Acclaim For NCBA CLE Publication ‘How To Try Your Case Like a Professional’

N.C.Bar Association, May 2016, 75 pages, $40 for members/$45 for nonmembers

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, authored by Parrish and edited by Bonfiglio, at its annual conference this week. The book aims to help litigators get familiar with the procedures and expectations of a real-world courtroom.

Among the many tips included:

  • Don’t get on the jury’s nerves; filter your objections.
  • Don’t get into a verbal altercation with an expert. You will lose.
  • Don’t bore the jury.

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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 

U.S. Supreme Court To Hear Major Sports Betting Case 

Sports Teams Can Deduct Full Cost Of Pre-Game Meals for Traveling Employees At Hotels At Away Games

Can’t Say “I Ain’t Mad At Cha” For Copying Me

Jordan-Benel v. Universal City Studios, Inc.

The (Exempt) Boys of Summer: 9th Circuit Upholds Minor League Baseball Antitrust Exemption In Wage Suit

SEC Confirms Sales of NFL Fan Memberships Fall Outside of Securities Act

Gene Simmons Claims Gesture

Indiana’s Slow Implementation of Fantasy Sports Law

Chris Spielman’s Lawsuit Against Ohio State Could Set Monumental Precedent

Overview of Changes To Nevada Gaming Law

Celebrity Influencers Continue to Flout FTC Disclosure Rules


Case Summaries: Custody Modification, Equitable Distribution, Change of Circumstances

NCBA Family Law Section

By Jeff RussellRebecca 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 before modifying the prior custody order, the Court of Appeals vacated the custody modification order and remanded the case to the trial court.

There are two issues to note in this appeal: First, the Court of Appeals does not comment upon or engage in any analysis of whether the orders in the case are temporary or permanent in nature. The Court seems to assume that the orders are permanent, because it cites the two-step modification analysis for a permanent order (substantial change in circumstances/best interests). Second Judge Dillon dissents in part from the Court’s opinion concerning which of the parties’ prior custody orders should be in effect pending further hearings on the matter.

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How Much Weight Could You Lose If You Believed You Could Lose Weight?

By Russell Rawlings

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 and is over halfway toward his goal.

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From the Outgoing Chair: A Heartfelt Thanks For a Year Of Giving and Growing

By Annette Phelps

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 of the Paralegal Division to be completely in touch with what all the sections and other divisions are involved with and how to disseminate all that information to the council and members.  A new Section Liaison Committee Chair was appointed to breathe life back into a committee that was struggling for participation.  All section liaisons are now invited to participate in all council meetings so that they have a first-hand experience of everything our division is doing.  They can then report back to each section and division for which they are a liaison, and report back to our division what opportunities are available by way of pro bono work, technology, education, and many opportunities. There are still section liaisons spots available and we welcome anyone interested in joining a section and becoming a liaison to contact us.  The networking that comes from being a section liaison is priceless.

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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 April. The planner will find speakers for the monthly one-hour sessions. This is an excellent opportunity to work with the Paralegal Division as well as network and engage with attorneys, paralegals, and others providing legal support within various areas of law.

If you would like more information, or if you are ready to volunteer, please contact Paralegal Division Chair Debbie Harris.



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. 

By Joyce Brafford

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 in the current. She braved the river again to save the second child. Before she could return, she saw another baby in the water. A man who was walking down the path offered to help. Soon more good Samaritans joined in to pull child after child from the water. Each passing person offered to help. Everyone helped except one woman who dared ask, “Shouldn’t someone investigate why there are babies in the river?” **

This parable reflects our lives in so many ways. We tackle problem after problem, and never stop to investigate the larger context. It’s the same with our mental health. We patch up and move on, never stopping to investigate how or why we are anxious, moody, unfocused or fatigued.

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What About Everyone Else? Could Paid Maternity Leave Become a Reasonable Accommodation Under the ADA?

By Joseph S. Murray IV

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 the consensus that maternity leave linked to the mother’s recovery does not violate Title VII. See, e.g., EEOC Enforcement Guidance on Pregnancy Discrimination and Related Issues (June 25, 2015). But do such policies raise the possibility of paid leave as a reasonable accommodation for a qualified individual with a disability under the Americans with Disabilities Act, as amended (ADA)?

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From the Chair: Kiawah In the Rear View — and On the Horizon

By Keith Wood

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 Annual Meeting in Kiawah again over Memorial Day weekend. We hope you will start making plans to join us in Kiawah that weekend. For those of you already planning to attend, we would ask that you encourage other co-workers and colleagues to make plans to attend as well.

Also, Kevin May of Graves May in Wilmington has agreed to chair this CLE Committee. I know he would appreciate suggestions for speakers or topics.

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MacCord’s List: IP News & Notices 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.

U.S. Copyright Office Announces Start of Seventh Triennial Rulemaking Proceeding Under Section 1201

Copyright Office Publishes Final Rule for Group Registration of Contributions to Periodicals