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REPORTER Vol. 29 l No. 3 SDParalegals.com Fall 2018 SECRETARY OF STATE: Insurance 3rd Quarter Business & Economic Data ANALYSIS DISPUTES South Dakota Reaches Settlement in REMOTE SELLER LAW LITIGATION Calendar .................................... 3 Careers ....................................18 Common Committee Reports .................. 9 GRAMMAR CP/ACP Certification ..............16 MISTAKES Grammar Check! .....................11 Judicial Appointments .............. 3 Minutes of the GOVERNOR-ELECT Semi-Annual Meeting ..............13 NOEM NALA Liaison's Report .............. 3 Announces Parablog: Insurance Disputes TRANSITION TEAM The Schmidt v. Clothier Notice ...... 8 President's Message ................. 2 Recipe ......................................19 SD Supreme Court Opinions .....5 CHANGES Tech Tips & Tricks ....................12 TO NALA'S CLE REQUIREMENTS WordFind.................................19 Effective January 1, 2019 2019 Membership Renewal Form .........................17 President’sJennifer Frederick, Message CP ello, SDPA! I hope you all had a wonderful summer. Winter is here…but the upside is it brings the holidays with it. HWe had a good turnout at the fall seminar, many by webinar. Please take a minute to review the meeting Minutes on page 14 of this issue. Some important issues discussed include approval to increase the annual fees for Active and Sustaining Members from $55 to $65, for Student $ $ $ $ Executive Committee Members from 15 to 20, and for Associate Members from 30 to 35, starting January 1, 2019. The extra funds were allocated to the Education Committee, the webinar software, and the PRESIDENT NALA Annual Meeting. Jennifer Frederick, CP [email protected] Members also voted to pass a policy concerning the conversion of the Association’s paper files to electronic format. It’s a working policy, so it may be tweaked along the way, but I think it’s a ST 1 VICE PRESIDENT great step forward for our Association. Vicki Blake, CP [email protected] Finally, our newly elected 2019-2020 officers are: Vicki Blake, CP, President; Dixie A. Bader, CLA, First Vice President; Jessi Stucke, CP, Second Vice President; Victoria A. Swenson, CP, 2ND VICE PRESIDENT Secretary; Diane Kerr, CP, Treasurer; and Autumn Nelson, CP, NALA Liaison. Jackie Schad, ACP [email protected] On another matter, it is my unfortunate duty to inform you of the resignation of Bonnie SECRETARY Woolam,from the office of SDPA Treasurer, due to time constraints. Bonnie has served in this important role since June 2017, and we appreciate her service to the Association. Cindy Schmit Victoria Swenson, CP [email protected] has accepted appointment to the office of Treasurer for the remainder of the 2018-2019 term. Thank you, Cindy, and welcome to the Executive Committee. TREASURER I hope all of you have many wonderful holiday plans in the works, and I wish you a happy and BonnieCindy Schmit, Woolam, ACP CP [email protected]@gmail.com healthy holiday season with your families! NALA LIAISON Courtney Vanden Berg, CP [email protected] It's a MISSION STATEMENT The purposes of the South Dakota Paralegal Association are: • To establish good fellowship among association members, NALA, and members of the legal community. • To encourage a high order of ethical and professional attainment. • To further education among members of the profession. • To cooperate with bar associations. • To support and carry out programs, purposes, aims, and goals of NALA. 2 SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com President’s Message NALACourtney Lia Vandenison’s Berg, CPReport s of October 2018, we have 106 active Certified Paralegals in our organization, Calling all Volunteers! and 28 Advanced Certified Paralegals. If you are 2 - 4 PM SATURDAY, DEC. 8 notA a member of NALA and would like EMPIRE MALL - SIOUX FALLS information about joining, or have questions about becoming certified, please feel free to contact me. I would be happy to help answer your questions! SDPA offers scholarships to assist members in the CP and ACP certifications. A few reminders: GIFT NALA now offers a number of new publications to its members! WRAPPING For complete details, login to the member portal! ALL PROCEEDS BENEFIT THE NALA offers live webinars for CLE credit! CHILDREN'S INN - SIOUX FALLS View the lineup here. NALA offers on-demand webinars! Course listings are available here. Calendar DECEMBER NALA offers self-study courses online, including CP studies! 7 *Social Media Investigations ....................11:00am View the course list here. Register here 7 State Bar CLE: A&N / Juvenile Law ......... 10:00am NALA’s next Annual Meeting & Seminar will be held July 11-13, 2019 in Phoenix! Ramkota - Rapid City .............................. to 5:00pm We anticipate an amazing lineup of speakers. If you have not Register here • A&N: Best Practices: Representing the Parent attended one of their conferences, I highly recommend you grab • A&N: Best Practices: Representing the Child some girlfriends and make the journey! Click here for details! • A&N: The Role of Child Protective Services (CPS) • A&N: Pediatric Forensic Interviewer: Working with Traumatized Children in the Courtroom • A&N: Panel: Best Practices / Manual FAQ • Representing Juvenile Defendants On October 3, 2018, 8 SDPA Gift Wrapping ...........................2:00-4:00pm Empire Mall - Sioux Falls Governor Daugaard appointed Sandra Hoglund Hanson to the bench in the Second Circuit. FEB-MARCH 2019 27-2 ABA TechShow ......................................Chicago, IL This appointment established the first female majority JUNE 2019 in any judicial circuit in 19-21 State Bar Convention ...........Ramkota - Rapid City the history of South Dakota. 20 SDPA Social ..................................................... TBD 21 SDPA Annual Meeting & Seminar .................... TBD Judge Hoglund Hanson was a partner Ramkota - Rapid City at Davenport, Evans, Hurwitz & Smith. She specialized in employment law and JULY 2019 civil litigation. Hoglund Hanson succeeded Mark Salter, whom 11-13 NALA Conference & Expo ................Scottsdale, AZ Daugaard appointed to the South Dakota Supreme Court earlier this year. BROOKINGS LUNCHEONS The Brookings area paralegals meet every other month. For info, email Jessica Huyck, ACP at [email protected]. *NALA Webinars, Central Time SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com SDParalegals.com SDPA'sSDPA's The Reporter The Reporter September Fall 2018 3 S.D. Reaches Settlement in Remote Seller Law Litigation PIERRE, S.D. – Governor Dennis Daugaard and Attorney General Marty Jackley announced November 9, 2018, that the State of South Dakota News from the Certifying Board has entered into a settlement agreement and stipulation of dismissal in CHANGES TO THE CLE REQUIREMENTS State of South Dakota v. Wayfair, Overstock and Newegg. The litigation, which was the result of South Dakota’s remote seller EFFECTIVE JANUARY 1, 2019 law, had been remanded to the South Dakota State Circuit Court after South Dakota received a favorable decision from the Supreme CLE for Published Articles Court of the United States. This final settlement agreement brings Certified Paralegals will be awarded three CLE hours for an individually a conclusion to all remaining issues not addressed by the United authored article of at least 1,000 words published in a legal publication States Supreme Court. in accordance with NALA Facts & Findings Editorial Guidelines (2014) The settlement removes the injunction that prevented South Dakota or similar published guidelines. from requiring the defendants to comply with the remote seller law. Hours for articles with more than one author will be awarded pro-rata Under the terms of the settlement, Wayfair, Overstock and Newegg based upon the number of authors and words. comply with the law beginning Jan. 1, 2019. “I look forward to the state’s full enforcement of its remote seller After entering three hours of CLE into your NALA account, submit the law. The work done during the September 2018 special legislative following for review to [email protected]: session allowed us to set a collection date of Nov. 1, 2018, for all • Certified Paralegal Contact Information remote sellers except for the parties to this lawsuit, who will begin • Copy of Article in Publication collecting on Jan. 1 2019,” said Governor Daugaard. • Word Count “Today’s settlement agreement is the final step in bringing sales tax fairness to our main street businesses across South Dakota by CLE for Selected Articles in Facts & Findings creating a level playing field with out-of-state retailers,” said Attorney Beginning with the September/October 2018 issue, one hour of CLE General Jackley. credit will be provided to NALA members for reading five designated The State of South Dakota also reached a settlement in American articles in a single issue of Facts & Finding and successfully completing Catalog Mailers Association and Netchoice vs. Andy Gerlach, in his a follow-up test on those articles. capacity as the Secretary of the Department of Revenue, a related In each issue, five articles will be identified as eligible for a combined lawsuit regarding the remote seller law. This litigation had been on CLE credit of *1 hour. Members can read these articles and then take hold until the South Dakota v. Wayfair case had been decided. The a short test based on what they have read. You must get at least 80% of parties have agreed to dismiss this case. the answers correct