An anonymous show of hands: who has done a local TV news segment in which you and your client discuss their lawsuit? Maybe you state the employer is racist or a specific manager was a predator. Now, a second show of hands: how many have considered the potential for such a statement to lead to a defamation lawsuit against you or your client? If not, I recommend that you do.
In January 2018, Cardinal Innovations Healthcare Solutions hired Kurt Meyers and McGuireWoods to conduct an independent internal investigation into the conduct of its former CEO, Richard Topping. After Meyers presented his findings to Cardinal, it filed a lawsuit against Topping seeking the return of a severance payment. Less than two hours after filing suit, Cardinal held a press conference at which Meyers discussed his findings with the media. Meyers’ statements and presentation at the press conference essentially “mirrored” the allegations in the complaint. Topping v. Meyers, No. COA19-618, (N.C. Ct. App. Mar. 17, 2020).
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Laborhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngLabor2020-05-08 07:55:262020-05-08 12:09:32If You Can’t Say Something Nice, Then Don’t Say Anything
In the time of COVID-19, Electronically Stored Information and efficient ways to retrieve it are important considerations in any discussion regarding litigation preparation, especially when it comes to discovery planning. However, keep in mind that social media content is easy to create, but can be difficult to use in litigation and you may have to explain the importance of this type of evidence to judges and juries.
A little planning will save you time and heartache when it comes to social media discovery. With one exception, before your law office seeks to obtain social media posts by a party or witnesses, you’ll want to create a customized plan of action. Your plan should consider the potential volume of the material, where it may be stored, any confidentiality or security concerns, and any other unique issues presented by the case. Moreover, it’s important your plan be both defensible and cost effective.
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.pngParalegals2020-05-07 21:31:042020-05-08 09:56:03Social Media Discovery Requires a Plan (and Here’s One Below)
This article was originally published on the Elder & Special Needs Section blog.
[Editor’s note: We appreciate the substantial contributions of John H. Griffing of Griffing Leazer, PLLC in Gastonia and Kathleen R. Rodberg of McGuire Wood & Bissette in Asheville in preparing this post for timely publication. Please look for a separate post by Kathleen R. Rodberg on guardianship changes shortly.]
[Additional Writer and Editor’s note: When assisting clients with estate planning documents this statute does not alter legal precedent requiring original wet signatures and original wet notarizations on most documents. This blog only focuses on the steps a notary would take in completing a remote video notarization when an original wet signature is required. Please reference the provisions of G.S. 10B-25(e)(1) for direction on remote video notarization when an original wet signature and original wet notarization are not required for the document.]
Attorneys from the Elder and Special Needs Law Section of the North Carolina Bar Association in collaboration with NC NAELA, other sections of the North Carolina Bar Association and its leadership, other interested parties, and the North Carolina General Assembly have been working to introduce the legislation that passed on May 2, 2020, and was signed into law by Gov. Cooper on May 4, 2020, authorizing remote notarization, remote witnessing, and execution of health care directives without witnesses during the state of emergency. There were a lot of compromises. Ultimately, we have legislation that will aid you in providing safe assistance to your clients during the COVID-19 public health crisis.
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.pngElderLaw2020-05-07 15:11:342020-05-12 10:14:07Emergency Remote Notary, Witnesses and Execution of Health Care Directives Without Witnesses During Emergency
Full Commission Section and General / Administrative Updates
In response to the COVID-19 pandemic, the Commission has instituted several new policies to help protect public health and safety, including new policies for hearings and mediations and new policies for accepting electronic signatures on agreements and accepting written affirmations without notarization. These new policies are posted on the home page of the Commission’s website and under the Latest News tab (Breaking News & Important Announcements).
Attorneys also can visit the Commission’s website to review additional COVID-19 Response postings addressing issues such as telehealth coverage and billing, secure leave issues, and the best way to reach Commission staff during this period of time when staff is working remotely to the greatest extent possible.
All Full Commission oral arguments are being conducted by teleconference due to the COVID-19 pandemic. The Full Commission panel chair is providing the parties with a toll-free number and access code to dial into the conference call. All oral arguments that are normally recorded continue to be recorded by a court reporter.
A notice of proposed rulemaking by the Commission was published in the April 15, 2020 North Carolina Register. A link to the notice of proposed rulemaking can be found at https://www.ic.nc.gov/efilingandotheramendments.html. A public hearing on the proposed rule amendments will be held on Wednesday, May 6, 2020 at 2 p.m. Out of an abundance of caution and to address protective measures to help prevent the spread of COVID-19, the public hearing will be held via teleconference only instead of being held in person. The teleconference number is 1-888-363-4735 and the access code is 4465746. Comments may be submitted through June 15, 2020 to Gina Cammarano, Rulemaking Coordinator, by email at [email protected] or by U.S. mail at 1240 Mail Service Center, Raleigh, NC 27699-1240.
Industrial Commission employees are presently working remotely to the greatest extent possible. The Commission remains open for business but encourages you to contact Commission staff by email instead of by phone. Commission employees working remotely have easy and quick access to their email inbox on their laptops and other devices. By contrast, they do not have real time access to office phone calls when working remotely. Email addresses can be found by going under the “Sections” tab on the Commission’s Home Page and clicking on the appropriate section of the Commission.
The NCBA YLD Diversity and Inclusion Committee has interviewed several diverse attorneys about their experiences in the law. New attorneys face many challenges, including finding mentors, fitting in, and finding their place—and diverse attorneys are no different.
Here is one diverse attorney’s perspective on how she is overcoming these challenges.
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 YLD2020-05-06 16:02:212023-06-20 12:48:56An Interview With Katie Wong
For years, courts have struggled to decide how federal antitrust law applies to regulatory decisions by state agencies. SmileDirectClub v. Battle, a case pending in the U.S. Court of Appeals for the Eleventh Circuit, should offer some answers. SmileDirect is likely to clarify what counts as active supervision that can immunize a state agency from federal antitrust liability.
Background
SmileDirect involves the state-action doctrine, which holds that the federal antitrust laws do not apply to sovereign acts of state governments. Under the doctrine, state statutes and decisions of state supreme courts are absolutely immune. Other types of government actions are immune only under certain conditions.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ACBDhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngACBD2020-05-06 14:39:172020-05-06 15:04:32Pending Case Will Answer Questions on Key Antitrust Immunity
[Editor’s Note: This is the second of two posts related to North Carolina’s COVID-19 emergency legislation. For information regarding emergency witnessing and notarization requirements, please see the previous post.]
The current COVID-19 public health crisis has presented numerous novel issues to elder and special needs law attorneys—particularly in the area of guardianships. While many legal proceedings can be put on hold for several months, guardianships are of a particularly time-sensitive nature in most instances. This post is intended to provide some statutory updates and include some reminders and suggestions for navigating guardianship matters during COVID-19.
Service Requirements. On May 4, 2020, Governor Cooper signed Session Law 2020-3 into law. This new legislation addresses numerous time-sensitive matters impacted by COVID-19, including issues impacting guardianships in North Carolina.
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.pngElderLaw2020-05-06 09:42:062020-05-06 13:32:43Guardianships During the COVID-19 Crisis: Changes to Legislation & Friendly Reminders
At a time when our state and nation face a pandemic the scale of which has not been encountered in roughly a century, administrative law continues to be a prevalent and pronounced part of our modern world. While it has been said in the past that “the action of administrative agencies so pervasively impinges on the daily lives of citizens and has become so thoroughly accepted as a mode of carrying out government business that the phenomenon often goes largely unnoticed,” administrative law is hardly unnoticed at this time when such drastic changes are occurring. Charles E. Daye, North Carolina’s New Administrative Procedure Act: An Interpretive Analysis, 53 N.C. L. Rev. 833, 836 (1975).
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.pngAdministrative2020-05-05 12:15:152020-05-06 10:59:20Like the song in "Carousel," Administrative Law is "Bustin' Out All Over"
Good morning, everyone! There are three important new developments that we want to ensure you know.
1. Chief Justice Beasley’s Newest Order As most of you know by now, last Friday Chief Justice Beasley issued a new Order regarding the administration of justice during COVID-19. Every part of that Order is incredibly important, extending the Chief Justice’s prior directives out to June 1, clarifying the procedure regarding remote hearings, and much more. We recommend every attorney and paralegal read this Order in full.Click here to read it.
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.pngLitigation2020-05-05 11:51:162020-05-05 11:53:04A New Chief Justice Beasley Order, Session Law 2020-3, and the Court Wants Your Help!
As lawyers, we preach philanthropy and public service on a regular basis, but we often are so overburdened with deadlines, paperwork, and research that philanthropy can often turn into a charitable donation. While in law school at Duquesne University in Pittsburgh, Pa., I was an avid and cutthroat competitor in our trial advocacy competition team, so when I was stationed at Fort Bragg to start my career as a Judge Advocate with XVIII Airborne Corps, I wanted to find a way to combine that advocacy competitiveness and my philanthropic core principle. Enter: becoming an attorney advisor for a high school mock trial team through the North Carolina Mock Trial Program.
When I first met with the team in September, I had to remind myself of one major underlying principle: these are high school kids, not law students. As a law student competitor, we practice relentlessly and often; we find a way to balance the rigors and demands of law school with the demands of honing our advocacy skills. It’s expected that you will be emotionally, intellectually, spiritually, and physically exhausted, but at the same time, every person in that room is there to win. None of those things are expected of a high school team nor, more importantly, should they be.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2020-05-05 08:01:342020-05-05 08:50:59Why Do I Care More Than They Do? A Young Lawyer’s First Attempt at Coaching High School Mock Trial
If You Can’t Say Something Nice, Then Don’t Say Anything
Labor & Employment LawAn anonymous show of hands: who has done a local TV news segment in which you and your client discuss their lawsuit? Maybe you state the employer is racist or a specific manager was a predator. Now, a second show of hands: how many have considered the potential for such a statement to lead to a defamation lawsuit against you or your client? If not, I recommend that you do.
In January 2018, Cardinal Innovations Healthcare Solutions hired Kurt Meyers and McGuireWoods to conduct an independent internal investigation into the conduct of its former CEO, Richard Topping. After Meyers presented his findings to Cardinal, it filed a lawsuit against Topping seeking the return of a severance payment. Less than two hours after filing suit, Cardinal held a press conference at which Meyers discussed his findings with the media. Meyers’ statements and presentation at the press conference essentially “mirrored” the allegations in the complaint. Topping v. Meyers, No. COA19-618, (N.C. Ct. App. Mar. 17, 2020).
Read more
Social Media Discovery Requires a Plan (and Here’s One Below)
Paralegal DivisionBy Rhiannon Fionn-Bowman
In the time of COVID-19, Electronically Stored Information and efficient ways to retrieve it are important considerations in any discussion regarding litigation preparation, especially when it comes to discovery planning. However, keep in mind that social media content is easy to create, but can be difficult to use in litigation and you may have to explain the importance of this type of evidence to judges and juries.
A little planning will save you time and heartache when it comes to social media discovery. With one exception, before your law office seeks to obtain social media posts by a party or witnesses, you’ll want to create a customized plan of action. Your plan should consider the potential volume of the material, where it may be stored, any confidentiality or security concerns, and any other unique issues presented by the case. Moreover, it’s important your plan be both defensible and cost effective.
Read more
Emergency Remote Notary, Witnesses and Execution of Health Care Directives Without Witnesses During Emergency
Business LawBy Andrew Atherton
This article was originally published on the Elder & Special Needs Section blog.
[Editor’s note: We appreciate the substantial contributions of John H. Griffing of Griffing Leazer, PLLC in Gastonia and Kathleen R. Rodberg of McGuire Wood & Bissette in Asheville in preparing this post for timely publication. Please look for a separate post by Kathleen R. Rodberg on guardianship changes shortly.]
[Additional Writer and Editor’s note: When assisting clients with estate planning documents this statute does not alter legal precedent requiring original wet signatures and original wet notarizations on most documents. This blog only focuses on the steps a notary would take in completing a remote video notarization when an original wet signature is required. Please reference the provisions of G.S. 10B-25(e)(1) for direction on remote video notarization when an original wet signature and original wet notarization are not required for the document.]
Attorneys from the Elder and Special Needs Law Section of the North Carolina Bar Association in collaboration with NC NAELA, other sections of the North Carolina Bar Association and its leadership, other interested parties, and the North Carolina General Assembly have been working to introduce the legislation that passed on May 2, 2020, and was signed into law by Gov. Cooper on May 4, 2020, authorizing remote notarization, remote witnessing, and execution of health care directives without witnesses during the state of emergency. There were a lot of compromises. Ultimately, we have legislation that will aid you in providing safe assistance to your clients during the COVID-19 public health crisis.
Read more
North Carolina Industrial Commission April 2020 Quarterly Update
Workers' Compensation SectionFull Commission Section and General / Administrative Updates
Read more
An Interview With Katie Wong
Young Lawyers DivisionThe NCBA YLD Diversity and Inclusion Committee has interviewed several diverse attorneys about their experiences in the law. New attorneys face many challenges, including finding mentors, fitting in, and finding their place—and diverse attorneys are no different.
Here is one diverse attorney’s perspective on how she is overcoming these challenges.
Read more
Pending Case Will Answer Questions on Key Antitrust Immunity
Antitrust & Complex Business Disputes LawFor years, courts have struggled to decide how federal antitrust law applies to regulatory decisions by state agencies. SmileDirectClub v. Battle, a case pending in the U.S. Court of Appeals for the Eleventh Circuit, should offer some answers. SmileDirect is likely to clarify what counts as active supervision that can immunize a state agency from federal antitrust liability.
Background
SmileDirect involves the state-action doctrine, which holds that the federal antitrust laws do not apply to sovereign acts of state governments. Under the doctrine, state statutes and decisions of state supreme courts are absolutely immune. Other types of government actions are immune only under certain conditions.
Read more
Guardianships During the COVID-19 Crisis: Changes to Legislation & Friendly Reminders
Elder & Special Needs Law[Editor’s Note: This is the second of two posts related to North Carolina’s COVID-19 emergency legislation. For information regarding emergency witnessing and notarization requirements, please see the previous post.]
The current COVID-19 public health crisis has presented numerous novel issues to elder and special needs law attorneys—particularly in the area of guardianships. While many legal proceedings can be put on hold for several months, guardianships are of a particularly time-sensitive nature in most instances. This post is intended to provide some statutory updates and include some reminders and suggestions for navigating guardianship matters during COVID-19.
Service Requirements. On May 4, 2020, Governor Cooper signed Session Law 2020-3 into law. This new legislation addresses numerous time-sensitive matters impacted by COVID-19, including issues impacting guardianships in North Carolina.
Read more
Like the song in “Carousel,” Administrative Law is “Bustin’ Out All Over”
Administrative LawSection Chair
At a time when our state and nation face a pandemic the scale of which has not been encountered in roughly a century, administrative law continues to be a prevalent and pronounced part of our modern world. While it has been said in the past that “the action of administrative agencies so pervasively impinges on the daily lives of citizens and has become so thoroughly accepted as a mode of carrying out government business that the phenomenon often goes largely unnoticed,” administrative law is hardly unnoticed at this time when such drastic changes are occurring. Charles E. Daye, North Carolina’s New Administrative Procedure Act: An Interpretive Analysis, 53 N.C. L. Rev. 833, 836 (1975).
Read more
A New Chief Justice Beasley Order, Session Law 2020-3, and the Court Wants Your Help!
Family Law SectionPJ Puryear
Kellie Myers
By PJ Puryear and Kellie Myers
Good morning, everyone! There are three important new developments that we want to ensure you know.
1. Chief Justice Beasley’s Newest Order
As most of you know by now, last Friday Chief Justice Beasley issued a new Order regarding the administration of justice during COVID-19. Every part of that Order is incredibly important, extending the Chief Justice’s prior directives out to June 1, clarifying the procedure regarding remote hearings, and much more. We recommend every attorney and paralegal read this Order in full. Click here to read it.
Read more
Why Do I Care More Than They Do? A Young Lawyer’s First Attempt at Coaching High School Mock Trial
Featured PostsAs lawyers, we preach philanthropy and public service on a regular basis, but we often are so overburdened with deadlines, paperwork, and research that philanthropy can often turn into a charitable donation. While in law school at Duquesne University in Pittsburgh, Pa., I was an avid and cutthroat competitor in our trial advocacy competition team, so when I was stationed at Fort Bragg to start my career as a Judge Advocate with XVIII Airborne Corps, I wanted to find a way to combine that advocacy competitiveness and my philanthropic core principle. Enter: becoming an attorney advisor for a high school mock trial team through the North Carolina Mock Trial Program.
When I first met with the team in September, I had to remind myself of one major underlying principle: these are high school kids, not law students. As a law student competitor, we practice relentlessly and often; we find a way to balance the rigors and demands of law school with the demands of honing our advocacy skills. It’s expected that you will be emotionally, intellectually, spiritually, and physically exhausted, but at the same time, every person in that room is there to win. None of those things are expected of a high school team nor, more importantly, should they be.
Read more