Message from the Chair

By Afi Johnson-Parris

Dear Members of the Family Law Section,

I am excited to begin a new bar year with you. It is an honor and privilege to serve as your Chair this year. The entire Family Law Section Leadership, listed here, is dedicated to making sure you receive value for your membership in the way of quality CLE, social activities, and learning opportunities to make your practice better.

Please make the most of your membership in our section. You can do this by attending not just our social events and CLE, but by joining a committee. Simply go to our Section webpage and complete a committee sign-up form. You’ll receive reminders and invitations to section events via email to section members only. You can also benefit from discounts especially for section members to CLEs, practice resources, and educational materials.  Put the Power of Association (http://ncbar.org/power)  to work for you with the new membership structure. Renew your Association membership and select Family Law as your section of choice.

I’m happy to speak to you if you have questions, comments, or ideas for the Section. Please feel free to contact me.

Afi S. Johnson-Parris
Chair, NCBA Family Law Section 2019-2020

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Duke Law Opens New Immigrant Rights Clinic

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By Jennifer Maher

The Duke University School of Law has announced a new clinic to be housed at the law school.  The Immigrant Rights Clinic will be Duke’s 11th clinical program and will offer students the opportunity to develop critical professional skills and knowledge while providing free legal services to immigrants who could not otherwise afford a lawyer.  Supervised by clinic faculty, student-attorneys will have the opportunity to primarily represent individuals seeking asylum or facing deportation.  The clinic aims to engage students in cutting-edge work from grassroots community empowerment efforts to litigation before the U.S. Supreme Court.  In doing so, the Immigrant Rights Clinic will partner closely with the local immigration bar and immigrant rights organizations.

Duke Law’s Immigrant Rights Clinic will be run by Kate Evans, who recently joined the Duke Law faculty as a clinical director and professor.  In addition to numerous accolades, Ms. Evans graduated magna cum laude from NYU Law, where she won the dean’s award for exceptional work in NYU’s Immigrant Rights Clinic.  Ms. Evans now brings her depth of experience and passion for immigration work to Duke.

Duke Law students will be able to enroll in the clinic for the spring 2020 semester.

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Timing may not be everything, but it’s definitely something with Title VII claims

By Zack Anstett

In a published opinion filed August 27, 2019, U.S. Circuit Court Judge A. Marvin Quattlebaum of the Fourth Circuit affirmed the District Court’s grant of summary judgment brought under Title VII. Judge Quattlebaum’s decision in Perkins v. International Paper Company is another feather in the defense attorney’s cap and illustrates the importance of timely filing at the EEOC and how the Fourth Circuit continues to cling to the adage that “Title VII is not a general civility code.” Specifically, Perkins alleged race discrimination and brought claims for disparate treatment, hostile work environment, constructive discharge, and retaliation.

 

Allegations
According to the lawsuit, Perkins, a black male, was hired in 1984 as a technician at the Eastover Paper Mill until he retired in 2014. An important interjection of procedural history is that Perkins did not file with the EEOC until January 8, 2015, which put a time bar on any allegation of deliberate discrimination that occurred more than 300 days before (March 14, 2014). The Fourth Circuit consolidated Perkins’ allegations into three categories: (1) mistreatment in various ways compared to white employees; (2) improper denials of requests for promotions; and (3) racially offensive conduct and statements at work.

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A Message from the Chair of the NCBA Government and Public Sector Section

By Mike Thelen

Dear Members of the North Carolina Bar Association’s Government and Public Sector Section (GPS):

Welcome to the Association’s 2019-2020 year!  My name is Mike.  I’m honored to serve as this year’s chair of the GPS Section alongside a formidable and distinguished set of officers and a Section Council, the members of which are LINKED HERE.  I look forward to working alongside our officers, Council members, and committee chairs to deliver to you the value each of you deserve as members of the GPS Section.

As we start the year, I invite you to mark your calendars with and to consider the following opportunities:

If you haven’t yet done so, please renew your Bar Association membership.  As you may know, the Bar Association revised its due structure for this year.  Two of the benefits of that revision are (1) you are entitled to one free Section membership (Can you hear me Irish whispering “GPS”?), and (2) you are entitled to monthly on-demand CLEs from the Expert Series.  Renew your membership now so that you can consume the September CLE before it expires.  You can email [email protected] or call (919) 677-0561 to discuss your renewal.

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What’s New With Your Workers’ Compensation Section?

By Eleasa Allen

Dear Members of the Workers’ Compensation Section:

It is my honor to serve as the chair of the Workers’ Compensation Section Council for the 2019-2020 bar year.  My goals for our Section include building upon and continuing to develop the social/networking opportunities for the members and identifying a pro bono project for the members to support. Our Section has an outstanding group acting on your behalf as officers, Council members, and committee chairs. A full listing of the Council members and committee chairs can be found on the NCBA’s Workers’ Compensation Section webpage.  Please feel free to reach out to any of the Council members, officers and/or me with any suggestions, questions, or concerns.

The Section Council held its first quarterly meeting on Friday, August 16th at the NC Bar Center in Cary. We have a lot of plans for the upcoming year, and I want to highlight some of those here.

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Unplug Social Media? How CJEU’s Fashion ID Ruling Could Affect Your Website

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By Sean W. Fernandes

Weeks after the FTC fined Facebook $5 billion and the company entered a $100 million settlement with the SEC, Facebook has once again made significant privacy law news—this time on the other side of the Atlantic.

On July 29, the Court of Justice of the European Union (CJEU) issued a significant opinion in the Fashion ID case regarding the use of social media plugins such as the Facebook “like” button.

Although the ruling interprets GDPR’s predecessor, the EU Data Protection Directive, it contains some important takeaways for websites subject to GDPR.

Background

The Fashion ID case arose when a German consumer advocacy organization asserted a claim against online fashion retailer Fashion ID regarding its use of a Facebook “like” button on its website. The claim alleged that the “like” button automatically transmitted personal data from Fashion ID website visitors to Facebook, regardless of whether the visitor had a Facebook profile or clicked on the “like” button, and that Fashion ID failed to obtain the visitors’ consent to, or to notify them about, Facebook’s processing.

In response, Fashion ID argued that it could not be held responsible for data transmitted through the use of the “like” button, as it had “no influence either over the data transmitted by the visitor’s browser from its website” or over whether and how Facebook used that data.

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Business Funding 101: Key Considerations When Funding a Business

By Doug Colvard

BUSINESS FUNDING 101: Key Considerations When Funding a Business

Pursing funding for a business is an exciting process, but can often be intimidating to even the most experienced founders. Although most businesses are initially funded by the personal assets of their founders, most businesses will require some form of outside funding in order to thrive. While there are pros and cons to outside funding, being adequately informed about the different types of financing is crucial, as it will ultimately help a business make the most informed choice on what is right for its specific enterprise.

Ultimately, while there are multiple mechanisms businesses utilize in order to achieve their funding goals, most of them can be condensed into two primary categories: Debt Financing and Equity Financing. Debt financing involves injecting capital into the business by obtaining loans, lines of credit or convertible debt, while equity financing involves selling some form of ownership of the business in exchange for capital. Each of these forms of funding are explained below in further detail.

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Welcome to the 2019-2020 IP Law Section!

By Sarah Nagae

I am excited to start my role as Chair and to be working with a great group of attorneys on the Board, Council, and those serving as Committee Chairs (list here).

Three important notes:

  • Our Annual Meeting will be held on Friday, April 3, 2020 in Wrightsville Beach. Please mark your calendar now and let us know if you have an idea for a topic, would like to be a speaker, or have a speaker recommendation. Our CLE committee co-chairs are Dan Becker ([email protected]), Erica Rogers ([email protected]) and Andy Prokepetz ([email protected]).
  • If you are interested in joining a committee, we would love to have you. View our list of committees and sign up here.
  • You will soon receive a short survey about the types of programming you would like to see this year. Everyone who responds will be entered into a drawing to win one of two $50 Amazon gift cards. We hope that this survey will enable us to understand your interests and preferences so we can plan our programs accordingly.

If you have any questions about the Section or would like to get involved but are not sure where to start, please contact me at [email protected] or (919) 360-1210.

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This Week’s Immigration Updates

By Jennifer Parser

Site Inspections
Immigration and Customs Enforcement (ICE) has started to make site inspections of employers hiring F-1 students on STEM Optional Practical Training. Usually with 48 hours’ notice, but not necessarily, employers must have a clear game plan in place which includes a designated and prepared company officer to meet with ICE, the employee’s I-983 training plan and other relevant documentation available for the ICE officer to inspect.

 

Changes in Passport Visa Stamps
US Customs and Border Protection has announced it will stop physically stamping passports of visa holders seeking admission to the US at certain ports of entry. The stamp in the passport shows authorized duration of stay. It is therefore incumbent on the visa or ESTA traveler to access his/her I-94 online. The I-94’s authorized duration of stay controls, not the visa expiration date in the traveler’s passport.

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The Year Ahead, from Your New Criminal Justice Section Chair

By George P. Doyle

When I think of those who came before me, I must say that it is a great honor for me to serve as this year’s Chair of the Criminal Justice Section of the NCBA. Other Officers serving you this year are Vice-Chair Sherri Lawrence, a special Deputy Attorney General in the AG’s Office; Secretary Jennifer Martin, chief assistant District Attorney in Forsyth County; and Treasurer Kathleen Gleason, an assistant Federal Public Defender in the Middle District.

Immediate Past Chair Patrick Weede and Rob Heroy, co-Chairs of the CLE Committee, are already working hard to prepare for our annual meeting/CLE, which will be held on January 24, 2020 at the Bar Center in Cary. The topics will cover areas that impact your practice. The evening before is the Smith/Gilchrist Awards Dinner. I strongly urge you to attend this event. I promise you will leave the evening reminded of our noble calling and re-energized for the work ahead.

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