[Editor’s note: We appreciate the substantial contributions of John H. Griffing of Griffing Leazer, PLLC in Gastonia and Kathleen R. Rodberg of McGuire Wood & Bissette in Asheville in preparing this post for timely publication. Please look for a separate post by Kathleen R. Rodberg on guardianship changes shortly.]
[Additional Writer and Editor’s note: When assisting clients with estate planning documents this statute does not alter legal precedent requiring original wet signatures and original wet notarizations on most documents. This blog only focuses on the steps a notary would take in completing a remote video notarization when an original wet signature is required. Please reference the provisions of G.S. 10B-25(e)(1) for direction on remote video notarization when an original wet signature and original wet notarization are not required for the document.]
Attorneys from the Elder and Special Needs Law Section of the North Carolina Bar Association in collaboration with NC NAELA, other sections of the North Carolina Bar Association and its leadership, other interested parties, and the North Carolina General Assembly have been working to introduce the legislation that passed on May 2, 2020, and was signed into law by Gov. Cooper on May 4, 2020, authorizing remote notarization, remote witnessing, and execution of health care directives without witnesses during the state of emergency. There were a lot of compromises. Ultimately, we have legislation that will aid you in providing safe assistance to your clients during the COVID-19 public health crisis.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00ElderLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngElderLaw2020-05-05 06:44:532020-05-12 10:13:02Emergency Remote Notary, Witnesses and Execution of Health Care Directives Without Witnesses During Emergency
Members of the Sports & Entertainment Law (“SEL”) Section found the following recent third-party articles to be of potential interest to the Section. Feel free to reach out to the SEL Section communications chairs (Kelly Ryan and Amanda Whorton) if you would like to submit either personally written pieces or other third-party articles found that would be of interest to the entire SEL Section members.
Join the NCBA Sports and Entertainment Law Section this Thursday, May 7, 2020 at 6 p.m. for #TriviaThursdays! Prizes will be available for winners. Please RSVP by May 6, 2020 using the link below. Join us on Zoom and get to know our Council and Section members. Pour a glass of your favorite beverage, throw on your old sports jerseys or favorite band T-shirts, and get ready to answer some questions about the sports and entertainment industry! Once you RSVP, the zoom link/information will be distributed.
When | Thursday, May 7| 6-7 p.m.
Where | Zoom (both a video link and a dial-in will be available)
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00SportsandEntertainmenthttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSportsandEntertainment2020-05-04 15:34:542020-05-04 17:07:04REMINDER: SEL Section Trivia Night (Thursday, May 7, 2020)
Today, May 1, is International Workers’ Day. Though it is overlooked in the United States, this day, also referred to as “May Day,” is a public holiday in many countries around the world. It’s a day to celebrate workers and a day for workers to demonstrate and demand more rights in the workplace.
Though many of us are currently confined to our homes, May Day feels particularly relevant amidst the COVID-19 pandemic. In the last six weeks, over 30 million people have filed for unemployment benefits. Even this staggering figure falls far short of revealing the total number of unemployed Americans. As the ship sinks, companies, by and large, are throwing workers overboard. When they do so, people are left reaching for our country’s tattered safety net, which is wholly unequipped to handle something like this.
The coronavirus is laying bare the injustice of the American workplace. On some level, it’s true that we are all in this together. The virus does not care if you are rich or poor, black or white, Christian or Muslim. It does not care if you think this is all a Deep State hoax or whether you are predicting the end of the world. Anyone can be infected.
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.pngLabor2020-05-01 12:08:222020-05-01 14:32:27May Day in the Time of COVID-19: Signs of an Awakening
Many nonprofits in North Carolina are on the front lines of the COVID-19 crisis struggling to meet increased demands for their services and may not be focused on logistical problems related to having member meetings.
The North Carolina Nonprofit Corporation Act (the “Act,” as set forth in Chapter 55A of the North Carolina General Statutes) provides default rules and defines the bounds of how member and board meetings may be conducted.
Section 55A-8-20(b) of the Act already permits directors of nonprofit corporations to participate in board meetings remotely. There is no parallel in the Act’s provisions on member meetings, and in fact, Sections 55A-7-01 and -02 of the Act state that annual and special meetings of members are to be held at a “place” stated in or fixed in accordance with the corporation’s bylaws. This language suggests, but does not definitively state, that annual and special member meetings can only be held on an in-person basis and not remotely. The language creates a problem for nonprofits given the Gov. Cooper’s prior Executive Orders (and municipal orders) limiting mass gatherings during the COVID-19 crisis to no more than 10 people.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Businesshttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngBusiness2020-04-30 14:31:272020-05-04 18:51:21New North Carolina Executive Order Addresses Nonprofit Corporation Member Meetings during the COVID-19 Crisis
The NCBA YLD Diversity and Inclusion Committee has interviewed several diverse attorneys about their experiences in the law. New attorneys face many challenges, including finding mentors, fitting in, and finding their place—and diverse attorneys are no different.
Here is one diverse attorney’s perspective on how he is overcoming these challenges.
We all know that mediation relates to communication and building relationships with those around us. I have been working on a fun pandemic project with a great team of people. We have found a unique way to connect with people during these trying times. Tune in on Saturday by going to sunshinesongs.com. See details below:
SAVE THE DATE! Saturday, May 2, 6 p.m. EST!
Mediator Kate Deiter-Maradei and her friend Laura Benanti are proud to introduce the FREE #SunshineConcerts series, livestreamed to thousands of senior living communities, hundreds of children’s hospitals, and anyone interested! This event will be hosted live by Tony Award-winning singer and actor, Laura Benanti, featuring performances from our #sunshinesongs artists with live interviews with our beloved seniors and performers! . . . All information is now live on their website sunshinesongs.com. You can even print out your very own “Sunshinebill” and “ticket”! Feel free to share this information widely.
The Distinguished Practitioner and Service Award Nominating Committee is accepting nominations from now until Friday, July 31, 2020. The Award exists to recognize an employment law practitioner for “Outstanding Service, Leadership, and/or Significant Contributions to the Development of Labor and Employment Law in North Carolina.”
The Award was first given to Jon Harkavy in 2008 and was known as the Harkavy Award until last year when Jon modestly requested that his name be removed from the award. Other former recipients of the Distinguished Practitioner and Service Award are: John J. Doyle, Jr. (2009); M. Daniel McGinn (2010); Travis Payne (2012); John W. Gresham (2018); and M. Ann Anderson (2019).
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.pngLabor2020-04-28 13:10:042020-04-28 16:28:14Labor & Employment Law Section Distinguished Practitioner and Service Award
Just because we are in the middle of the COVID-19 pandemic, it doesn’t mean we forgot about Member Appreciation Month. This May, we are celebrating you for the whole month just to thank you for being a member! Member Appreciation Month is an NCBA tradition that started two years ago and will occur over the next five weeks. We hope you take advantage of all the remote resources and giveaways we have in store for you.
First, we are bringing back Free Fridays. On May 1, 8, 15, and 29, we will be teaming up with our Center for Practice Management (CPM) to provide free LinkedIn and Social Media Profile Reviews and a limited-edition workshop entitled “Build a Business Development Plan.” In this free workshop, CPM Director Catherine Sanders Reach will give insight into law firm marketing tactics. She will discuss different types of business development endeavors from websites to social media to networking to help you strategize what works for your practice. Space is limited, so be sure to register soon.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2020-04-28 12:21:492020-05-07 09:04:16May is NCBA Member Appreciation Month!
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.png00Privacy and Data Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngPrivacy and Data Security2020-04-28 09:08:142023-02-24 12:35:38Educated Users Are the Best Defense Against Phishing And Ransomware
Emergency Remote Notary, Witnesses and Execution of Health Care Directives Without Witnesses During Emergency
Elder & Special Needs LawBy Andrew Atherton
[Editor’s note: We appreciate the substantial contributions of John H. Griffing of Griffing Leazer, PLLC in Gastonia and Kathleen R. Rodberg of McGuire Wood & Bissette in Asheville in preparing this post for timely publication. Please look for a separate post by Kathleen R. Rodberg on guardianship changes shortly.]
[Additional Writer and Editor’s note: When assisting clients with estate planning documents this statute does not alter legal precedent requiring original wet signatures and original wet notarizations on most documents. This blog only focuses on the steps a notary would take in completing a remote video notarization when an original wet signature is required. Please reference the provisions of G.S. 10B-25(e)(1) for direction on remote video notarization when an original wet signature and original wet notarization are not required for the document.]
Attorneys from the Elder and Special Needs Law Section of the North Carolina Bar Association in collaboration with NC NAELA, other sections of the North Carolina Bar Association and its leadership, other interested parties, and the North Carolina General Assembly have been working to introduce the legislation that passed on May 2, 2020, and was signed into law by Gov. Cooper on May 4, 2020, authorizing remote notarization, remote witnessing, and execution of health care directives without witnesses during the state of emergency. There were a lot of compromises. Ultimately, we have legislation that will aid you in providing safe assistance to your clients during the COVID-19 public health crisis.
Read more
SEL Section Articles of Interest (April 2020)
Sports & Entertainment Law SectionMembers of the Sports & Entertainment Law (“SEL”) Section found the following recent third-party articles to be of potential interest to the Section. Feel free to reach out to the SEL Section communications chairs (Kelly Ryan and Amanda Whorton) if you would like to submit either personally written pieces or other third-party articles found that would be of interest to the entire SEL Section members.
The Legal Complications of the Tokyo 2020 Olympics Postponement
New York Sports Clubs Sued for Still Charging Gym Fees for More Than 600,000 Members Despite Coronavirus Closure
Fair Winds to Copyright Holders: States Have Sovereign Immunity from Infringement Suits
NBA May Reduce Players’ Salaries Due to COVID-19 Shutdown
Read more
REMINDER: SEL Section Trivia Night (Thursday, May 7, 2020)
Sports & Entertainment Law SectionJoin the NCBA Sports and Entertainment Law Section this Thursday, May 7, 2020 at 6 p.m. for #TriviaThursdays! Prizes will be available for winners. Please RSVP by May 6, 2020 using the link below. Join us on Zoom and get to know our Council and Section members. Pour a glass of your favorite beverage, throw on your old sports jerseys or favorite band T-shirts, and get ready to answer some questions about the sports and entertainment industry! Once you RSVP, the zoom link/information will be distributed.
When | Thursday, May 7| 6-7 p.m.
Where | Zoom (both a video link and a dial-in will be available)
RSVP | Click here.
May Day in the Time of COVID-19: Signs of an Awakening
Labor & Employment LawToday, May 1, is International Workers’ Day. Though it is overlooked in the United States, this day, also referred to as “May Day,” is a public holiday in many countries around the world. It’s a day to celebrate workers and a day for workers to demonstrate and demand more rights in the workplace.
Though many of us are currently confined to our homes, May Day feels particularly relevant amidst the COVID-19 pandemic. In the last six weeks, over 30 million people have filed for unemployment benefits. Even this staggering figure falls far short of revealing the total number of unemployed Americans. As the ship sinks, companies, by and large, are throwing workers overboard. When they do so, people are left reaching for our country’s tattered safety net, which is wholly unequipped to handle something like this.
The coronavirus is laying bare the injustice of the American workplace. On some level, it’s true that we are all in this together. The virus does not care if you are rich or poor, black or white, Christian or Muslim. It does not care if you think this is all a Deep State hoax or whether you are predicting the end of the world. Anyone can be infected.
Read more
New North Carolina Executive Order Addresses Nonprofit Corporation Member Meetings during the COVID-19 Crisis
Business LawMany nonprofits in North Carolina are on the front lines of the COVID-19 crisis struggling to meet increased demands for their services and may not be focused on logistical problems related to having member meetings.
The North Carolina Nonprofit Corporation Act (the “Act,” as set forth in Chapter 55A of the North Carolina General Statutes) provides default rules and defines the bounds of how member and board meetings may be conducted.
Section 55A-8-20(b) of the Act already permits directors of nonprofit corporations to participate in board meetings remotely. There is no parallel in the Act’s provisions on member meetings, and in fact, Sections 55A-7-01 and -02 of the Act state that annual and special meetings of members are to be held at a “place” stated in or fixed in accordance with the corporation’s bylaws. This language suggests, but does not definitively state, that annual and special member meetings can only be held on an in-person basis and not remotely. The language creates a problem for nonprofits given the Gov. Cooper’s prior Executive Orders (and municipal orders) limiting mass gatherings during the COVID-19 crisis to no more than 10 people.
Read more
An Interview With Drew Culler
Young Lawyers DivisionThe NCBA YLD Diversity and Inclusion Committee has interviewed several diverse attorneys about their experiences in the law. New attorneys face many challenges, including finding mentors, fitting in, and finding their place—and diverse attorneys are no different.
Here is one diverse attorney’s perspective on how he is overcoming these challenges.
Read more
Mediation | Communication | Connection | Concerts
Dispute Resolution SectionWe all know that mediation relates to communication and building relationships with those around us. I have been working on a fun pandemic project with a great team of people. We have found a unique way to connect with people during these trying times. Tune in on Saturday by going to sunshinesongs.com. See details below:
SAVE THE DATE! Saturday, May 2, 6 p.m. EST!
Mediator Kate Deiter-Maradei and her friend Laura Benanti are proud to introduce the FREE #SunshineConcerts series, livestreamed to thousands of senior living communities, hundreds of children’s hospitals, and anyone interested! This event will be hosted live by Tony Award-winning singer and actor, Laura Benanti, featuring performances from our #sunshinesongs artists with live interviews with our beloved seniors and performers! . . . All information is now live on their website sunshinesongs.com. You can even print out your very own “Sunshinebill” and “ticket”! Feel free to share this information widely.
Read more
Labor & Employment Law Section Distinguished Practitioner and Service Award
Labor & Employment LawThe Distinguished Practitioner and Service Award Nominating Committee is accepting nominations from now until Friday, July 31, 2020. The Award exists to recognize an employment law practitioner for “Outstanding Service, Leadership, and/or Significant Contributions to the Development of Labor and Employment Law in North Carolina.”
The Award was first given to Jon Harkavy in 2008 and was known as the Harkavy Award until last year when Jon modestly requested that his name be removed from the award. Other former recipients of the Distinguished Practitioner and Service Award are: John J. Doyle, Jr. (2009); M. Daniel McGinn (2010); Travis Payne (2012); John W. Gresham (2018); and M. Ann Anderson (2019).
Read more
May is NCBA Member Appreciation Month!
Featured Posts, Membership CommitteeJust because we are in the middle of the COVID-19 pandemic, it doesn’t mean we forgot about Member Appreciation Month. This May, we are celebrating you for the whole month just to thank you for being a member! Member Appreciation Month is an NCBA tradition that started two years ago and will occur over the next five weeks. We hope you take advantage of all the remote resources and giveaways we have in store for you.
First, we are bringing back Free Fridays. On May 1, 8, 15, and 29, we will be teaming up with our Center for Practice Management (CPM) to provide free LinkedIn and Social Media Profile Reviews and a limited-edition workshop entitled “Build a Business Development Plan.” In this free workshop, CPM Director Catherine Sanders Reach will give insight into law firm marketing tactics. She will discuss different types of business development endeavors from websites to social media to networking to help you strategize what works for your practice. Space is limited, so be sure to register soon.
Read more
Educated Users Are the Best Defense Against Phishing And Ransomware
Featured PostsRansomware 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