Catharine Arrowood Receives The Advocate’s Award

By Marilyn Forbes

Congratulations to Catharine Biggs Arrowood, the 12th recipient of The Advocate’s Award and the first to receive the award virtually via Zoom presentation, on Friday, June 19, 2020. The Advocate’s Award is presented by the North Carolina Bar Association’s Litigation Section as merited to recognize members who are the “superstars” of our Bar.

The Advocate’s Award recognizes litigators who 1) have the highest ethical standards; 2) have shown great skill and ability as a litigator/trial lawyer and commitment to the very best work product; 3) demonstrate a true commitment of service to clients; 4) demonstrate a respect for and love of the law; 5) are held in the highest regard by both bench and bar; 6 ) are dedicated to the community and the bar with a track record of pro bono or volunteer service; and 7) serve as an example of how to effectively balance both outstanding professional performance and other life endeavors.

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Appellate Update

Joe Murray

My last appellate update was so long ago that I’ve got a lot of cases to review here. Hence I’m limiting (almost) every summary to 280 characters, Twitter style.

Wetherington v. NC Dep’t of Pub. Safety, No. COA18-1018 (N.C. Ct. App. Feb. 18, 2020) (State Personnel Act): In 2009, Patrolman loses hat, lies about it, fired. N.C. S. Ct. reverses/remands. Refired. Ct. App.: The “or” in the Wetherington test[1] is actually an “and.” Since not all four factors considered and ultimately met, reversed w/ instructions to impose lesser discipline.

Raynor v. G4S Secure Sol., No. 18-1773 (4th Cir. Feb. 26, 2020) (unpublished) (state law claims, Title VII race and retaliation): Big takeaway: district court can limit the presentation of evidence by imposing time limits at trial & decision will be reviewed under abuse of discretion standard. But courts should not set time limits as a “matter of course.” MSJ on Title VII and attorney’s fees award affirmed.

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Checking In: June 23, 2020

Compiled by Jessica Junqueira 

Parker Poe’s Charlotte Location Moves To Legacy Union

The Charlotte location of Parker Poe has moved from Three Wells Fargo Center to the Bank of America Tower at Legacy Union. Their new address is 620 S. Tryon St., Charlotte, NC 28202. The firm is located on floors six, seven, and eight in the new building. Legacy Union is located at the intersection of Tryon and Stonewall streets on the south side of Uptown.

While the location has changed, the firm’s phone and fax numbers remain the same. The phone number for the front desk is 704.372.9000.

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2020 Legal Legends of Color Honorees Announced

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By Sharita M. Whitaker

The word “change” has various definitions, but my favorite expression of change is “to shift; to undergo transformation or transition.” We can certainly say that “change” is inevitable in all aspects of our lives. Thus far in 2020 alone, we have witnessed how COVID-19 and other events have caused many of us to adjust when, how, and where we work and interact with others. Also, the NCBA has had to shift its 2020 Annual Meeting in Charlotte to an online, virtual program. But “change” presents us with an opportunity to reflect on and learn from our experiences and the experiences of others in order for each of us to evolve for the better.

Although we are unable to celebrate together at the Annual Meeting in Charlotte, and we are adjusting to the change by celebrating in other (virtual) ways, we are proud to announce our 2020 Legal Legends of Color honorees: Judge Yvonne Mims Evans, Senator Dan T. Blue Jr., Attorney Anthony Fox, Professor George R. Johnson Jr., and the late Attorney J. Kenneth Lee. In order to be named a Legal Legend of Color, such person must be (1) a lawyer of color practicing (or one who has practiced most recently) in North Carolina for at least 15 years, (2) have had a legal career with a significant impact in North Carolina, (3) have demonstrated a high level of service to his/her local community and/or on an statewide basis, and (4) be a member in good standing of the North Carolina State Bar (active or inactive). These five attorneys have more than satisfied the criteria for being named a Legal Legend of Color, and, further, they have all effected significant positive change in the North Carolina legal community and beyond. We are honored to share snippets of their distinguished careers with you:

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A Profile of Emily Sherlock, Incoming Chair

By Rick Kolb

Emily Sherlock is a partner at Robinson, Bradshaw & Hinson and is the Vice Chair of the Environment, Energy and Natural Resources Section of the NCBA. She will rise to the Chair position on July 1, 2020. Prior to serving on the board, Emily was one of the newsletter editors (back when our section had a newsletter) and served on the Section Council.

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Another Extension of OAH Contested Case Petition Filing Time

On May 27, 2020, Julian Mann, Chief Administrative Law Judge of the Office of Administrative Hearings, issued an order regarding the timeliness of contested case petition filings. Read an extract from the order below or read the entire order here. There are other orders related to the COVID-19 emergency on the OAH website here.

“On May 13, 2020, by the authority granted to the Chief Administrative Law Judge under Session Law 2020-3, I ordered that the filing of a petition for a contested case, originating in any of North Carolina’s one hundred counties (or as may be otherwise authorized by law), shall be deemed to be timely filed if the petition is filed in the Office of Administrative Hearings between the effective date of my order as Chief Administrative Law Judge and the close of business on June 1, 2020, notwithstanding the expiration of the time limit for filing of a petition in a contested case as established by or referenced in N.C.G.S. § 150B-23(f).

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Webinar: Doing Business With The United Nations

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Webinar: Doing Business With The United Nations
Tuesday, June 30, 2020

Join the U.S. Commercial Service New York and the U.S. Mission to the United Nations for a webinar on doing business with the UN.

The U.S Ambassador to the UN, U.S. Department of Commerce Deputy Assistant Secretary, and the UN Assistant Secretary General will provide opening remarks.

This seminar will offer a free introduction to the UN’s nearly $19 billion global procurement market, covering a wide range of goods and services. The event will be particularly informative for companies that need help getting started.

Attendees will hear about the UN procurement process, both the opportunities and challenges, and how to register as a UN vendor.

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Family Financial Mediation Program Rule Amendments

By Ketan Soni

The Supreme Court has approved Family Financial Mediation program rule amendments which require that next year, all District Court Family Financial Settlement mediators, whether selected by the parties or appointed by the court, must be trained, certified mediators.

 

 

 

If you have:

  1. been mediating family cases,
  2. have not completed the 40-hour training for certification but
  3. want to continue mediating,

you will need to become certified in the next year.

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Immigration Lawyers Needed As Volunteers For COVID-19 Virtual Legal Hotline

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Dear NC Bar Association International Law & Practice Section members,

The NC Bar Foundation is partnering with Legal Aid of NC and others to offer COVID-19 (Virtual) Legal Hotlines across North Carolina (like “mini-4ALLs,” but held remotely). The Hotlines will be staffed by volunteer attorneys and open to the public. We need your help for the Hotline taking place this Friday, June 12 from 9 a.m. to 1 p.m., which will serve the Triad region. Currently, we have only two immigration law attorney volunteers signed up for the first shift and zero for the second shift. Can you join us?

COVID-19 (Virtual) Legal Hotline: Serving the Triad, June 12
Register Here

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Recent Administrative Law Cases of Significance

The Supreme Court of North Carolina

June 5, 2020, Supreme Court

Wetherington v. N.C. Department of Public Safety, N.C. Highway Patrol (135P20). Listed under “other matters,” the Court dissolved the respondent’s previously granted motion for temporary stay and denied both its PDR and motion for writ of supersedeas, as well as an amicus request. You can read the Court of Appeals Opinion here.

Note:  This is the administrative law case with the first sentence that made national news [“It is unlikely so many lawyers have ever before written so many pages because of a lost hat.”)

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