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2018 Health Law Section Annual Meeting and Joint CLE With the Litigation Section

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. Attorney General Josh Stein speak about the opioid epidemic in North Carolina and beyond, including the scope of the problem, prevention strategies for physicians and other health care providers, the STOP Act and the Synthetic Opioid Control Act, supporting treatment and recovery services, and support for law enforcement.

Did we also mention that Pamela Morrison with Coastal Horizons Center in Wilmington will be on hand to make this a substance abuse CLE credit presentation, with a discussion about the treatment of substance use disorders and how legal professionals can help and get help.  Please plan to join the Health Law and Litigation Sections for a joint CLE program Friday April 27, 2018 at the Greensboro Marriott Downtown, with presentations by Attorney General Stein, DHHS Secretary Mandy Cohen, and many other great speakers!  You’ll receive 6 total CLE credits, including 1.0 hour ethics/professional responsibility, and 1.0 hour substance abuse/mental health.  Visit http://gateway.ncbar.org/store/seminar/seminar.php?seminar=109189 to learn more and to register.

Join Us For the Upcoming CLE: Forecast: Cloudy With a Chance Of Reform

By Brandon Leebrick 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 largely tied to ever-changing political and economic climates. Nevertheless, there is value in understanding what may lie ahead so necessary preparations can be made for possible changes.

The upcoming CLE and Annual Meeting,  Friday, April 20 at the NC Bar Center in Cary (Credit: 6.0 hours, including 1.0 hour Ethics/Professional Responsibility) presents an invaluable opportunity to learn from leading administrative lawyers about recent and future legal developments in the following areas:

  • Interstate Compacts
    An introduction to the history and purpose of interstate compacts for occupational licensing governance, including a discussion of the primary features of compacts and notable licensing compacts used by states.
  • Records Retention Schedules and Procedures
    An informative presentation about the requirements for maintaining and storing certain public records, including practical points for administrative lawyers and particularly those representing agencies and boards.
  • Employee Classification Changes and State Personnel Act Cases
    An update of state personnel case law that has developed since changes were made in 2013 to the North Carolina Human Resources Act, including a discussion of the impact of recent appellate decisions on OAH’s authority in personnel cases.
  • Legislative and Regulatory Reform Updates
    A review of 2017 APA-related legislation during the General Assembly’s long session, and a preview of the upcoming 2018 short session.
  • The Shifting Roles of the Ethical Administrative Lawyer
    A discussion of the unique ethical challenges administrative lawyers encounter.
  • Administrative Case Law, Office of Administrative Hearings, and Rules Review Commission Updates
    Presentations providing overviews of significant developments over the past year and previews of impending changes.

In addition to the opportunity to learn about these timely topics, there will be time to catch up with fellow colleagues and attend the Administrative Law Section’s Annual Meeting, which will include a presentation of this year’s Administrative Law Award for Excellence. Last year Senior Administrative Law Judge Fred Morrison received the award, and we look forward to bestowing this accolade to another deserving individual this year.

We hope you will join us for this CLE opportunity and look forward to seeing you then!

Register here.

 

 

 

 

 

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 the Health Law and Litigation Sections for a joint CLE program Friday, April 27, 2018 at the Greensboro Marriott Downtown, with presentations by Sec. Cohen, Attorney General Josh Stein, and many other great speakers!

You’ll receive 6.0 hours total CLE credits, including 1.0 hour ethics/professional responsibility, and 1.0 hour substance abuse/mental health.

Learn more and register here.

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 participate now!

To learn more about this program, and about the substantive law which it provides, please register to attend the UNC Cancer Pro Bono Legal Project CLE, to be held at the UNC School of Law on January 26 at 9 a.m. This CLE will provide an overview of substantive law helpful to attorneys participating in the UNC Cancer Pro Bono Legal Project, a collaborative project sponsored by the UNC School of Law’s Pro Bono Program, N.C. Cancer Hospital, and Legal Aid of North Carolina. The CLE also will include a review of changes to the law surrounding advance directives documents, new for 2018.

While this CLE is provided free of charge — in hopes that you will volunteer (or continue to volunteer!) as a supervising attorney through the program — you will be responsible for paying your own CLE fee to the state bar ($3.50/hour).

Click here to register for the CLE program.

 

 

Thank You, NCBA Members For All You Do; This Turkey Day Poem Is Just For You

By Josh McIntyre, 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 quite a few things at work:

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Welcome, ACBD Section Members!

By C. Bailey King Jr.

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 forward, Nathan will be working with Gavin Parsons and Tim Lendino to bring you blog content, which will include encouraging each of you to write blog posts.

The reason for this change is simple: we believe it will better serve you. Our newsletter has always provided great content for Section members. Now, we will be able to push that same content out in a more timely fashion and in a way that is easier to access. We hope that by making this change we will be able to provide you with greater resources in your practice. More importantly, in my opinion, unlike the newsletter, blog posts will be freely distributed across the internet, making the publication opportunities our Section provides much more valuable. Nathan and I invite all Section members to submit proposed posts for consideration. Our hope is that this change will help all of us in building diverse practices focusing on antitrust and complex business disputes.

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The One CLE You Don’t Want To Miss

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 up already:

First, the CLE features an all-star cast of speakers from all three branches of government.  These speakers include Supreme Court justices, Court of Appeals judges, and the recently retired Speaker Pro Tempore of the North Carolina House of Representatives.  Simply put, there is no more qualified group of individuals than these current and former public officials to speak about the sweeping changes that our state government and local governments have experienced in the past year, which could impact your practice.

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Juvenile Representation: Yesterday, Today and Tomorrow: JJCR Section Annual Meeting 2017

By Matthew Ellinwood 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 Juvenile Representation CLE scheduled for Friday, May 12, 2017 at the Cary Bar Center is just for you!!!  The first 15 Juvenile Justice & Children’s Rights Section Members who register BEFORE May 5, 2017 will receive an additional rebate which will lower the registration fee.

This CLE will provide attendees with effective strategies for juvenile representation from practitioners in the field, juvenile judges, and youth impacted by contact with the juvenile justice system.

Key topics covered will include:

  • Practical suggestions from experienced attorneys handling cases in abuse, neglect, and dependency court
  • Judges’ examples of effective advocacy from their experiences in juvenile court
  • Perspectives from youth who were formerly involved in the juvenile delinquency and child welfare systems
  • A look back at the meaning of In re Gault after 50 years
  • Dealing with stress and trauma from handling difficult juvenile cases

Matthew Ellinwood and Sabrina Leshore are co-chairs of JJCR-CLE.

Chair’s Comments: 2017-18 Officers Elected, Walter E. Dellinger III Honored, CLE on HB2 Held

By Robert Ward

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 Perkins presented the treasurer’s report, and a discussion ensued regarding the use of any potential section budget surplus. In this connection, Andi Bradford will consult LRE for recommendations for council consideration at the next council meeting.

As has been the custom, the Annual Meeting of the Constitutional Rights and Responsibilities Section was held in conjunction with the section’s sponsored CLE. The topic this year was North Carolina House Bill 2. At noon, the section meeting convened and for the agenda the nomination committee submitted a slate of officers and members for consideration by the section. The first agenda item was the nomination of Chair Michele Luecking-Sunman and Vice Chair Patricia Perkins to be submitted to and recommended for appointment by NCBA President-Elect Caryn Coppedge McNeill. Second, Secretary Tami Fitzgerald and Treasurer Chris Brook were elected. Third, the section elected four new Council members: Leto Copeley, Scott Gaylord, Ann McColl and Tom Segars. I extend my congratulations to them on their election and commend them for their willingness to serve our section for the upcoming 2017-2018 council year.

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The Chair’s Column: Construction Law Section, This Blog’s For You

By M. Riana Smith

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 section’s new blog format.

Rather than receiving our newsletter approximately every four months, you will receive more frequent posts on items of interest and affecting our section members – typically on a monthly basis. The motivation behind this change is to provide the members more timely access to important information instead of waiting until we have enough articles for the Change Order or until the next deadline. Expect to still receive the same great articles from section authors that you always have, but also look forward to blogs on other areas of law that may affect your practice, as well as legislative and case law updates. Changing the format has been in the works for some time. I want to thank the Newsletter Committee: Jonathan Massell, Lindsey Powell, Gib Laite and Todd Jones for their hard work that led to the successful launch of our new blog format. If you have ideas for a blog, an article (perhaps broken into a series of blog posts), or see another blog that should be re-blogged, please email our co-chairs (listed above) so they can make plans to include in future posts. Also, we welcome your feedback on this new format – good, bad (aka kindly constructive), or in-between, so we can continue to improve and better serve the section.

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