Do you know an amazing multitasking paralegal ninja who is civic-minded, shines through adversity, and always lifts others up? Each year, the Paralegal Division of the North Carolina Bar Association recognizes an outstanding paralegal member who demonstrates exemplary leadership, professionalism, and commitment to the paralegal profession and to the public. It’s that time! Submit your nominations for our 2021 Distinguished Paralegal Award. It only takes a moment to make someone’s year by nominating a Paralegal Division member (you may nominate yourself) and letting them know how much you appreciate their contributions.
Basis of Award
The 2021 Distinguished Paralegal Award will be given to a Paralegal Division regular member who has actively participated in paralegal activities such as civic/community volunteering, paralegal leadership, paralegal education, and promotion of the paralegal profession during the 2021 nomination period (May 2020 through April 2021).
The award winner will be determined by a Paralegal Division Award Committee following a review of all completed nomination forms submitted by the deadline set below. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Paralegalshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngParalegals2021-03-10 10:46:422021-03-10 10:46:42Nominate an Outstanding Paralegal for the Distinguished Paralegal Award!
The Corporate Transparency Act (CTA) was enacted into law on January 1, 2021, as part of the 2021 National Defense Authorization Act. The stated objectives of the CTA include the collection of certain beneficial ownership interest information from corporations, limited liability companies and similar entities “to (A) set a clear, Federal standard for incorporation practices; (B) protect vital United States national security interests; (C) protect interstate and foreign commerce; (D) better enable critical national security, intelligence and law enforcement efforts to counter money laundering, the financing of terrorism and other illicit activity; and (E) bring the United States into compliance with international anti-money laundering and countering the financing of terrorism standards.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Businesshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBusiness2021-03-10 09:42:462021-03-10 09:42:46The Corporate Transparency Act and the Implementation of New Beneficial Ownership Reporting Requirements
The North Carolina Supreme Court recently issued a decision in Crescent University City Venture, LLC v. Trussway Manufacturing, Inc.[1] The case decided the question of whether a commercial developer-owner can bring a negligence claim directly against a supplier of defective building material where no direct contract existed between the owner and supplier. The Supreme Court held that the owner could not maintain such a claim and reaffirmed that the “economic loss rule” applied. The economic loss rule provides that, when a duty to perform arises from a contract, no negligence claims can be brought for failing to perform that duty. Instead, only contract claims can be brought.
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.pngConstruction2021-03-05 14:06:342021-03-05 14:06:34Construction Claims – No Contract, No Claims?
When I think of a classic definition of “diverse,” I think of someone who differs from those around her. As a Native attorney, that definition has applied to my experience. I have never practiced with another Native attorney. I have only ever encountered one Native attorney while representing my client — a personal injury attorney who was representing an adverse party. There are no Native attorneys in any of the industry-specific trade organizations to which I belong. So, I do consider myself a diverse attorney and I have placed an emphasis on building bridges with those who are different from me.
The NCBA Dispute Resolution Section will host a 6-hour CLE on March 11 and 12. The title of the program is “Who Are You? Pleased to Meet Me – What You Know About Yourself and Others, Consciously or Unconsciously,” and will include discussions of the psychology of dispute resolution, unconscious bias, and technology in mediation and arbitration. The 6 hours of credit include 1 credit each for ethics/professional responsibility, substance abuse/mental health, technology training, and continuing mediator education. The Section Council extends its thanks to the planners of this event: Deborah L. Dilman, Steve Dunn, John W. Ong, and Danae C. Woodward.
Also, the Dispute Resolution Section Council recognizes that the current economic situation may be placing financial strain on its members. Therefore, the Council has approved four scholarships to cover the costs of this CLE program. The deadline to complete the application, which can be found at this link, is March 8, 2021.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00DisputeResolutionhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngDisputeResolution2021-03-04 10:31:362021-03-04 10:31:36Join Us for Continuing Education on March 11 and 12
The NCBA Appellate Practice Section invites you to attend a virtual program introducing the new members of the Supreme Court and Court of Appeals. Given the ongoing limitations on in-person gatherings, this is a great opportunity for members of the bar to “meet” the new jurists on our appellate courts. We hope you can join us.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Appellatehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAppellate2021-03-03 16:42:242021-03-03 16:42:24The Appellate Practice Section Presents: Meet the New Judges and Justices
The Education Law Section Nominations Committee seeks nominations for individuals to serve as members of the Education Law Section Council. Council members govern the section and help define its priorities and strategies.
Council members must be able to serve a three (3) year term and must be willing to attend quarterly (currently virtual) meetings. The section is seeking members who can actively participate, such as by serving on a Committee, and who want to work for the betterment of the section, the NCBA, the public, and the legal profession. At the same time, the council understands the needs of busy professionals and actively works to accommodate that. Each candidate must be a member of the Education Law Section in good standing.
Feel free to nominate yourself or someone else if this sounds like a good fit! Each candidate will be considered by the Nominations Committee for inclusion in a slate that will be submitted to the section for election at its Annual Meeting on April 14, 2021.
Until recently, litigators on both sides of the “v.” routinely included incentive awards in class-action settlements. The Eleventh Circuit’s recent decision in Johnson v. NPAS Solutions, LLC, 975 F.3d 1244 (11th Cir. 2020), shook things up, holding incentive awards are prohibited under Supreme Court case law dating back over a century. While the Eleventh Circuit currently stands alone on this issue, its stark line in the sand suggests that counsel everywhere should take pause before including an incentive award in their next class-action settlement.
The North Carolina Bar Association’s Young Lawyers Division is hosting Part 2 of the four-part Lunch and Learn Series focused on various practice areas. Every third Wednesday at noon, you will hear from one of our liaisons and YLD council about what it’s like to work in their practice areas. The second series will be held on March 17, 2021, at noon and will cover going in-house.
Register here for the In-House Counsel Series on March 17!
Learn what it takes to be an in-house lawyer, what a typical day is like, and what some of the pros and cons are, and ask questions and network with fellow YLD members! Whether you are a young lawyer, transitioning lawyer, or law student, find out what it’s like to work in various practice areas and the best way to position yourself to get there.
Family Law Section members, have you been looking for safe and effective ways to give back to the community? Well, look no further. Two upcoming North Carolina Bar Foundation pro bono events give us the opportunity to share the wealth of family law knowledge and experience that our section has to offer. Details for both events, including how to register for each one, can be found below.
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.pngFamilyLaw2021-02-26 15:17:582021-02-26 15:26:09Family Law Section Pro Bono Opportunities – March 2021
Nominate an Outstanding Paralegal for the Distinguished Paralegal Award!
Paralegal DivisionDo you know an amazing multitasking paralegal ninja who is civic-minded, shines through adversity, and always lifts others up? Each year, the Paralegal Division of the North Carolina Bar Association recognizes an outstanding paralegal member who demonstrates exemplary leadership, professionalism, and commitment to the paralegal profession and to the public. It’s that time! Submit your nominations for our 2021 Distinguished Paralegal Award. It only takes a moment to make someone’s year by nominating a Paralegal Division member (you may nominate yourself) and letting them know how much you appreciate their contributions.
Basis of Award
The 2021 Distinguished Paralegal Award will be given to a Paralegal Division regular member who has actively participated in paralegal activities such as civic/community volunteering, paralegal leadership, paralegal education, and promotion of the paralegal profession during the 2021 nomination period (May 2020 through April 2021).
The award winner will be determined by a Paralegal Division Award Committee following a review of all completed nomination forms submitted by the deadline set below. Read more
The Corporate Transparency Act and the Implementation of New Beneficial Ownership Reporting Requirements
Business LawOverview
The Corporate Transparency Act (CTA) was enacted into law on January 1, 2021, as part of the 2021 National Defense Authorization Act. The stated objectives of the CTA include the collection of certain beneficial ownership interest information from corporations, limited liability companies and similar entities “to (A) set a clear, Federal standard for incorporation practices; (B) protect vital United States national security interests; (C) protect interstate and foreign commerce; (D) better enable critical national security, intelligence and law enforcement efforts to counter money laundering, the financing of terrorism and other illicit activity; and (E) bring the United States into compliance with international anti-money laundering and countering the financing of terrorism standards.”
Read more
Construction Claims – No Contract, No Claims?
Construction Law SectionAndrew Atkins
Peter Marino
Patrick Wilson
This article has been republished with permission from Smith Anderson.
By Andrew Atkins, Peter Marino and Patrick Wilson
The North Carolina Supreme Court recently issued a decision in Crescent University City Venture, LLC v. Trussway Manufacturing, Inc.[1] The case decided the question of whether a commercial developer-owner can bring a negligence claim directly against a supplier of defective building material where no direct contract existed between the owner and supplier. The Supreme Court held that the owner could not maintain such a claim and reaffirmed that the “economic loss rule” applied. The economic loss rule provides that, when a duty to perform arises from a contract, no negligence claims can be brought for failing to perform that duty. Instead, only contract claims can be brought.
Read more
An Interview with Erin Locklear
Young Lawyers DivisionWhy do you consider yourself a diverse attorney?
When I think of a classic definition of “diverse,” I think of someone who differs from those around her. As a Native attorney, that definition has applied to my experience. I have never practiced with another Native attorney. I have only ever encountered one Native attorney while representing my client — a personal injury attorney who was representing an adverse party. There are no Native attorneys in any of the industry-specific trade organizations to which I belong. So, I do consider myself a diverse attorney and I have placed an emphasis on building bridges with those who are different from me.
Read more
Join Us for Continuing Education on March 11 and 12
Dispute Resolution SectionThe NCBA Dispute Resolution Section will host a 6-hour CLE on March 11 and 12. The title of the program is “Who Are You? Pleased to Meet Me – What You Know About Yourself and Others, Consciously or Unconsciously,” and will include discussions of the psychology of dispute resolution, unconscious bias, and technology in mediation and arbitration. The 6 hours of credit include 1 credit each for ethics/professional responsibility, substance abuse/mental health, technology training, and continuing mediator education. The Section Council extends its thanks to the planners of this event: Deborah L. Dilman, Steve Dunn, John W. Ong, and Danae C. Woodward.
Also, the Dispute Resolution Section Council recognizes that the current economic situation may be placing financial strain on its members. Therefore, the Council has approved four scholarships to cover the costs of this CLE program. The deadline to complete the application, which can be found at this link, is March 8, 2021.
The Appellate Practice Section Presents: Meet the New Judges and Justices
Appellate PracticeThe NCBA Appellate Practice Section invites you to attend a virtual program introducing the new members of the Supreme Court and Court of Appeals. Given the ongoing limitations on in-person gatherings, this is a great opportunity for members of the bar to “meet” the new jurists on our appellate courts. We hope you can join us.
WHEN | Monday, March 15, noon to 1:30 p.m.
WHERE | Zoom
RSVP | Click here (please log in to register).
NOTES | Only those registered by noon on March 14 will be able to attend. The Zoom link will be sent the afternoon or morning before the event.
Questions? Contact Andrea Bradford at [email protected].
Education Law Section Nominations
Education Law SectionDear Education Law Section Members:
The Education Law Section Nominations Committee seeks nominations for individuals to serve as members of the Education Law Section Council. Council members govern the section and help define its priorities and strategies.
Council members must be able to serve a three (3) year term and must be willing to attend quarterly (currently virtual) meetings. The section is seeking members who can actively participate, such as by serving on a Committee, and who want to work for the betterment of the section, the NCBA, the public, and the legal profession. At the same time, the council understands the needs of busy professionals and actively works to accommodate that. Each candidate must be a member of the Education Law Section in good standing.
Feel free to nominate yourself or someone else if this sounds like a good fit! Each candidate will be considered by the Nominations Committee for inclusion in a slate that will be submitted to the section for election at its Annual Meeting on April 14, 2021.
Read more
Class-Action Incentive Awards Under Siege?
Antitrust & Complex Business Disputes LawThis article was originally published in DRI’s The Voice and has been republished with permission.
Until recently, litigators on both sides of the “v.” routinely included incentive awards in class-action settlements. The Eleventh Circuit’s recent decision in Johnson v. NPAS Solutions, LLC, 975 F.3d 1244 (11th Cir. 2020), shook things up, holding incentive awards are prohibited under Supreme Court case law dating back over a century. While the Eleventh Circuit currently stands alone on this issue, its stark line in the sand suggests that counsel everywhere should take pause before including an incentive award in their next class-action settlement.
Read more
YLD Lunch and Learn Series, Part 2: In-House Counsel
Young Lawyers DivisionThe North Carolina Bar Association’s Young Lawyers Division is hosting Part 2 of the four-part Lunch and Learn Series focused on various practice areas. Every third Wednesday at noon, you will hear from one of our liaisons and YLD council about what it’s like to work in their practice areas. The second series will be held on March 17, 2021, at noon and will cover going in-house.
Register here for the In-House Counsel Series on March 17!
Learn what it takes to be an in-house lawyer, what a typical day is like, and what some of the pros and cons are, and ask questions and network with fellow YLD members! Whether you are a young lawyer, transitioning lawyer, or law student, find out what it’s like to work in various practice areas and the best way to position yourself to get there.
Read more
Family Law Section Pro Bono Opportunities – March 2021
Family Law SectionFamily Law Section members, have you been looking for safe and effective ways to give back to the community? Well, look no further. Two upcoming North Carolina Bar Foundation pro bono events give us the opportunity to share the wealth of family law knowledge and experience that our section has to offer. Details for both events, including how to register for each one, can be found below.
Read more