Pro Bono Spotlight: Kate McCullough

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Pro Bono Project: NC LEAP

By Caroline Trautman
For attorneys working in business law who want to give back, it’s hard to think of a better opportunity than the NC Lawyers for Entrepreneurs Assistance Program (“NC LEAP”).

And when it comes to attorneys who have taken that opportunity, Kate McCullough immediately comes to mind.

Kate has been an active NC LEAP volunteer since she graduated from Elon University School of Law in 2017. NC LEAP, which is the only statewide program of its kind, provides legal services to low-wealth entrepreneurs.

Through her work with NC LEAP, Kate has assisted business owners with a wide range of topics including contracts, trademark registration, company handbooks, operating agreements, and formation. She sat on a panel during the 7th Annual Business Summit – Business Q&A at Vance-Granville Community College.

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October YLD E-Blast

Submitted by Rachel Matesic

DATES TO KNOW

October 18, 2019 | Legal LINK Leadership Session | Durham | 12:00 pm

October 22-23, 2019 | Professionalism for New Attorneys CLE | Cary

October 28, 2019 | Lunch with Law Students | Elon University School of Law | 11:45-1:00 pm

October 31, 2019 | Lunch with Law Students | Wake Forest University School of Law | 11:45-1:00 pm

November 14, 2019 | YLD Diversity & Inclusion Know Your Rights Program I | Durham | 5:00 pm

November 15, 2019 | Legal LINK Information Session | Durham | 12:00 pm

November 16, 2019 | YLD Winter Quarterly Meeting | Wilmington

November 16, 2019 | YLD Social |  Wilmington

COMMITTEE AND SECTION UPDATES

Civic Engagement Committee | The NCBA YLD Civic Engagement Committee is developing a series of panels focused on educating young lawyers on how to become involved in their communities, achieve elected office, or secure a judgeship. The first panel is slated to be held in Raleigh on December 12, 2019, and will focus on the judiciary. This event will feature several trial and appellate judges who will provide commentary on their paths to the bench and give advice to young lawyers hoping to develop careers that lead them to becoming a judge. Subsequent panels – to be held in Charlotte and Asheville – will focus on developing tools to run for office and managing the media. Further details, including location, time, and panel members will be forthcoming.  If you’re interested in learning more or helping out, contact Kevin Sweat or Bryan Norris for additional information.

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Sports & Entertainment Law Section: September Articles of Interest

By Various Authors

UPDATE: California Senate Bill 206 Moves Closer To Becoming Law

Emojis Have Unsettled Grammar Rules (and Why Lawyers Should Care)

Even Kirk Herbstreit Thinks THE Ohio State Is Being THE Silliest With Its ‘THE’ Trademark Application

Football, gambling and advertising: The opposite of a young man’s game

USPTO Gets One Right: Refuses To Allow Farmers Market To Trademark City’s Nickname

THE Obvious Conclusion To Ohio State’s Stupid Trademark Application

California Assembly Passes SB 206 –Next Stop, Governor Newsom’s Desk

The California Legislature Has Spoken-Will Governor Newsom Make Senate Bill 206 Law?

California Senate Bill 206-The Immediate National Impact

Kanye West Dumps Quinn Emanuel in Music Rights Row with EMI

LeBron James Tries To Trademark ‘Taco Tuesday,’ Proving He Understands Trademarks Better Than Ohio State

Michael Jordan selling large chunk of Hornets; won’t give up majority control

Whose data is it anyway? Part 1 – Hull City fan caught up in the tangled-web of football data

New York Senate Bill To Require Student Athletes To Share In University Ticket Revenue

James Woods Avoids Defamation Liability for a Tweet

University of Wisconsin-Madison Expands Student-Athlete Discipline Policy

Are Paparazzi Images Fair Game for Social Media?

California governor Gavin Newsom signs Fair Pay to Play Act alongside LeBron on ‘The Shop’

Cal Football: Pac-12 Comes Out Against New California Law

Rams Want Supreme Court to Weigh In on NFL Relocation

Did You Know? Microsoft Stops Supporting Windows 7 in 2020 

By Keenan Harward

On January 14, 2020, Microsoft will no longer support Windows 7.  Microsoft only supports each version of Windows for so long. Windows 7 is currently in “extended support” until January 14, 2020. What does this mean for you?

When Microsoft stops supporting a version of Windows, Microsoft stops issuing security updates for that operating system. For example, even if substantial security holes are found, Windows Vista and Windows XP no longer receive security updates. The same will be the case for Windows 7 on January 14, 2020. Why be concerned?  If a huge security hole is found that affects Windows 7, Microsoft won’t issue a security update to repair it. You’re on your own.

What about Anti-virus tools and security software?  These tools are great when working hand in hand with Microsoft’s security updates, but these tools are never perfect on their own. Running software with the latest security updates is important, too. Antivirus software and even security programs will gradually drop support for Windows 7.

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New to In-House or Have a New In-House Gig? Here are Five Things to do to Better Understand your Client

By Kathy Twiddy

So, you’ve recently made the leap to in-house life, or perhaps you’ve been in previous in-house roles but have accepted a position at a new company. How do you get off on the right foot in your new job?

Having been in that position a few times myself, here are five things to do that will help you understand your new employer and be a better lawyer for your new client.

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Get Involved: National Pro Bono Week

By Samantha E. Unmann

According to Black’s Law Dictionary, Pro Bono is a Latin term meaning for the public good. That’s exactly why attorneys participate in legal service opportunities and why YOU should be participating in them too. The National Celebration of Pro Bono Week is October 20-25 and that means it is a month of celebrating pro bono! To kick off pro bono month, I would like to share with you how attorneys in your community are working together to provide legal services to those in need. #celebrateprobono

On August 26, 2019, I attended the Inaugural Pro Bono Leadership Orientation. The orientation program was held to prepare NCBA pro bono leaders for the new bar year. The orientation kicked off with LeAnn Nease Brown, NCBA/Foundation President, welcoming all the pro bono leaders to the program. The event gathered forty NCBA members, including Section, Division and Committee Chairs and Pro Bono Chairs. The orientation touched on the importance of pro bono work, why we do pro bono work as attorneys under Rule 6.1, and all the legal service opportunities that are available to attorneys through the NCBF, NCBA, legal service organizations and the NC Pro Bono Resource Center statewide. This event was a very helpful outlet for everyone in the room to discuss the pro bono and community service programs and resources that the NCBA and NCBF offer to make access to pro bono opportunities easier.

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S.L. 2019-201 (S 230) NC Military and Veteran Act of 2019

By Nicholas “Nick” Dowgul

S.L. 2019-201 (S 230) NC Military and Veteran Act of 2019

North Carolina is home to the highest number of active and inactive military members in the entire Union. The legislature has taken steps to make sure that members of the military and veterans are not negatively influenced by their service to our country. The changes under the NC Military and Veteran Act may also help service members decide to stay in NC or help position NC to keep its bases when the next BRAC base closure commission acts. In August of 2019, the General Assembly enacted changes to numerous military and veteran related statutes. S.L. 2019-201 (S 230) is called the “NC Military and Veteran Act of 2019”. The statutory changes concern the State Board of Education, occupational licensing, social service investigations, as well as in-state tuition residency requirements.

Children of military members and providing for excused absences from school

Prior to the below additions to North Carolina General Statute 115C-379(b)(2), the State Board of Education was only authorized by the state legislature to adopt rules that excused absences of a temporary nature for a student with a physical or mental inability to attend school as well as circumstances whereby a student may be excused for nonattendance to do farm work or work at home. In an effort to ensure that children of military members do not receive unexcused absences because of a military member’s change in deployment status, part 1 of the Military and Veteran Act of 2019 directs the State Board of Education to enact rules providing for specified excused absences from school for children of members of the armed forces of the United States.

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Volunteers Needed for Law School Panels

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By Laura Burton

We are seeking volunteers for the following law school panels:

UNC School of Law: Tuesday, November 5, 2019 at 12:00 – 12:50 pm (2-3 panelists needed).

Elon University School of Law: Monday, January 27, 2020 at 12:00 pm (3 panelists needed).

Duke University School of Law: Wednesday, February 5, 2020 at 12:30 pm (3 panelists needed).

Additional Information:
Many law students would like to have an international career but don’t know where to start, what the opportunities are, how to prepare or what to expect. Each year our Section’s Law School Liaison Committee organizes panels of international attorneys at each of the North Carolina law schools.  The panels are composed of 3-4 attorneys who are willing to speak to students about their careers and opportunities in the international legal arena. Typically, the panelists talk for a few minutes about their backgrounds, their international practice, how they got involved in international law and opportunities they see.  It is then opened to Q&A.

Please consider volunteering! It is a rewarding experience providing information on your career, international legal career opportunities and general suggestions and advice.

If you are interested in serving on a panel, please contact me at [email protected].  I look forward to hearing from you!

Three Legislative Changes Approved by NCBA BOG

Dave Holm

Brent Tanner

By Dave Holm and Brent Tanner

Your NCBA Family Law Section made four legislative proposals that were approved by the NCBA Board of Governors and made part of our association’s 2019 legislative session agenda.  We are pleased to inform you that all four proposals passed the legislature and have been signed by Governor Cooper. Three of our proposals can be found in House Bill 469. (The fourth proposal does not take effect until December 1, 2019, and will be the subject of another blog post.) Thank you to Representative Sarah Stevens for being the primary sponsor in the House and to Senator Danny Britt for helping to shepherd the bill though the Senate.

House Bill 469 became effective  October 1, 2019, and contains the following provisions. Please click on this link to see the bill: https://www.ncleg.gov/Sessions/2019/Bills/House/PDF/H469v7.pdf

Part  1 – Revision to NCGS 50-20.1 “Pensions, retirement and deferred compensation benefits

(Thanks to Whit Clanton for chairing the drafting committee and to all for served on this committee.)

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Appellate Case Roundup

By Joe Murray

It’s our semi-regular roundup of appellate decisions:

Dawson-Murdock v. National Counseling Group, Inc., No. 18-1989 (4th Cir. July 24, 2019) (ERISA): National Counseling Group (NCG) made a nifty argument to get this case dismissed at the district court level: Despite the summary plan document stating NCG was the plan administrator and a named fiduciary of the group life insurance plan, NCG argued it was not a fiduciary for the purposes of plaintiff’s ERISA claims. The 4th Circuit found this argument unpersuasive and, while not quite a bench slap,[i] used terms like “logic” and “common-sensical understanding” to find that a plaintiff is “not required to allege that the plan administrator and named fiduciary also satisfies the functional fiduciary test in order to state a plausible fiduciary breach.” Once the 4th Circuit found that NCG was a plan administrator and fiduciary, it had no problem finding that plaintiff’s two claims against NCG could proceed.

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