Join Us For The 2021 Health Law Section Annual CLE Program

While providers navigate a sea of COVID-19 related waivers and exceptions, significant changes to the federal Stark Law, Anti-Kickback Statute and Civil Monetary Penalties Law will shape provider collaboration and the fraud and abuse landscape for years to come. The NCBA Health Law Section’s annual CLE program will include a presentation by Kelsey Jernigan and Steve Pine, who will discuss how the long-awaited Final Rules contain significant accommodations for value-based care models, while modernizing the regulations in an aim to align with the current health care industry. Ms. Jernigan and Mr. Pine will explore how the health care industry can utilize these accommodations to pursue value-based care in a post-COVID-19 environment.

Please join your health law colleagues around the state for our annual CLE program, Friday, April 23, 2021, which includes this discussion about changes to the federal Stark Law and Anti-Kickback Statute, as well as presentations involving telehealth opportunities, managing health care internal investigations, effective compliance programs, and health care policy developments.

This year’s program – “The New Normal Is That Nothing Is Normal” – will be entirely virtual, so you can join us from your office, home, or anywhere with wi-fi! You can receive 6 total CLE credits, including 1.0 hour of Technology Training. If you register by Friday, April 23, you can take advantage of early bird pricing. Register for the CLE here.

Another Twist to the Legality of Mandatory COVID-19 Vaccination Policies

By Joe Murray

While we’re all aware of the EEOC’s position on employers implementing mandatory COVID-19 vaccination policies — if not, take a minute to read the EEOC’s guidance — be aware that other laws may affect these policies. Specifically, because the current vaccines are authorized under emergency use authority, and not full FDA approval, there may be limits on the use of the vaccines.

Read more

‘The Work of Restoration,’ a CLE for Every Lawyer on Earth Day

By Terri Jones

As we enter our second year of COVID-19, let’s move from pivoting and the new normal to restoring ourselves, the legal profession, government employees, civil society, and ultimately the Earth.

Join us on April 22, 2021 via live webcast as the NCBA Government & Public Sector Section holds its annual CLE program. This program qualifies for 6.50 MCLE credit hours for North Carolina, including 1.50 for ethics/professional responsibility, 1.0 for substance abuse/mental health, and 1.0 for technology training.

During this program, hear from a great lineup of experts in their fields and attorneys at all levels of government as they focus on facing problems and the work of restoration.

Read more

COVID-19 Checklist – Issues to Consider for Commercial Real Estate Purchase Contracts and Closings

By Margaret Shea Burnam

What we learned in 2020 was to expect the unexpected. Prior to February of 2020, who would have predicted the impact of a pandemic in general, let alone COVID-19 in particular, when drafting commercial real estate purchase contracts? Likewise, who would have predicted the impact of COVID-19 on due diligence, loan documents, and closings?

In the immediate aftermath of the initial impact of COVID-19 in the U.S., focus was on whether COVID-19 was within the scope of a force majeure clause or whether COVID-19 could reasonably be construed as an “Act of God.” Attorneys debated whether the governmental “stay-at-home” orders and other similar regulatory orders fell within the legal impossibility and/or frustration of purpose doctrines. Since then, what lessons have we learned?

Read more

NCBA YLD Announces Its 2021 Writing Competition: ‘Getting Creative During Quarantine’

Claire O’Brien

Christina Cress

By Claire O’Brien and Christina Cress

The YLD Communications Committee, in conjunction with YLD leadership, is excited to announce that its 2021 Writing Competition, “Getting Creative During Quarantine,” is open as of today, January 13!

We invite you to submit an original piece of creative writing in one of two broad categories: (1) Inspirational experiences, thoughts, reflections, and lessons learned; or (2) Challenges faced personally and/or your perspective on those faced by society at large. The subject matter should be at least loosely related to COVID-19; however, it need not be law related. Entries can be fiction or nonfiction and should be written in accordance with the rules set forth below.

Read more

Being Thankful for the Little Things


By Trey Ellis

It is no secret that the COVID-19 pandemic has forced many, if not all, into some position of discomfort. From business closings to restrictions on in-person gatherings, many aspects of what we consider to be “normal life” have been removed. With much of this “normal life” taken away, it seems natural for us to focus on all the things we don’t have as a result of these circumstances.

However, I would like to challenge everyone to find the positive in what seems like so much negative — to discover the light in what seems like so much darkness. I propose that we concentrate on identifying the things that we still do have under these difficult circumstances, instead of lamenting what we don’t have. More than anything, I want to suggest that we all remain intentional about being thankful for the little things. Let’s make gratitude our new attitude.

Read more

The Year of the Mask

By Rachel Royal

I love when the new year rolls around. I know that time really has no boundaries, and December 31 rolls effortlessly into January 1 with no fireworks of its own accord. But the thought of starting anew is exhilarating to many people, and the New Year’s resolutions that everyone talks about are a result of this excitement. It is as if we are shedding off the old and physically stepping into a new year. In January of 2020, I was enrolled in a Bachelor of Science program at the University of North Carolina at Pembroke, looking to buy a house, and had sworn off wine and any kind of unhealthy food. I had such high hopes for the coming year.

Read more

Navigating the Holidays with COVID-19: Create a Roadmap for Success

By Kim R. Bonuomo

From the leaders of groups that deal with families in crisis:

Susan Myres, President of American Academy of Matrimonial Lawyers (AAML)
Larry Fong, President, Association of Family and Conciliation Courts (AFCC)
Mindy Mitnick, AFCC President-Elect
Matt Sullivan, AFCC Past President
Laura Belleau, AAML Second Vice President
Kim Bonuomo, AAML committee co-chair for AAML/AFCC program Nancy Kellman AAML committee co-chair for AAML/AFCC program
Jill Peña, AAML Executive Director Peter Salem, AFCC Executive Director

The following are useful tools to help divorced/separated parents sharing custody to get through the upcoming holidays in the midst of a continuing pandemic with a minimum of conflict and stress.
Read more

A Plethora of Pandemic Predicaments, a CLE for Posterity

Paraphrasing Shakespeare, when it comes to COVID-19, there are more things in heaven and earth than any one attorney has considered.

Puzzle out some pressing pandemic issues by participating in the upcoming CLE, Law in the Time of Corona: People, Places, Protests and Police. Profit from the pundits and their manuscripts as they provide practice tips. Ponder with them over issues you may not yet have encountered or may want to learn to handle more proficiently.

A pair of sections (Administrative Law and Government and Public Sector) have pulled together a positively praiseworthy CLE for you. Examples of issues that pop up just in the CLE papers include (paraphrasing):

* Lurkers in public meetings online

* Policy-making as to which political bodies, like local government-appointed boards, pose problems for budgets for remote meetings

* Policing models – Problem Oriented Policing as one possibility

* Preparing for public access and signage

Protect yourself and your clients by participating in this virtual webinar on November 20, 2020. Pick up 6 hours of CLE credit as you parley a little time into proficiency. Register ASAP! You’ll regret it if you don’t. Peruse the particulars and register here.

Occupational Licensing Committee Update for Quarter 4 of 2020

 By Nicholas Dowgul

Each year occupational licensing boards and state agencies are required to submit reports to North Carolina governmental committees and offices. There have been some recent changes to the time frame for some reports as well as the addition of another report. Due to COVID-19, we have seen a direct impact on fingerprint requirements for licensing boards, as well as an amendment to a portion of one Board’s general statute, which allows for greater Board flexibility during disasters and emergencies.
Read more