Take Advantage of Extended Early Bird Pricing until Jan. 21. North Carolina Bar Association Members Get $150 Off Standard Registration.
As a member of the North Carolina Bar Association, we want you to know that you can register for ABA TECHSHOW 2019 at a special reduced rate. This discount only applies to registrants that qualify for the Standard registration and will save you $150. You can register online and include this unique discount code: EP1913 at checkout to receive the discount.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Catherine Reachhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCatherine Reach2019-01-14 13:09:512019-01-16 13:46:24ABA TechShow 2019 NCBA Member Discount and Some Redaction Tips
Bad grammar can lead to an adverse coverage decision – that’s the lesson one insurer (and its insured) learned the hard way when the NC Court of Appeals held that an incomplete sentence and improper grammar in an insurance policy that purported to exclude coverage for claims involving sovereign immunity was ambiguous. The Court’s decision paves the way for the Plaintiff to proceed with her slip-and-fall case, even though Supreme Court had previously ruled that the Defendant was entitled to assert sovereign immunity.
While 2019 is not on track to become the futuristic landscape predicted in Blade Runner, the new year brings new Rules of Appellate Procedure and takes steps toward a paperless appellate practice.
On Dec. 19, 2018, the Supreme Court of North Carolina issued an order amending the North Carolina Rules of Appellate Procedure, which went into effect on Jan. 1, 2019. The order can be found here, and it “affects Rule 3, 3.1, 4, 9, 11, 12, 13, 18, 26, 28, 30, 37, 41, 42 (new) and Appendixes A, B, and D.”
The majority of these changes relate to appeals from cases involving the termination of parental rights, which are now directly appealed to the Supreme Court of North Carolina. There are, however, changes to the Appellate Rules that will affect all practitioners, including adjustments to when appellant briefs are due, reduction in the volume of paper documents filed with appellate courts, and new rules concerning sealed documents and protected information.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2019-01-10 15:29:282019-01-11 14:49:02New Year, New Rules: Amended Rules of Appellate Procedure Are Now In Effect
DR Spotlight is a Q&A series that focuses on Dispute Resolution Section members.
Will Oden lives in Wilmington, North Carolina, and has practiced with Ward and Smith, P.A. in the areas of employment law and workers’ compensation since 2004, when he graduated from law school. He also serves as a mediator in employment and workers’ compensation cases. According to Will, any virtues he possesses come directly from his parents; the fault for the rest lies with him.
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The NCBA has offered five basic training courses in Collaborative Law Practice in the past, and is offering the next one Feb. 6-7 at the Grandover in Greensboro. Click here to view the brochure with all the details.
This 14-hour training is for any lawyer who wishes to add the collaborative approach to their practice, including both family lawyers and other civil lawyers, including those practicing in the areas of construction, employment, small business, probate, as well as litigation. Because collaborative is practiced entirely out of court, it is not necessary to have training or experience as a litigator to become a collaborative lawyer.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2019-01-08 15:07:502019-01-10 08:27:19Collaborative Training At The Grandover Feb. 6-7
The Government & Public Sector Section invites you to three events that promise to be well worth your time.
Save the Dates: Thursday, Feb. 21 and Friday, Feb. 22, 2019
A joint networking event with the Constitutional Rights & Responsibilities Section is Thursday, Feb. 21 from 5:15 – 6:30 p.m. at Dean’s Kitchen & Bar, 1080 Darrington Drive, Cary. The event is free for all Section members. Click here to register online by Feb. 20.
A Friday, Feb. 22 joint CLE with the Constitutional Rights & Responsibilities Section: “In Tune or Off Key: Law, Government, Constitutional Rights and Responsibilities” will provide six hours of CLE credit, including one hour of ethics/professional responsibility credit. This program presents a full-day’s concert of sessions dealing with the legal music of our lives. Topics include:
A view from the bench regarding Section 1983, government and citizen suits
Protecting voting rights and empowering citizens in environmentally vulnerable areas
Data privacy and legal ethics
Administrative searches and warrants
Injunctive relief when citizens participate in democracy
Protecting rights and citizens from debtors prison
Click here to register and join us on Friday, Feb. 22 as we turn up the volume on our knowledge of these chords of law.
Also on Friday, Feb. 22, we will hold our Section’s annual meeting and present the Grainger Barrett Award for Excellence. The Award is designed to honor a government or public sector attorney for their excellence, dedication and passion for justice.
Please note: You do not have to attend the CLE in order to attend the networking event or the annual meeting and presentation of the Grainger Barrett Award for Excellence. However, we really hope that you will choose to come to all three events.
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Civil litigators handling appeals: Beware. For the second time in less than a month, the North Carolina Court of Appeals dismissed an entire appeal due to an appellant’s failure to comply with the North Carolina Rules of Appellate Procedure. In WBTV v. Ashe County (4 Dec 2018, Dietz, J., unpublished), the Court of Appeals found substantial rules violations by a represented party, and it dismissed plaintiff’s interlocutory appeal without ever reaching the merits.
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Lawyers use email every day and are very familiar with the mechanics of sending and receiving email. However, because of its ubiquity, lawyers often get complacent about best practices for using email effectively and proficiently. Email can be a great communication tool, but it can also be dangerous. Here are some reminders about email dos and don’ts.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Catherine Reachhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCatherine Reach2019-01-07 12:54:002019-01-08 09:45:3910 Email Dos and Don’ts for Lawyers
A California Superior Court Judge struck down a critical component of NCAA enforcement in early October, ruling that the organization’s “show cause” penalties unlawfully constrain a person’s right to seek employment under California law.[1] Judge Frederick Shaller’s decision gave former USC assistant football coach Todd McNair a victory in his seven-year battle against the NCAA, although it remains uncertain whether that victory can withstand the inevitable scrutiny to be administered by other courts.
The NCAA relies on show cause penalties as one of its most devastating punishments, designed to deter bad behavior by NCAA coaches. The organization reserves these orders for serious offenses, and the orders require that a school hiring (or continuing to employ) an impacted coach to detail for the NCAA how it will monitor the coach. Additionally, if a coach laboring under a show cause order commits further rules violations, the organization will levy more severe punishments to the institution. Because these penalties are affixed to an individual, rather than the school, they can make the coach effectively unhirable.[2]
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2019-01-07 11:57:152019-02-05 13:35:03The Show Must Not Go On: NCAA Faces Enforcement Hurdle Following Court’s Prohibition Against Show Cause Penalties
The Insurance Law Section’s 2019 CLE is premised on a “back to basics” concept to assist attorneys and insurance adjusters both new to and well-versed in insurance law.
Back to Basics: Insurance Law Section Annual Meeting and CLE
Live and Webcast
Thursday, Jan. 31, 2019
NC Bar Center, Cary
CLE Credit: 6.5 hours, includes 1.0 Hour Ethics/Professional Responsibility
6.0 Hours of General Continuing Education Credit for Insurance Professionals (Live program only). Must attend the entire program to receive this credit.
Planned by the NCBA Insurance Law Section
Insurance law encompasses many issues and areas of practice, including whether a policy of insurance potentially provides coverage for a claim and disputes between third parties and individuals or entities listed as named insureds or identified as additional insureds under a policy.
In addition to those matters, learn from exceptional attorneys as they share, explain and provide helpful practice information in the areas of commercial general liability insurance, excess and umbrella insurance, directors and officers insurance, errors and omissions insurance (malpractice insurance), medical health insurance, disability insurance, automobile insurance, and homeowner’s insurance. The program also addresses issues concerning insurance carriers’ duty to defend and provides an excellent role play of an insurance coverage dispute.
This is a fantastic opportunity to learn more about analyzing and handling insurance law matters, and is useful to attorneys from a wide range of practice areas.
TownePlace Suites by Marriott
120 Sage Commons Way | Cary
Nightly Rate: $114 studio queen with sleeper sofa (Sunday-Thursday)
Reservations: 919.678.0005
Ask for the NCBA corporate rate.
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Will Oden lives in Wilmington, North Carolina, and has practiced with Ward and Smith, P.A. in the areas of employment law and workers’ compensation since 2004, when he graduated from law school. He also serves as a mediator in employment and workers’ compensation cases. According to Will, any virtues he possesses come directly from his parents; the fault for the rest lies with him.
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