Month: June 2017 (page 2 of 2)

Talking To All Generations: Manage Your Online Reputation

By Matt Cordell

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 their professional reputations online, I have begun to realize that many of us fail to recognize some aspects of maintaining our online reputations, and I have begun to be much more specific in my advice to younger lawyers.

Older lawyers, I have observed, often seem to understand some of the things that younger lawyers may miss, but older lawyers can have their own blind spots in this area. In this short piece, I would like to describe a few observations about lawyers’ online reputations and suggest that young lawyers and older
lawyers can learn much from one another regarding this topic. (There are, of course, plenty of exceptions to my generational generalizations.)

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In the Aftermath Of a Cyber Attack, What Do You Tell the State Bar?

By Joyce Brafford

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 are your ethical obligations?

I reached out to Deanna Brocker of the Brocker Law Firm in Raleigh, and she shared some practical advice for anyone who finds themselves in this situation. The Brocker Law Firm concentrates in professional and occupational licensing, ethics and disciplinary matters. The firm also advises and represents professional clients in various related areas, including prospective ethics counseling, private ethics opinions, expert witness testimony, firm disputes, North Carolina State Bar grievance defense and attorney discipline defense.

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Lessons Learned From the Former ‘Fat Boy’: Tackling Childhood and Adolescent Obesity

By Russell Rawlings

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, so nothing I would ever say about weight and wellness should ever be mistaken for professional advice, especially when it comes to childhood and adolescent obesity.

But I have lived through both, and although it has been nearly 40 years since I experienced my transformative weight loss, I will never forget what it was like to be young and overweight. I will never forget what it was like to be the “fat boy.”

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Bioethics Master Strengthens and Expands Health Care Practice

NCBA Health Law Section / N.C. Society of Health Law Attorneys


The Wake Forest Bioethics Graduate program admits attorneys seeking to advance their knowledge of health care ethics and public policy, as well as joint-degree law school students who realize the career flexibility that comes with graduate training in the moral dimensions of health care policy. Bioethics education can deepen a health care lawyer’s understanding of the broader social context of various aspects of the life-sciences industry. In depth study of both classic and emerging bioethical dilemmas can sharpen lawyer’s skills in representing health care clients. Or, a graduate degree can be a springboard for a lawyer looking to move into management or public policy career paths.

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MacCord’s List: IP Notices & News From Art MacCord

By 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.

Copyright Office Publishes Recent Review Board Decisions

Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition

 

Section 1557 Of the ACA, Association Discrimination, and Health Insurance Coverage For an Employee’s Dependent With Gender Dysphoria

By Joseph S. Murray IV

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 on these requirements, covered health benefit plans cannot limit or exclude medical services related to gender dysphoria and gender transition. Employees and their covered dependents can directly sue employers and benefit plans to enforce the Section 1557 non-discrimination provisions.[1]

But what if Section 1557 does not apply to an employee’s health benefit plan? Can employees use association discrimination claims to require their employers’ health benefit plans to cover gender transition surgery and related medical treatments for the employees’ dependents?[2] In a recent case, the 8th Circuit Court of Appeals upheld the dismissal of an employee’s Title VII association discrimination claim since such claims are based on the employee’s own protected status.

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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
http://www.guidethroughthelegaljungleblog.com/2017/05/25-key-points-about-using-music-in-your-business.html

Sports Wagering In Your State
http://www.dickinson-wright.com/news-alerts/ghln-5-4-17

Third Verse Same As the First: Will Richard Prince’s Transformation Defense Work Yet Again?
http://www.thompsoncoburn.com/insights/blogs/in-focus/post/2017-05-08/third-verse-same-as-the-first—will-richard-prince-s-transformation-defense-work-yet-again

Federal Court In California Agrees: College Football Players Aren’t ‘Employees’
http://www.constangy.com/communications-723.html

Vermont Passes Fantasy Sports Legislation
http://www.kleinmoynihan.com/vermont-passes-fantasy-sports-legislation/

Banging the Disclosure Drum: The Once Blurry Line Between Advertiser and Influencer Continues To Come Into Focus
https://www.socialgameslaw.com/2017/05/disclosure-advertiser-influencer.html

The Kardashians Can’t Keep Up With Copyright Law
http://www.lawofthelevel.com/2017/05/articles/social-media/kardashian-copyright-law/

Horse Racing-Based Fantasy Sports Game Found Illegal
http://www.lawofthelevel.com/2017/05/articles/fantasy-sports/derby-wars-found-illegal/

Fyre Festival Flameout Includes False Advertising
https://www.manatt.com/Insights/Newsletters/Advertising-Law/FTC-Emphasizes-Disclosures-in-Letters-to-Influence#Article4

SoundExchange Acquires CMRRA: What Does it Mean for Music Licensing?
http://www.broadcastlawblog.com/2017/05/articles/soundexchange-acquires-cmrra-what-does-it-mean-for-music-licensing

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