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.

By Sarah Beth Tyrey

A Multilayered Duty of Competence

The North Carolina State Bar’s Rules of Professional Conduct mandates attorneys in this state to uphold a duty of competence in their practice. Under Rule 1.1, competence in representation “requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary.” Competent and zealous representation for an attorney’s clients is of highest priority. Monitoring changes in case law and the broader legal landscape is imperative to maintain this knowledge and skill.

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By Ketan Soni

What You Need to Know About the New Community Platform

This year, the NCBA has switched to a new online community platform. This new community platform for Sections, Divisions and Councils offers many more features than the previous system. Below is a summary of the basics and what you need to know to utilize this platform and its features.

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By Karin McGinnis

While the world was quarantining, the privacy and data security world was busy. Now the California Consumer Privacy Act is in full swing with final regulations, the U.S./EU Privacy Shield is no longer valid, and the attorney-client privilege in data breaches has been challenged. With most purchases and interactions happening online, online businesses and virtual meeting spaces are in the crosshairs. Even your old trusty vendor agreement is at risk. All of these changes have significant implications for your clients and your practice, and it is easy to feel behind the curve. Your NCBA Privacy and Data Security Committee has your back! We’ve created a full day seminar (6 MCLE credits*) to get you up to speed. You’ll get ethics and technology credit as well. And with safety in mind, the seminar will be 100% virtual. If you are one of the first 30 people to sign up, you’ll receive a $65 discount. You can sign up here.

Hope to “see” you there!

*6.00 MCLE Hours Includes 1.00 Ethics/Professional Responsibility and 1.00 Technology Training Qualifies for NC State Bar Privacy & Information Security Law Specialization

By Rachel LaBruyere

Over the past few weeks, parents all over the country let out a collective sigh of relief when the school year ended. They could relinquish their new duties as at-home [insert subject here] teacher. Meanwhile, college and graduate students sat for final exams remotely, shifted to pass/fail grading rubrics, and mourned lost graduations and rites of passage.

Educational institutions from elementary schools to law schools are now considering whether to go fully or partially online in the fall of 2020 and beyond. While privacy has long been a conversation in the education sector, data privacy and cybersecurity issues should be front and center for not only decision-makers but also educators, faculty, and administrators as they make these decisions. Data privacy and cybersecurity issues will not be new to those in the education sector, but what may be novel are all the different parties who may now have access to personal information. These include technology vendors who are not familiar with the student data regulatory landscape, as well as new sources of data as more online tools are leveraged in the distance learning environment. The shifting privacy and cybersecurity landscape makes this a daunting task even for the most tech-savvy institutions. So, where should one start? As discussed in detail below, educators and administrators should ground themselves in applicable requirements under federal and state privacy laws, conduct due diligence on all education technology vendors, and implement or update distance learning policies.

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