Ransomware has been an ongoing threat to law firms for years.[1] Once impacted by this form of attack, law firms struggle with issues such as how to pay ransom, which often requires some form of cryptocurrency (e.g., bitcoin). Alternately, if the firm elects not to pay the ransom, the issue becomes how to provide continuous service to its clients while staff cannot access important files from a down computer network.
While ransomware is a more recent threat compared to other forms of malware, the delivery vehicle used for such attacks has been around for decades. Most ransomware attacks start with a phishing email. Prior to ransomware, most phishing emails captured account credentials that attackers then repurposed for spam attacks. But with the advent of ransomware, attackers found a more lucrative outlet for their “creative” ideas. Studies predict there will be a ransomware attack on businesses every 14 seconds by the end of 2019, and by 2021, it’s projected that attacks will increase to every 11 seconds.[2] Educating users not to click on phishing emails is more important than ever and is a critical first step in preventing ransomware attacks. But what is the most effective way to train users to avoid the 1.5 million new phishing sites that are created each month?[3] In addition to regular security awareness training that explains how to pick a strong password, companies should amend their training to include phishing awareness.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSecurity2020-04-15 09:19:082020-04-15 12:12:15Educated Users Are the Best Defense Against Phishing And Ransomware
On March 19, 2020, Chief Justice Beasley of the Supreme Court of North Carolina entered an order extending deadlines for filings and actions to be done in North Carolina trial courts which were set to be filed or done between March 16, 2020 and April 17, 2020. This blog summarized that order and several subsequent related orders entered by the Chief Justice and the Chief Judge of the North Carolina Business Court.
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.pngLitigation2020-04-14 13:57:042020-04-14 15:04:44Chief Justice Further Extends Deadlines for North Carolina Court Filings, Acts, and Limitations Periods
On April 13, 2020, Chief Justice Beasley issued another order further extending certain District and Superior Court filing deadlines and limitations periods into June 2020. Until this order was issued, these deadlines were set to expire this Friday, April 17, pursuant to Justice Beasley’s March 19 order. The key provisions of the latest order are below.
Extension of Time and Periods of Limitation
All pleadings, motions, notices, and other documents and papers due to be filed in any county on or after March 16, 2020 and before the close of business June 1, 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely filed if filed before the close of business on June 1, 2020.
All “other acts that were or are due to be done” in any county on or after March 16, 2020 and before the close of business on June 1, 2020 in civil actions, criminal actions, estates, and special proceedings will be timely if done before close of business on June 1, 2020.
This order does not apply to filings or acts due in the N.C. Appellate Courts.
As reiterated by Chief Business Court Judge Bledsoe’s April 14, 2020 Order, Chief Justice Beasley’s April 13, 2020 Order applies to all actions pending before the N.C. Business Court.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00CriminalJusticehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngCriminalJustice2020-04-14 13:32:062020-04-15 09:21:22Justice Beasley Continues Trial Court Deadlines into June
Stephen Bell has joined Cranfill Sumner & Hatzog LLP (CSH Law). Bell is an associate attorney in civil litigation. He has over seven years of experience litigating complex commercial matters. His practice areas are commercial litigation, as well as class actions, multi-district litigation and real property disputes. As outside counsel, Stephen has assisted businesses across the state in a number of areas, including regulatory issues. He obtained his Juris Doctorate from Wake Forest University School of Law and his undergraduate degree in Psychology from Clemson University.
Rochelle B. Mayfield has joined the Charlotte office of Eller Tonnsen Bach as of counsel. Her area of practice is workers’ compensation defense, and she has 12 years of experience in workers’ compensation litigation. Before Eller Tonnsen Bach, she practiced at Hedrick Gardner Kincheloe & Garofalo LLP in Charlotte. Her clients included employers and insurance carriers. Mayfield has served as a volunteer with Legal Aid of North Carolina and the North Carolina Bar Association’s 4All Statewide Service Day. Mayfield received her Juris Doctorate from North Carolina Central University School of Law and her Bachelor of Arts from the University of North Carolina at Greensboro.
R. Scott Tobin was named as a partner at Taylor English Duma, LLP. Tobin practices in the areas of business, finance, strategic partnerships, licensing, mergers, and acquisitions, emerging companies and venture capital, corporate and litigation. In his role as U.S. general counsel, he provides support to international companies. He has extensive experience advising clients on risk and growth opportunities during crucial moments. Tobin graduated from the University of North Carolina School of Law and UNC Chapel Hill, where he received his Bachelor of Arts degree. He serves as an Executive Committee member for the University of North Carolina School of Law Alumni Association.
I am working in my attic again. My firm has grown, but this is where it began. It is a fortress of solitude as dogs bark and kids rage in the floors beneath it. I am fielding calls from clients and answering emails like normal, but the tone has shifted. There are more calls about deals being called off and more emails about getting out of obligations or getting relief from the government. There are also more human conversations happening by Zoom, Skype, Hangouts, and Houseparty. I’m hearing more questions about individual well-being and mental health than ever before.
As we’re all adjusting to this new normal, I’m quickly realizing that practicing law from home certainly isn’t without its issues. There are the technological issues of not having your files immediately at your fingertips, the inconvenience of not having multiple screens to compare documents and the reality of one’s unflattering appearance on Zoom.
Then there’s the very real problem of wanting to eat everything in the house, not just because of its ready availability but also the urge that stress prompts. And if you’re like me, you have the added pressure of trying to homeschool two young boys that have been stuck inside for large parts of the day without their school friends to help them burn off their seemingly endless energy. But above all that, there’s the loneliness, which seems odd given the constant comings and goings of my family through my makeshift office in the dining room.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBA Bloggerhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBA Blogger2020-04-13 16:26:422020-04-13 17:07:38Loneliness in the Law
One word has been on everyone’s mind lately: Coronavirus. When will the stay-at-home orders be lifted? When can I go to the grocery store without worrying about whether I will find toilet paper? When can I go eat at my favorite restaurant again or will my favorite restaurant even be open after all of this is over?
These questions are on most Americans’ minds daily. The unknown of when this is all going to end is terrifying. There have been so many different occupations affected by this pandemic, lawyers included. Before Governor Cooper announced the statewide stay-at-home order in North Carolina, lawyers from the North Carolina State Bar and NCBA asked Governor Cooper to consider legal services “essential.” When the Order was issued on March 27, legal services were considered essential. Even so, many lawyers find themselves working at home. If you are not used to working from home, finding motivation and willpower to get work done can be challenging. There are plenty of distractions: dogs, children, outdoor projects, spring cleaning, Tiger King . . . the list goes on.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00International Practicehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngInternational Practice2020-04-13 12:59:562020-04-13 13:03:57How to Make It Work While Working from Home
Assume that an employee is fired because her employer mistakenly believes she is of Middle Eastern descent. In fact, she is not. Should she be able to state a claim under Title VII? Courts are now divided about whether Title VII protects persons who are perceived to belong to a protected class, even if the employer is mistaken in that belief. While many jurisdictions allow misperception discrimination claims, others, like the Western District of North Carolina, do not.
Perceived Protected Traits in Title VII
Title VII purports to safeguard equality in seeking and retaining employment opportunities. Some courts conclude that to achieve that goal, an employer should face liability for discrimination based on a perception that an employee is a member of a protected class, although the employee is not actually in that class. However, unlike the ADA, which defines disability as being “perceived” to have an impairment, Title VII does not explicitly protect someone who is misperceived to be a member of a protected class. This apparent ambiguity has engendered disputes among jurisdictions.
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.pngLabor2020-04-13 09:46:142020-04-13 11:03:01"Misperception Discrimination": What North Carolina Employers Need to Know
One word has been on everyone’s mind lately: Coronavirus. When will the stay-at-home orders be lifted? When can I go to the grocery store without worrying about whether I will find toilet paper? When can I go eat at my favorite restaurant again or will my favorite restaurant even be open after all of this is over?
These questions are on most Americans’ minds daily. The unknown of when this is all going to end is terrifying. There have been so many different occupations affected by this pandemic, lawyers included. Before Governor Cooper announced the statewide stay-at-home order in North Carolina, lawyers from the North Carolina State Bar and NCBA asked Governor Cooper to consider legal services “essential.” When the Order was issued on March 27, legal services were considered essential. Even so, many lawyers find themselves working at home. If you are not used to working from home, finding motivation and willpower to get work done can be challenging. There are plenty of distractions: dogs, children, outdoor projects, spring cleaning, Tiger King . . . the list goes on.
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 YLD2020-04-13 09:17:542020-04-13 09:43:44How to Make It Work While Working from Home
As I look out the window from my home office, the waters on Masonboro Sound are soothingly calm. There is no hint of the worldwide pandemic raging around us, but then I think back to the email I received last Friday from the wife of a client I had last seen at the end of February. Her life has been turned upside down by her husband’s untimely passing from COVID-19. It’s a lot to digest, and as lawyers, we are dealing with our own situations as well as those of our clients.
Yesterday, I participated in a zoom call with NCBA President, LeAnn Nease Brown, NCBA Executive Director, Jason Hensley, and other bar leaders and section chairs. Our discussion centered on what the NCBA is and can be doing right now for you, its members. Toward that end, I encourage you to visit the NCBA website if you are in need of any COVID-19 resources or updates. The bar is doing an excellent job of staying on top of things, and there is a link that takes you to a lot of useful information.
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.pngACBD2020-04-09 17:33:572020-04-09 18:11:03A Message From the Chair
Educated Users Are the Best Defense Against Phishing And Ransomware
Privacy and Data SecurityRansomware has been an ongoing threat to law firms for years.[1] Once impacted by this form of attack, law firms struggle with issues such as how to pay ransom, which often requires some form of cryptocurrency (e.g., bitcoin). Alternately, if the firm elects not to pay the ransom, the issue becomes how to provide continuous service to its clients while staff cannot access important files from a down computer network.
While ransomware is a more recent threat compared to other forms of malware, the delivery vehicle used for such attacks has been around for decades. Most ransomware attacks start with a phishing email. Prior to ransomware, most phishing emails captured account credentials that attackers then repurposed for spam attacks. But with the advent of ransomware, attackers found a more lucrative outlet for their “creative” ideas. Studies predict there will be a ransomware attack on businesses every 14 seconds by the end of 2019, and by 2021, it’s projected that attacks will increase to every 11 seconds.[2] Educating users not to click on phishing emails is more important than ever and is a critical first step in preventing ransomware attacks. But what is the most effective way to train users to avoid the 1.5 million new phishing sites that are created each month?[3] In addition to regular security awareness training that explains how to pick a strong password, companies should amend their training to include phishing awareness.
Read more
Chief Justice Further Extends Deadlines for North Carolina Court Filings, Acts, and Limitations Periods
Litigation SectionBy Jacob Morse
On March 19, 2020, Chief Justice Beasley of the Supreme Court of North Carolina entered an order extending deadlines for filings and actions to be done in North Carolina trial courts which were set to be filed or done between March 16, 2020 and April 17, 2020. This blog summarized that order and several subsequent related orders entered by the Chief Justice and the Chief Judge of the North Carolina Business Court.
Read more
Justice Beasley Continues Trial Court Deadlines into June
Criminal JusticeDaniel Adams
Kasi Robinson
By Daniel Adams and Kasi Robinson
On April 13, 2020, Chief Justice Beasley issued another order further extending certain District and Superior Court filing deadlines and limitations periods into June 2020. Until this order was issued, these deadlines were set to expire this Friday, April 17, pursuant to Justice Beasley’s March 19 order. The key provisions of the latest order are below.
Extension of Time and Periods of Limitation
Read more
Checking In: April 14, 2020
Checking InBy Jessica Junqueira
Statewide Promotions and Hires
Rochelle B. Mayfield has joined the Charlotte office of Eller Tonnsen Bach as of counsel. Her area of practice is workers’ compensation defense, and she has 12 years of experience in workers’ compensation litigation. Before Eller Tonnsen Bach, she practiced at Hedrick Gardner Kincheloe & Garofalo LLP in Charlotte. Her clients included employers and insurance carriers. Mayfield has served as a volunteer with Legal Aid of North Carolina and the North Carolina Bar Association’s 4All Statewide Service Day. Mayfield received her Juris Doctorate from North Carolina Central University School of Law and her Bachelor of Arts from the University of North Carolina at Greensboro.
R. Scott Tobin was named as a partner at Taylor English Duma, LLP. Tobin practices in the areas of business, finance, strategic partnerships, licensing, mergers, and acquisitions, emerging companies and venture capital, corporate and litigation. In his role as U.S. general counsel, he provides support to international companies. He has extensive experience advising clients on risk and growth opportunities during crucial moments. Tobin graduated from the University of North Carolina School of Law and UNC Chapel Hill, where he received his Bachelor of Arts degree. He serves as an Executive Committee member for the University of North Carolina School of Law Alumni Association.
Read more
SEL Chair’s Comments
Sports & Entertainment Law SectionI am working in my attic again. My firm has grown, but this is where it began. It is a fortress of solitude as dogs bark and kids rage in the floors beneath it. I am fielding calls from clients and answering emails like normal, but the tone has shifted. There are more calls about deals being called off and more emails about getting out of obligations or getting relief from the government. There are also more human conversations happening by Zoom, Skype, Hangouts, and Houseparty. I’m hearing more questions about individual well-being and mental health than ever before.
Read more
Loneliness in the Law
Featured PostsAs we’re all adjusting to this new normal, I’m quickly realizing that practicing law from home certainly isn’t without its issues. There are the technological issues of not having your files immediately at your fingertips, the inconvenience of not having multiple screens to compare documents and the reality of one’s unflattering appearance on Zoom.
Then there’s the very real problem of wanting to eat everything in the house, not just because of its ready availability but also the urge that stress prompts. And if you’re like me, you have the added pressure of trying to homeschool two young boys that have been stuck inside for large parts of the day without their school friends to help them burn off their seemingly endless energy. But above all that, there’s the loneliness, which seems odd given the constant comings and goings of my family through my makeshift office in the dining room.
Read more
How to Make It Work While Working from Home
International Law, International Law & Practice, International PracticeOne word has been on everyone’s mind lately: Coronavirus. When will the stay-at-home orders be lifted? When can I go to the grocery store without worrying about whether I will find toilet paper? When can I go eat at my favorite restaurant again or will my favorite restaurant even be open after all of this is over?
These questions are on most Americans’ minds daily. The unknown of when this is all going to end is terrifying. There have been so many different occupations affected by this pandemic, lawyers included. Before Governor Cooper announced the statewide stay-at-home order in North Carolina, lawyers from the North Carolina State Bar and NCBA asked Governor Cooper to consider legal services “essential.” When the Order was issued on March 27, legal services were considered essential. Even so, many lawyers find themselves working at home. If you are not used to working from home, finding motivation and willpower to get work done can be challenging. There are plenty of distractions: dogs, children, outdoor projects, spring cleaning, Tiger King . . . the list goes on.
Read more
“Misperception Discrimination”: What North Carolina Employers Need to Know
Labor & Employment LawAssume that an employee is fired because her employer mistakenly believes she is of Middle Eastern descent. In fact, she is not. Should she be able to state a claim under Title VII? Courts are now divided about whether Title VII protects persons who are perceived to belong to a protected class, even if the employer is mistaken in that belief. While many jurisdictions allow misperception discrimination claims, others, like the Western District of North Carolina, do not.
Perceived Protected Traits in Title VII
Title VII purports to safeguard equality in seeking and retaining employment opportunities. Some courts conclude that to achieve that goal, an employer should face liability for discrimination based on a perception that an employee is a member of a protected class, although the employee is not actually in that class. However, unlike the ADA, which defines disability as being “perceived” to have an impairment, Title VII does not explicitly protect someone who is misperceived to be a member of a protected class. This apparent ambiguity has engendered disputes among jurisdictions.
Read more
How to Make It Work While Working from Home
Young Lawyers DivisionOne word has been on everyone’s mind lately: Coronavirus. When will the stay-at-home orders be lifted? When can I go to the grocery store without worrying about whether I will find toilet paper? When can I go eat at my favorite restaurant again or will my favorite restaurant even be open after all of this is over?
These questions are on most Americans’ minds daily. The unknown of when this is all going to end is terrifying. There have been so many different occupations affected by this pandemic, lawyers included. Before Governor Cooper announced the statewide stay-at-home order in North Carolina, lawyers from the North Carolina State Bar and NCBA asked Governor Cooper to consider legal services “essential.” When the Order was issued on March 27, legal services were considered essential. Even so, many lawyers find themselves working at home. If you are not used to working from home, finding motivation and willpower to get work done can be challenging. There are plenty of distractions: dogs, children, outdoor projects, spring cleaning, Tiger King . . . the list goes on.
Read more
A Message From the Chair
Antitrust & Complex Business Disputes LawAs I look out the window from my home office, the waters on Masonboro Sound are soothingly calm. There is no hint of the worldwide pandemic raging around us, but then I think back to the email I received last Friday from the wife of a client I had last seen at the end of February. Her life has been turned upside down by her husband’s untimely passing from COVID-19. It’s a lot to digest, and as lawyers, we are dealing with our own situations as well as those of our clients.
Yesterday, I participated in a zoom call with NCBA President, LeAnn Nease Brown, NCBA Executive Director, Jason Hensley, and other bar leaders and section chairs. Our discussion centered on what the NCBA is and can be doing right now for you, its members. Toward that end, I encourage you to visit the NCBA website if you are in need of any COVID-19 resources or updates. The bar is doing an excellent job of staying on top of things, and there is a link that takes you to a lot of useful information.
Read more