Privacy and Data Security Section Updates and Library How-To

By Taylor Ey

Hello, section members!

Happy spring! We are beginning to add resources to our online library, including recordings of two recent discussions from last week: (1) the joint YLD/PDS specialist discussion from March 16, “Becoming a Privacy Law Specialist: Exploring NC’s Newest Legal Specialization,” and (2) the Fireside Chat from March 17, “Managing Third-Party Privacy and Security Risks.”

We invite you to review the materials if you weren’t able to join or to revisit the materials at your leisure.

Here is a reminder of how to navigate the library.

How Do I Access the Library?

  1. Click on “Communities.”
  2. Scroll and find your community.
  3. Click on the “Library” tab.

How Do I Find Content in the Library?

  1. On the left side under folders, you will see varying folders.
  2. When you click on a folder, the contents of the folder will pop up on the right side under “Folder Contents.”
  3. To open a document, double click on any document.
  4. Click “Download” under the attachment name.
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Using Collaborative Law to Resolve Business Disputes – It’s Not Just for Divorce Anymore!

By Lisa P. Sumner

Disputes between members of a family-owned or closely-held business or parties to a long-standing business relationship are similar to divorces in many ways – emotions run high and the parties may need to keep working together, like it or not. Instead of the best interests of the children, the common goal could be to keep a business that’s lasted for three generations alive or finish a construction project that will no longer be economically viable if one party pulls out and heads to court.

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NCBA Government & Public Sector Section Summer Scholarship

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By R. Wyatt Bland

I would like to thank the North Carolina Bar Association Government & Public Sector Section for awarding me with a $500 scholarship to supplement my living expenses during my internship with the Wake County District Attorney’s Office. I applied for the scholarship this past summer by submitting my resume and a cover letter about my passion for public service.

I strive to live a life of service and make a difference. That goal is why I joined the North Carolina Army National Guard in high school. While attending East Carolina University, I followed my passion for service by striving to embody the university motto of “Servire” – “To Serve” – through various service roles within the Student Government Association and the Student Conduct Board. In my first year as a student representative, I sponsored more legislation than any other member, which led to positive changes in my community, ranging from healthier options at the dining hall to the installation of a crosswalk at a local intersection. I continued to serve in law school as the NCBA Student Representative and vice president, managing partner for the Veterans Pro Bono Project, and editor in chief of the Campbell Law Observer. As the managing partner for the Veterans Pro Bono Project, I led the transition from a project that lacked direction and opportunities to a project now approved by the faculty and Dean to provide pro bono discharge upgrade services.

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Another Twist to the Legality of Mandatory COVID-19 Vaccination Policies

By Joe Murray

While we’re all aware of the EEOC’s position on employers implementing mandatory COVID-19 vaccination policies — if not, take a minute to read the EEOC’s guidance — be aware that other laws may affect these policies. Specifically, because the current vaccines are authorized under emergency use authority, and not full FDA approval, there may be limits on the use of the vaccines.

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SolarWinds – What Do We Know and What Can We Learn From It?

By Eva Lorenz and Taylor Ey

SolarWinds made a name for itself as the developer of tools for network monitoring that help small and large companies efficiently run their environment. While not a security-focused company from a product standpoint, the understanding was that the code behind SolarWinds’ tools was protected as intellectual property and that updates were safe to run until it turned out that both of these assumptions were wrong.

How Was the Compromise Detected?

In late 2020, FireEye, a company focused on cybersecurity and internationally involved in helping companies post cyber incident, detected some unusual activity on the FireEye network. FireEye detected it was hacked after the attackers tried to register a device to FireEye’s multi-factor authentication system using stolen credentials. The system then notified the employee, whose credentials were stolen, and alerted the FireEye security team of this new device. This notice triggered an internal investigation to learn who was trying to register this device. FireEye performed in-depth code analysis and determined that the intrusion originated with a SolarWinds product called Orion. Some analysts believe that attacking FireEye was a mistake by the attackers since it sped up detection of the SolarWinds hack.
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‘The Work of Restoration,’ a CLE for Every Lawyer on Earth Day

By Terri Jones

As we enter our second year of COVID-19, let’s move from pivoting and the new normal to restoring ourselves, the legal profession, government employees, civil society, and ultimately the Earth.

Join us on April 22, 2021 via live webcast as the NCBA Government & Public Sector Section holds its annual CLE program. This program qualifies for 6.50 MCLE credit hours for North Carolina, including 1.50 for ethics/professional responsibility, 1.0 for substance abuse/mental health, and 1.0 for technology training.

During this program, hear from a great lineup of experts in their fields and attorneys at all levels of government as they focus on facing problems and the work of restoration.

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Making Sense of the Current State of International Law

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On Thursday, March 25, 2021, the International Practice Section will hold a CLE covering a spectrum of topics including the state of U.S. immigration law, digital solutions to cross-border protection and data transfer issues, international arbitration developments, rules concerning product origin and domestic content, and the transition to LIBOR. To register, please click here.

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Interstate Compacts and Universal Licensure Recognition Laws

By Nahale Freeland Kalfas

The North Carolina General Assembly (NCGA) has recently enacted the Audiology and Speech-Language Pathology Compact (ASLP-IC), Psychology Interjurisdictional Compact (PsyPact) and is already a member of the Nurse Licensure Compact (NLC) and Physical Therapy Compact (PT Compact). NCGA has also introduced the Occupational Therapy Compact (OT Compact) and anticipates introduction of other Interstate Compact bills in the Allied Health fields. Accordingly, an understanding of the differences between Interstate Compacts and Universal Licensure Recognition Laws (previously introduced in the NCGA) bears clarification and is essential for administrative lawyers working with Occupational Licensing Boards. The Council of State Governments’ National Center for Interstate Compacts has created a virtual pamphlet to help explain these differences. Please see the virtual pamphlet here for information on common misunderstandings with stakeholders, legislators and attorneys alike as to the differences between the two vehicles for increased licensure portability and access to care.

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Limited Licensing Proposal – Watch the Presentation to the State Bar on March 23, 2021

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Neither the North Carolina Bar Association nor the NCBA Paralegal Division has taken an official position on this issue.

On Jan. 22, 2021, the North Carolina Justice for All Project (NCJ4AP) team submitted a proposal to the North Carolina State Bar and the North Carolina Supreme Court seeking changes to N.C.G.S. § 84 (Unauthorized Practice of Law) to allow unlicensed law school graduates and qualified paralegals to provide limited legal services to low- and moderate-income North Carolinians. The proposal contemplates completion of certain requirements (e.g., examination, certification, education, experience) prior to licensing.

The documents submitted include the following:

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Checking In: March 15, 2021

Samantha Hovaniec Joins Brooks Pierce

Samantha Hovaniec is now an associate at Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, and she will work in the Raleigh office. Hovaniec practices transactional law and represents businesses in corporate matters: mergers and acquisitions, corporate governance, and equity and debt financing. She graduated from the University of North Carolina at Chapel Hill with a B.A. in political science and economics and from UNC School of Law with a J.D.

Cranfill Sumner LLP (CSH Law) Welcomes Joan Welborn

Cranfill Sumner LLP (CSH Law) welcomes Joan Welborn, who is now a paralegal in the Raleigh office. She will work with the firm’s Workers’ Compensation Practice Group. Welborn has previous experience in employment and family law, as well as workers’ compensation defense. She received her paralegal certificate from the University of North Carolina at Chapel Hill. Welborn earned a B.S. in business administration, management and organizational development from Mount Olive College and an MBA in human resource management from Strayer University.

Ragsdale Liggett Names Murray Partner

Ragsdale Liggett recently welcomed Paula Murray as the newest partner in the firm. Murray joined the firm in 2016 and practices in the Residential Real Estate Group. Her skills have been recognized in peer-reviewed publications including Best Lawyers in America “Ones to Watch,” Super Lawyers Rising Stars, and Business North Carolina magazine Legal Elite editions. Murray is a 2007 graduate of Meredith College, where she earned a B.A. in political science with a concentration in law and justice. She is a 2011 graduate of Campbell Law School. Murray resides in Raleigh with her husband and daughter.
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