I know it is difficult keeping track of all the moving dates and deadlines. For your convenience, here is a chart with all the current extensions. Below the chart is an update about Justice Beasley’s latest order pushing out state trial court proceedings into June.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CriminalJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCriminalJustice2020-04-03 16:10:172020-04-03 17:43:41What are all those dates again? And another extension from Justice Beasley
On April 2, 2020, Chief Justice Cheri Beasley issued an Order that, among other things, directed that all superior and district court proceedings be scheduled or rescheduled for a date no sooner than June 1, 2020. Shortly thereafter, the North Carolina Industrial Commission issued the following revised/updated policies regarding Deputy Commissioner hearings and mediations:
Deputy Commissioner Hearings (Non-Medical Motion Hearings)
All Deputy Commissioner hearings scheduled to be heard in April or May of 2020 will be continued to be reset on a future docket, with the exception of hearings on medical motions arising under G.S. §97-25(f) or unless the parties are notified otherwise.
Today’s NC Supreme Court opinions included several that may have a direct effect on the direction, interpretation and implementation of administrative law in NC.
The Communications Committee asks for your help in this regard. We are looking for authors for blog posts that highlight the impacts of the three cases listed below, each of which includes a dissent. If you are willing to write such an article (pros-cons articles are also welcome), please contact one of the members of the committee: Ann Wall, Chair, Nick Dowgul, Michael Byrne.
Cabarrus Cty. Bd. of Educ. v. Dep’t of State Treasurer, (369PA18 – Published) Author: Justice Sam Ervin IV. Whether the General Assembly intended to exempt by implication the Teachers’ and State Employees’ Retirement System’s Board of Trustees from rulemaking requirements pursuant to the Administrative Procedure Act, N.C.G.S. 150B, in adopting a Contribution-Based Benefit Cap pursuant to N.C.G.S. 135-5(a3).
Whether payments made pursuant to an agreement between the Attorney General’s Office and major hog producers constitute ‘penalties’ subject to article IX, section 7 of the North Carolina Constitution.
The COVID-19 Pandemic has changed the ability of the family law attorney to generate revenue. Stay at Home Orders and court closures have severely reduced the ability to help our clients navigate through their personal choices and North Carolina family law. In addition, our clients may be going through employment issues and have suffered a loss of income as well.
There are a number of federal legislative changes and executive orders from North Carolina Governor that may help. However, in this blog entry, I will discuss the Paycheck Protection Program.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00FamilyLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngFamilyLaw2020-04-03 14:37:042020-04-03 16:38:54Government Stimulus for the Family Lawyer - CARES ACT - Paycheck Protection Program (PPP)
On Thursday night, the Treasury Department released a direct final rule implementing the Paycheck Protection Program, which authorizes most financial institutions to make federally guaranteed loans that will help small businesses (500 employees or less) to retain employees and meet their payroll obligations during the COVID-19 epidemic. The Small Business Administration intends for these loans to be forgiven if borrowers use the proceeds as the rule allows.
Below is a summary of the eligibility requirements (which are minimal), the process for determining the amount a business may borrow and the permissible uses for these loans.
A few days ago, we provided the section an update on extensions and closures due to COVID-19. With another week comes yet another update, this by way of an Order from Chief Justice Beasley.
Pursuant to N.C.G.S. § 7A-39(b)(2), Chief Justice Beasley has issued seven emergency directives which we have summarized below. The Order itself is not long, and we highly encourage everyone to read it, to ensure your staff and firm are familiar with the changes it provides, and we also strongly encourage you to make your clients aware of how this affects not only proceedings that may be pending, but their accessibility to our state courts for the next 30 if not 60 days.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Litigationhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLitigation2020-04-03 13:18:392020-04-03 17:56:44New Order Closes State Courts Through May 1 (if not June 1) For Most Business
Members of the Sports & Entertainment Law (“SEL”) section found the following recent third party articles to be of potential interest to the section. Feel free to reach out to the SEL section communications chairs (Kelly Ryan and Amanda Whorton) if you would like to submit either personally written pieces or other third party articles found that would be of interest to the entire SEL section members.
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.pngSportsandEntertainment2020-04-03 13:09:182020-04-03 17:10:04Sports & Entertainment Law Section Articles of Interest (March 2020)
The Corporate Counsel section would like to share the following post from our Business Law Section colleagues.
By Ben Baldwin Chair of the NCBA Business Law Section
Dear Members of the Business Law Section:
Yesterday (Wednesday April 1, 2020) Governor Roy Cooper issued Executive Order 125 (“Authorizing and Encouraging Remote Shareholder Meetings During the COVID-19 State of Emergency”).
The Order, which is limited in effect to corporations holding shareholder meetings under the North Carolina Business Corporation Act (the “Act”), is intended to facilitate the holding of shareholder meetings against the backdrop of the Governor’s prior Executive Orders (and various municipal orders) limiting mass gatherings during the COVID-19 crisis.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CorporateCounselhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCorporateCounsel2020-04-03 12:05:562020-04-03 17:24:29Message from the Chair of the NCBA Business Law Section
Members of the Administrative Law Section found the following recent third party articles to be interesting. Remember—if it says subscription required, your legal research provider may provide access.
Helpful School of Government Blog COVID-19 Related Posts if you represent governments or their employees
The posts listed below may be useful if you represent government agencies, boards and commissions or their employees or if you want to be able to answer questions people raise:
This blog post expands on an earlier post by Frayd Bluestein regarding meetings and public hearings during the COVID-19 crisis. It specifically address the lawfulness of local government prohibitions on public in-person attendance at public meetings. The article’s preface says that the author aims “to supplement her comments on in-person attendance bans by looking at the relevant case law in light of events of the past few days.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-04-02 18:17:252020-04-03 11:10:37COVID-19 and Administrative Law – Articles of Interest
As everyone knows by now, we have been ordered to stay at home until April 31, 2020 (and let’s hope it ends there). So, what does that mean for your fitness and wellness?
We have an answer for you: the fitness world and your wellness aren’t going away. At SweatNET, we’re doing our part to make sure you can have the same (or close to the same) fitness experience that you grew to love at your favorite studio. How?
Well, we are helping the amazing instructors and studios in the greater Charlotte community to make sure their workouts are delivered to YOU. So, while everyone is stuck at home right now, we have made it easier for you to find all of the virtual class offerings hosted directly by your favorite studios, gyms, and instructors (not just our own streaming content). Live now on the website is a dashboard of all of the classes offered by the instructors in our amazing fitness community. From Barre to Crossfit to kids yoga, there’s something for everyone while at home. This is the perfect chance to try something new and stay connected until we can all meet in person again! Let’s continue to support our favorite instructors, studios, and workouts.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA YLDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA YLD2020-04-02 14:44:252020-04-02 14:57:09Free Virtual Workouts for NCBA Young Lawyers through SweatNET
What are all those dates again? And another extension from Justice Beasley
Criminal JusticeBy Jessi Thaller-Moran
I know it is difficult keeping track of all the moving dates and deadlines. For your convenience, here is a chart with all the current extensions. Below the chart is an update about Justice Beasley’s latest order pushing out state trial court proceedings into June.
Read more
NCIC COVID-19 Response Updates
Workers' Compensation SectionOn April 2, 2020, Chief Justice Cheri Beasley issued an Order that, among other things, directed that all superior and district court proceedings be scheduled or rescheduled for a date no sooner than June 1, 2020. Shortly thereafter, the North Carolina Industrial Commission issued the following revised/updated policies regarding Deputy Commissioner hearings and mediations:
Deputy Commissioner Hearings (Non-Medical Motion Hearings)
All Deputy Commissioner hearings scheduled to be heard in April or May of 2020 will be continued to be reset on a future docket, with the exception of hearings on medical motions arising under G.S. §97-25(f) or unless the parties are notified otherwise.
Read more
Important NC Supreme Court Cases Affecting Administrative Law Today
Administrative LawToday’s NC Supreme Court opinions included several that may have a direct effect on the direction, interpretation and implementation of administrative law in NC.
The Communications Committee asks for your help in this regard. We are looking for authors for blog posts that highlight the impacts of the three cases listed below, each of which includes a dissent. If you are willing to write such an article (pros-cons articles are also welcome), please contact one of the members of the committee: Ann Wall, Chair, Nick Dowgul, Michael Byrne.
Cabarrus Cty. Bd. of Educ. v. Dep’t of State Treasurer, (369PA18 – Published) Author: Justice Sam Ervin IV.
Whether the General Assembly intended to exempt by implication the Teachers’ and State Employees’ Retirement System’s Board of Trustees from rulemaking requirements pursuant to the Administrative Procedure Act, N.C.G.S. 150B, in adopting a Contribution-Based Benefit Cap pursuant to N.C.G.S. 135-5(a3).
New Hanover Cty. Bd. of Educ. v. Stein, (339A18 – Published) Author: Justice Sam Ervin IV.
Whether payments made pursuant to an agreement between the Attorney General’s Office and major hog producers constitute ‘penalties’ subject to article IX, section 7 of the North Carolina Constitution.
Read more
Government Stimulus for the Family Lawyer – CARES ACT – Paycheck Protection Program (PPP)
Family Law SectionThe COVID-19 Pandemic has changed the ability of the family law attorney to generate revenue. Stay at Home Orders and court closures have severely reduced the ability to help our clients navigate through their personal choices and North Carolina family law. In addition, our clients may be going through employment issues and have suffered a loss of income as well.
There are a number of federal legislative changes and executive orders from North Carolina Governor that may help. However, in this blog entry, I will discuss the Paycheck Protection Program.
Read more
Paycheck Protection Program – Employer’s Cheat Sheet
Environment Energy & Natural ResourcesOn Thursday night, the Treasury Department released a direct final rule implementing the Paycheck Protection Program, which authorizes most financial institutions to make federally guaranteed loans that will help small businesses (500 employees or less) to retain employees and meet their payroll obligations during the COVID-19 epidemic. The Small Business Administration intends for these loans to be forgiven if borrowers use the proceeds as the rule allows.
Below is a summary of the eligibility requirements (which are minimal), the process for determining the amount a business may borrow and the permissible uses for these loans.
Read more
New Order Closes State Courts Through May 1 (if not June 1) For Most Business
Litigation SectionBy Kevin Stanfield and PJ Puryear
A few days ago, we provided the section an update on extensions and closures due to COVID-19. With another week comes yet another update, this by way of an Order from Chief Justice Beasley.
Pursuant to N.C.G.S. § 7A-39(b)(2), Chief Justice Beasley has issued seven emergency directives which we have summarized below. The Order itself is not long, and we highly encourage everyone to read it, to ensure your staff and firm are familiar with the changes it provides, and we also strongly encourage you to make your clients aware of how this affects not only proceedings that may be pending, but their accessibility to our state courts for the next 30 if not 60 days.
Read more
Sports & Entertainment Law Section Articles of Interest (March 2020)
Sports & Entertainment Law SectionMembers of the Sports & Entertainment Law (“SEL”) section found the following recent third party articles to be of potential interest to the section. Feel free to reach out to the SEL section communications chairs (Kelly Ryan and Amanda Whorton) if you would like to submit either personally written pieces or other third party articles found that would be of interest to the entire SEL section members.
NFL Players Association Executive Committee Member Files ULP Against Own Union and Its Leaders
The Sports World Responds to COVID-19
NCAA Will Consider Eligibility Relief for Student-Athletes Affected by COVID-19 Participation Ban
Read more
Message from the Chair of the NCBA Business Law Section
Corporate CounselThe Corporate Counsel section would like to share the following post from our Business Law Section colleagues.
By Ben Baldwin
Chair of the NCBA Business Law Section
Dear Members of the Business Law Section:
Yesterday (Wednesday April 1, 2020) Governor Roy Cooper issued Executive Order 125 (“Authorizing and Encouraging Remote Shareholder Meetings During the COVID-19 State of Emergency”).
The Order, which is limited in effect to corporations holding shareholder meetings under the North Carolina Business Corporation Act (the “Act”), is intended to facilitate the holding of shareholder meetings against the backdrop of the Governor’s prior Executive Orders (and various municipal orders) limiting mass gatherings during the COVID-19 crisis.
Read more
COVID-19 and Administrative Law – Articles of Interest
Administrative LawMembers of the Administrative Law Section found the following recent third party articles to be interesting. Remember—if it says subscription required, your legal research provider may provide access.
This article suggests appellate deadlines extension may not apply to some administrative law appeals: Supreme Court Extends Appellate Deadlines and Encourages E-Filing, Troy Shelton, March 27, 2020.
Helpful School of Government Blog COVID-19 Related Posts if you represent governments or their employees
The posts listed below may be useful if you represent government agencies, boards and commissions or their employees or if you want to be able to answer questions people raise:
From Coates Canons
Can We Really Ban In-Person Attendance at Board Meetings During the Coronavirus Emergency?, Trey Allen, Wednesday, March 25, 2020.
This blog post expands on an earlier post by Frayd Bluestein regarding meetings and public hearings during the COVID-19 crisis. It specifically address the lawfulness of local government prohibitions on public in-person attendance at public meetings. The article’s preface says that the author aims “to supplement her comments on in-person attendance bans by looking at the relevant case law in light of events of the past few days.”
Read more
Free Virtual Workouts for NCBA Young Lawyers through SweatNET
Young Lawyers DivisionBy Erin Garber
As everyone knows by now, we have been ordered to stay at home until April 31, 2020 (and let’s hope it ends there). So, what does that mean for your fitness and wellness?
We have an answer for you: the fitness world and your wellness aren’t going away. At SweatNET, we’re doing our part to make sure you can have the same (or close to the same) fitness experience that you grew to love at your favorite studio. How?
Well, we are helping the amazing instructors and studios in the greater Charlotte community to make sure their workouts are delivered to YOU. So, while everyone is stuck at home right now, we have made it easier for you to find all of the virtual class offerings hosted directly by your favorite studios, gyms, and instructors (not just our own streaming content). Live now on the website is a dashboard of all of the classes offered by the instructors in our amazing fitness community. From Barre to Crossfit to kids yoga, there’s something for everyone while at home. This is the perfect chance to try something new and stay connected until we can all meet in person again! Let’s continue to support our favorite instructors, studios, and workouts.
Read more