoon session of this CLE program will cover “Treating Behavioral Health Issues and Substance Use Disorders: The Intersection of - [Don’t Brew Up Trouble In Beer Name Selection](https://www.ncbarblog.com/dont-brew-up-trouble-in-beer-name-selection/) - Most attorneys advising new breweries remember to ensure no other brewery exists with the same name the client has selected. The work relating to that brewery’s trademarks does not, however, end upon successful naming of the brewery itself. Unless a brewery sticks to generic names for its beers (e.g., IPA, pale ale), it may run - [A Young Lawyer's Guide To Building a Client Base](https://www.ncbarblog.com/a-young-lawyers-guide-to-building-a-client-base/) - Like you, when I graduated from law school, I found a job with a midsize law firm making a base salary of $80,000 the first year, plus bonuses. The second year, I made $85,000, plus bonuses. The firm gave me a low-interest mortgage so I could buy a home, and two country club memberships. And - [Hemp and CBD Law In North Carolina: A 2019 Update](https://www.ncbarblog.com/hemp-and-cbd-law-in-north-carolina-a-2019-update/) - As the calendar turns to 2019, it feels as though everyone is in the mood to talk hemp, or its well-known derivative, cannabidiol, more commonly known as “CBD.” The uptick in hemp talk is no coincidence. Several recent updates to federal and North Carolina statutes and regulations have opened up the possibility of a vast - [The Advocate’s Award Goes To Legal Aid Icon Ted Fillette](https://www.ncbarblog.com/legal-aid-icon-ted-fillette-steps-aside-after-45-years-of-service-leadership/) - The Litigation Section has honored Ted Fillette as the 11th recipient of The Advocate’s Award. Presented as merited, the award recognizes “superstars” of the section and the legal profession. Rick Conner, section secretary, presented the award during a Litigation Section networking event in Charlotte on Wednesday, Feb. 13. Fillette retired last year following 45 years - [Tweets, Blawgs and Apps: Use Your Phone To Become a Better Legal Writer](https://www.ncbarblog.com/home-writing-that-works/) - If you’re reading this column, it’s a safe bet that you have a smartphone within reach. Depending on whose numbers you believe, upwards of 77 percent of Americans own a smartphone. And for Americans in the Millennial Generation, that number tops 90 percent. Our smartphones have become indispensable tools in many facets of life. Although I - [To Protect and Serve . . . and Make a Living: Court Rules Moonlighting Police Officers Are Employees At Second Jobs](https://www.ncbarblog.com/to-protect-and-serve-and-make-a-living-court-rules-moonlighting-police-officers-are-employees-at-second-jobs/) - Last week, the U.S. Court of Appeals for the Sixth Circuit recognized that “the way we work in America is changing. The relationships between companies and their workers are more fluid and varied than in decades past.” Acosta v. Off Duty Police Services, Inc., Nos. 17-5995/6071 (6th Cir. Feb. 12, 2019). Many companies now seek - [How To Handle Construction Cost Escalations Due To Tariffs and Other Market Forces](https://www.ncbarblog.com/how-to-handle-construction-cost-escalations-due-to-tariffs-and-other-market-forces/) - Over the past year, the imposition of tariffs on foreign goods and potential trade wars have caused prices for various construction materials to increase dramatically. Current tariffs affecting the construction industry include tariffs on steel, aluminum, Canadian lumber and a plethora of Chinese imports, while the threat of a trade war and potential sanctions have - [When the Cloud Is Down](https://www.ncbarblog.com/when-the-cloud-is-down/) - Law firms have adopted many "cloud" or SaaS (software as a Service) products for practice and case management, document storage, online backup, their office suite and more. NC State Bar Council 2011 Formal Opinion 6 outlines considerations law firms should make when evaluating cloud products. While the opinion does not set forth specific security requirements, it does - [YLD: Legal Link Seeking Volunteer Speakers](https://www.ncbarblog.com/yld-legal-link-seeking-volunteer-speakers/) - Legal LINK is a committee of the Young Lawyers Division. Legal LINK stands for Leadership, Information, Networking, and Knowledge. This program is designed to increase interest in legal careers among high school students who are underrepresented in the legal profession. Legal LINK consists of one-hour sessions focused on each of the LINK building blocks and - [Spotlight on Kate Deiter-Maradei](https://www.ncbarblog.com/spotlight-on-kate-deiter-maradei/) - DR Spotlight is a Q&A series that focuses on Dispute Resolution Section members. Kate Deiter-Maradei is a mediator in Raleigh at Deiter Mediation. Kate has been mediating full time for almost six years after practicing as a litigation attorney for 10 years with Teague Campbell. She has been on the NCBA Dispute Resolution Section Council - [Wake Tech Hosts Workshop on the Legal Aspects of International Trade](https://www.ncbarblog.com/wake-tech-hosts-workshop-on-the-legal-aspects-of-international-trade/) - On Feb. 12, Wake Technical Community College hosted a workshop on the Legal Aspects of International Trade at its Research Triangle Park campus. The workshop aimed to educate small businesses that wish to expand globally. The North Carolina Bar Association served as a sponsor of the event, and several NCBA members attended the event or - [ABCs of Criminal Court CLE Scheduled for March 15](https://www.ncbarblog.com/9420-2/) - Nuances and complexities abound in criminal and traffic law. The simplest of cases may have unfathomable consequences to your client’s finances, employment opportunities, even their freedom. A CLE that glosses over the basics is not enough. A CLE that offers an in-depth look at obscure subject matter is not sufficient. Get ahead on your 2019 - [Explore More in MS Office 365 Business Premium](https://www.ncbarblog.com/tools-to-explore-in-ms-office-365-business-premium/) - If you have taken the plunge and subscribed to Office 365 Business Premium you are likely aware that the Office suite (Outlook, Word, PowerPoint, Excel) is now not only installed on the desktop but also has a cloud component, syncing your work and making sharing easier. However, you may not be as aware of additional - [NC Legislative Filing: H.B. 50 - Allow Hyperbaric Oxygen Therapy for TBI/PTSD](https://www.ncbarblog.com/nc-legislative-filing-h-b-50-allow-hyperbaric-oxygen-therapy-for-tbi-ptsd/) - Bill Website: https://www.ncleg.gov/BillLookUp/2019/H50 Summary: This bill proposes to allow certain medical professionals to treat veterans who have PTSD or TBI with hyperbaric oxygen therapy (HBOT). Further Reading: In early 2018, the VA obtained an evidence brief related to the use of HBOT to treat PTSD and TBI, which is available at https://www.hsrd.research.va.gov/publications/esp/hbot.cfm. This brief concludes - [4ALL: A Chance For Volunteers To Help In Real Time](https://www.ncbarblog.com/4all-a-chance-for-volunteers-to-help-in-real-time/) - 4ALL Statewide Service Day, scheduled for March 1, gives North Carolinians the opportunity to ask law-related questions of NCBA volunteers at no cost. The event is sponsored by the North Carolina Bar Foundation. Click here to register to volunteer. The first Friday in March is blocked on my calendar. I am a 4ALL volunteer. Across - [Committee Service: Who Knows Where It Might Lead?](https://www.ncbarblog.com/the-value-of-committee-membership/) - How is it that a young lawyer who joined a little committee to look at whether we had 100 lawyers in the state to make up a Section called Antitrust and Trade Regulation could go from that moment in time to this moment in time? I asked this question at last year’s Annual Meeting after - [Paralegal Potpourri: Join the Division Council, Volunteer Opportunities, New NCCP Digital Badge](https://www.ncbarblog.com/paralegal-potpourri-join-the-division-council-volunteer-opportunities-new-nccp-digital-badge/) - Take a minute to catch up on the latest news and happenings regarding the Paralegal Division. Join the next group of Paralegal Division leaders Would you like to be more engaged in the future success of the Paralegal Division? Are you looking for an opportunity to grow your leadership skills? One way is to serve - [Pro Bono Spotlight: Chadwick McCullen](https://www.ncbarblog.com/pro-bono-spotlight/) - Pro Bono Project: Wills for Heroes Chadwick McCullen's pro bono work focuses on Wills for Heroes, a program that enables its volunteers to prepare essential legal documents — including wills, living wills, and powers of attorney — free of charge to North Carolina first responders (police officers, sheriff’s deputies, EMS, fire and rescue workers) and their - [Giving the People What They Want: The Ability To Contact Their Lawyer Even When You Aren’t At Your Desk](https://www.ncbarblog.com/giving-the-people-what-they-want-the-ability-to-contact-their-lawyer-even-when-you-arent-at-your-desk/) - My clients have the ability to get a hold of me on the telephone, even when I’m not at my desk. Furthermore, they can even contact me when I am not even in the office. However, this does not mean that I have succumbed to breaking my golden rule of never willingly giving out my - [Annual Meeting: The Time Is This Summer - At Biltmore](https://www.ncbarblog.com/blog-theme-post/) - There will be a time when your NCBA Annual Meeting includes three hours of CLE in the cost of registration. There will be a time when family and friends attend because afternoons are open to enjoy activities at North Carolina's most visited home. There will be a time when nationally renowned speakers address one of - [Five Issues To Watch For In Federal Privacy Legislation](https://www.ncbarblog.com/five-issues-to-watch-for-in-federal-privacy-legislation/) - Corporate America, retooling privacy programs following California and Europe’s enactment of comprehensive privacy standards, is looking to Congress for a federal counterpart. The United States has traditionally had little appetite for comprehensive privacy regulation. Instead, it has followed a sectoral approach, protecting specific sectors such as health (such as Health Insurance Portability Accountability Act or - [Appellate Update](https://www.ncbarblog.com/appellate-update/) - Time for our regular case roundup. The 4th Circuit issued several important decisions over the past two months, including clarifying the standard for retaliation claims under the False Claims Act, allowing rumors to support a Title VII claim, and providing two clashing opinions on medical exams of current employees. United States ex rel. Grant v. - [Substantial Confusion? The Lessons From Ramsey v. Ramsey](https://www.ncbarblog.com/substantial-confusion-the-lessons-from-ramsey-v-ramsey/) - A recent case from the North Carolina Court of Appeals, Ramsey v. Ramsey, published Feb. 5, 2019 (No. COA18-600) not only serves as a cautionary tale for practitioners but may also lead to important guidance from North Carolina’s appellate courts regarding the dismissal of appeals. In short, Judge Zachary, writing for the majority, dismissed the - [Still Time To Register: 2019 Health Law Section Annual Meeting and CLE](https://www.ncbarblog.com/still-time-to-register-2019-health-law-section-annual-meeting-and-cle/) - It is not too late to register for the Health Law Section Annual Meeting and CLE program, “Navigating Healthcare Challenges for 2019: Alternative Payment Models and Behavioral Health Issues,” which will take place at the NC Bar Center in Cary on Friday, March 8. The CLE will provide 6 total CLE credits, including 1.00 substance - [Join Us For the 2019 IP Law Section Annual Meeting and CLE](https://www.ncbarblog.com/join-us-for-the-2019-ip-law-section-annual-meeting-and-cle/) - Intellectual Property: Ready for the New Decade 2019 Intellectual Property Law Section and Sports & Entertainment Section Annual Meeting Friday, April 5, 2019 at the Sheraton Charlotte Hotel, Charlotte 6.75 hours of CLE credit, includes 1.0 hour ethics/professional responsibility Register here. Planned by the NCBA Intellectual Property and Sports & Entertainment Sections Please join us - [Fact Gathering and Analysis: Business Research Resources](https://www.ncbarblog.com/business-research-resources/) - Finding information about companies, such as financials, principles, employees, valuation, competitors, credit and financial health for publicly traded companies is possible if you don't mind digging through SEC filings. For nonprofits, religious institutions and privately held companies it requires even more digging, and the information is not always easily available. Whether you are looking at - [Why Pro Bono?](https://www.ncbarblog.com/why-pro-bono/) - The first time I heard the term “pro bono” was in the 2001 movie, “I Am Sam.” Sean Penn played a single father with a learning disability who was fighting to retain parental rights of his 7-year-old daughter, played by Dakota Fanning, after her mother abandoned them. The attorney who takes on his case pro - [Attachment and Garnishment of Bank Accounts: NC Department of Revenue Collection Practices](https://www.ncbarblog.com/attachment-and-garnishment-of-bank-accounts-nc-department-of-revenue-collection-practices/) - The IRS has a resounding reputation as the tax collecting body to be feared in the United States. It is the North Carolina Department of Revenue (“NCDOR”), however, that should properly be placed on the section of the map marked “Here Be Dragons.” One of the NCDOR’s most effective powers is the Attachment and Garnishment - [Section’s John McNeill Smith Jr. Award Honors Henry M. “Mickey” Michaux Jr.](https://www.ncbarblog.com/sections-john-mcneill-smith-jr-award-honors-henry-m-mickey-michaux-jr/) - The Constitutional Rights & Responsibilities Section was pleased to honor Henry M. “Mickey” Michaux Jr., a titan of the civil rights movement, 43-year veteran of the North Carolina General Assembly, and champion of justice and equality through the law, at the Section’s annual CLE on Feb. 22, 2019. Eric Doggett presented the Section’s John McNeill - [Section CLE and Save the Dates](https://www.ncbarblog.com/section-cle-and-save-the-dates/) - CLE Recap and Online Replay On Feb. 22, 2019, attorneys participated live and via webcast in the Section’s annual CLE (co-sponsored with the Government & Public Sector Section). The program, entitled "In Tune or Off Key – Law, Government, Constitutional Rights and Responsibilities," featured a number of presentations related to constitutional and other public sector - [NC COA: TPR Sufficiency Of Pleadings, In the Matter Of I.R.L.](https://www.ncbarblog.com/nc-coa-tpr-sufficiency-of-pleadings-in-the-matter-of-i-r-l/) - Parental rights, COA18-427, Jan. 15, 2019, In the Matter of I.R.L, Robeson County After a termination of parental rights hearing, Respondent-Father (“Father”) appealed the termination of his parental rights. The COA reversed and remanded the issue to the trial court. The minor (“child”) was born in February 2014, and Father and Petitioner-Mother (“Mother”) lived together - [Court Puts EEO-1 Pay Data Back In Play. Now What?](https://www.ncbarblog.com/court-puts-eeo-1-pay-data-back-in-play-now-what/) - A federal judge in the District of Columbia has ordered that the pay data collection component of EEO-1 reports, which never took effect, be restored. Background The pay data survey, proposed in early 2016 during the Obama Administration, would require employers to report in their annual EEO-1 reports the number of employees in 12 "pay - [In the News: ABA Bar Leader Shines Light On NCBA Executive Director Jason Hensley](https://www.ncbarblog.com/in-the-news-aba-bar-leader-shines-light-on-ncba-executive-director-jason-hensley/) - Further solidifying the North Carolina Bar Association's reputation as one of the most innovative bar associations in the country, the American Bar Association's Bar Leader publication featured comments from NCBA Executive Director Jason Hensley in a pair of articles this month. The article "Right On the Money: Careful Strategy, New Technology Help Bars Move Toward - [Checking In: March 13, 2019](https://www.ncbarblog.com/march-checking-in/) - Smith Anderson announces the hiring of Chandler Spaulding, who will serve as the firm’s director of strategic communications and government relations. Prior to joining Smith Anderson, Chandler worked in a variety of public policy and communications roles, including with the North Carolina General Assembly, Duke University, the White House Office of Communications and NBC Entertainment. - [How To Track Time With a Tomato](https://www.ncbarblog.com/how-to-track-time-with-a-tomato/) - Tracking time is the bane of many lawyers’ existence. Few would agree it is an exercise they enjoy. While some excel at it, many factors, including attempting to multitask and daily distractions make accurate time tracking difficult, overwhelming and sometimes loathsome. How can a tomato help you make tracking time easier? Find this article and - [What You and Your Employees Need to Know About Phishing Attacks](https://www.ncbarblog.com/what-you-and-your-employees-need-to-know-about-phishing-attacks/) - Phishing is just one of many tools in a cyber hacker’s repertoire and it happens to be one of their most effective. Through phishing, hackers dangle their bait in front of preoccupied employees who would never dream that their PC could provide an open door for a hacker. That’s why it is so important that - [e.l.f. Cosmetics Agrees To Pay Nearly $1 Million To Settle Apparent Violations Of U.S. Sanctions Against North Korea](https://www.ncbarblog.com/e-l-f-cosmetics-agrees-to-pay-nearly-1-million-to-settle-apparent-violations-of-u-s-sanctions-against-north-korea/) - This enforcement action underscores the risks of sourcing products without comprehensive supply chain due diligence. On January 31, 2019, the Office of Foreign Assets Control (“OFAC”) of the U.S. Department of the Treasury announced that e.l.f. Cosmetics, Inc. (“ELF”) agreed to pay a $996,080 settlement arising from 156 apparent violations of OFAC’s North Korea Sanctions - [Reminder: NCBA EENR Sustainability Essay Contest](https://www.ncbarblog.com/reminder-ncba-eenr-sustainability-essay-contest/) - Please pass along the following information to any high school students in your contacts that may be interested in writing about North Carolina's sustainable future. The North Carolina Bar Association’s Environment, Energy & Natural Resources Law Section is pleased to announce that it is again sponsoring a sustainability essay contest. Essays by last year's contest - [NC COA: In the Matter of E.M.](https://www.ncbarblog.com/nc-coa-in-the-matter-of-e-m/) - Juvenile Delinquency, COA 18-685, Jan. 15, 2019, In the Matter of E.M., Mecklenburg County Holding: The trial court must order a mental evaluation of a minor, and thus has no discretion, if evidence is presented that the juvenile is mentally ill or developmentally disabled during a juvenile hearing. A minor child (“Minor”) appealed from an order - [Basic Security Best Practices for Law Firms](https://www.ncbarblog.com/basic-security-best-practices-for-law-firms/) - “Reasonable efforts” to ensure confidentiality of client information is fact-specific. In North Carolina RPC 1.6 Comment 19 suggests that a lawyer should examine the sensitivity of the information, the risk of disclosure without additional precautions, the cost of extra measures, the difficulty of adding safeguards, and whether more safeguards adversely affect the lawyer’s ability to - [Members In Focus: Lt. Col. Robert Rideout Relishes Roles In the Army and the Law](https://www.ncbarblog.com/members-in-focus-lt-col-robert-rideout-relishes-roles-in-the-army-and-the-law/) - Robert Rideout doesn’t recall what he was listening to in the bunker during this particular rocket attack in Kandahar, in the photo above. To his right, incidentally, is fellow attorney and Deputy Director-Legal Maj. Thomas DeSplinter of Kirkland & Ellis in Chicago. Photo courtesy of Robert Rideout. In the 1990s, Robert Rideout earned degrees - [Spotlight On Frank Laney](https://www.ncbarblog.com/spotlight-on-frank-laney/) - DR Spotlight is a Q&A series that focuses on Dispute Resolution Section members. Frank Laney is Circuit Mediator for the U.S. 4th Circuit Court of Appeals. He lives in Cary with his wife, Anne, who is principle flute with the N.C. Symphony. Laney teaches Mediation Advocacy at Campbell Law School and goes to Belarus yearly - [NC Pro Bono Honor Society Wants To Recognize Your Work](https://www.ncbarblog.com/nc-pro-bono-honor-society-wants-to-recognize-your-work/) - Our Supreme Court notes “Equal Justice Under Law” on its building. Yet, access to this justice only truly exists when it is available to all members of our state, regardless of ability to pay. A failure to provide adequate legal services to those of modest means affects both the economic and social fabric of our - [MacCord's List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/maccords-list-ip-news-notices-from-art-maccord-14/) - Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here. Aug. 6, 2019 Changes to the Trademark Rules of Practice To - [Dispute Resolution Commission Quarterly Meeting](https://www.ncbarblog.com/dispute-resolution-commission-quarterly-meeting/) - The North Carolina Dispute Resolution Commission (NCDRC) held its quarterly meeting on March 1, 2019, at the Washington Duke Inn in Durham. The meeting, led by the Commission's chair, the Honorable William A. Webb, was extremely productive as well as informative. Each of the NCDRC’s numerous committees reported on work completed this past quarter including, - [USPTO China Road Show Coming To Durham](https://www.ncbarblog.com/strategies-for-ip-protection-in-china-what-nc-businesses-need-to-know/) - U.S. Patent and Trademark Office’s China Intellectual Property (IP) Road Show Find details and a registration link here. 9 a.m. – 4:30 p.m., Thursday, April 25 Sanford School of Public Policy, Duke University The U.S. Patent and Trademark Office’s China Intellectual Property (IP) Road Show is a free, one-day program that brings together experts from - [Top Tips From ABA TECHSHOW 2019 '60 Tips In 60 Minutes'](https://www.ncbarblog.com/top-tips-from-aba-techshow-2019-60-tips-in-60-minutes/) - Each year the ABA TECHSHOW concludes the conference with a plenary session featuring a lightning fast, multi-speaker tips program. Some of the tips can be whimsical or esoteric but among the light-hearted nuggets are also some great, actionable bits of information lawyers can put into practice now. Following are some of the immediately useful tips - [Pro Bono Spotlight: Heather Culp](https://www.ncbarblog.com/pro-bono-spotlight-2/) - Pro Bono Project: NC Free Legal Answers For Attorney Heather Culp of Essex Richards, P.A. in Charlotte, every year brings the same challenge: to complete at least 50 hours of pro bono work for her fellow North Carolinians. Find out how you can volunteer with NC Free Legal Answers to do pro bono work at - [Think the CCPA Does Not Apply To You Or Your Clients? Better Think Again.](https://www.ncbarblog.com/think-the-ccpa-does-not-apply-to-you-or-your-clients-better-think-again/) - In late February 2019, a new amendment to the California Consumer Privacy Act (“CCPA,” “Act,” “title”) was proposed—SB-561. On its face this is a very significant amendment in that it changes the consumer’s private right of action from a very constrained set of circumstances to the violation of any “right under this title.” But a - [It’s Not Easy Being 'Green' . . . Or Is It? (Part 1)](https://www.ncbarblog.com/its-not-easy-being-green-or-is-it-part-1/) - This article is the first in a pair of articles related to “Green Policies” and how to implement them. The second part in this series will be published in the coming weeks. Your corporate General Counsel client calls and says, “Our largest customer (or our largest institutional investor) wants to see our green renewable energy - [Tech-Tip: Co-Parenting Apps For the Estranged Family Law Client](https://www.ncbarblog.com/tech-tip-co-parenting-apps-for-the-estranged-family-law-client/) - Navigating a family law matter can be one of the most emotionally painful circumstances someone will ever encounter. By the time a client calls a family law attorney, they are generally in the throes of some of the most difficult times of their lives. For the legal professional working in family law, you are often - [The State of US Immigration Law From I to V (ICE to Visas)](https://www.ncbarblog.com/the-state-of-us-immigration-law-from-i-to-v-ice-to-visas/) - The state of US immigration law is in the throes of tremendous change, under unprecedented stresses as an old system struggles to deal with today’s reality. Mass migration is common and will only increase, the World Bank attributing 140 million alone due to climate change by 2050, seen today both by the professional seeking better - [Paralegals In the Trademark Industry](https://www.ncbarblog.com/paralegals-in-the-trademark-industry/) - In my experience, trademark paralegals take up a larger proportion of the head count, draft a greater percentage of substantive work product, and tend to have more direct contact with clients than they do in any other practice group. Where many practices have large projects that take up most of an employee’s time over a - [Testing Well: Holding Drug Testers Accountable for False Positives](https://www.ncbarblog.com/testing-well-holding-drug-testers-accountable-for-false-positives/) - North Carolina law imposes stringent requirements on employee drug testing. But courts have long held that employers who fire employees on the basis of false positives are not liable for the employees’ harms and losses. Last week, the South Carolina Supreme Court changed all that. The Court held that laboratories owe a duty of reasonable - [NC COA: Morgan v. Defeo](https://www.ncbarblog.com/nc-coa-morgan-v-defeo/) - Equitable Distribution, COA 18-322, Feb. 5, 2019, Morgan v. Defeo, Iredell County Plaintiff requested an ex parte Domestic Violence Protective Order against Defendant alleging the “defendant attempted to cause or has caused bodily injury and that the defendant continues to lie on social media about her.” The trial court granted Plaintiff’s ex parte DVPO and - [NC COA: Bezzek v. Bezzek](https://www.ncbarblog.com/nc-coa-bezzek-v-bezzek/) - Domestic Violence, COA18-761, Feb. 19, 2019, Bezzek v. Bezzek, Orange County Husband filed a complaint for absolute divorce and equitable distribution. Wife admitted the allegations for absolute divorce but filed a motion to dismiss the claim for equitable distribution because the parties had previously executed a separation agreement addressing equitable distribution. Husband responded with a - [The Value of Membership: Why Should You Join the Family Law Section of the NCBA?](https://www.ncbarblog.com/the-value-of-membership-why-should-you-join-the-family-law-section-of-the-ncba/) - I have been a member of the NCBA Family Law Section for nearly 22 years. If you asked me why I joined back in 1997, I probably would have said, “because that’s what you’re supposed to do, and Marc Sokol is paying for it.” If you ask me today, my answer is still the same - [The Ricky Ricardo Tax: Taxation of Marital Transfers to Non-Citizen Spouses](https://www.ncbarblog.com/the-ricky-ricardo-tax-taxation-of-marital-transfers-to-non-citizen-spouses/) - “I Love Lucy,” running originally from 1957 to 1960, exists in the collective memory of multiple generations of Americans as one of our most iconic television programs. In fact, in 2012 (52 years after its end-date) it was voted as the “Best TV Show of All Time” in a survey conducted by ABC News and - [Pay ’Em Like Beckham: US Soccer Lawsuit Pushes Gender Discrimination in Athletics to the Forefront](https://www.ncbarblog.com/pay-em-like-beckham-us-soccer-lawsuit-pushes-gender-discrimination-in-athletics-to-the-forefront/) - Gender discrimination in international team sports has long been a fraught issue, and US soccer is no exception. The US Senior Men’s National Soccer Team (“MNT”) hasn’t exactly been setting the world on fire. The MNT didn’t even qualify for the most recent World Cup. Yet, year after year, and decade after decade at this - [Elder & Special Needs Law Section: Chair's Comments](https://www.ncbarblog.com/elder-special-needs-law-section-chairs-comments/) - We had a successful Elder & Special Needs Law Symposium in Pinehurst in February. Thank you to the CLE committee who put the program together (Kara Gansmann, Nicki Applefield Engel, and Nancy Mayer). If you were not able to attend, the materials can be acquired through the NCBA CLE. I have already utilized the materials - [Consider Texting with Clients](https://www.ncbarblog.com/consider-texting-with-clients/) - Many attorneys react to the thought of texting with clients with a solid “no way!” However, attorneys are feeling the pressure to text with clients since texting is a normal communication tool for most everyone these days. Clients in certain industries, such as construction, prefer texting because they are literally in an environment that makes - [Checking In: April 3, 2019](https://www.ncbarblog.com/april-3-checking-in/) - Alex Pearce, a privacy attorney formerly with SAS Institute, has joined Wyrick Robbins as a member of the firm's privacy and data security team. Pearce's front-line experience managing SAS’s privacy compliance program and his more recent experience advising businesses on data protection matters arising in litigation, will complement the team’s current work. Pearce is also - [Items of Interest: Gigi Hadid Suit, Fiji Water Girl, ESports Issues](https://www.ncbarblog.com/articles-of-interest-gigi-hadid-suit-fiji-water-girl-esports-issues/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section: Gigi Hadid Photo Provokes Copyright Lawsuit Fiji Water Girl and Fiji Water Company Cross Streams The ESports Industry-The Top Ten Labor and Employment Law Issues State, feds seize $100,000 in fake jerseys and - [Hats, Bracketology and PSAP](https://www.ncbarblog.com/hats-bracketology-and-psap/) - The Dispute Resolution Section CLE and Annual Meeting, held in the midst of March Madness, was a big success. Donna Savage and her team put together an outstanding program. All the speakers presented interesting ideas and gave the attendees the value of their decades of conflict resolution experience. You can still view the program and - [NC COA: Equitable Distribution, Nordman v. Nordman](https://www.ncbarblog.com/nc-coa-equitable-distribution-nordman-v-nordman/) - Equitable Distribution, COA18-405, Feb. 19, 2019, Nordman v. Nordman, Iredell County Equitable distribution orders and contempt orders are both immediately appealable. Equitable distribution order remanded for further findings of fact on all factors within Section 50-20(c) supported by the evidence at trial. The trial court must make findings of fact concerning each distributional factor for - [NC COA: Child Custody/UCCJEA, Walz v. Walz](https://www.ncbarblog.com/nc-coa-child-custody-uccjea-walz-v-walz/) - Child custody, subject matter jurisdiction/UCCJEA, COA18-240, Feb. 19, 2019, Walz v. Walz, Carteret County Holding: The trial court erred in finding that North Carolina was the “home state” of the two minor children and in exercising emergency jurisdiction. The trial court lacked subject matter jurisdiction to make the initial child-custody determination. In May 2015, Husband - [NC COA: Entry of Default & Specific Performance, Jones v. Jones](https://www.ncbarblog.com/nc-coa-entry-of-default-specific-performance-jones-v-jones/) - Entry of Default, Specific Performance, COA18-478, Jones v. Jones, Feb. 5, 2019, Lee County This matter was originally appealed in action COA14-507. After certifying this Court’s decision to the district court, Plaintiff filed a motion for entry of default, and a default judgment was entered on the same day. Defendant filed a motion to set - [An Historic Quarter at the Supreme Court of North Carolina](https://www.ncbarblog.com/a-historic-quarter-at-the-supreme-court-of-north-carolina/) - The members of the NCBA Appellate Practice Section respectfully recognize and honor that the year 2019 marks a crescendo in a highly significant commemorative period for the North Carolina Judicial System, with 2016-2019 milestones including the 50th anniversaries of the unified court system (2016), the District Court (2016), the North Carolina Court of Appeals (2017), - [Alex Pearce Leading NCBA’s Efforts To Tackle Privacy and Data Security Issues](https://www.ncbarblog.com/members-in-focus-alex-pearce/) - The Privacy and Data Security Committee, which formed last year, is well on its way to becoming an NCBA Section. On Jan. 17, the NCBA Board of Governors gave a green light to the committee’s plan to form a new NCBA Section. Formal recognition as an NCBA Section is anticipated in July. In support of - [Paralegal Potpourri: Upcoming Paralegal Meetings and Announcements](https://www.ncbarblog.com/paralegal-potpourri-upcoming-paralegal-meetings-and-announcements/) - Take advantage of our many Paralegal Division activities this spring Paralegal Division and Small Firm and Technology Social | April 10, 2019 The Small Firm and Technology Section is hosting a joint social with the Paralegal Division. Please join us on Wednesday, April 10 at Bond Brothers Brewing in Cary. The social starts at 5 - [Submit Nominations For the Labor & Employment Law Harkavy Award](https://www.ncbarblog.com/submit-nominations-for-the-labor-employment-law-harkavy-award/) - The Jonathan R. Harkavy Award Committee is accepting nominations from now until Friday, May 31. The Harkavy Award exists to recognize an individual for “Outstanding Service, Leadership, and/or Significant Contributions to the Development of Labor and Employment Law in North Carolina.” After completing the nomination form, please submit it, along with any other materials you - [Appellate Update](https://www.ncbarblog.com/appellate-update-2/) - Here are the 4th Circuit and North Carolina Court of Appeals’ latest employment law decisions. Gomez v. Haystax Technology, Inc., No. 17-2360 (4th Cir. March 5, 2019) (unpublished) (ADA, FMLA, Title VII, ADEA): Defendants, who are private government contractors, hired Gomez in May 2013 to work on various government contracts. During the course of her - [Practicing Education Law in Changing Times](https://www.ncbarblog.com/practicing-education-law-in-changing-times/) - The NCBA Education Section proudly presents its annual CLE day on Friday, April 12 in Cary. This year’s program is entitled "Change: How Cultural and Political Shifting Affects the Practice of Education Law." Click here to view the program brochure. Click here to register. North Carolina’s social and political environment looks very different than it - [Wellness Expert Jeena Cho On Lawyers, Self-Care and the Billable Hour](https://www.ncbarblog.com/jeena-cho-qa/) - This year's NCBA Annual Meeting theme is wellness and how legal professionals can achieve it. In preparation for the event, we talked with speakers scheduled to present at Annual Meeting for a series of quick-read Q&As. Watch NCBarBlog for upcoming Q&As with Annual Meeting speakers Stan Phelps, Laura Mahr and Greg Romeo. Admission to all - [Pro Bono Outstanding Achievement Award](https://www.ncbarblog.com/pro-bono-outstanding-achievement-award/) - Congratulations to William G. Pagán of Coats & Bennett PLLC, the recipient of the 2018 Pro Bono Outstanding Achievement Award, which was announced at last week's NCBA IP Law Section's Annual Meeting held in Charlotte. Every lawyer has a professional responsibility to provide legal services to those unable to pay. Pursuant to Rule 6.1 of - [Tips For Returning To Work After an Absence](https://www.ncbarblog.com/tips-for-returning-to-work-after-an-absence/) - Whether returning to work after having kids, returning to work after the death of a loved one, or rejoining after a long hiatus; only you will know when you’re ready, willing, and able to join the workforce again. At times, the return to work can seem overwhelming. But with the proper strategies, it can become - [Appellate Practice-Litigation Joint Social April 25 In Charlotte](https://www.ncbarblog.com/appellate-practice-and-litigation-sections-joint-social-april-25-in-charlotte/) - We are less than two weeks away from the Appellate Practice and Litigation Sections joint social at Dandelion Market in Charlotte. Appellate Practice and Litigation Joint Networking Event 5:30 – 7:30 p.m., Thursday, April 25, 2019 Dandelion Market, 118 West 5th St., Charlotte, NC 28202 Click here to RSVP. This event is open to the bench - [Mixtape Magic](https://www.ncbarblog.com/mixtape-magic/) - I would like to think my time as IPL Chair could be described as a compilation of assorted melodies creating the perfect intellectual property mixtape. As we look back, let's lend an "ear" to the top tracks from the past year. Track 1: Is My Subject Matter Eligible? Our Patent Committee hosted a Lunch & - [A Day In the Life Of a Beer Lawyer](https://www.ncbarblog.com/a-day-in-the-life-of-a-beer-lawyer/) - Me: I’ve got the coolest job ever. I’m a beer lawyer. Literally Anyone Else in the World: Wow! That is really cool. Uh, so, er, what do you do? DWIs? Sorry, nope. Keep your “alleged” criminal charges to yourself. I don’t do “DWIs.” In fact, I try really hard not to do any litigation at - [So, You Think You Want To Freelance?](https://www.ncbarblog.com/so-you-think-you-want-to-freelance/) - The reactions I receive when I tell people that I am a freelance paralegal range from “that’s so cool” to “huh?” Many times, people don’t realize that paralegals can freelance. I recently heard a student in a paralegal program say, “I want to be a freelance paralegal. How do I do that?” The idea of - [Spring Has Arrived, But the National Credit Security Freeze Is Here To Stay](https://www.ncbarblog.com/spring-has-arrived-but-the-national-credit-security-freeze-is-here-to-stay/) - and Suzanne Begnoche During 2018, the North Carolina Department of Justice received notices from businesses of a total of 1,057 data breaches, affecting 1.9 million North Carolinians.[1] Businesses subject to N.C. Gen. Stat. § 75-65 must provide breach notices to all affected persons.[2] Although not legally obligated to do so under North Carolina law, many - [May Is Member Appreciation Month … Again!](https://www.ncbarblog.com/may-is-member-appreciation-month-again/) - Big things are happening at the NCBA in May. As a member, there’s a good chance you’re attending a CLE, heading out of town for a section or division annual meeting or socializing at a networking event, but there’s one new tradition that occurs over the next five weeks that brings innovative benefits to you: - [Compensation Data Reporting In EEO-1 Reports: The Saga Continues](https://www.ncbarblog.com/compensation-data-reporting-in-eeo-1-reports-the-saga-continues/) - Employers should start gathering their 2018 compensation information if they haven’t already. My last post covered the court decision issued on March 4 in the case of National Women’s Law Center v. Office of Management and Budget, which directed the Equal Employment Opportunity Commission to require employers to submit compensation data with their annual EEO-1 reports. - [Proposed Pattern Jury Instructions Submitted](https://www.ncbarblog.com/proposed-pattern-jury-instructions-submitted/) - The Insurance Law Section Council previously prepared and approved last spring four proposed Pattern Jury Instructions relating to insurance litigation. Those proposed instructions, which may be seen on the Section website, cover the following topics: First-party bad faith; Expected or intended injury exclusion in CGL policy; Expected or intended injury exclusion in homeowners’ policy; and - [The International Law and Practice Section Is Now the International Practice Section](https://www.ncbarblog.com/the-international-law-and-practice-section-is-now-the-international-practice-section/) - We are pleased to announce that the International Law and Practice Section has a new name. The NCBA Board of Governors has approved our changing our name from the International Law and Practice Section to the International Practice Section. Being lawyers, much thought -- and discussion -- went into this name change. Essentially, our new - [From Russia With New Evidentiary Rules](https://www.ncbarblog.com/from-russia-with-new-evidentiary-rules/) - and Emily Doll Originally published 24 October 2018 by Law360. Updated by the authors March 2019. In May 2010, the International Bar Association (“IBA”) adopted the IBA Rules on the Taking of Evidence in International Arbitration—a revised version of the original 1999 IBA Rules which, in turn, had replaced the IBA Supplementary Rules of 1983. - [Protecting Your Practice: Tech and Security Tips for Small and Solo Firms](https://www.ncbarblog.com/protecting-your-practice-tech-and-security-tips-for-small-and-solo-firms/) - and Chris Michalec The ever-evolving world of technology and cybersecurity present a unique set of challenges to businesses of all shapes and sizes. Security breaches are so commonplace these days that it’s no longer about “if” you will be hacked, but “when.” In an address at a major information security conference in 2012, then-FBI director - [Review of the Joint Annual Meeting for the IP and SEL Sections](https://www.ncbarblog.com/review-of-the-joint-annual-meeting-for-the-ip-and-sel-sections/) - On Friday, April 5, 2019, the Intellectual Property Law and the Sports & Entertainment Law sections of the NCBA combined forces for a special joint Annual Meeting. With parallel and overlapping tracks of law, the meeting covered the latest developments in patent, trademark, copyright, trade secrets, and sports and entertainment law. The attendees were able - [Tech Tip: Text Status Updates to Clients Using Your Email](https://www.ncbarblog.com/tech-tip-text-status-updates-to-clients-using-your-email/) - Lack of communication is one of the most common complaints from clients. It is frequently the paralegal’s job to make sure clients are kept abreast of the latest developments in their cases. As the business world embraces various methods of communication, so must the legal field. This idea was especially highlighted when I read a - [Academic Freedom: Revival in the Fourth Circuit](https://www.ncbarblog.com/academic-freedom-revival-in-the-fourth-circuit/) - In a case that was already topical, the Fourth Circuit recently rendered an opinion that renewed the concept of Academic Freedom as legal doctrine based in the First Amendment. The case of Wood v. Arnold, 915 F.3d 308 (4th Cir. 2019), involved two statements concerning Islamic beliefs presented in a high school world history class. - [Racial Equity Institute Introductory Groundwater Training Set For May 9 At the Bar Center](https://www.ncbarblog.com/racial-equity-institutes-introductory-groundwater-training-set-for-may-9-at-the-bar-center/) - Imagine being asked “Hey girl, what attorney are you here for?” by a court official or having a client you have never met claim (in a phone consultation) that “all the N-word and Mexicans are taking over and I can’t get help.” Then imagine being expected to zealously advocate for clients and be confident in - [When Should You Start Looking For a New Job?](https://www.ncbarblog.com/when-should-you-start-looking-for-a-new-job/) - Imagine having your dream job, where your management and team are amazing, you feel valued as an employee, and the perks and compensation are in line with what you think you are worth. Life is good … then, POP, your bubble bursts. You are suddenly informed that your firm is going to be restructured or - [Campbell Law’s Bankruptcy Clinic Helps Clients In Need While Developing the Practitioners Of Tomorrow](https://www.ncbarblog.com/campbell-laws-bankruptcy-clinic-helps-clients-in-need-while-developing-the-practitioners-of-tomorrow/) - The Stubbs Bankruptcy Clinic, a clinical program provided by Campbell University’s Norman A. Wiggins School of Law, began in the fall of 2014. The clinic was created to assist low-income individuals who would otherwise not have access to legal representation during the bankruptcy process. In the nine semesters that it has been in operation, the - [Spotlight on Salim Uqdah](https://www.ncbarblog.com/spotlight-on-salim-uqdah/) - DR Spotlight is a Q&A series that focuses on Dispute Resolution Section members. Salim Uqdah is a paralegal-mediator and the owner and director of Mediation for Uroboros Mediations, LLC in Charlotte. His work includes handling domestic, civil, criminal, special proceedings, and estates cases. Q: Practice tips to help beginner mediators? A: It takes time to - [Going Paperless: How Long Should I Keep Client Files?](https://www.ncbarblog.com/going-paperless-how-long-should-i-keep-client-files/) - I would be lying if I said that going paperless was easy. Making the journey to a mostly digital office has been troubling in so many ways that one article would not be enough to cover the multitude of ways that my staff and I have been inconvenienced. However, of the many issues and concerns - [Supreme Court to Decide Whether Title VII Prohibits Discrimination Against LGBT Employees](https://www.ncbarblog.com/supreme-court-to-decide-whether-title-vii-prohibits-discrimination-against-lgbt-employees/) - On April 22, 2019, the Supreme Court of the United States granted certiorari in three cases involving the issue of whether Title VII of the Civil Rights Act of 1964 (“Title VII”) prohibits discrimination on the basis of an individual’s sexual orientation or gender identity. The Supreme Court’s decisions in these cases will resolve a - [Collaborative Training In Asheville June 19-20](https://www.ncbarblog.com/collaborative-training-in-asheville-june-19-20/) - The NCBA has offered six basic training courses in Collaborative Law Practice in the past, and is offering the next one June 19-20 in Asheville. Click here to view the brochure with all the details and to register. Collaborative Practice Training Wednesday-Thursday, June 19-20, 2019 Renaissance Asheville Hotel This 14-hour training is for any lawyer - [Education Section Honors Murphy](https://www.ncbarblog.com/education-section-honors-murphy/) - N.C. School Boards Association Assistant Legal Counsel Janine Murphy won the Ann L. Majestic Distinguished Service Award on April 12 from the North Carolina Bar Association’s Education Law Section. Allison Schafer, NCSBA legal counsel and director of policy, presented Murphy with the award at the section’s annual meeting held at the NC Bar Center in - [Let's Make a Deal: Negotiation Science Workshop](https://www.ncbarblog.com/jeff-langenderfer/) - Some people are born negotiators. And then there's the rest of us. Those of us who have trouble bargaining on our own behalf -- or on behalf of clients -- usually fear negotiating because we lack experience in it -- and we're afraid of losing, says Jeff Langenderfer, who teaches marketing and law at Meredith - [Articles of Interest: Cyberattack Suit, Horse Race Announcer's Claim, Sponsorship Of Women's Sports](https://www.ncbarblog.com/articles-of-interest-cyberattack-suit-dismissed-horse-race-announcers-claim-sponsorship-of-womens-sports/) - Members of the Sports & Entertainment Law Section found the following recent third party articles to be of potential interest to the Section: March Madness! Court Dismisses Lawsuit Over Massive Cyberattack After Basketball Game Loss – Higgins v. Kentucky Sports Radio Horse Race Announcer Sues Over Bill Murray Film That Included His Trademarked Tagline Sponsorship - [A Profile In Mindfulness: Lakisha Chichester](https://www.ncbarblog.com/lakisha-chichester/) - As we prepare to celebrate and explore wellness at NCBA Annual Meeting in June, we'd like to introduce some NCBA members who are excelling at living healthy lives in the categories of our meeting theme: Work, Mind, Body and Life. Lakisha Chichester impressed us with her mindfulness. She made an impression on her fellow paralegals, - [How Not to Terminate an Employee](https://www.ncbarblog.com/how-not-to-terminate-an-employee/) - I don’t know if Waste Connections, Inc. (WCI) discriminated against Jimmy Haynes when it terminated him in October 2015, but I do know that it did just about everything wrong from an HR standpoint. Because Haynes had to use the McDonnell-Douglas framework to prove his case, those mistakes allowed the 4th Circuit to reverse an - [It’s Not Easy Being 'Green' . . . Or Is It? (Part 2)](https://www.ncbarblog.com/its-not-easy-being-green-or-is-it-part-2/) - This article is the second in a pair of articles related to “green policies” and how to implement them. The first part of this series was previously published here. As concern over climate change makes almost-daily headlines, “green” policies are becoming increasingly popular. Part 1 of this article noted that -- from Fortune 500 company - [NLRB General Counsel Says Uber Drivers Aren’t 'Employees' For Labor Law Purposes](https://www.ncbarblog.com/nlrb-general-counsel-says-uber-drivers-arent-employees-for-labor-law-purposes/) - Last week, the General Counsel of the National Labor Relations Board publicly released an Advice Memorandum saying that Uber drivers are not “employees” with protections under the National Labor Relations Act. The memorandum, issued on April 16, indicates possibly tougher times for all workers in the gig economy. The General Counsel concluded that Uber drivers - [Keynote Speaker Stan Phelps On Empathy, Wellness and Millennials](https://www.ncbarblog.com/stan-phelps-am-speaker-qa/) - This year’s NCBA Annual Meeting theme is wellness and how legal professionals can achieve it. In preparation for the event, we talked with speakers scheduled to present at Annual Meeting for a series of quick-read Q&As. Click here for Q&As with Annual Meeting speakers Laura Mahr, Jeena Cho and April Harris-Britt. Admission to all speaker - [May 15, 2019](https://www.ncbarblog.com/may-checking-in/) - Chuck Kitchen, former chair of the NCBA Constitutional Rights and Responsibilities Section and NCBA member Karlene Turrentine have formed a new law firm, Kitchen & Turrentine, PLLC. Located in Raleigh, the firm will serve clients throughout the state. The new firm will concentrate on local government, business, and employment matters, and general civil litigation. More - [Laura Mahr On Creating Mini-Moments Of Wellbeing](https://www.ncbarblog.com/laura-mahr-qa/) - This year’s NCBA Annual Meeting theme is wellness and how legal professionals can achieve it. In preparation for the event, we talked with speakers scheduled to present at Annual Meeting for a series of quick-read Q&As. Read our Q&A with Jeena Cho and watch NCBarBlog for upcoming Q&As with April Harris-Britt, Stan Phelps and Greg - [Tricky Rules For Amending Tax Returns](https://www.ncbarblog.com/tricky-rules-for-amending-tax-returns/) - Amending returns can cause clients and practitioners needless anxiety if they do not fully understand the applicable rules. This short article describes those rules regardless of whether the amended return provides an addition to tax or requests a refund. The first concern is the statute of limitations. Section 6501(a) generally provides a three-year statute for - [Pro Bono Options To Fit Your Needs](https://www.ncbarblog.com/pro-bono-options-to-fit-your-needs/) - Over the past several months, the Pro Bono Committee of the Government and Public Sector Section has been working with the NCBA Pro Bono Committee to establish pro bono projects for the Government and Public Sector Section, with a variety of options to fit each member’s needs and availability. As a committee, we have established - [April Harris-Britt On Choosing Self-Care](https://www.ncbarblog.com/april-harris-britt/) - This year’s NCBA Annual Meeting theme is wellness and how legal professionals can achieve it. In preparation for the event, we talked with speakers scheduled to present at Annual Meeting for a series of quick-read Q&As, including Jeena Cho, Stan Phelps, and Laura Mahr. Admission to all speaker presentations, including those for CLE credit, is - [Paralegal Spotlight On Rachel Royal](https://www.ncbarblog.com/paralegal-spotlight-on-rachel-royal/) - Q: Name, position title and/or major duties: A. Rachel Royal, paralegal for the attorney who represents the Wilmington City Police and Fire Departments and the attorney who handles all litigation and employment claims for the city. Royal also performs research and prepares presentations for proposals to city council for amendments to city ordinances. Q: Firm - [Join Us At Our Inaugural Lunch & Learn On Friday, June 14](https://www.ncbarblog.com/join-us-at-our-inaugural-lunch-learn-on-friday-june-14/) - Fellow Appellate Practice Section members─ I’m writing in regard to a few upcoming events in the life of our section. First and foremost, I’m writing to invite you, and your colleagues and friends, to our Section’s first-ever Lunch & Learn, beginning at noon Friday, June 14 at the NC Bar Center in Cary. The program - [Nothing To Croak About: Westmoreland v. TWC](https://www.ncbarblog.com/nothing-to-croak-about-westmoreland-v-twc/) - Judge Niemeyer’s fiery dissent in Westmoreland v. TWC Admin. LLC, No. 18-1600 (4th Cir. May 22, 2019) has people talking more than the typical employment discrimination case. In it, Judge Niemeyer proclaims: Congress would croak to learn that the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., would entitle an employee to - [Why Ukraine and Other Post-Soviet Countries Need Mediation](https://www.ncbarblog.com/why-ukraine-and-other-post-soviet-countries-need-mediation/) - Although mediation has strong societal values, mediation could be a very valuable and powerful tool to help the courts of Ukraine. The Ukrainian court system is and has been going through a crisis. Confidence in its fairness, objectivity, and impartiality is very low among Ukrainian citizens. But at the same time, the courts are underfunded - [Articles of Interest: Betting In the Bible Belt, Drones and 'Cubnoxious' Fans](https://www.ncbarblog.com/articles-of-interest-betting-in-the-bible-belt-drones-and-cubnoxious-fans/) - Members of the Sports & Entertainment Law Section found the following recent third-party articles to be of potential interest to the Section: One NFL Franchise and the Realities of Betting in the Bible Belt Drones and Sports? Pro Leagues and NCAA Weigh In NBA Draft Lottery 2019 – a turning point for struggling NBA franchises - [GDPR Reaches the 'Terrible Twos'](https://www.ncbarblog.com/gdpr-reaches-the-terrible-twos/) - and Taylor Ey We cannot believe that the European Union’s General Data Protection Regulation (GDPR) just turned one. And we know we are not alone — many of you have advised your clients on the GDPR, sat through a CLE on the GDPR or, at a minimum, googled “the GDPR” in the days and months leading - [Legal Legends of Color To Honor Five Attorneys at NCBA Annual Meeting](https://www.ncbarblog.com/legal-legends-of-color/) - From left, Charles Daye, attorney Janice Cole, former legislator H. M. “Mickey” Michaux Jr., Judge Sammie Chess and the late Julius Chambers will be honored as Legal Legends of Color during the NCBA Annual Meeting. The Minorities in the Profession Committee of the North Carolina Bar Association will celebrate the fourth installment of the - [Greg Romeo: Clean, Clever, Custom Comedy](https://www.ncbarblog.com/greg-romeo-am-speaker-qa/) - This year’s NCBA Annual Meeting theme is wellness and how legal professionals can achieve it. In preparation for the event, we talked with speakers scheduled to present at Annual Meeting for a series of quick-read Q&As. Click here to find Q&As on Jeena Cho, Laura Mahr, April Harris-Britt and Stan Phelps. Admission to all speaker - [Chichester Named 2019 Distinguished Paralegal](https://www.ncbarblog.com/chichester-named-2019-distinguished-paralegal/) - Congratulations to Lakisha Chichester who was awarded the 2019 Distinguished Paralegal Award on May 2, 2019 at the Paralegal Division Annual Meeting in Winston-Salem. The Distinguished Paralegal Award is given to a Paralegal Division regular member who has actively participated in paralegal activities such as civic/community volunteering, paralegal leadership, paralegal education, and promotion of the - [Demystifying Paralegal Credentials for Lawyers and Paralegals](https://www.ncbarblog.com/demystifying-paralegal-credentials-for-lawyers-and-paralegals/) - Recently, I overheard a discussion regarding whether attorneys understand the content of paralegal programs and the meaning of the post-nominal certification credentials you increasingly see behind paralegals’ names. One person responded that many fledgling paralegals don’t understand the difference between being certified and having a certificate, so how can attorneys be expected to understand these - [Summer Reading: Who Was Tycho Brahe? Why Does It Matter?](https://www.ncbarblog.com/summer-reading-list/) - Edmund Burke once admonished us that “People will not look forward to posterity who never look backward to their ancestors.” I was recently reminded of that aphorism and the simplicity and elegance of curiosity about things past, old things. The latch mechanism on the front door of my home has opened and closed and locked - [Checking In: June 10, 2019](https://www.ncbarblog.com/june-checking-in/) - David Bradin joins Nexsen Pruet as special counsel for intellectual property law, specializing in pharmaceuticals, petroleum chemistry, polymer chemistry, and biotechnology. Previously Bradin worked as a process development chemist and as an adjunct professor of chemistry. Two years after winning the Nexsen Pruet Diversity Scholarship in law school, Yolanda Davis joins Nexsen - [Runner Tim Meigs Proves It's Never Too Late To Start](https://www.ncbarblog.com/members-in-focus-tim-meigs/) - As we prepare to celebrate and explore wellness at NCBA Annual Meeting June 20-23, we'd like to introduce some NCBA members who are excelling at living healthy lives in the categories of our meeting theme: Work, Mind, Body and Life. Tim Meigs has a straightfoward approach to physical wellness that has taken him impressive places. - [Working In the Alcohol Industry](https://www.ncbarblog.com/working-in-the-alcohol-industry/) - Before I started working at Beer Law Center I had no idea about the mountain of paperwork that selling alcohol entailed. I was not even aware about the particular process that businesses had to go through in order to sell alcohol. I tell people that I work with alcohol rules and regulations, because sprouting out - [Records Section Needs Your Input On Developing New Models](https://www.ncbarblog.com/records-section-needs-your-input-on-developing-new-models/) - With appreciation to Government and Public Sector Section Council member Ann Wall, general counsel to the Secretary of State and professional knower-of-things, the Section Council has been alerted to an important message and opportunity from Whitney Ray. Whitney, of course, is a records management analyst with the North Carolina Department of Natural and Cultural Resources. - [Appellate Update](https://www.ncbarblog.com/appellate-update-3/) - It’s our semi-regular roundup of appellate decisions, with two non-appellate highlights at the end. McCaffery v. Chapman, No. 17-2198 (4th Cir. April 9, 2019) (1st Amendment): Why does anyone want to be a sheriff’s deputy? It seems to have all the negatives of being a government employee with even fewer benefits. McCaffrey supported Sheriff Chapman’s - [Exceptions to the Economic Loss Rule in North and South Carolina](https://www.ncbarblog.com/10993-2/) - In North Carolina, the economic loss rule will not bar recovery on a negligence claim when there is no contract between the parties. In Lord v. Customized Consulting Specialty, Inc., a general contractor contracted with the plaintiff owners to construct a home. The owners subsequently sued the general contractor for alleged defects in the home’s construction. - [New to In-House or Have a New In-House Gig? Here are Five Things to do to Better Understand your Client](https://www.ncbarblog.com/new-to-in-house-or-have-a-new-in-house-gig-here-are-five-things-to-do-to-better-understand-your-client/) - So, you’ve recently made the leap to in-house life, or perhaps you’ve been in previous in-house roles but have accepted a position at a new company. How do you get off on the right foot in your new job? Having been in that position a few times myself, here are five things to do that - [Pro Bono Spotlight: Kate McCullough](https://www.ncbarblog.com/pro-bono-spotlight-kate-mccullough/) - Pro Bono Project: NC LEAP For attorneys working in business law who want to give back, it’s hard to think of a better opportunity than the NC Lawyers for Entrepreneurs Assistance Program (“NC LEAP”). And when it comes to attorneys who have taken that opportunity, Kate McCullough immediately comes to mind. Kate has been an - [Q&A With Fastcase CEO Ed Walters](https://www.ncbarblog.com/qa-with-fastcase-ceo-ed-walters/) - NCBA members have access to Fastcase, a robust 50-state legal research database, as a membership benefit. Soon Fastcase will be rolling out a new default version to all members. Fastcase 7 brings all sorts of new features and upgrades. We sat down with Ed Walters, CEO and co-founder of Fastcase, to talk about what’s new - [Get Involved: National Pro Bono Week](https://www.ncbarblog.com/get-involved-national-pro-bono-week/) - According to Black’s Law Dictionary, Pro Bono is a Latin term meaning for the public good. That’s exactly why attorneys participate in legal service opportunities and why YOU should be participating in them too. The National Celebration of Pro Bono Week is October 20-25 and that means it is a month of celebrating pro bono! - [Sports & Entertainment Law Section: September Articles of Interest](https://www.ncbarblog.com/sports-entertainment-law-section-september-articles-of-interest/) - UPDATE: California Senate Bill 206 Moves Closer To Becoming Law Emojis Have Unsettled Grammar Rules (and Why Lawyers Should Care) Even Kirk Herbstreit Thinks THE Ohio State Is Being THE Silliest With Its 'THE' Trademark Application Football, gambling and advertising: The opposite of a young man’s game USPTO Gets One Right: Refuses To Allow Farmers - [October YLD E-Blast](https://www.ncbarblog.com/october-yld-e-blast/) - Submitted by Rachel Matesic DATES TO KNOW October 18, 2019 | Legal LINK Leadership Session | Durham | 12:00 pm October 22-23, 2019 | Professionalism for New Attorneys CLE | Cary October 28, 2019 | Lunch with Law Students | Elon University School of Law | 11:45-1:00 pm October 31, 2019 | Lunch with Law - [Upcoming Events](https://www.ncbarblog.com/upcoming-events/) - Dear Members of the Litigation Section: Our year is off to a great start, with enjoyable networking events in August (Chapel Hill) and September (Raleigh) that gave Section members an opportunity to catch up and socialize with other litigators, judges, and court staff. We plan to sponsor similar events in communities around the state and - [From Your Administrative Law Section Chair](https://www.ncbarblog.com/from-your-administrative-law-section-chair/) - Dear Members of the Administrative Law Section, I am honored and excited to be serving as the Chair of the Administrative Law Section for the 2019-2020 bar year. The section’s leadership (listed here) is prepared for a productive year full of quality CLE, social activities, and learning opportunities to make your administrative law practice better. - [Did You Know? Microsoft Stops Supporting Windows 7 in 2020 ](https://www.ncbarblog.com/did-you-know-microsoft-stops-supporting-windows-7-in-2020/) - On January 14, 2020, Microsoft will no longer support Windows 7. Microsoft only supports each version of Windows for so long. Windows 7 is currently in “extended support” until January 14, 2020. What does this mean for you? When Microsoft stops supporting a version of Windows, Microsoft stops issuing security updates for that operating system. - [Charlotte Volunteers Needed: October 18](https://www.ncbarblog.com/charlotte-volunteers-needed-october-18/) - NC LEAP Ask-A-Lawyer Day Pro Bono Clinic Seeks Volunteers The North Carolina Bar Foundation is looking for attorney volunteers to meet one-on-one with passionate, local, low-wealth entrepreneurs who have legal questions related to their start-up or existing businesses. This Ask-A-Lawyer Day Clinic will be held on Friday, October 18, from 1 p.m.-4:30 p.m. at the - [The Hardest Part of Transition Isn’t Financial](https://www.ncbarblog.com/the-hardest-part-of-transition-isnt-financial/) - This is the first post in a two-part series addressing how attorneys and firms can plan for and navigate an attorney’s retirement. The second post will be published in August. Lawyers are planners. They help clients prepare for mergers and acquisitions, litigation, estate transfers, regulatory changes and countless other significant transitions. They identify risks, create - [MacCord’s List: IP News & Notices From Art MacCord](https://www.ncbarblog.com/14596-2/) - Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here: NCBA IPL section Blog News Blasts for March 17, 2020 Special - [Additional Updates in Light of COVID-19](https://www.ncbarblog.com/additional-update-in-light-of-covid-19/) - Below are the most recent updates issued by the North Carolina Industrial Commission on its website in response to the ongoing concerns over COVID-19: IC Staff Working Remotely; Email Communication Encouraged In light of Governor Cooper’s March 10, 2020 State of Emergency declaration regarding COVID-19 and consistent with guidance issued by the NC Department of - [Chief Administrative Law Judge Issues Response to COVID-19 emergency](https://www.ncbarblog.com/chief-administrative-law-judge-issues-response-to-covid-19-emergency/) - Julian Mann, III, Director and Chief Administrative Law Judge of the NC Office of Administrative Hearings (OAH), has issued a response to the COVID-19 emergency. The responses addresses how OAH and all its constituent parts are responding to the COVID-19 emergency, as well as information for attorneys, litigants, agencies, boards and commissions. The response includes: - [Sale of Social Club Assets Upon Liquidation](https://www.ncbarblog.com/tax-sale-of-social-club-assets-upon-liquidation/) - Since 1916, Congress has exempted from income tax clubs formed to facilitate social interaction among their members. As a result, country clubs, hunting and fishing clubs, college sororities and fraternities, and tennis, swimming, and other sport clubs, among others, are generally exempt from taxation on income derived from their members. IRC § 501(c)(7). The exemption - [The Holidays Are Essential](https://www.ncbarblog.com/pd-the-holidays-are-essential/) - 2020 has been a year like no other in my lifetime, and I pray I never see another one like it. The fear of my friends and family getting sick, the worry over those who have lost their livelihoods, the anguish that comes from thinking of those at home in abusive relationships or struggling with - [Guardianships During the COVID-19 Crisis: Changes to Legislation & Friendly Reminders](https://www.ncbarblog.com/guardianships-during-the-covid-19-crisis-changes-to-legislation-friendly-reminders/) - [Editor's Note: This is the second of two posts related to North Carolina's COVID-19 emergency legislation. For information regarding emergency witnessing and notarization requirements, please see the previous post.] The current COVID-19 public health crisis has presented numerous novel issues to elder and special needs law attorneys—particularly in the area of guardianships. While many legal - [The Britney Spears Conservatorship: Oops . . . We Did It Again (Or Did We?)](https://www.ncbarblog.com/elder-law-the-britney-spears-conservatorship-oops-we-did-it-again-or-did-we/) - Britney Spears has been in the news a lot. Not just recently via documentaries on Hulu and Netflix, but nearly nonstop since her debut single “…Baby One More Time” premiered in 1998. Historically, the media circus surrounding Spears focused on her career, who she was dating, and how she spent her free time. However, recent - [Cleo Le Anne Ackerman – The Winner of the Spring 2022 Paralegal Division Student Scholarship](https://www.ncbarblog.com/pd-cleo-le-anne-ackerman-the-winner-of-the-spring-2022-paralegal-division-student-scholarship/) - The Scholarship Committee had an amazing selection of student essays submitted for the Spring 2022 Paralegal Division Student Scholarship. The topic, “What do you envision your day-to-day life of a paralegal to be?” allowed for students to outline their expectations of the paralegal career, and for some, detail what it can offer them for a - [Pro Bono and Service in the Age of COVID-19: Opportunities for Involvement](https://www.ncbarblog.com/pro-bono-and-service-in-the-age-of-covid-19-opportunities-for-involvement/) - I vividly recall the validation and fellowship I experienced after serving in my first Wills For Heroes Clinic during my second year of law school. Classmates forged bonds with each other, and attorneys seemed reenergized by the mission of these clinics—to help first responders ensure that their final wishes are honored. Fast forward to present - [A Welcome Message From Erica Rogers, Chair of the NCBA Intellectual Property Law Section](https://www.ncbarblog.com/ip-welcome-message-from-erica-rogers-chair-of-the-ncba-intellectual-property-section/) - Dear Colleagues, It’s an honor to welcome you to another term with the NCBA Intellectual Property Section. As Chair, I am excited to build on the great momentum of our IP Section and to help shape a thriving, inclusive, and connected community of IP professionals across North Carolina. Intellectual property law lives at the crossroads - [A Welcome Message From the Chair](https://www.ncbarblog.com/eenr-a-welcome-message-from-the-chair-2025/) - I am excited to welcome you all to a new year of the Environment, Energy & Natural Resources Law Section! My name is Kym Meyer, and I am honored to serve as your chair this year, along with a wonderful leadership team. For those who don’t know me, I am the Litigation Director of the - [Updated Construction Law Section Bylaws](https://www.ncbarblog.com/co-updated-construction-law-section-bylaws/) - The Construction Law Section is pleased to share that our bylaws have been updated. The current version is attached here for member reference. This document sets out the framework for how our Section operates, including governance, meetings, officers, council, committees, and amendment procedures. Members are encouraged to review the attached bylaws for the official language, - [Legislative Update – North Carolina Business Corporation Act](https://www.ncbarblog.com/bl-legislative-update-north-carolina-business-corporation-act/) - Recent Amendments to the North Carolina Business Corporation Act The North Carolina General Assembly recently passed House Bill 388 (the “Act”), which was subsequently signed into law by Governor Josh Stein on June 30, 2025. The Act provided substantive amendments to the North Carolina Business Corporation Act (the “NCBCA”) that generally become effective on October - [Searching for Volunteers for the Grab-a-Coffee Program – Fall 2025](https://www.ncbarblog.com/yld-searching-for-volunteers-for-the-grab-a-coffee-program-fall-2025/) - Do you have time to grab a cup of coffee? Instead of taking this one to-go, how about spending thirty meaningful minutes with a future lawyer? A half hour of your time is all we need to make this program a success! We are seeking attorney volunteers to connect with a law student and pass - [Invitation to Attend “What About the Children?” – 2025 Family Law Fall Program](https://www.ncbarblog.com/fl-invitation-to-attend-what-about-the-children-2025-family-law-fall-program/) - It’s that time of year again, time for foliage, football, tailgating, and of course, the Family Law Fall Program. This year’s program will take place in Winston-Salem, home of the Wake Forest Demon Deacons, Reynolds America, Krispy Kreme, and Texas Pete. Winston-Salem is also a great place to find fantastic restaurants, unique bars, historic sites - [The Myth of No Bad Days](https://www.ncbarblog.com/the-myth-of-no-bad-days/) - By all outward measures, things have gone “right” in my life. I’m happily married to my best friend, and we share two wonderful children. I hold a tenure-track law professor position at Campbell Law School — it’s my dream job, and the community here has warmly supported my growth as both a scholar and a - [NC Supreme Court Provides Guidance on the Good Moral Character Requirement](https://www.ncbarblog.com/al-nc-supreme-court-provides-guidance-on-the-good-moral-character-requirement/) - On August 22, 2025, the North Carolina Supreme Court filed an opinion in Devalle v. N.C. Sheriffs' Educ. & Training Standards Comm'n. The Court’s opinion provides regulatory agencies and occupational licensing boards guidance in determining an applicant’s “good moral character” as required by statute. The Court first recognized the requirements of “good moral character” are - [Welcome to the 2025 Bar Year!](https://www.ncbarblog.com/yld-welcome-to-the-2025-bar-year/) - Welcome to the 2025-2026 bar year! My name is Sheila Spence, and I am delighted to introduce myself as our YLD chair for this exciting year. It is truly an honor to serve in this role, and I am enthusiastic about the opportunities that lie ahead for us to work together. Under our theme for - [Elevating Excellence Through Education, Empowerment, and Service](https://www.ncbarblog.com/pd-elevating-excellence-through-education-empowerment-and-service/) - Greetings, my fellow Paralegal Division members, and welcome to the 2025-2026 bar year! I have the privilege of serving as your Paralegal Division Chair and am excited for the year to come. I would like to take some time to discuss our theme for the year and highlight some of the benefits that come with - [Congratulations to Deputy Commissioner Ashley Moore](https://www.ncbarblog.com/ec-congratulations-to-deputy-commissioner-ashley-moore/) - The Industrial Commission has named Ashley Moore as the Chief Deputy Commissioner, replacing Deputy Commissioner Kevin Howell, who had served in this role for the past year and a half, while also serving as a Deputy Commissioner and working as the Dispute Resolution Coordinator. Deputy Commissioner Moore has worked at the Commission since 2015 and - [Harnessing the Potential of Early Career Attorneys in a Municipal Law Office](https://www.ncbarblog.com/gps-practical-applications-of-public-service-motivation-research-to-harness-the-potential-of-early-career-attorneys-in-a-municipal-law-office/) - Look around any municipal law conference, and it is clear that the municipal field tends to hire mid-to-late career attorneys. But how does an office build long-term institutional knowledge and bring in new ideas if it only hires from certain age and experience groups? Prior to my hiring at the Durham City Attorney’s Office (CAO), - [2025 EENR Section Sustainability Contest Winner Selected](https://www.ncbarblog.com/eenr-2025-eenr-section-sustainability-contest-winner-selected/) - Each year, the NCBA Environment, Energy and Natural Resources Section Council hosts an essay contest for high school students across the state centered on the theme of sustainability. The winner of the contest receives a $500 cash prize and the chance to be published on NCBarBlog. This year’s contest focused on the challenges of recycling - [What To Do If You Didn’t Pass the Bar Exam](https://www.ncbarblog.com/yld-what-to-do-if-you-didnt-pass-the-bar-exam/) - Hey, come here – let me give you a hug. Yell if you need to, cry if you need to, or let’s just sit and process. Feel the full weight of what just happened. You didn’t receive the score you hoped for to become licensed. Yes, it sucks. But your hard work was not wasted, - [Federal Income Tax Update](https://www.ncbarblog.com/tax-federal-income-tax-update-september-2025/) - I. Wife Not Entitled to Any of Foreclosure Sales Proceeds of Husband’s Marital Home to Pay Husband’s Taxes Since Title was Solely in the Husband’s Name; United States vs. Byers, US Court of Appeals, 133 F 4th 824 (8th Cir. 2025). Mr. and Mrs. Byers lived in Minnesota in a home titled solely in Mr. - [Don’t Miss This Fall’s Intensive CLE in Asheville](https://www.ncbarblog.com/fl-dont-miss-this-falls-intensive-cle-in-asheville/) - Asheville in Peak Season Who doesn’t want to escape to the mountains in October? With breathtaking views, vibrant fall colors, and a meeting and social venue at one of Asheville’s premier hotels, you’ll experience a CLE designed to inspire. 🔥 Inside the Intensive CLE This year’s Intensive CLE, co-planned by Lori Vitale, Kimberly Bryan, and - [“Yellowstone” Meets North Carolina: Condemnation Law on the Ranch and the Road](https://www.ncbarblog.com/gps-yellowstone-meets-north-carolina-condemnation-law-on-the-ranch-and-the-road/) - Television dramas rarely get the law exactly right, but sometimes they spark conversations that resonate with those of us in practice. The series Yellowstone explores struggles over landownership, government power, and private rights in a way that reaches beyond Montana. While the show takes liberties, its themes echo real issues in North Carolina condemnation law. - [What is a QSub?](https://www.ncbarblog.com/tax-what-is-a-qsub/) - As discussed in my February 2025 blog post Eligible S Corporation Shareholders, corporations generally cannot own the stock of S corporations, even if the owner is itself an S corporation. However, where an S corporation is the 100% owner of another corporation, it can make an election for the subsidiary to be a qualified subchapter - [A Welcome Message From the Chair](https://www.ncbarblog.com/bk-a-welcome-message-from-the-chair/) - Dear Members of the Bankruptcy Section, I am excited to welcome you to a new bar year. Each new year gives us the chance to set priorities, strengthen our community, and build on the successes of the past. One of the issues that came through clearly in our recent member survey was the need to - [How to Apply for Admission to Federal Courts](https://www.ncbarblog.com/gps-how-to-apply-for-admission-to-federal-courts-updates/) - Efficiency is a lawyer’s best friend. Below, you will find a cheat sheet with information and resources you need to apply for admission to the United States District Courts of North Carolina, the United States Court of Appeals for the Fourth Circuit, and the Supreme Court of the United States, with links to the various - [Before You Hit "Record," Transparency Comes First](https://www.ncbarblog.com/before-you-hit-record-transparency-comes-first/) - In recent months, several SaaS salespeople began our Zoom and Teams meetings online with what appeared to be additional invitees on the call. The additional invitees turned out to be recording features, but none of these salespeople provided advance warning nor did they request consent to record our calls. When I requested removal of any - [Paralegal Spotlight: Sarah Maha](https://www.ncbarblog.com/pd-paralegal-spotlight-sarah-maha-cp-nccp/) - The Calm at the Center of a Global Legal Team A Career with Depth and Heart Sarah Maha began her career path at Meredith College in the Legal Assistant Program in Raleigh. After completing the program, she gained invaluable experience at a small law firm in Sarasota, Florida, where she wore many hats. She handled - [Welcome to the Dispute Resolution Section](https://www.ncbarblog.com/dr-welcome-to-the-dispute-resolution-section/) - Dear members of the NCBA Dispute Resolution Section and other members of NCBA: The new bar year has begun! Welcome to the 2025-2026 bar year of the NCBA. I come to you as a humble servant, being asked to sit as the chair of this year’s Dispute Resolution Section. I look forward to continuing to - [Beyond the 9-to-5: Why Freelancing Could Be the Future of Work](https://www.ncbarblog.com/pd-beyond-the-9-to-5-why-freelancing-could-be-the-future-of-work/) - Work-life balance was the number one reason I began to think about the concept of being a freelance paralegal. At the time, I wasn’t even sure if it was a thing. After doing some research, I found a few people who had already started their businesses, and I was glad to know that, even though - [Welcome from the 2025–2026 Co-Chairs: Erin Locklear & Cherell Harris](https://www.ncbarblog.com/mip-welcome-from-the-2025-2026-co-chairs-erin-locklear-cherell-harris/) - The Minorities in the Profession Committee (MIP) of the North Carolina Bar Association is pleased to welcome all members — returning and new — to an exciting and meaningful bar year. As we step into the 2025–2026 year, we are thrilled to introduce ourselves as co-chairs: Erin Locklear and Cherell Harris, two dynamic leaders who - [Bringing Water to the Desert, Part Five](https://www.ncbarblog.com/pc-bringing-water-to-the-desert-part-five/) - Part One, “Bringing Water to the Desert (on a Horse With No Name),” Judge Vince Rozier (Resident Superior Court Judge in the Tenth Judicial District) and Judge Beth Tanner (District Court Judge in the Twenty-Ninth Judicial District) began a conversation on how attorney shortages in legal deserts negatively impact the ability of the State to - [What Asheville Revealed About the Future of Legal Leadership](https://www.ncbarblog.com/yld-what-asheville-revealed-about-the-future-of-legal-leadership/) - The future of legal leadership is not being shaped in isolation; it is being built in real time at the intersection of crisis response, community engagement and cross-sector collaboration. A recent gathering of young lawyers in Asheville offered a clear view of what that future looks like in practice and where the profession is headed. - [What Can You Get on Top of That Judgment? Subtle Revisions to North Carolina’s Costs Statute That You Need to Know](https://www.ncbarblog.com/what-can-you-get-on-top-of-that-judgment-subtle-revisions-to-north-carolinas-costs-statute-that-you-need-to-know/) - For nearly two decades, North Carolina litigators have wrestled with a deceptively simple question at the close of a case: what, exactly, can a prevailing party recover when a judgment awards “costs”? Senate Bill 257’s Special Provision 2026-AOC-C14-P, titled “Clarify Distinction Between Costs and Expenses Awarded,” amends N.C. Gen. Stat. § 6-20 and N.C. Gen. - [Announcing the “What’s Blowing Your Mind?” Series — Watch it on the Blog](https://www.ncbarblog.com/pd-announcing-the-whats-blowing-your-mind-series-watch-it-on-the-blog/) - What’s Blowing Your Mind (WBYM) right now in privacy, data security, or AI? We asked ourselves—and our colleagues in the field—the same question. The result? Kicking off the NCBA PDS Section’s "What’s Blowing Your Mind" series, which is meant to spark conversation around the thorny, timely, and occasionally mind-bending challenges facing practitioners today, from North - [The Chair's Column, July 2025](https://www.ncbarblog.com/pds-the-chairs-column-july-2025/) - Two recent personal events had me thinking lately about the tension between innovation and individual rights, and the risk decisions we make to find a happy medium. The first event was the purchase of a car, necessitated by someone rear-ending my 2004 Honda. Being from Cleveland, it is logical to me to drive a vehicle - [Everything I Needed to Know about Privacy I Learned in Kindergarten?](https://www.ncbarblog.com/pd-everything-i-needed-to-know-about-privacy-i-learned-in-kindergarten/) - When I started practicing in the privacy and data security space years ago, my colleagues and I talked shop about the EU Data Protection Directive, sectoral laws like HIPAA and GLBA, and the early wave of data breach laws. As time passed, our conversations shifted to the Federal Trade Commission, Wyndham Hotels, poor LabMD, and - [**Privacy Never Sleeps — And Neither Do Privacy Lawyers**](https://www.ncbarblog.com/pds-privacy-never-sleeps-and-neither-do-privacy-lawyers/) - Chair (for a few more hours), NCBA Privacy & Data Security Section Anything keeping you up at night? If you practice privacy law, the answer is almost certainly “yes.” At any given moment, somewhere in North Carolina, a privacy lawyer is: • refreshing a state legislature page, • rereading a regulator’s “informal” guidance that is - [Outstanding Paralegal Pro Bono Service Award Winner: Andrea M. Blosser](https://www.ncbarblog.com/pd-outstanding-paralegal-pro-bono-service-award-winner-andrea-m-blosser/) - 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 - [Paralegal Spotlight: Anna Skaggs' Journey to Becoming a Paralegal](https://www.ncbarblog.com/pd-paralegal-spotlight-anna-skaggs-journey-to-becoming-a-paralegal/) - Anna Skaggs is a North Carolina Certified Paralegal who was certified in 2016. She works for Collins Family & Elder Law Group in their Charlotte office. Anna has been a Paralegal for her entire career and started her journey when she was just 19 years old. She will be celebrating 31 years in June of - [2017 Tax Act’s $11.2 Million Estate, Gift, and GST Tax Exemption Will Expire In 2025](https://www.ncbarblog.com/2017-tax-acts-11-2-million-estate-gift-and-gst-tax-exemption-will-expire-in-2025/) - The Tax Cuts and Jobs Act of 2017 doubled the unified exemption for the estate, gift, and GST taxes from about $5.6 million to about $11.2 million (adjusted yearly for inflation). This dramatic change means for years after 2017, a married couple can gift during life or pass by their death up to $22.4 million - [Checking In: July 21, 2026](https://www.ncbarblog.com/checking-in-july-21-2026/) - Compiled by Jessica Junqueira Robinson & Lawing Welcomes New Partner Linda L. Helms has joined the firm, where she is a member of the litigation practice. Helms focuses on professional liability and healthcare-related litigation. She has represented physicians, medical practices and other professionals in complex matters, such as medical malpractice and wrongful death claims. Helms - [Resolutions With Results: Kick Off 2026 with YLD's Legal Feeding Frenzy](https://www.ncbarblog.com/yld-resolutions-with-results-kick-off-2026-with-ylds-legal-feeding-frenzy/) - Each March, the NCBA Young Lawyers Division (YLD) partners with Feeding the Carolinas to host the North Carolina Legal Feeding Frenzy, a statewide initiative dedicated to fighting hunger. This friendly competition invites law firms, law schools, sections and legal organizations to collect food and raise funds for local food banks across the state. The Legal - [Asked and Answered: WIP Committee Members Share Their Goals for 2026](https://www.ncbarblog.com/wpc-asked-and-answered-wip-committee-members/) - For our first post of 2026, we asked our Committee members for input. Below are the questions we asked and the responses we received. Enjoy reading about what they learned in 2025, their goals for 2026 and why they joined the Women in the Profession Committee! What is one thing you learned in 2025 (personally - [Pro Bono Spotlight: Hannah Michalove](https://www.ncbarblog.com/pro-bono-spotlight-hannah-michalove/) - Hannah Michalove is a bilingual immigration attorney at Pisgah Legal Services in Asheville, where she began her position in October 2024 — just ten days after Hurricane Helene. Hannah’s dedication to pro bono advocacy began as a law school student at Campbell University Law School, where she served as Chair of the Naturalization Project, a - [Working Effectively With Pro Se Parties: Practical Guidance for Attorneys](https://www.ncbarblog.com/lt-working-effectively-with-pro-se-parties-practical-guidance-for-attorneys/) - Established case law tells us that pro se litigants are held to the same standards as represented parties. In practice, however, that principle does not always play out neatly in the courtroom — and often, it shouldn’t. While pro se parties must follow the rules, attorneys should approach interactions with them thoughtfully and deliberately. Pro - [What Is the Difference Between Restorative Justice and Mediation?](https://www.ncbarblog.com/dr-what-is-the-difference-between-restorative-justice-and-mediation/) - As a restorative justice facilitator, I am often asked how my work differs from mediation. Most people have some idea what mediation is, but restorative justice (“RJ”) is a less familiar term. RJ is a way of responding to harms that would typically be addressed in the court system, focusing on 1) the needs of - [Bringing Water to the Desert, Part Six](https://www.ncbarblog.com/pc-bringing-water-to-the-desert-part-six/) - Part One, “Bringing Water to the Desert (on a Horse With No Name),” Judge Vince Rozier (Resident Superior Court Judge in the Tenth Judicial District) and Judge Beth Tanner (District Court Judge in the Twenty-Ninth Judicial District) began a conversation on how attorney shortages in legal deserts negatively impact the ability of the State to - [Return to the Vault: On Demand — Why All Attorneys Should Pay Attention to FinCEN’s Reporting Rule](https://www.ncbarblog.com/rp-return-to-the-vault-on-demand-why-all-attorneys-should-pay-attention-to-fincens-reporting-rule/) - Purpose of Return to the Vault Return to the Vault (“RTTV”) exists to provide practical, timely education and connection for Real Property Section members. It’s inspired by the collaborative learning that once happened in the “vault” at Register of Deeds offices across North Carolina, where attorneys could ask questions, exchange ideas and learn from each - [Basics of 338(h)(10) Elections](https://www.ncbarblog.com/tax-basics-of-338h10-elections/) - Section 338(h)(10) allows a buyer and seller in a qualified stock purchase to elect jointly for the sale of target stock to be treated for tax purposes as a sale of the target’s assets. That is beneficial to the buyer because the transaction is a stock sale for state law purposes (which avoids the need - [Checking In: February 23, 2026](https://www.ncbarblog.com/checking-in-february-23-2026/) - Compiled by Jessica Junqueira Martin H. Brinkley Selected to Receive Faculty Service Award from The University of North Carolina Alumni Association Martin H. Brinkley has been selected as a 2026 Carolina Alumni Award recipient by the University of North Carolina’s Alumni Association. Brinkley and other honorees will be recognized in a ceremony on April 17. - [My Internship With the Charlotte City Attorney’s Office](https://www.ncbarblog.com/zplu-my-internship-with-the-charlotte-city-attorneys-office/) - During my time at the Charlotte City Attorney’s Office, I was primarily focused on land use, zoning, and planning. This involved attending city council meetings, zoning meetings, meetings with the planning department, and conducting research into matters such as whether you can pierce the corporate veil over a zoning violation, and if it was possible - [Recognition by the Tax Court That Domestic Abuse Permeates Socioeconomic Strata](https://www.ncbarblog.com/fl-recognition-by-the-tax-court-that-domestic-abuse-permeates-socioeconomic-strata/) - The recent “innocent spouse” tax case of Zaheen v. Commissioner, T.C. Memo. 2026-7, is noteworthy in two respects. One, it reminds us that abuse permeates socioeconomic strata. Two, several objective factors in the analytical framework for innocent spouse cases should have precluded relief to the requesting spouse (here, the wife), but because of corroborated testimony - [Bringing Water to the Desert, Part Three](https://www.ncbarblog.com/pc-bringing-water-to-the-desert-part-three/) - Part One, “Bringing Water to the Desert (on a Horse With No Name),” Judge Vince Rozier (Resident Superior Court Judge in the Tenth Judicial District) and Judge Beth Tanner (District Court Judge in the Twenty-Ninth Judicial District) began a conversation on how attorney shortages in legal deserts negatively impact the ability of the State to - [It Would be Criminal to Miss It: The NCBA Criminal Justice Section's Annual CLE!](https://www.ncbarblog.com/cj-it-would-be-criminal-to-miss-it-the-ncba-criminal-justice-sections-annual-cle/) - Are you a criminal justice practitioner in state courts? How about in federal courts? Perhaps both? Do you have questions about how to manage the vast amounts of e-discovery that seem to come in more and more cases, including cellphone dumps? Are you curious about how recent immigration enforcement trends are interacting with criminal law? - [Becoming an Associate in the Age of AI](https://www.ncbarblog.com/becoming-an-associate-in-the-age-of-ai/) - A fellow attorney friend told me about the moment when one of her clients paused in a meeting to consult ChatGPT regarding their legal approach. She described hearing the client’s nails clacking on a keyboard. Her supervising partner started to say something, stopped and then asked: “Are you using ChatGPT by any chance?” The client - [Pro Bono Spotlight: Amanda Clark](https://www.ncbarblog.com/pro-bono-spotlight-amanda-clark/) - When Hurricane Helene swept through Western North Carolina just days after her bar admission, newly licensed attorney Amanda Clark found herself called to serve her community in a way few imagine so early in their careers. After graduating from the University of South Carolina School of Law in May 2024, Amanda began her legal career - [Bringing Water to the Desert, Part Four](https://www.ncbarblog.com/pc-bringing-water-to-the-desert-part-four/) - Part One, “Bringing Water to the Desert (on a Horse With No Name),” Judge Vince Rozier (Resident Superior Court Judge in the Tenth Judicial District) and Judge Beth Tanner (District Court Judge in the Twenty-Ninth Judicial District) began a conversation on how attorney shortages in legal deserts negatively impact the ability of the State to - [Breaking Barriers: A Conversation with Judge Tia Hudgins Taylor](https://www.ncbarblog.com/yld-breaking-barriers-a-conversation-with-judge-tia-hudgins-taylor/) - The NCBA Young Lawyers Division’s DEI Committee is proud to celebrate Black History Month. Black History Month is a time to honor the legacy, contributions and excellence of Black lawyers and judges who continue to shape our profession. This moment of reflection also calls us to examine the current landscape of representation within the legal - [North Carolina Court of Appeals Enforces Out-of-State Arbitration Clause in Case of First Impression](https://www.ncbarblog.com/co-north-carolina-court-of-appeals-enforces-out-of-state-arbitration-clause-in-case-of-first-impression/) - In a case of first impression, the North Carolina Court of Appeals in Earnhardt Plumbing, LLC v. Thomas Builders, Inc., No. COA25-36 (N.C. Ct. App. Nov. 19, 2025) addressed whether a forum-selection clause using an “either-or” structure and granting one party discretion to choose the forum is mandatory or permissive under North Carolina law. In - [Bargain-Sale Pitfalls and the “Eerie Veneer” of NCMA’s “Madonna and Child in a Landscape”](https://www.ncbarblog.com/tax-bargain-sale-pitfalls-and-the-eerie-veneer-of-ncmas-madonna-and-child-in-a-landscape/) - On February 18th, the Center for Art Law is sponsoring a lecture by Deborah Gerhard, the Paul B. Eaton Distinguished Professor of Law at UNC School of Law. The topic is the "Madonna and Child in a Landscape," the famous (and infamous) piece that has adorned the North Carolina Museum of Art for decades. The - [Should I Become an E-Notary?](https://www.ncbarblog.com/pd-should-i-become-an-e-notary/) - As legal practice continues its steady shift toward digital platforms, notarization is evolving alongside it. In North Carolina, electronic and remote notarization are now established components of legal operations under Chapter 10B of the North Carolina General Statutes.[1] For paralegals, this development raises an important professional question: Is becoming an electronic notary (“e-Notary”) a strategic - [Making Service Your Professional Identity, Not an Add-On](https://www.ncbarblog.com/yld-making-service-your-professional-identity-not-an-add-on/) - For many lawyers, service begins as a requirement and includes pro bono hours, bar expectations and résumé building. Over time, however, service can become something deeper, a professional identity that shapes how we lead, how we practice and how we show up in our communities. On Saturday, February 28, the Young Lawyers Division (YLD) welcomed - [199A Deduction for Real Estate Rental Businesses](https://www.ncbarblog.com/tax-199a-deduction-for-real-estate-rental-businesses/) - Section 199A, as discussed in my prior blog post Section 199A Pass-Through Deduction and the Magic Number, provides for a deduction generally equal to the applicable pass-through entity’s qualified business income. However, the deduction is available only for a qualified trade or business, which Section 199A(d)(1) defines as any trade or business other than certain - [Congratulations to Deputy Commissioner Wanda Blanche Taylor](https://www.ncbarblog.com/ec-congratulations-to-deputy-commissioner-wanda-blanche-taylor/) - Hello Section Members! I hope you are all enjoying this beautiful weather and all the daffodils blooming. While this is old news now, congratulations are in order for Commissioner Wanda Blanche Taylor, who has been reappointed to the Full Commission of the North Carolina Industrial Commission. She will serve a six-year term as a Commissioner - [Commit to Crafting Yourself as a Top-Shelf Brand of Professionalism](https://www.ncbarblog.com/pc-commit-to-crafting-yourself-as-a-top-shelf-brand-of-professionalism/) - "Professionalism." It's not a complicated nor hard-to-understand word or concept. At times, being professional is second nature, particularly when those around us exhibit professionalism. When emails are courteous, deadlines are respected, conversations — while sounding in advocacy — are appropriately measured and poignant disagreements remain civil, being professional can feel like the default setting we - [Bridging Perspectives: Building Skills, Communities and Connection — 2026 Program in Review](https://www.ncbarblog.com/dr-bridging-perspectives-building-skills-communities-and-connection-2026-program-in-review/) - This year’s Dispute Resolution Section program brought together mediators and attorneys from across North Carolina for a full day of practical learning, fellowship, and dialogue. Early arrivals enjoyed a networking reception at Barcelona Wine Bar in downtown Raleigh hosted by the Section Council and Executive Committee. These events are wonderful opportunities to reconnect with old - [Checking In: April 28, 2026](https://www.ncbarblog.com/checking-in-april-28-2026/) - Compiled by Jessica Junqueira Fox Rothschild Selects New Leadership, Adds Partner Diana Palacek is now the Managing Partner of Fox Rothschild’s Charlotte office. She practices commercial real estate transactions and focuses on financing (closing, servicing and enforcement), purchase and sale, ground-up development and leasing. She previously served as in-house counsel for a financial services organization - [Get to Know WIP Members Kristy Sides and Kasey McCalla](https://www.ncbarblog.com/wpc-get-to-know-wip-members-kristy-sides-and-kasey-mccalla/) - This month, we are excited to introduce two WIP members: Kristy Sides and Kasey McCalla! Kristy Meares Sides What law school did you attend, and what was your graduation year? Wake Forest University School of Law, 2004. Describe what a typical workday is like for you. I am an attorney who deals with estate planning, - [The Strategic Paralegal: Elevating Legal Practice with Project Management Tools](https://www.ncbarblog.com/pd-the-strategic-paralegal-elevating-legal-practice-with-project-management-tools/) - How Experienced Paralegals Can Streamline Procedures to Enhance Their Strategic Value In today’s legal environment, complexity is the norm. Whether managing multi-party litigation, coordinating real estate closings, or tracking corporate compliance deadlines, experienced paralegals increasingly serve as the backbone of legal execution. Their expertise drives effective legal operations. Without structured systems in place, even seasoned - [2026 Real Property Section Annual Meeting Preview: FIRPTA With Nena Mills](https://www.ncbarblog.com/rp-2026-real-property-section-annual-meeting-preview-firpta-with-nena-mills/) - Compliance with the Foreign Investment in Real Property Tax Act (FIRPTA) doesn’t have to be a dealbreaker; it just requires early attention and the right approach. In this Annual Meeting preview video, Nena Mills, National Education Director with FIRPTA Solutions, shares what to expect from her upcoming CLE session, “FIRPTA Fun: Nothing Says “Fun” Like Tax Withholding,” and offers insight into - [Report From the ABA Midyear Meeting](https://www.ncbarblog.com/yld-report-from-the-aba-midyear-meeting/) - Happy April All! As the new Young Lawyer Delegate to the American Bar Association (ABA) House of Delegates, I would like to take this opportunity to provide an overview of the resolutions considered during February's Midyear Meeting of the ABA House of Delegates in San Antonio, Texas. The ABA House of Delegates serves as the - [Section 453 Trap for S Corporation Asset Sales](https://www.ncbarblog.com/tax-section-453-trap-for-s-corporation-asset-sales/) - In my prior post, Installment Sale Notes Owned by S Corporations, I discussed sales of S corporation assets in exchange for a promissory note, invoking the installment sale method of Section 453. Buyers commonly use the installment sale method for earnouts, which provide additional contingent consideration based on the performance of the business after the - [Redefining Resilience: A Conversation with YLD Chair Sheila Spence on Reflections for Women’s History Month](https://www.ncbarblog.com/yld-redefining-resilience-a-conversation-with-yld-chair-sheila-spence-on-reflections-for-womens-history-month/) - Opening Question: Resilience & Motivation Alex: As we reflect during Women’s History Month, how would you define resilience in your own words, and looking back on your journey through law school into leadership, what feels most meaningful about that time, especially what sustained or motivated you to keep moving forward during such a challenging season? - [Practice Innovation: The North Carolina Supreme Court’s New Commission](https://www.ncbarblog.com/pd-practice-innovation-the-north-carolina-supreme-courts-new-commission/) - I. Introduction Access to legal services remains one of the most persistent challenges facing the American legal system. Across the country, courts, regulators and policymakers are examining new ways to deliver legal services to individuals who cannot afford traditional representation. One of the increasingly discussed approaches involves allowing trained paraprofessionals and paralegals to provide limited - [Title, Trusts, Transfers and Terrorists: Legislation That Could Affect Your Practice](https://www.ncbarblog.com/rp-title-trusts-transfers-terrorists-legislation-that-could-affect-your-practice/) - Attorneys in substantially all practice areas handle or review deeds, leases and contracts or clients in distress about matters (family law, trespassers, condemnations, estates, etc.) involving real estate from time to time. The 2025-2026 Legislative Session (still in process) has much to consider. See program recording from Return to the Vault (March 4, 2026), “What’s - [Where Service Becomes Leadership: Pro Bono in the Lives of Emerging Lawyers](https://www.ncbarblog.com/yld-where-service-becomes-leadership-pro-bono-in-the-lives-of-emerging-lawyers/) - This spring, the YLD Pro Bono Leadership Cohort came together through a meaningful series of pro bono clinics, civic engagement programs and community-building events across North Carolina. Rather than functioning as isolated service opportunities, these experiences collectively reflected a shared commitment to access to justice and helped participants begin to see pro bono service as - [2026 Real Property Section Annual Meeting Preview: Commercial Leases with Jeff Benson](https://www.ncbarblog.com/rp-2026-real-property-section-annual-meeting-preview-commercial-leases-with-jeff-benson/) - We hope you’ll join us in Asheville for the 2026 NCBA Real Property Section Annual Meeting. We’re looking forward to a helpful and practical program and are excited to share a preview of one of the CLE sessions focused on commercial leases. In the preview video below, Jeff Benson, Executive Vice President at Investors Title, - [Building Pathways: Durham County Youth Home and the Future of the Profession](https://www.ncbarblog.com/yld-building-pathways-durham-county-youth-home-and-the-future-of-the-profession/) - Mentorship, lived experience and service came together last summer to break barriers and expand opportunities for justice-involved youth through the Building Pathways pilot at the Durham County Youth Home. The Durham County Youth Home is a secure juvenile detention facility operated by Durham County, providing temporary custody and care for youth involved in the - [Checking In: March 24, 2026](https://www.ncbarblog.com/checking-in-march-24-2026/) - Compiled by Jessica Junqueira Smith Debnam Selects Partner Melissa Tulis Smith is now a partner with the firm. Smith has been a part of the firm’s Consumer Collections practice group since 2020. Prior to joining the firm, she gained experience in civil litigation with a focus on property, construction and landlord-tenant disputes. Smith, who is - [2026 Real Property Section Annual Meeting Preview: Liens and Judgments with Natasha Branch](https://www.ncbarblog.com/rp-2026-real-property-section-annual-meeting-preview-liens-and-judgments-with-natasha-branch/) - Even the cleanest title can hide problems. At this year’s 2026 NCBA Real Property Section Annual Meeting in Asheville, Natasha Branch, Vice President of Education and Underwriting Counsel at Title Resources Group, will walk through how to spot lien and judgment issues early and handle them efficiently before they disrupt your closing. Join us in - [Understanding the Estate Administration Process in North Carolina](https://www.ncbarblog.com/pd-understanding-the-estate-administration-process-in-north-carolina/) - Losing a loved one is never easy, and dealing with legal paperwork in the midst of grief can feel especially overwhelming. If you’ve been asked to help manage an estate, you might be wondering, “Where do I even begin?” Take a breath. You’re not alone, and with the right guidance, this process can feel far - [Long-Term Recruiting for Legal Deserts (Oasis)](https://www.ncbarblog.com/pc-long-term-recruiting-for-legal-deserts-oasis/) - I am honored to serve as the Executive Director for the Chief Justice’s Commission on Professionalism (CJCP). One of the major responsibilities of the CJCP is examining ways of making the system of justice more accessible to the public. Needless to say, finding ways to bring young lawyers to legal deserts is high on my - [How Young Lawyers Can Build a Construction Practice](https://www.ncbarblog.com/co-how-young-lawyers-can-build-a-construction-practice/) - For young lawyers, construction law may seem like a difficult field to enter. It has its own vocabulary, its own documents, and its own pace. Clients often want practical answers while a project is still moving, not abstract legal analysis after the dispute is fully formed. The work can feel technical, and the cast of - [Paralegal Spotlight: LJ Frederick](https://www.ncbarblog.com/pd-paralegal-spotlight-lj-frederick/) - Lajon E. Frederick (“LJ”) is a North Carolina Certified Paralegal at Fresh Start Family Law. LJ has an undeniable passion for family law and client support. When LJ reflects on her decades-long paralegal career, she does not describe it in terms of titles or positions. Instead, she talks about the families she has helped, the - [More Than the Law: Why Having Hobbies Helps Lawyers](https://www.ncbarblog.com/yld-more-than-the-law-why-having-hobbies-helps-lawyers/) - The practice of law demands precision, resilience and focus, but we’re at our best when we bring our full selves to the profession. How can we make sure we are at our best? That was the theme of a recent discussion hosted by NCBA YLD joined by NCBA BarCARES President Eric Richardson and members of - [Lost in the Legal Wilderness? This CLE Is Your Survival Guide](https://www.ncbarblog.com/gps-lost-in-the-legal-wilderness-this-cle-is-your-survival-guide/) - Budget impasses. Shifting case law. AI tools everyone’s talking about, but no one’s explained. If you’re a government attorney in North Carolina, you know the terrain is getting rougher — and the map keeps changing. On Friday, May 1, the NCBA Government & Public Sector Section is hosting The Government Lawyer’s Survival Program at the - [Women Who Lead: Spotlight on Melissa McKinney](https://www.ncbarblog.com/yld-women-who-lead-spotlight-on-melissa-mckinney/) - As winter gives way to the promise of spring, the NCBA Young Lawyers Division’s DEI Committee takes this opportunity to recognize and celebrate Women’s History Month. Alongside International Women’s Day on March 8, this month serves as a time to honor the achievements and contributions of women throughout our nation’s history, reflect on the progress - [Why Being Together Matters: Reflections on the NCBA Real Property Section Annual Meeting and Scholarship Opportunities to Attend](https://www.ncbarblog.com/rp-why-being-together-matters-reflections-on-the-ncba-real-property-section-annual-meeting-and-scholarship-opportunities-to-attend/) - Each year, the North Carolina Bar Association Real Property Section's Annual Meeting brings attorneys from across our State together for learning and connection. While the CLE content is always helpful, many attorneys say the true value of the Annual Meeting comes from being there in person. 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White](https://www.ncbarblog.com/contributor/stephen-j-white/) - [Wade Harrison](https://www.ncbarblog.com/contributor/wade-harrison/) - [Stephanie Durham-Rivera, Chair](https://www.ncbarblog.com/contributor/stephanie-durham-rivera-chair/) - [Supreme Court's Office of Administrative Counsel](https://www.ncbarblog.com/contributor/supreme-courts-office-of-administrative-counsel/) - [Kellie Myers](https://www.ncbarblog.com/contributor/kellie-myers/) - [Erin Illman](https://www.ncbarblog.com/contributor/erin-illman/) - [Evan Lee](https://www.ncbarblog.com/contributor/evan-lee/) - [Jacquelyn Greene ](https://www.ncbarblog.com/contributor/jacquelyn-greene/) - [David J. 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Forbes](https://www.ncbarblog.com/contributor/marilyn-r-forbes/) - [Macy Abernethy](https://www.ncbarblog.com/contributor/macy-abernethy/) - [MaryJane Richardson](https://www.ncbarblog.com/contributor/maryjane-richardson/) - [Erika Richmond](https://www.ncbarblog.com/contributor/erika-richmond/) - [Jillian C.S. Blanchard](https://www.ncbarblog.com/contributor/jillian-c-s-blanchard/) - [Tara Kozlowski](https://www.ncbarblog.com/contributor/tara-kozlowski/) - [Sheldon L. Schenck](https://www.ncbarblog.com/contributor/sheldon-l-schenck/) - [Peter McClelland](https://www.ncbarblog.com/contributor/peter-mcclelland/) - [Denaa J. Griffin](https://www.ncbarblog.com/contributor/denaa-j-griffin/) - [Kristin Kelly Broyles](https://www.ncbarblog.com/contributor/kristin-kelly-broyles/) - [Manisha P. Patel](https://www.ncbarblog.com/contributor/manisha-p-patel/) - [MaryAnne M. Hamilton](https://www.ncbarblog.com/contributor/maryanne-m-hamilton/) - [John Boutwell](https://www.ncbarblog.com/contributor/john-boutwell/) - [Andrew P. Atkins](https://www.ncbarblog.com/contributor/andrew-p-atkins/) - [Margaret Currin](https://www.ncbarblog.com/contributor/margaret-currin/) - [Linda Nelson](https://www.ncbarblog.com/contributor/linda-nelson/) - [Jim White](https://www.ncbarblog.com/contributor/jim-white/) - [Matthew A. Freeze](https://www.ncbarblog.com/contributor/matthew-a-freeze/) - [Sarah Kromer](https://www.ncbarblog.com/contributor/sarah-kromer/) - [Alison Ashe-Card](https://www.ncbarblog.com/contributor/alison-ashe-card/) - [Kevin J. Stanfield](https://www.ncbarblog.com/contributor/kevin-j-stanfield/) - [John R. Potter](https://www.ncbarblog.com/contributor/john-r-potter/) - [Leah McLean](https://www.ncbarblog.com/contributor/leah-mclean/) - [Brian Pearce](https://www.ncbarblog.com/contributor/brian-pearce/) - [Luke J. 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