February, 2020 - NCBarBlog

4ALL Statewide Service Day

4ALL Statewide Service Day — Have Fun with Your Peers and Experience the Rewards of Serving Together

Hi Family Law Section Members!

We’ve circled back around to the time of year where we all get to participate in the 4ALL Statewide Service Day. This year, the 4ALL Statewide Service Day will be held on March 6, 2020 from 7 a.m.-7 p.m. in the following cities: Asheville, Charlotte, Fayetteville, Greensboro, Greenville, Raleigh, and Wilmington. For those who have participated in the past, you know that this is an enjoyable and rewarding way to use our legal skills to help the general population with some of their most pressing legal questions, many of which are family-law related. For those who have not yet participated, I encourage you to try it this year! You’ll be glad you did!

February 22, 2020/by FamilyLaw

From the Council – Section Committee Opportunities

Dispute Resolution Section

By Sarah Kromer

Looking to become more involved in the NCBA Dispute Resolution Section? The following section committees are seeking contributors:

Communications/Website/Social Media Committee: Do you have special skills with social media, a communications degree you never got to use, or a secret interest in blogging? If so, the Communications Committee could use your help sharing ADR stories, cases, tips, and methods via short blog posts. One or two anecdotal paragraphs (and a picture) go a long way. Please contact Ketan Soni ([email protected]) with your ideas and interest in getting involved.

CLE Committee: Each year our section hosts a six-hour CLE conference and annual meeting. (We hope you will join us for our annual conference this year at Pinehurst on March 12, 2020!) Come April, we will be ready to begin the process of organizing CLE topics and speakers for our next annual meeting, and the CLE Committee could use your help. If you enjoy event planning or have ideas for themes, topics, and speakers, please contact Deb Dilman ([email protected]) to join the CLE Committee planning our 2021 event.

February 22, 2020/by DisputeResolution

Weekly Roundup: Interesting Reads for GPS Members

Government & Public Sector

“Everything you wanted to know about nonprofits and elections…but were afraid to ask.” By David Heinen, North Carolina Center for Nonprofits. From the Article: “As yard signs are beginning to show up in lawns across North Carolina in preparation for the March 3 primary election, the North Carolina Center for Nonprofits has been fielding many questions about the types of election-related activities nonprofits can and can’t do. To save you the trouble of a phone call or email, we’re sharing some thoughts (and even a few answers!) on some of the most common questions we’re hearing.”

“Argument preview: Justices to consider whether the Appalachian Trail blocks proposed natural gas pipeline.” By Noah Sachs, February 18, 2020, SCOTUSblog. From the Article: “On Monday, February 24, the Supreme Court will hear argument in U.S. Forest Service v. Cowpasture River Preservation Association and Atlantic Coast Pipeline LLC v. Cowpasture River Preservation Association. These consolidated cases pit a pipeline developer and the U.S. Forest Service against environmental groups that want to halt the pipeline’s construction and protect the Appalachian Trail.”

February 21, 2020/by GovernmentandPublicSector

MacCord’s List: IP News & Notices From Art MacCord

Intellectual Property Law Section

Art MacCord is a patent attorney with 40 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. Find his latest updates here:

NCBA IPL section Blog News Blasts for March 3, 2020

Copyright Office Fee Schedule

https://www.copyright.gov/rulemaking/feestudy2018/

Proposed Fee Schedule

https://www.copyright.gov/rulemaking/feestudy2018/proposed-fee-schedule.pdf

Copyright Registration Modernization

https://www.copyright.gov/rulemaking/reg-modernization/?loclr=eanco

February 19, 2020/by IntellectualProperty

Preparing for an In-House Position? Try Brown Bagging It!

Intellectual Property Law Section

By Andre Gibbs

From time to time, I am asked by law firm colleagues how to prepare for the transition from outside counsel to in-house counsel. In many instances, these colleagues must transition from being an Intellectual Property (IP) specialist in a few areas of IP law to an IP generalist. For example, I notice that many of these colleagues have extensive experience working as a patent attorney performing specialized “prep and pros” work for submission to the USPTO, working closely with foreign counsel regarding related non-US “prep and pros” work, occasionally assisting with patent assertion and litigation matters, and even perhaps assisting with due diligence relating to a client M&A deal. At its core, this type of work relates to their specific, specialized expertise in patent law. In many cases, it is this same expertise that in-house counsel will most likely seek in a new hire (e.g., to assist with the management of a patent portfolio).

However, in many additional cases, an in-house IP attorney must also be a general IP attorney that wears many hats. They should be ready to advise on issues related to the licensing/monetization of IP, use of open source code, participation in Standards Setting Organizations, product naming, product packaging claims, copyright assertions, DMCA take down requests, Privacy issues (e.g., GDPR), IP indemnification and ownership clauses in commercial agreements, etc. These tasks are in addition to not only managing the patent portfolio, but also providing IP education sessions and performing invention harvest sessions with the organizations’ engineers or scientists. Rarely have I seen many outside IP attorneys that have had the opportunity to obtain such a broad array of IP legal experience before transitioning to in-house IP legal position.

February 19, 2020/by IntellectualProperty

Nominations for 2020 Distinguished Paralegal Award are Now Open!

Paralegal Division

By Tina Dadio

The Paralegal Division of North Carolina Bar Association is currently seeking nominations for its 2020 Distinguished Paralegal Award. Please take this time to think about that colleague or professional contact who stands out in your mind as an exceptional paralegal both in the legal community and community in which the nominee lives. The nominee will be selected to receive the 2020 Distinguished Paralegal Award at the annual NCBA Paralegal Division meeting to be held on April 24, at the Holiday Inn Resort in Wrightsville Beach, NC. In addition, the Distinguished Paralegal will be acknowledged at the NCBA Annual Meeting Awards Ceremony taking place in Charlotte on June 25, 2020. This award recognizes the NCBA Paralegal Division member who exemplifies the best of our profession for their outstanding contributions both professionally and personally within the recipient’s community.

Please take a few moments to nominate a Paralegal Division member (or feel free to nominate yourself) and summarize the qualities and activities you believe qualify your nominee to receive this award.

Please click here to access the nomination application. Deadline for submissions of all nominations is Friday, April 10, 2020.

February 19, 2020/by Paralegals

Russian Competition Regulators, Mount Up: Russian Authorities Crack Down on Anti-Competitive Agreements With Uptick in Criminal Liability for Antitrust Violations

International Law & Practice, International Practice

This article has been republished with permission from K&L Gates.

Just one month into the new year, Russian courts have already handed down three new criminal judgments for violations of anti-competition laws, a stark contrast to previous years that often passed without a single conviction for cartel agreements. Over two decades after Russia introduced criminal liability for cartels, this increased activity could signal that the Federal Antimonopoly Service of the Russian Federation (“FAS”) is finally beginning to focus on criminal sanctions for cartels—prosecutions that it has long shied away from. Russia’s expanded focus into the enforcement of criminal antitrust laws may be felt most heavily by the construction, pharmaceutical, and medical device industries, where procurement procedures and auctions are particularly vulnerable to cartel manipulation.[1] These actions could foreshadow an increased era of Russian enforcement or a backlash against foreign companies doing business in Russia.

February 18, 2020/by International Practice

Beware of the Risks! No Ownership, No Lien

Construction Law Section

Republished with permission from Smith Anderson.

A recent North Carolina Court of Appeals decision reiterates the importance of knowing who you are dealing with when undertaking work or selling materials in connection with any construction or development project in our state. In a recent decision the Court of Appeals found that the design firm that performed design services for a prospective property purchaser could not properly assert a lien on the property, given the design services were never actually used to improve the property. While this case involved a design firm, the lesson of this case extends to any party providing labor or materials on any type of construction or development project in the state. Read more here.

Written by:

Andrew Atkins
Peter Marino
Patrick Wilson

February 18, 2020/by Construction

Update on Jimmo v. Sebelius and Opportunities to Participate in Section

Elder & Special Needs Law

By John R. Potter

This blog updating the status of the Jimmo v. Sebelius was drafted in December for publication in January but was preempted by the SECURE Act. The goal of these Elder Law blog posts is to raise awareness about significant issues elder law attorneys might want to consider or investigate further. We welcome suggestions for blog post topics; we also welcome blog post writers. As you will see from this blog and the SECURE Act blog, we are not looking for the great American novel, and we do not ask that posts rise to the level of law review-level research or commentary. If you have a suggested topic or would like to submit a blog post, please reach out to me at [email protected].

Just a reminder that the Elder Law Symposium is in Charlotte at the end of this week. If you have an interest in participating in the Elder Law Section, whether the contribution is big or small, we would love to hear from you. Our Pro Bono Committee and CLE Committee in particular could use more hands, but Communications, Ethics, Legislative, and Membership would also welcome help. To find out more, please talk to a member of the Section Council or a Committee Chair at the Symposium or reach out to one of us afterward.

February 17, 2020/by ElderLaw

February 2020 YLD E-Blast

Young Lawyers Division

By Rachel Matesic

COMMITTEE AND SECTION UPDATES

Bar Exam Committee: VOLUNTEERS NEEDED! The February North Carolina Bar Exam for 2020 is quickly approaching and the NCBA YLD Bar Exam greets examinees on the second day as they finish the exam. The Committee provides snacks, a drink, and well wishes to those who finish the exam. You may remember when the Committee congratulated you on finishing!

February 17, 2020/by NCBA YLD