Our July Focus: Rights, Obligations and Legal Provisions

July 3, 2024

The July theme, “Rights, Obligations and Legal Regulations,” aims to raise awareness of the rights, ethical responsibilities and regulations governing our company’s activities.

Defamation 101 for Community Associations

by Hannah Daigle and Allen Trask, Community Association Lawyers

Associations and community boards often face scrutiny, which can sometimes result in defamation. In this article, you will learn about the scrutiny that associations and community boards face, which can sometimes result in defamation claims. You will understand what constitutes defamation, including the differences between defamation (written) and slander (oral). This article outlines the four elements required to prove defamation in North Carolina.

Understanding Grandparents’ Custody and Visitation Rights in North Carolina

by Melody King, Family Law Attorney

North Carolina law recognizes the rights of grandparents. In this article, we delve into the legal differences between custody and visitation rights for grandparents in North Carolina. It explains who is considered a “grandparent” under state law and outlines the requirements for grandparents seeking visitation rights. The article explains that grandparents can only seek visitation if custody is already being contested, and the presumption that the proper parents are acting in the best interests of the child affects those cases.

Artificial Intelligence and the Patent Filing Process: A Summary of the Potential Benefits and Risks

by Ryan Simmons, Patent Attorney and Gavin Dacier, Summer Associate

This article examines the use of artificial intelligence (AI) tools in the patent application process, describing both the opportunities and challenges they pose for intellectual property (IP) professionals and society. AI can streamline research, automate tasks, and reduce costs in patent application preparation. However, responsible use of AI is crucial. By understanding both the potential benefits and risks of AI in the patent application process, individuals can effectively leverage AI technologies to increase efficiency, enhance research capabilities, and improve service quality, while taking a cautious approach to mitigate risks.

Companies Seeking Capital – Beware of “Consultants” Who Want to Help

by BT Atkinson, Corporate Solicitor

Raising capital, especially for smaller firms just starting out in the process, involves inherent risks, especially when engaging unregistered consultants or brokers. This article examines the legal implications of doing so under the federal securities laws, emphasizing the critical importance of working with registered broker-dealers. It examines the implications of working with unregistered individuals and sheds light on the broker-dealer exemption, including the key factors that determine whether an individual is acting as a broker. In addition, it discusses the regulatory and legal risks faced by unlicensed broker-dealers and issuers, emphasizing the overriding need for compliance and caution to protect against adverse consequences in capital raising activities.

From Emerging Compounds to Forever Chemicals – Navigating the Changing Regulation and Liability of PFAS in the Environment

by Amy Wang, Environmental Counsel

This article examines the regulatory landscape surrounding perfluoroalkyl and polyfluoroalkyl substances (PFAS), highlighting their continued presence in the environment and the associated health risks. It provides a comprehensive overview of the regulatory implications for businesses, presenting evolving PFAS regulations and compliance and risk management strategies. Readers will gain valuable insight into the challenges businesses face in complying with stringent regulations, conducting thorough due diligence in real estate transactions, and mitigating the risks associated with PFAS contamination. The article offers practical steps and considerations, emphasizing the need for proactive compliance strategies, ongoing education, working with industry peers, and seeking legal counsel to effectively navigate this complex regulatory environment.

I still haven’t found what I was looking for: finding the right records

by Adam Beaudoin and Matthew Jones, Business Lawyers

This article describes the rights of members of nonprofit corporations in North Carolina to inspect and copy certain corporate documents. Members have unlimited rights of access to key documents, such as articles of association, bylaws, and financial statements, with five days’ notice, as well as limited rights to review additional records, such as board minutes, if they provide a valid reason. It also highlights similar rights of inspection for condominiums and homeowners associations and suggests that nonprofits consider voluntary disclosure to ensure transparency and trust.

Compliance: How to keep your business compliant with changing laws and regulations

by Avery Locklear, Labor and Employment Attorney

This article provides essential tips for restaurant owners and managers on how to stay compliant with changing laws and regulations.

FAQ: What Medical Practices Need to Know About Communicating with Patients by Phone and Text, Part I

by Michael Fields, Health Care Attorney

This article explains how healthcare providers can comply with HIPAA when communicating with patients. It includes leaving reminders for visits with home answering machines and family members, ensuring limited disclosure of information. It also addresses the use of mobile devices to handle electronic protected health information (ePHI), emphasizing the need for administrative, physical, and technical safeguards such as encryption, secure connections, and training for clinicians to prevent unauthorized access and data breaches.