New North Carolina Executive Order Addresses Nonprofit Corporation Member Meetings during the COVID-19 Crisis

By Peter Mattocks

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.

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An Interview With Drew Culler

Collins, a person with red hair, wears a red blouse and black jacket.By Collins Saint

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.

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Mediation | Communication | Connection | Concerts

By Kate Deiter-Maradei

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.

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Labor & Employment Law Section Distinguished Practitioner and Service Award

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).

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May is NCBA Member Appreciation Month!

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By Alejandra Villegas

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.

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Educated Users Are the Best Defense Against Phishing And Ransomware

By Eva Lorenz 

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.

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Providing Pro Bono Services While Practicing Social Distancing Could Not Be Easier

By Anthony P. DeRosa

As the COVID-19 pandemic continues to affect hundreds of thousands of individuals in North Carolina, the need for attorneys to engage in pro bono legal services is even greater than before.  The North Carolina Pro Bono Resource Center provides a number of legal resources for pro bono attorneys to ensure that those impacted by COVID-19 have access to appropriate legal services. For those of us who want to provide pro bono services, while still practicing social distancing, Legal Aid of North Carolina and the North Carolina Bar Foundation offer two great programs that allow attorneys to provide remote pro bono services from their own home: Lawyer on the Line and NC Free Legal Answers.

Lawyer on the Line: through Legal Aid of North Carolinas Lawyer on the Line Program, clients receive answers to legal questions over the course of just one or two phone calls, and the advice provided during these calls informs the client’s decision on how to proceed pro se. Lawyer on the Line cases typically take about an hour of the attorney’s time, though it can vary depending on the area of law and complexity of the issue. Attorneys control how often they will receive Lawyer on the Line referrals and their level of involvement in each case.

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Still Standing: COA Declines The Opportunity To Change Standing Requirements

By Nick Tosco  

In reading the most recent Court of Appeals decision on standing in North Carolina, Hoag v. Pitt County (19-826 – Unpublished), I’m reminded of Elton John’s hit “I’m Still Standing.” It seems like there is a new challenge to the standing requirements in North Carolina on a regular basis, and yet the appellate courts consistently hold the line on the requirement to allege special damages that are distinct from the rest of the community in a particularized and supportable way. In Hoag, the Court declined the opportunity to knock down the standing barrier. This requirement is very much “still standing  . . . yeah, yeah, yeah.”

It might seem unnecessary to write about an unpublished case handed down by the Court of Appeals, but I think Hoag is more about what the COA didn’t say than what it did say (or publish). The Court had the opportunity to loosen the pleading requirements for standing, but it decided the rule works well and no new precedent was necessary in this case.

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OSHA Releases COVID-19 Guidance for the Construction Workforce

By Jonathan Massell 

As we have all witnessed, the COVID-19 situation remains incredibly fluid and presents unique challenges to the construction industry, which has been deemed an essential business in the Carolinas. On April 21, 2020, OSHA issued an alert containing COVID-19 safety guidance that is specifically directed to the construction industry. A copy of the one page OSHA alert can be viewed here: https://www.osha.gov/Publications/OSHA4000.pdf.

It is imperative that construction professionals review the OSHA guidance and ensure that they are taking all necessary steps to comply. This is important not only for protecting the health and safety of construction workers and the general public, but also for avoiding a possible OSHA violation for failure to adhere to its COVID-19 safety guidance. As many in the industry know, OSHA’s General Duty clause is very broadly enforced. Though current supply shortages of PPE and various cleaning materials present obstacles to compliance, construction professionals should do their best to follow the OSHA guidance by using the resources they have available. As an additional step, we recommend that construction professionals print out and post the linked OSHA guidance at their jobsites and office locations as a visual reminder to their workers of the steps necessary to keep themselves and the general public safe.

2020 Legal Feeding Frenzy Update and Award Winners

This year’s N.C. Legal Feed Frenzy raised $151,083.00, equivalent to 604,332 pounds of food. A total of 60 teams participated.

Thanks to Feeding the Carolinas, all online processing fees were covered and 100 percent of the donations went directly to our local food banks. With these funds, food banks are assisting families affected by COVID-19, many of whom previously have not needed food bank support.

On top of their normal operations, the food banks are distributing food to their disaster relief partner agencies including schools, local Meals on Wheels, food pantries, shelters, and senior support groups.

Please see this special thank you from Feeding the Carolinas Executive Director Mike Darrow.

On Thursday afternoon, April 23, N.C. Attorney General Josh Stein, honorary chair and a member of the NCBA, presented the awards live on Facebook. Plaques will be mailed to the recipients. The awards are made possible by the generous funding of the North Carolina Bar Foundation Endowment.

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