Posts

Exercise is an Essential Activity

By Lisa Arthur

YLD Division Director and avid runner

If you’re like me, you’re probably feeling a lot of things right now. Uncertainty is now the new normal, and lawyers are not the best with uncertainty. So how are you coping with the new normal?

Let me make a suggestion: exercise.

In the midst of a great respiratory pandemic, why not exercise your lungs? I don’t know if there is any science linking exercise to better chances at handling COVID-19, but I can tell you from personal experience that it has helped me to keep my sanity.

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U.S. International Education Response and Resilience Webinar Series

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The U.S. Commercial Service Global Education Team is offering the “U.S. International Education Response and Resilience Webinar Series” to address the COVID-19 health crisis affecting the U.S. international education industry.

The first webinar will be held the afternoon of April 15 at 3 p.m. EDT (2 p.m. CDT; 1 p.m. MDT; 12 p.m. PDT). Participation is free of charge. The topics addressed in this webinar include:

  • U.S. Education Industry Support for International Educators in Response to COVID-19 — Joann Ng Hartmann, Senior Director, IEM-ISS Services, NAFSA: Association of International Educators
  • Admissions Schedule and Requirement Changes — Mallik Sundharam, Associate Vice President, International Enrollment Management, Northeastern University and Eileen Tyson, Executive Director, TOEFL & GRE Global Client Relations, ETS
  • U.S. Commercial Service Virtual Programs — Gabriela Zelaya, Global Education Team Leader, U.S. Commercial Service, U.S. Department of Commerce
  • Small Business Administration Disaster Relief Program for U.S. Education Sector
  • Feedback Session

Register for the webinar here: https://emenuapps.ita.doc.gov/ePublic/event/editWebReg.do?SmartCode=0QHS

For questions, please contact Gabriela Zelaya at [email protected].

*Future topics will become available in the coming weeks. Additional topic suggestions are welcome.

Wednesday Wellness Sessions: Transforming the Way Attorneys Treat Themselves, Their Clients and the Law

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By Alicia Journey

In the face of a world-wide crisis and unprecedented uncertainty, panic and fear are the true pandemic. And as advisors we are asked to put our own problems on the back burner and focus on those of our clients. However, we must ask certain crucial questions before we become a casualty of an unforeseen warfare, that of the health and well-being of those in our profession.

As attorneys, are we allowed to feel as if we are on the front lines when a crisis hits, even though we are not on the ground as first responders? Are we given permission to feel the weight of the trauma that we see, hear and feel daily from our clients when tragedy strikes? Who gives us this permission? Our profession? Society? Ourselves?

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IRS Response to COVID-19: Installment Agreements, Offers in Compromise, and IRS Collection Actions

By John G. Hodnette

The novel coronavirus known as COVID-19 has changed the world as a global pandemic disrupts the day-to-day business operations of almost every country. The IRS has responded to ease the strain on taxpayers during this difficult time by modifying its procedures for collecting assessed federal tax liabilities.

First, those with existing IRS installment agreements have been granted a temporary pause on all payments from April 1 to July 15. Additionally, the IRS has made it clear it will not treat as a default nonpayment or similar events under any installment agreements during this period for any reason. Interest will continue to accrue on these balances. Although this pause also applies to direct debit agreements, the IRS will not automatically stop direct debit withdrawals from taxpayers’ bank accounts. Therefore, any taxpayer who has a direct debit installment agreement will need to request its bank to halt payments during this period. If the taxpayer has a traditional agreement (i.e., the installment payments are sent in by check or manually paid online every month), the only thing the taxpayer needs to do is stop payment during this period.

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What are all those dates again? And another extension from Justice Beasley

By Jessi Thaller-Moran

I know it is difficult keeping track of all the moving dates and deadlines. For your convenience, here is a chart with all the current extensions. Below the chart is an update about Justice Beasley’s latest order pushing out state trial court proceedings into June.

 

 

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NCIC COVID-19 Response Updates

On April 2, 2020, Chief Justice Cheri Beasley issued an Order that, among other things, directed that all superior and district court proceedings be scheduled or rescheduled for a date no sooner than June 1, 2020. Shortly thereafter, the North Carolina Industrial Commission issued the following revised/updated policies regarding Deputy Commissioner hearings and mediations:

Deputy Commissioner Hearings (Non-Medical Motion Hearings)
All Deputy Commissioner hearings scheduled to be heard in April or May of 2020 will be continued to be reset on a future docket, with the exception of hearings on medical motions arising under G.S. §97-25(f) or unless the parties are notified otherwise.

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Important NC Supreme Court Cases Affecting Administrative Law Today

Today’s NC Supreme Court opinions included several that may have a direct effect on the direction, interpretation and implementation of administrative law in NC.

The Communications Committee asks for your help in this regard. We are looking for authors for blog posts that highlight the impacts of the three cases listed below, each of which includes a dissent. If you are willing to write such an article (pros-cons articles are also welcome), please contact one of the members of the committee: Ann Wall, Chair, Nick Dowgul, Michael Byrne.

Cabarrus Cty. Bd. of Educ. v. Dep’t of State Treasurer, (369PA18 – Published) Author: Justice Sam Ervin IV.
Whether the General Assembly intended to exempt by implication the Teachers’ and State Employees’ Retirement System’s Board of Trustees from rulemaking requirements pursuant to the Administrative Procedure Act, N.C.G.S. 150B, in adopting a Contribution-Based Benefit Cap pursuant to N.C.G.S. 135-5(a3).

New Hanover Cty. Bd. of Educ. v. Stein, (339A18 – Published) Author: Justice Sam Ervin IV.

Whether payments made pursuant to an agreement between the Attorney General’s Office and major hog producers constitute ‘penalties’ subject to article IX, section 7 of the North Carolina Constitution.

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Government Stimulus for the Family Lawyer – CARES ACT – Paycheck Protection Program (PPP)

By Jeremy Browner 

The COVID-19 Pandemic has changed the ability of the family law attorney to generate revenue. Stay at Home Orders and court closures have severely reduced the ability to help our clients navigate through their personal choices and North Carolina family law. In addition, our clients may be going through employment issues and have suffered a loss of income as well.

There are a number of federal legislative changes and executive orders from North Carolina Governor that may help. However, in this blog entry, I will discuss the Paycheck Protection Program.

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Paycheck Protection Program – Employer’s Cheat Sheet

By Sean Sullivan 

On Thursday night, the Treasury Department released a direct final rule implementing the Paycheck Protection Program, which authorizes most financial institutions to make federally guaranteed loans that will help small businesses (500 employees or less) to retain employees and meet their payroll obligations during the COVID-19 epidemic. The Small Business Administration intends for these loans to be forgiven if borrowers use the proceeds as the rule allows.

Below is a summary of the eligibility requirements (which are minimal), the process for determining the amount a business may borrow and the permissible uses for these loans.

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New Order Closes State Courts Through May 1 (if not June 1) For Most Business

By Kevin Stanfield and PJ Puryear

A few days ago, we provided the section an update on extensions and closures due to COVID-19. With another week comes yet another update, this by way of an Order from Chief Justice Beasley.

Pursuant to N.C.G.S. § 7A-39(b)(2), Chief Justice Beasley has issued seven emergency directives which we have summarized below. The Order itself is not long, and we highly encourage everyone to read it, to ensure your staff and firm are familiar with the changes it provides, and we also strongly encourage you to make your clients aware of how this affects not only proceedings that may be pending, but their accessibility to our state courts for the next 30 if not 60 days.

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