Good morning, everyone! There are three important new developments that we want to ensure you know.
1. Chief Justice Beasley’s Newest Order As most of you know by now, last Friday Chief Justice Beasley issued a new Order regarding the administration of justice during COVID-19. Every part of that Order is incredibly important, extending the Chief Justice’s prior directives out to June 1, clarifying the procedure regarding remote hearings, and much more. We recommend every attorney and paralegal read this Order in full.Click here to read it.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2020-05-05 07:23:432020-05-05 11:50:00A New Chief Justice Beasley Order, Session Law 2020-3, and the Court Wants Your Help!
[Editor’s note: We appreciate the substantial contributions of John H. Griffing of Griffing Leazer, PLLC in Gastonia and Kathleen R. Rodberg of McGuire Wood & Bissette in Asheville in preparing this post for timely publication. Please look for a separate post by Kathleen R. Rodberg on guardianship changes shortly.]
[Additional Writer and Editor’s note: When assisting clients with estate planning documents this statute does not alter legal precedent requiring original wet signatures and original wet notarizations on most documents. This blog only focuses on the steps a notary would take in completing a remote video notarization when an original wet signature is required. Please reference the provisions of G.S. 10B-25(e)(1) for direction on remote video notarization when an original wet signature and original wet notarization are not required for the document.]
Attorneys from the Elder and Special Needs Law Section of the North Carolina Bar Association in collaboration with NC NAELA, other sections of the North Carolina Bar Association and its leadership, other interested parties, and the North Carolina General Assembly have been working to introduce the legislation that passed on May 2, 2020, and was signed into law by Gov. Cooper on May 4, 2020, authorizing remote notarization, remote witnessing, and execution of health care directives without witnesses during the state of emergency. There were a lot of compromises. Ultimately, we have legislation that will aid you in providing safe assistance to your clients during the COVID-19 public health crisis.
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Members of the Sports & Entertainment Law (“SEL”) Section found the following recent third-party articles to be of potential interest to the Section. Feel free to reach out to the SEL Section communications chairs (Kelly Ryan and Amanda Whorton) if you would like to submit either personally written pieces or other third-party articles found that would be of interest to the entire SEL Section members.
Today, May 1, is International Workers’ Day. Though it is overlooked in the United States, this day, also referred to as “May Day,” is a public holiday in many countries around the world. It’s a day to celebrate workers and a day for workers to demonstrate and demand more rights in the workplace.
Though many of us are currently confined to our homes, May Day feels particularly relevant amidst the COVID-19 pandemic. In the last six weeks, over 30 million people have filed for unemployment benefits. Even this staggering figure falls far short of revealing the total number of unemployed Americans. As the ship sinks, companies, by and large, are throwing workers overboard. When they do so, people are left reaching for our country’s tattered safety net, which is wholly unequipped to handle something like this.
The coronavirus is laying bare the injustice of the American workplace. On some level, it’s true that we are all in this together. The virus does not care if you are rich or poor, black or white, Christian or Muslim. It does not care if you think this is all a Deep State hoax or whether you are predicting the end of the world. Anyone can be infected.
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Many nonprofits in North Carolina are on the front lines of the COVID-19 crisis struggling to meet increased demands for their services and may not be focused on logistical problems related to having member meetings.
The North Carolina Nonprofit Corporation Act (the “Act,” as set forth in Chapter 55A of the North Carolina General Statutes) provides default rules and defines the bounds of how member and board meetings may be conducted.
Section 55A-8-20(b) of the Act already permits directors of nonprofit corporations to participate in board meetings remotely. There is no parallel in the Act’s provisions on member meetings, and in fact, Sections 55A-7-01 and -02 of the Act state that annual and special meetings of members are to be held at a “place” stated in or fixed in accordance with the corporation’s bylaws. This language suggests, but does not definitively state, that annual and special member meetings can only be held on an in-person basis and not remotely. The language creates a problem for nonprofits given the Gov. Cooper’s prior Executive Orders (and municipal orders) limiting mass gatherings during the COVID-19 crisis to no more than 10 people.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Businesshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBusiness2020-04-30 14:31:272020-05-04 18:51:21New North Carolina Executive Order Addresses Nonprofit Corporation Member Meetings during the COVID-19 Crisis
We all know that mediation relates to communication and building relationships with those around us. I have been working on a fun pandemic project with a great team of people. We have found a unique way to connect with people during these trying times. Tune in on Saturday by going to sunshinesongs.com. See details below:
SAVE THE DATE! Saturday, May 2, 6 p.m. EST!
Mediator Kate Deiter-Maradei and her friend Laura Benanti are proud to introduce the FREE #SunshineConcerts series, livestreamed to thousands of senior living communities, hundreds of children’s hospitals, and anyone interested! This event will be hosted live by Tony Award-winning singer and actor, Laura Benanti, featuring performances from our #sunshinesongs artists with live interviews with our beloved seniors and performers! . . . All information is now live on their website sunshinesongs.com. You can even print out your very own “Sunshinebill” and “ticket”! Feel free to share this information widely.
As the COVID-19 pandemic continues to affect hundreds of thousands of individuals in North Carolina, the need for attorneys to engage in pro bono legal services is even greater than before. The North Carolina Pro Bono Resource Center provides a number of legal resources for pro bono attorneys to ensure that those impacted by COVID-19 have access to appropriate legal services. For those of us who want to provide pro bono services, while still practicing social distancing, Legal Aid of North Carolina and the North Carolina Bar Foundation offer two great programs that allow attorneys to provide remote pro bono services from their own home: Lawyer on the Line and NC Free Legal Answers.
Lawyer on the Line: through Legal Aid of North Carolina’s Lawyer on the Line Program, clients receive answers to legal questions over the course of just one or two phone calls, and the advice provided during these calls informs the client’s decision on how to proceed pro se. Lawyer on the Line cases typically take about an hour of the attorney’s time, though it can vary depending on the area of law and complexity of the issue. Attorneys control how often they will receive Lawyer on the Line referrals and their level of involvement in each case.
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As we have all witnessed, the COVID-19 situation remains incredibly fluid and presents unique challenges to the construction industry, which has been deemed an essential business in the Carolinas. On April 21, 2020, OSHA issued an alert containing COVID-19 safety guidance that is specifically directed to the construction industry. A copy of the one page OSHA alert can be viewed here: https://www.osha.gov/Publications/OSHA4000.pdf.
It is imperative that construction professionals review the OSHA guidance and ensure that they are taking all necessary steps to comply. This is important not only for protecting the health and safety of construction workers and the general public, but also for avoiding a possible OSHA violation for failure to adhere to its COVID-19 safety guidance. As many in the industry know, OSHA’s General Duty clause is very broadly enforced. Though current supply shortages of PPE and various cleaning materials present obstacles to compliance, construction professionals should do their best to follow the OSHA guidance by using the resources they have available. As an additional step, we recommend that construction professionals print out and post the linked OSHA guidance at their jobsites and office locations as a visual reminder to their workers of the steps necessary to keep themselves and the general public safe.
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This year’s N.C. Legal Feed Frenzy raised $151,083.00, equivalent to 604,332 pounds of food. A total of 60 teams participated.
Thanks to Feeding the Carolinas, all online processing fees were covered and 100 percent of the donations went directly to our local food banks. With these funds, food banks are assisting families affected by COVID-19, many of whom previously have not needed food bank support.
On top of their normal operations, the food banks are distributing food to their disaster relief partner agencies including schools, local Meals on Wheels, food pantries, shelters, and senior support groups.
Please see this special thank you from Feeding the Carolinas Executive Director Mike Darrow.
On Thursday afternoon, April 23, N.C. Attorney General Josh Stein, honorary chair and a member of the NCBA, presented the awards live on Facebook. Plaques will be mailed to the recipients. The awards are made possible by the generous funding of the North Carolina Bar Foundation Endowment.
On March 9, 2020, the U.S. Department of Health and Human Services (HHS) finalized two rules (now released for publication in the Federal Register, as of April 21, 2020) intended to give patients additional access to their health data. The rules, issued by the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC), implement interoperability and patient access provisions of the 21st Century Cures Act as well as the Administration’s MyHealthEData initiative.[1] The heart of CMS’ rule is to support data flowing freely and securely between payers, providers, and patients, and to truly achieve coordinated care, improved health outcomes, and reduced costs.[2]
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSecurity2020-04-23 12:30:142020-04-24 11:43:18Hey Health Plan, I Want _______ App to Have My Health Data!
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