Happy New (Bar) Year!

By Eleasa Allen

July 1 welcomed a new year at the Bar Association.  With this new year, we say “goodbye” and “thank you” to our past council members and leadership.  I am grateful to Immediate Past Chair Holland Ferguson for leadership during the 2018-2019 bar year.  Also, many thanks to the council members who have now completed their three-year terms.

As the new year begins, I look forward to serving as the chair, along with the other officers and council members, of this large and diverse section.  As you may know, the Section leadership includes the following:

Vice Chair Barry Jennings

Immediate Past Chair Holland Ferguson

Secretary Mark Leach

Treasurer Heather Baker

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Welcome To a New Bar Year

By Clara Cottrell

Dear Members of the Corporate Counsel Section:

It is my privilege to serve as the chair of the Corporate Counsel Section during the 2019-2020 bar year.  The Section has an outstanding group acting on your behalf as officers, council members, and committee chairs.  I encourage you to see who they are on the NCBA website. Please reach out for lunch, coffee, or just to say hi to any of them and/or to me!

This year the Section is focusing your membership dollars on deepening connections among ourselves, the members.  We have plans for at least three no-cost networking events. They are being spearheaded by our Membership Committee, Pro Bono Committee, and Section Council.  These will be non-CLE events designed for maximum connectivity – without those team building exercises we all love and hate.

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Checking In: July 26, 2019

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Domestic litigation firm Cordell & Cordell has recently hired attorney A. Allister Cooper to join its office in Wilmington. Cooper’s practice focuses on both family law and employment law. She holds a Bachelor of Science in business administration from the University of North Carolina at Greensboro and a Juris Doctorate from the Charlotte School of Law.

 

 

 

Joseph DelPapa returns to Ward and Smith’s Raleigh office, where his practice will focus on securities, tax and transactional law. DelPapa has previously served as fractional general counsel for several companies as well as worked as a certified public accountant. He holds a Bachelor of Science degree in accounting, summa cum laude, from North Carolina State University as well as a Juris Doctorate, cum laude, from the University of Florida.

 

 

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Membership in the NCBA Paralegal Division Has Benefits

By Tina Dadio

The NCBA Paralegal Division is excited to announce the officers for the 2019-2020 NCBA bar year (July 1, 2019-June 30, 2020).

Tina Dadio, Paralegal Division Chair, Charlotte

Stephanie Durham-Rivera, Paralegal Division Vice Chair, Raleigh

Leslie Pegram, Paralegal Division Immediate Past Chair, Raleigh

Karen M. Rabenau, NCBA Board Liaison, attorney in Durham

Stephanie Elliott, Paralegal Division Secretary, Charlotte

Shawana Almendarez, Paralegal Division Treasurer, Kannapolis

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Message From the Chair Of the NCBA Bankruptcy Section

By John Small

Dear Members of the Bankruptcy Section:

It is my privilege to serve as chair of the Bankruptcy Section during this fiscal year. The Section leadership is looking forward to a great year. You can find the officers, council members and committee chairs for the Bankruptcy Section by going to its webpage on the NCBA website.

I am excited that there are three new committees working for the Bankruptcy Section this year.

The Networking Committee led by Cindy Oliver, Samantha Bumbaugh and Andy Houston will have more networking events outside the Annual Bankruptcy Institute and Council meetings. This committee is the result of the members’ interests indicated by the survey conducted at the end of 2018. I encourage you to look for announcements of additional networking events this year.

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Kate Deiter-Maradei Knows How To Work

As we continue to celebrate wellness this summer, we’re introducing NCBA members who excel at living healthy lives. Kate Deiter-Maradei sets an example as a highly effective person who doesn’t let work rule her life.

By Amber Nimocks

The first thing you notice about Kate Deiter-Maradei is her smile. It’s wide. It’s bright. And more often than not, it’s spread across her face.

Hers is the kind of smile you wear when you’ve figured something out, something important. For Deiter-Maradei that something is work. She’s figured out how to make a living practicing the kind of law that gives her a sense of meaning and helps others. More than that, she’s figured out how to keep her livelihood from crowding out her life.

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Connect With the YLD

By Cabell Clay

As the summer heat ramps up, so does the new NCBA YLD Bar Year.  I am excited to chair the Young Lawyers Division for the 2019-20 Bar Year and want to personally invite you to connect with the YLD this year in two easy ways.

1. Connect with the YLD on SLACK.

SLACK  is a collaborative online workspace that encourages our members to stay connected without clogging inboxes with email.  It’s a great way to share ideas, ask questions, and learn what the YLD has going on.  If you want to learn more about Slack generally, check out these FAQ’s.   I encourage all YLD members to connect with the YLD on SLACK.  To register, please click HERE to submit your name and your email.  Shortly after you complete the form, you will receive an invitation to formally join the #YLD Channel.

2. Join a Committee!

The heart of the YLD is our committees.  With 14 committees covering a variety of projects, focuses, and interests, we have something for everyone.

Interested in the health and well-being of the YLD? Join the Wellness Committee.

Want to help raise food and funds for our hungry North Carolina neighbors? The Legal Feeding Frenzy Committee is for you.

Devoted to furthering diversity and inclusion among our profession?  Check out the Legal LINK or the Diversity & Inclusion Committees.

Enjoy planning events and bringing folks together? The Member Outreach or Law Student Outreach Committees are calling you.

These Committees are the perfect way to connect with other young lawyers from across the state, connect with opportunities to better yourself, and connect with opportunities to better our profession and communities.

To learn more about the YLD’s 14 Committees and to sign up, click here.

I look forward to connecting with you during the 2019-20 Bar Year.  If you have any questions, comments, or suggestions this year, don’t hesitate to reach out to me – you can email me at cabellclay@mvalaw.com — or, better yet, send me a message on SLACK!

Cabell Clay

2019-20 NCBA YLD Chair

Land Use Law Changes, Including New 160D, Signed Into Law

By Lisa Glover

S355, Land-Use Regulatory Changes, was signed by the governor July 12.  The law (S.L. 2019-111) contains provisions affecting litigation practices in land use disputes, further refinements to the “Permit Choice Act” and the law regarding vested rights, and various provisions affecting day to day operations for local governments processing development permit applications (Part 1), as well as the enactment of Chapter 160D prepared by David Owens, Tom Terrell, LeAnn Nease Brown, and Robin Currin, which is a complete rewrite of the state’s planning and land use statutes (Part 2).   Part 1 was immediately effective July 12, while Part 2 will become effective Jan. 1, 2021.

Congratulations to the 160D team on seeing their goal accomplished! David Owens has indicated that the School of Government “will be putting out detailed information on the content and implications of 160D over the next few months, including an updated annotated version of the bill, tables that cross-reference the new statute to the existing statutes, checklists of items that need to be updated in local ordinances, and more,” including webinars and workshops.  The ZPLU Section Council is also currently in the process of planning a fall event to learn more about the new legislation, to celebrate the passage of 160D and to recognize those who were integral in making it happen.

Appellate Case Roundup

By Joe Murray

The appellate courts have been busy this summer. Unfortunately, none of the opinions are very enjoyable to read—unless you love technical opinions on ERISA, SOX, and the MSPB.

Pense v. MD Dep’t of Public Safety, No. 18-1554 (4th Cir. June 11, 2019) (11th Amendment): Just a reminder when bringing claims under state law against a state in federal court: a state can only waive its 11th Amendment immunity “by the most express language or by such overwhelming implication from the [statutory] text.” Pense’s claims alleging sexual orientation discrimination under Maryland’s FEPA are dismissed.

Northrop Grumman Systems Corp. v. US Department of Labor, No. 17-1811 (4th Cir. June 13, 2019) (SOX): The 4th Circuit makes it clear to DOL that SOX whistleblower protection is limited to six specific areas and is not a catchall retaliation provision. The 4th Circuit reversed the DOL’s judgment,[1] finding that an employee arbitration policy is not shareholder fraud and, even if it could be shareholder fraud, there was no objective reason to believe this particular arbitration clause constituted a violation of SOX.

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Keep Out: NLRB Allows Further Restrictions of Union Access to Employers’ Property

By George J. “Jerry” Oliver

In a June 14, 2019, decision, the National Labor Relations Board clarified whether an employer may limit non-employee union organizers from entering the employer’s private property. UPMC and SEIU, 368 NLRB No. 2. In doing so, the NLRB overruled a precedent held for nearly four decades that allowed non-employee union organizers to enter public spaces on an employer’s private property to convene with employees during union organizing activity. Employers may now prohibit non-employee union representatives’ access to the employer’s private property, including public spaces.

In February 2013, two non-employee union representatives met with a group of hospital employees in the cafeteria of the UPMC Presbyterian Hospital (“hospital”) in Pittsburgh, Pennsylvania, to discuss union organizational campaign matters and distribute union-related materials. The hospital permitted only patients, their families and visitors, and employees to use the cafeteria. Hospital security received two complaints about the presence of the un-permitted non-employee union representatives and following hospital protocol, security asked the union representatives to leave the hospital. When the union representatives refused to leave, hospital security requested the assistance of the police to escort the union representatives from the hospital. The union representatives subsequently filed charges alleging unfair labor practices against the hospital, arguing their presence for the purpose of solicitation and promotional activities is permitted in the hospital cafeteria, as the cafeteria is a public space.

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