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.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Constructionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngConstruction2020-02-18 09:44:312020-02-18 12:24:30Beware of the Risks! No Ownership, No Lien
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.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ElderLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngElderLaw2020-02-17 13:14:362020-02-18 10:39:47Update on Jimmo v. Sebelius and Opportunities to Participate in Section
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!
Around 1 in 4 children are food insecure in North Carolina, and over 1.5 million people, from children to seniors, are food insecure. The NCBA YLD’s Legal Feeding Frenzy is an opportunity for the legal community to come together to fight hunger in your local communities. Running for the month of March, Legal Feeding Frenzy is a month-long food and funds drive competition to see who can raise the most food per employee to benefit local Feeding the Carolina food banks. Law firms, solo practitioners, law schools, and corporate counsel are all encouraged to participate. By donating to the food banks, your dollars go further. Every dollar helps provide five meals. ($1 = 5 meals). Get your team together today! Registration is now live here.
Want to volunteer? Join us at our kickoff event on Feb. 28 from 1 to 3 p.m. at the local food bank in Raleigh (Food Bank of Central & Eastern North Carolina, 1924 Capital Blvd., Raleigh, NC, 27604) to help kick off the competition. One hundred (100) pounds of food will be awarded as a bonus to each team that has an attendee at the Kickoff Event on Feb. 28. Please contact Erin Ball at [email protected] to reserve space for you and your firm.
Interested in volunteering, but not in Raleigh? If your firm is interested in coordinating a volunteer event, we can help with that, too. Two hundred (200) pounds of food will be awarded as a bonus to each team that arranges an event for their firm at their local food bank during the month of March. Contact Erin Ball at [email protected] for assistance in planning and to receive credit for your participation.
This article has been republished with permission from King & Spalding.
Focus on Technology, Infrastructure, Data and Real Estate
On February 13, 2020, two Final Rules issued by the Committee on Foreign Investment in the United States’ (“CFIUS”) implementing most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) became effective. CFIUS, an interagency committee, reviews foreign investments in U.S. businesses and real estate and determines whether transactions should be unwound, blocked, or restricted due to national security concerns. FIRRMA is the first major expansion to CFIUS’ powers in a decade.
One Rule expands CFIUS’ jurisdiction to review certain non-controlling foreign investments in U.S. businesses involving critical technology, critical infrastructure, and sensitive personal data (“TID businesses”) (“U.S. Business Rule”). The other Rule expands CFIUS’ jurisdiction to review certain foreign investments in U.S. real estate (“Real Estate Rule”).
The Rules create narrow exceptions for certain Australian, Canadian, and UK investors. They indicate that CFIUS anticipates future rulemakings to create CFIUS filing fees and to increase CFIUS enforcement.
by subject area, summaries for the final edition of all substantive legislation of general applicability and certain local legislation having general import. The summaries are prepared by the nonpartisan legislative staff and do not constitute an official statement of legislative intent.
The summaries include session laws as well as ratified legislation. Chaptered session laws (i.e. SL 2019-51) have the force of law, but if the bill was only ratified, that means it passed both chambers of the General Assembly but did not receive approval of the Governor (and the Governor’s veto was not overridden).
Summaries can be viewed individually or together by subject area.
A link to the summaries specifically related to education may be found here.
“Don’t Forget the States.” By Kathryn Watts, Feb. 5, 2020, Administrative Law Jotwell. From the Article: “Largely missing from this scholarly discourse, however, has been a focus on the important role that the states can and have played in both furthering—and counteracting—presidential administration. In her forthcoming article titled Administrative States: Beyond Presidential Administration, Professor Jessica Bulman-Pozen seeks to remedy this scholarly void. Specifically, Professor Bulman-Pozen seeks to bring the states into the modern day account of presidential administration.”
“Planning Boards Inclusion Report.” By Allen Buansi, UNC Center for Civil Rights. From the Report: “There are 100 counties in North Carolina, and 92 of those counties have planning boards. The Center was able to interview with staff from 85 of the 92 counties. This report focused on the following three aspects of county planning boards: (1) powers and duties, (2) member selection procedures; and (3) racial, ethnic and gender representation.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00GovernmentandPublicSectorhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngGovernmentandPublicSector2020-02-14 10:03:272020-02-19 16:39:55Weekly Roundup: Interesting Reads for GPS Members
The court opinions have been sparse lately, and none of them are earth shattering. But here they are:
Davis v. NC Dep’t of Health & Hum. Servs., No. COA19-449 (N.C. App. Dec. 17, 2019) (unpublished) (Human Resources Act): DHHS terminated Davis for manually lifting a patient from his wheelchair to his bed in violation of specific medical orders. While Davis’s actions provide the just cause needed for discipline, DHHS previously suspended a similarly situated employee for the same conduct. Due to the different treatment of similarly situated employees, the court of appeals upheld the ALJ’s ruling to reinstate Davis and suspend her for two days.
Brown v. Fayetteville State Univ., No. COA19-13 (N.C. App. Jan. 7, 2020) (Human Resources Act): The court of appeals holds that the after-acquired-evidence doctrine first announced in McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 (1995), may be used in contested cases under the Human Resources Act. The McKennon rule does not eliminate liability; it only limits the remedy of an employee who was wrongfully discharged.
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 Feb. 11, 2020
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2020-02-12 11:31:072020-02-19 16:37:38MacCord’s List: IP News & Notices From Art MacCord
On Saturday, March 21, 2020, the Minorities in the Profession Committee (“MIP”) of the North Carolina Bar Association will host the 6th Annual Minority Pre-Law Conference: “Putting the Pieces Together: Is Law School the Right Fit?” This year’s conference will take place from 8:30 a.m. until 3 p.m. at Duke University School of Law in Durham, North Carolina and will feature a keynote address from Duke Law alumnus and Durham County District Attorney, the Honorable Satana Deberry. The program is open to all minority middle school, high school, and college students, who are interested in attending law school. And, most importantly, it’s FREE!
What is the MIP Minority Pre-Law Conference?
The MIP Minority Pre-Law Conference is a program designed to empower minority students with the knowledge and tools necessary to successfully navigate the journey of becoming a lawyer. Despite the increasing focus on diversity and inclusion in the legal profession, law remains the least diverse profession in the nation. Students from underrepresented backgrounds may not have lawyers in their families or communities, which makes it difficult to see oneself as a lawyer. The lack of insight about the application process, LSAT, and financial aid also may deter some students. The Minority Pre-Law Conference provides students with valuable information, resources, and contacts to help them better understand their options and overcome these obstacles.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA MIPhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA MIP2020-02-12 11:11:582022-10-24 13:02:45Join Us for The Sixth Annual MIP Minority Pre-Law Conference
Beware of the Risks! No Ownership, No Lien
Construction Law SectionRepublished 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
Update on Jimmo v. Sebelius and Opportunities to Participate in Section
Elder & Special Needs LawThis 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.
Read more
February 2020 YLD E-Blast
Young Lawyers DivisionFebruary 20, 2020 | “From Attorney to Elected Official” Panel | Charlotte | 6:00 p.m.
February 26, 2020 | North Carolina Bar Exam | Raleigh | 4:30 – 5:30 p.m.
February 28, 2020 | Legal Feeding Frenzy Kick-Off | Raleigh | 1:00 p.m. – 3:00 p.m.
March 26, 2020 | Insurance Law Section and Constitutional Law Section Networking Event | Raleigh | 5:00 p.m.
March 28, 2020 | YLD Spring Quarterly Meeting | Cary | 9:00 a.m.
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!
Read more
Get Ready To Frenzy!
Young Lawyers DivisionAround 1 in 4 children are food insecure in North Carolina, and over 1.5 million people, from children to seniors, are food insecure. The NCBA YLD’s Legal Feeding Frenzy is an opportunity for the legal community to come together to fight hunger in your local communities. Running for the month of March, Legal Feeding Frenzy is a month-long food and funds drive competition to see who can raise the most food per employee to benefit local Feeding the Carolina food banks. Law firms, solo practitioners, law schools, and corporate counsel are all encouraged to participate. By donating to the food banks, your dollars go further. Every dollar helps provide five meals. ($1 = 5 meals). Get your team together today! Registration is now live here.
Want to volunteer? Join us at our kickoff event on Feb. 28 from 1 to 3 p.m. at the local food bank in Raleigh (Food Bank of Central & Eastern North Carolina, 1924 Capital Blvd., Raleigh, NC, 27604) to help kick off the competition. One hundred (100) pounds of food will be awarded as a bonus to each team that has an attendee at the Kickoff Event on Feb. 28. Please contact Erin Ball at [email protected] to reserve space for you and your firm.
Interested in volunteering, but not in Raleigh? If your firm is interested in coordinating a volunteer event, we can help with that, too. Two hundred (200) pounds of food will be awarded as a bonus to each team that arranges an event for their firm at their local food bank during the month of March. Contact Erin Ball at [email protected] for assistance in planning and to receive credit for your participation.
After March 1, visit NC Legal Feeding Frenzy to donate and keep an eye on your competition.
CFIUS Finalizes Rules Reforming Foreign Investment Reviews
International Law & Practice, International PracticeThis article has been republished with permission from King & Spalding.
Focus on Technology, Infrastructure, Data and Real Estate
On February 13, 2020, two Final Rules issued by the Committee on Foreign Investment in the United States’ (“CFIUS”) implementing most of the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) became effective. CFIUS, an interagency committee, reviews foreign investments in U.S. businesses and real estate and determines whether transactions should be unwound, blocked, or restricted due to national security concerns. FIRRMA is the first major expansion to CFIUS’ powers in a decade.
One Rule expands CFIUS’ jurisdiction to review certain non-controlling foreign investments in U.S. businesses involving critical technology, critical infrastructure, and sensitive personal data (“TID businesses”) (“U.S. Business Rule”). The other Rule expands CFIUS’ jurisdiction to review certain foreign investments in U.S. real estate (“Real Estate Rule”).
The Rules create narrow exceptions for certain Australian, Canadian, and UK investors. They indicate that CFIUS anticipates future rulemakings to create CFIUS filing fees and to increase CFIUS enforcement.
Read more
2019 Legislative Summary – A Resource for Education Attorneys
Education Law SectionBy Brian Gwyn
The Legislative Analysis Division of the General Assembly has now published its annual Summaries of Substantive Ratified Legislation for 2019. This publication includes:
by subject area, summaries for the final edition of all substantive legislation of general applicability and certain local legislation having general import. The summaries are prepared by the nonpartisan legislative staff and do not constitute an official statement of legislative intent.
The summaries include session laws as well as ratified legislation. Chaptered session laws (i.e. SL 2019-51) have the force of law, but if the bill was only ratified, that means it passed both chambers of the General Assembly but did not receive approval of the Governor (and the Governor’s veto was not overridden).
Summaries can be viewed individually or together by subject area.
A link to the summaries specifically related to education may be found here.
Weekly Roundup: Interesting Reads for GPS Members
Government & Public Sector“Don’t Forget the States.” By Kathryn Watts, Feb. 5, 2020, Administrative Law Jotwell. From the Article: “Largely missing from this scholarly discourse, however, has been a focus on the important role that the states can and have played in both furthering—and counteracting—presidential administration. In her forthcoming article titled Administrative States: Beyond Presidential Administration, Professor Jessica Bulman-Pozen seeks to remedy this scholarly void. Specifically, Professor Bulman-Pozen seeks to bring the states into the modern day account of presidential administration.”
“Planning Boards Inclusion Report.” By Allen Buansi, UNC Center for Civil Rights. From the Report: “There are 100 counties in North Carolina, and 92 of those counties have planning boards. The Center was able to interview with staff from 85 of the 92 counties. This report focused on the following three aspects of county planning boards: (1) powers and duties, (2) member selection procedures; and (3) racial, ethnic and gender representation.”
Read more
Appellate Update
Labor & Employment LawThe court opinions have been sparse lately, and none of them are earth shattering. But here they are:
Davis v. NC Dep’t of Health & Hum. Servs., No. COA19-449 (N.C. App. Dec. 17, 2019) (unpublished) (Human Resources Act): DHHS terminated Davis for manually lifting a patient from his wheelchair to his bed in violation of specific medical orders. While Davis’s actions provide the just cause needed for discipline, DHHS previously suspended a similarly situated employee for the same conduct. Due to the different treatment of similarly situated employees, the court of appeals upheld the ALJ’s ruling to reinstate Davis and suspend her for two days.
Brown v. Fayetteville State Univ., No. COA19-13 (N.C. App. Jan. 7, 2020) (Human Resources Act): The court of appeals holds that the after-acquired-evidence doctrine first announced in McKennon v. Nashville Banner Publishing Co., 513 U.S. 352 (1995), may be used in contested cases under the Human Resources Act. The McKennon rule does not eliminate liability; it only limits the remedy of an employee who was wrongfully discharged.
Read more
MacCord’s List: IP News & Notices From Art MacCord
Intellectual Property Law SectionNCBA IPL Section Blog News Blasts for Feb. 11, 2020
U.S. Patent and Trademark Office releases policy statement on standards-essential patents subject to voluntary F/RAND commitments.
The U.S. Copyright Office will host its seventh public modernization webinar on Wednesday, Feb. 26, 2020, at 12 p.m. eastern time.
Join Us for The Sixth Annual MIP Minority Pre-Law Conference
Minorities In the ProfessionOn Saturday, March 21, 2020, the Minorities in the Profession Committee (“MIP”) of the North Carolina Bar Association will host the 6th Annual Minority Pre-Law Conference: “Putting the Pieces Together: Is Law School the Right Fit?” This year’s conference will take place from 8:30 a.m. until 3 p.m. at Duke University School of Law in Durham, North Carolina and will feature a keynote address from Duke Law alumnus and Durham County District Attorney, the Honorable Satana Deberry. The program is open to all minority middle school, high school, and college students, who are interested in attending law school. And, most importantly, it’s FREE!
What is the MIP Minority Pre-Law Conference?
The MIP Minority Pre-Law Conference is a program designed to empower minority students with the knowledge and tools necessary to successfully navigate the journey of becoming a lawyer. Despite the increasing focus on diversity and inclusion in the legal profession, law remains the least diverse profession in the nation. Students from underrepresented backgrounds may not have lawyers in their families or communities, which makes it difficult to see oneself as a lawyer. The lack of insight about the application process, LSAT, and financial aid also may deter some students. The Minority Pre-Law Conference provides students with valuable information, resources, and contacts to help them better understand their options and overcome these obstacles.
Read more