National and international manufacturing companies continue to open new manufacturing facilities and expand their existing facilities in North Carolina and South Carolina. This raises the issue of whether the manufacturing equipment used in such facilities must be installed by a licensed contractor under a building permit. It is not uncommon that such equipment is manufactured oversees and for the foreign vendors to fly their employees into the United States to install the equipment. In a recent article, I discuss the contractor licensure requirements and/or exemptions in North and South Carolina for industrial equipment installation. Click here to read the article.
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.pngConstruction2020-08-12 12:14:522020-08-12 12:37:38Is a Contractor’s License and Building Permit Required to Install Industrial Manufacturing Equipment in North and South Carolina?
This article was originally published on the UNC School of Government blog On the Civil Side and has been republished with permission.
No More Minors in Jails
Many people assumed that the implementation of raise the age on December 1, 2019 meant the end of confinement of anyone under 18 in a jail. That was not the case. Even under our new legal framework for juvenile jurisdiction, some youth under 18 still have cases that are handled in criminal court from the very beginning. There is currently no legal mechanism to house these youth in a juvenile detention facility instead of a jail. This changes on August 1, 2020, when Part II of Session law 2020-83 takes effect.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00JuvenileJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngJuvenileJustice2020-08-05 10:38:322020-08-05 10:55:14No More Minors in Jails
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 chair, Kelly Ryan, if you would like to submit either personally written pieces or other third-party articles that would be of interest to SEL Section members.
This blog post summarizes some of the recent activities of the newly formed North Carolina Task Force for Racial Equity in Criminal Justice (“TREC”) chaired by N.C. Supreme Court Justice Anita Earls and N.C. Attorney General Josh Stein. The TREC consists of 24 individuals representing policy makers, civil rights advocates, judges, defense attorneys, prosecutors and law enforcement officers. The full membership can be found at the TREC’s website at www.ncdoj.gov/TREC.
The TREC has had two meetings and one public comment session. The first meeting on July 10, 2020, included an introduction by Gov. Roy Cooper. Justice Earls and Attorney General Stein explained how the TREC would accomplish its work. The members then each shared what they hoped they could contribute to the TREC and what perspective they hoped they could gain from the TREC to share with their organizations and to encourage and enact further meaningful change to the criminal justice system.
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.pngCriminalJustice2020-07-31 12:27:122020-07-31 12:28:34The N.C. Task Force for Racial Equity in Criminal Justice
This article has been republished with permission from Waldrep LLP.
It is July of 2020, and domestic and international news cycles are full of stories of global pandemic, record unemployment, and an uncertain path towards international economic recovery. In light of the extraordinary circumstances being reported, it is important to remember that, in more mundane (or even strong) economic conditions, businesses and individuals have always found it necessary to avail themselves of bankruptcy protections.
Externalities, such as poor market conditions and pandemics, often serve to exacerbate existing financial issues. In fact, this May, clothing retailers J.Crew, Neiman Marcus, and J.C. Penney all filed petitions for Chapter 11 Reorganization, after years of struggling sales coupled with recent store closures, the result of the COVID-19 pandemic. Several other notable retailers have followed suit. However, internal issues, absent such externalities, are typically the primary drivers of business bankruptcies. A business may suffer from inflexible management or adhere to strategies that prove unsuccessful—the familiar names of department stores and other brick-and-mortar retail giants have graced the news with bankruptcies throughout the past decade. A business may struggle with cash flow, have its access to financing cut off, or may be overburdened with uneconomical contracts. Assets that could be liquidated to increase cash flow may be encumbered by liens, making those assets unattractive to buyers.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Bankruptcyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBankruptcy2020-07-31 11:10:032020-08-12 17:36:00Help! Should My Business File for Bankruptcy Protection?
As most of you are painfully aware, it doesn’t appear that the coronavirus or the statewide coronavirus restrictions we have been living with since March are going away anytime soon.
Just this week, Gov. Cooper announced a new Executive Order to limit alcohol sales at restaurants after 11 p.m. Although it received much less media attention, this week also included a new Order from Chief JusticeBeasley extending Emergency Directives 2-8 until August 28.
The new order simply extends current restrictions, but as a refresher, practitioners may expect the following modifications to court operations:
The Young Lawyers Division of the North Carolina Bar Association is routinely recognized by their peers—the Young Lawyers Division of the American Bar Association—as an exemplary organization for young lawyers.
Historically, the most common form of recognition has been through the ABA YLD Awards of Achievement. Despite the challenges and restrictions of COVID-19, the NCBA YLD has once again received commendation from ABA YLD for outstanding efforts in 2019-20.
NCBA YLD will receive Awards of Achievement in two categories:
Hello, fellow members of the Business Law Section, and welcome to the 2020-2021 bar year. Please permit me to begin the way I find myself beginning pretty much all written correspondence these days—with an expression of hope that you all are healthy and are navigating things safely and as cheerfully as possible!
It is again my honor to serve as Chair of the Section and to work with such an outstanding group of council members, committee co-chairs, and NCBA staff.
As always, it is our goal to make sure your Section membership comes with first-rate programming, activities, content, and other benefits—all with the overarching objective of enhancing your law practices and professional development. But as never before, this goal (like the goals and objectives of our firms and the clients we serve) is beset with steep challenges—those, of course, posed by the COVID-19 pandemic.
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.pngBusiness2020-07-28 09:07:132020-08-12 17:30:46New Bar Year, New Challenges: A Message from the Chair
On July 7, 2020, several states and boards of education around the country filed a federal lawsuit in the Northern District of California challenging the U.S. Department of Education’s (“Department”) new Interim Final Rule (34 C.F.R. § 76.665) governing distribution of funds provided by Congress under the Coronavirus Aid, Relief and Economic Security Act (“CARES” Act).[1]
The CARES Act was enacted in March of 2020 to, among other things, provide emergency relief to states and local government entities, including Local Education Agencies (“LEAs”) impacted by the COVID-19 pandemic. The CARES Act requires that LEAs receiving funds under the CARES Act provide equitable services “in the same manner” as provided under section 1117 of the Elementary and Secondary Education Act (“ESEA”).[2]
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00EducationLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngEducationLaw2020-07-27 16:48:162020-08-12 17:32:12The CARES Act Carousel: States and LEAs Sue to Enjoin Implementation of Interim Final Rule Governing Distribution of COVID-19 Funds
The North Carolina Industrial Commission has recently revised its guidelines for In-Person Deputy Commissioner Hearings. Those guidelines can be found here. The revisions came after Chief Justice Beasley’s July 16, 2020, Order and Emergency Directive 21 related to face coverings in courthouses. The Emergency Directive requires all persons in a court facility to wear a face covering except in special circumstances. Please review these guidelines in detail if you have an upcoming In-Person Deputy Commissioner Hearing.
Is a Contractor’s License and Building Permit Required to Install Industrial Manufacturing Equipment in North and South Carolina?
Construction Law SectionBy David J. Parrish
National and international manufacturing companies continue to open new manufacturing facilities and expand their existing facilities in North Carolina and South Carolina. This raises the issue of whether the manufacturing equipment used in such facilities must be installed by a licensed contractor under a building permit. It is not uncommon that such equipment is manufactured oversees and for the foreign vendors to fly their employees into the United States to install the equipment. In a recent article, I discuss the contractor licensure requirements and/or exemptions in North and South Carolina for industrial equipment installation. Click here to read the article.
No More Minors in Jails
Juvenile Justice & Children's RightsThis article was originally published on the UNC School of Government blog On the Civil Side and has been republished with permission.
Many people assumed that the implementation of raise the age on December 1, 2019 meant the end of confinement of anyone under 18 in a jail. That was not the case. Even under our new legal framework for juvenile jurisdiction, some youth under 18 still have cases that are handled in criminal court from the very beginning. There is currently no legal mechanism to house these youth in a juvenile detention facility instead of a jail. This changes on August 1, 2020, when Part II of Session law 2020-83 takes effect.
Read more
SEL Section – Articles of Interest (July 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 chair, Kelly Ryan, if you would like to submit either personally written pieces or other third-party articles that would be of interest to SEL Section members.
Virtual Events Raise Real World Legal Issues
Senators Plan to Introduce Federal Legislation to Eliminate Use of COVID-19 Student-Athlete Liability Waivers
Ivy League Reinforces Its Commitment to Student-Athlete Safety With Cancellation of Fall Sports Amid COVID-19 Spikes
Read more
The N.C. Task Force for Racial Equity in Criminal Justice
Criminal JusticeThis blog post summarizes some of the recent activities of the newly formed North Carolina Task Force for Racial Equity in Criminal Justice (“TREC”) chaired by N.C. Supreme Court Justice Anita Earls and N.C. Attorney General Josh Stein. The TREC consists of 24 individuals representing policy makers, civil rights advocates, judges, defense attorneys, prosecutors and law enforcement officers. The full membership can be found at the TREC’s website at www.ncdoj.gov/TREC.
The TREC has had two meetings and one public comment session. The first meeting on July 10, 2020, included an introduction by Gov. Roy Cooper. Justice Earls and Attorney General Stein explained how the TREC would accomplish its work. The members then each shared what they hoped they could contribute to the TREC and what perspective they hoped they could gain from the TREC to share with their organizations and to encourage and enact further meaningful change to the criminal justice system.
Read more
Help! Should My Business File for Bankruptcy Protection?
BankruptcyEvan Lee
John Van Swearingen
By Evan Lee and John Van Swearingen
This article has been republished with permission from Waldrep LLP.
It is July of 2020, and domestic and international news cycles are full of stories of global pandemic, record unemployment, and an uncertain path towards international economic recovery. In light of the extraordinary circumstances being reported, it is important to remember that, in more mundane (or even strong) economic conditions, businesses and individuals have always found it necessary to avail themselves of bankruptcy protections.
Externalities, such as poor market conditions and pandemics, often serve to exacerbate existing financial issues. In fact, this May, clothing retailers J.Crew, Neiman Marcus, and J.C. Penney all filed petitions for Chapter 11 Reorganization, after years of struggling sales coupled with recent store closures, the result of the COVID-19 pandemic. Several other notable retailers have followed suit. However, internal issues, absent such externalities, are typically the primary drivers of business bankruptcies. A business may suffer from inflexible management or adhere to strategies that prove unsuccessful—the familiar names of department stores and other brick-and-mortar retail giants have graced the news with bankruptcies throughout the past decade. A business may struggle with cash flow, have its access to financing cut off, or may be overburdened with uneconomical contracts. Assets that could be liquidated to increase cash flow may be encumbered by liens, making those assets unattractive to buyers.
Read more
Chief Justice Cheri Beasley Extends COVID-19 Modifications to Court Operations
Litigation SectionBy Adam Banks
As most of you are painfully aware, it doesn’t appear that the coronavirus or the statewide coronavirus restrictions we have been living with since March are going away anytime soon.
Just this week, Gov. Cooper announced a new Executive Order to limit alcohol sales at restaurants after 11 p.m. Although it received much less media attention, this week also included a new Order from Chief Justice Beasley extending Emergency Directives 2-8 until August 28.
The new order simply extends current restrictions, but as a refresher, practitioners may expect the following modifications to court operations:
Read more
NCBA YLD Garners ABA Awards of Achievement
Young Lawyers Division2019-20 YLD Chair
The Young Lawyers Division of the North Carolina Bar Association is routinely recognized by their peers—the Young Lawyers Division of the American Bar Association—as an exemplary organization for young lawyers.
Historically, the most common form of recognition has been through the ABA YLD Awards of Achievement. Despite the challenges and restrictions of COVID-19, the NCBA YLD has once again received commendation from ABA YLD for outstanding efforts in 2019-20.
NCBA YLD will receive Awards of Achievement in two categories:
Read more
New Bar Year, New Challenges: A Message from the Chair
Business LawBy Ben Baldwin
Hello, fellow members of the Business Law Section, and welcome to the 2020-2021 bar year. Please permit me to begin the way I find myself beginning pretty much all written correspondence these days—with an expression of hope that you all are healthy and are navigating things safely and as cheerfully as possible!
It is again my honor to serve as Chair of the Section and to work with such an outstanding group of council members, committee co-chairs, and NCBA staff.
As always, it is our goal to make sure your Section membership comes with first-rate programming, activities, content, and other benefits—all with the overarching objective of enhancing your law practices and professional development. But as never before, this goal (like the goals and objectives of our firms and the clients we serve) is beset with steep challenges—those, of course, posed by the COVID-19 pandemic.
Read more
The CARES Act Carousel: States and LEAs Sue to Enjoin Implementation of Interim Final Rule Governing Distribution of COVID-19 Funds
Education Law SectionOn July 7, 2020, several states and boards of education around the country filed a federal lawsuit in the Northern District of California challenging the U.S. Department of Education’s (“Department”) new Interim Final Rule (34 C.F.R. § 76.665) governing distribution of funds provided by Congress under the Coronavirus Aid, Relief and Economic Security Act (“CARES” Act).[1]
The CARES Act was enacted in March of 2020 to, among other things, provide emergency relief to states and local government entities, including Local Education Agencies (“LEAs”) impacted by the COVID-19 pandemic. The CARES Act requires that LEAs receiving funds under the CARES Act provide equitable services “in the same manner” as provided under section 1117 of the Elementary and Secondary Education Act (“ESEA”).[2]
Read more
Revised Guidelines for In-Person Deputy Commissioner Hearings
Workers' Compensation SectionThe North Carolina Industrial Commission has recently revised its guidelines for In-Person Deputy Commissioner Hearings. Those guidelines can be found here. The revisions came after Chief Justice Beasley’s July 16, 2020, Order and Emergency Directive 21 related to face coverings in courthouses. The Emergency Directive requires all persons in a court facility to wear a face covering except in special circumstances. Please review these guidelines in detail if you have an upcoming In-Person Deputy Commissioner Hearing.