JAIME H. DAVIS A Year And A Day Asekesai Arnette Harris The Way Home Joe Tunstall A t to r n e y o f t h e M o n t h The Plaintiff Side of the v.CRAIG PETRONELLA IT Cybersecurity and NIST Compliance Expert GIVE US $500 AND YOUR PERMISSION AND WE’LL HACK YOU BEFORE THEY DO. GUARANTEED. Security Risk Assessments & Penetration Testing, Giving You the Peace of Mind Knowing Your Network Security is Safe. Call 877.468.2721 or visit PetronellaTech.com/500 As Seen On TV: Craig and his team made the entire process easy and the results were amazing! - Nathan Forshey, Raleigh Divorce Law Firm Check Your Website For Gaps and Vulnerabilities Check Your Cybersecurity Maturity and Landscape Identify Vulnerabilities Provide a Blueprint For Fixes $5002019 Presidents’ Award Recipient | Wake County Bar Association and the Tenth Judicial District Bar North State empowers bankers with the knowledge, independence and flexibility needed to create custom banking solutions. We tailor our products to fit your firm’s unique needs. Sharon Moe Downtown Raleigh Market President ” “ 919.645.2755 • SMoe@NorthStateBank.com NMLS# 1230295 *Includes heavy hors d’oeuvres, live & silent auctions & more. SummerSalute .com Saturday, May 2 @ 7 p.m. North Ridge Country Club The Embers with Craig Woolard Featuring Tickets $100* $35 of which is tax deductibleKen Minniti PRESIDENT & CEO Howard LaGraffe VICE PRESIDENT Caitlin Keniston EDITOR Robert Friedman NC TRIANGLE PUBLISHER Susan Cushing Veronica Jauregui ASSISTANT EDITOR Jaqueline Dávila GRAPHIC DESIGN Brian Craig Craig Petronella G. Henry Temple CONTRIBUTING EDITORS Headshots and Corporate Bill Goode Photography David Moore Joe Reale PHOTOGRAPHY FROM THE Publisher Attorney at Law Magazine is published by: Target Market Media Publications Inc. Columns authored by local attorneys and feature stories about local attorneys or law firms were solicited by this magazine and paid for but the attorney’s law firm or the attorney. Copyright ©2020, Target Market Media all rights reserved. Reproduction in whole or part is strictly prohibited. Advertising rates on request. Bulk third class (standard) mail. Although every precaution is taken to ensure accuracy of published materials, Attorney at Law Magazine & Target Market Media cannot be held responsible for opinions expressed or facts supplied by authors. Corporate Office : 5828 North 7th Street, Suite 200 Phoenix, AZ 85014 Phone (480) 219-9716 www.tmmpublications.com • info@tmmpublications.com SCONC JUSTICE MARK DAVIS AUTOGRAPHING A COPY OF HIS BOOK FOR PUBLISHER BOB FRIEDMAN. Northern Alabama | Atlanta | Chicago | Dallas | Ft. Lauderdale Jacksonville | Los Angeles | Miami | Minnesota North Carolina Triangle | Ohio | Philadelphia | Phoenix | San Antonio Salt Lake City | Middle Tennessee | Washington D.C. “Life is like a box of chocolates; you never know what you’re gonna get.” – Forrest Gump. ... And so it was when I sat down for our interview for a cover story with Joe Tunstall. We covered a lot of topics, but when he explained how he han- dles the “Plaintiff Side of the v.,” I wrote it in big letters in my notes as the headline and the spine for his story. If you’ve ever closed on a home, you know what a nerve- wracking experience it can be. Raleigh residential real estate lawyer Asekesai Arnette Harris said she has to be the “calmest person in the room” during a closing, as you will read in, “The Way Home” This issue is the ersatz New York Times Book Review as we take a look at new books by Raleigh divorce lawyer Jamie H. Davis entitled, “A Year and A Day, Divorce Without Destruc- tion” and SCONC Justice Mark Davis’s book entitled, “A War- ren Court of Our Own: The Exum Court and the Expansion of Individual Rights in North Carolina.” I trust you will enjoy reading this issue. Bob Friedman EXECUTIVE PUBLISHER (703) 868-1272 RFRIEDMAN@ATTORNEYATLAWMAGAZINE.COM ATTORNEY AT LAW MAGAZINE · NORTH CAROLINA TRIANGLE VOL. 8 NO. 1 410 18 166 TABLE OF Contents 6 Jaime H. Davis Divorce Lawyer of the Month 9 CSI Cybersecurity: Your Client Was Hacked, Now What? By Craig Petronella 10 Anthony Taibi Understanding People and Their Business 11 Carolina Tax Resolutions No Magic – Just Honest and Conscientious Service 13 Understanding the SECURE Act By Patrick H. Yanke, CFP 15 Are Potential Client Leads Being Hijacked from Your ‘Contact Us’ Page? By Brian Craig 16 Asekesai Arnette Harris Real Estate Attorney of the Month 18 Joe Tunstall Attorney of the Month 23 Automobile Airbags: Injuries from Faulty Deployment By G. Henry Temple 24 The Exum Court Was Like The 1927 Yankees Bob Friedman reviews the new book by SCONC Justice Mark Davis 25 Legal Innovators Seal Software 30 The Green Chair Project Changing Lives in the Triangle SPECIAL SECTIONS 8 Campbell Law Event Spotlight 12 Feeding Frenzy Event Spotlight 26 Out on the Town 28 Talk of the Town AttorneyAtLawMagazine.com 5“In North Carolina, couples have to be separated for a year and a day before they can file for divorce. So that’s the starting point for the book,” said Raleigh divorce law- yer Jaime H. Davis. Her just-published book is entitled A Year and a Day: Divorce without Destruction. (Spark Publications). “It’s during that year that important deci- sions need to be made about the finances, about custodial schedules, and all sorts of things. Hopefully, a year and a day after the parties separate, they will have amicably sepa- rated their finances and determined a custo- dial schedule while not destroying their fam- ily relationships in the process,” said Davis. The idea for the book came from Davis’s eponymous podcast she’s been hosting since 2017. She wanted to combine topics from the podcast plus other information into a book for people who are considering divorce, as well as therapists, accountants, and other pro- fessionals who work with divorcing couples. “It is a good reference guide, because it pro- vides a general overview of the law, as well as some tips for how you can navigate the pro- cess, and it provides a bit of self-help,” said Davis. “Maybe the person has been told by their spouse that the spouse wants to separate, or maybe they haven’t been married at all, but they’re dealing with some child custody is- sues. Either way, this book can be a good re- source.” “There is a chapter about self-care, specifi- cally, and things that you can do to take care of yourself emotionally while you’re going through the process. Divorce is a legal pro- cess, but it also has some highly emotional as- pects to it, and it’s important to make sure that you are caring for your mental and emotional health,” explained Davis. “One of the goals of the book is to provide an individual with enough information to know what questions they should consider asking when they meet with a divorce lawyer. My advice remains to talk to a lawyer, because every situation is different. Don’t try to do this on your own.” NOT “WAR OF THE ROSES” The book opens with a reference to the 1989 movie “War of the Roses,” in which a divorcing couple, played by Kathleen Turner and Michael Douglas, set out to win at all DIV OR CE LA WYER OF THE MONTH JAIME H. DAVIS A YEAR AND A DAY WRITTEN BY BOB FRIEDMAN PHOTOGRAPHY BY JOE REALE AND HEADSHOTS AND CORPORATE IT’S NOT ABOUT WINNING. IT’S NOT ABOUT YOU. IT REALLY IS ABOUT WHAT IS BEST FOR YOUR CHILDREN. I TELL CLIENTS QUICK ISN’T ALWAYS RIGHT. THE GOAL IS TO GET IT DONE CORRECTLY.” JOE REALE ATTORNEY AT LAW MAGAZINE · NORTH CAROLINA TRIANGLE VOL. 8 NO. 1 6costs and destroy one another. “But it doesn’t have to be this way. Divorce doesn’t have to be destructive,” writes Davis. “When it comes to child custody issues, it’s not about winning. It’s not about you. It really is about what is best for your children. I tell clients quick isn’t always right. The goal is to get it done correctly.” Davis is a partner at Gailor Hunt Jenkins Davis Taylor & Gibbs, PLLC. The Raleigh native said she knew in fifth grade she wanted to be a law- yer. During her second year at UNC School of Law, she found family law to be her calling. Davis focuses her practice on complex equitable distribution cases typically involving cases where one of the spouses is a business owner. She also handles high-conflict child custody cases, interstate relocation cases, premarital agreements, post- nuptial agreements, and separation agreements. Davis is certified by the North Carolina Dispute Resolution Commission as a Family Financial Mediator and often serves as a volun- teer mediator for Wake County Fam- ily Court. “I like being able to help my clients. I also like dealing with the business side of family law,” said Davis. “I enjoy the opportunity that family law gives me to touch on different areas of the law dealing with contracts, corporate issues or trust and estate issues. There are so many different areas of law that family law encompasses.” “I believe my job is to be my clients’ guide and to help them through this process with the understanding that they are going through one of the most emotionally difficult times of their lives. Folks say that next to the death of a loved one, a divorce is one of the most difficult things that a per- son will endure in their life. I try to be mindful of that fact while helping my clients make the best decisions for themselves and their families.” “I treat every client the way I would want a lawyer to treat my mother or father if they walked into a lawyer’s office,” said Davis. “I describe my approach as smartly aggressive, and what I mean by that is I am willing to go to court when I need to advo- cate for my client. But at the same time, I am very pragmatic and I want to reach a practical solution for my client outside of court if possible. It’s not about winning, it’s about fixing what’s broken.” A UNIQUE PERSPECTIVE Jaime Davis and her first husband divorced several years ago. At the time, she had very young children. Davis is now remarried and has a blended family. “Having gone through a separation and divorce myself gives me a unique perspective when I’m working with my clients,” said Davis. “I can talk to them about the pros and cons of a particular custody schedule and how that schedule might work for their family. It also taught me the impor- tance of putting the children first. Just do whatever is best for them and the rest of it will fall into place.” Davis found an unexpected divi- dend from doing the research for the book and listening to previous pod- casts. “Writing this book required me not only to think about the law, but it reminded me of the human aspect of divorce and family law. I talk to my clients about their problems, and I try to help them. Part of being a lawyer is being a counselor, so it’s always good to step back and take a look at the sit- uation from the client’s perspective.” Copies of A Year and a Day: Divorce without Destruction can be purchased from Barnesandnoble.com, Amazon. com, and Jaimehdavis.com GAILOR HUNT JENKINS DAVIS TAYLOR & GIBBS, PLLC. 1101 Haynes St. Suite 201 Raleigh, NC 27604 (919) 832-8488 www.divorceistough.com AttorneyAtLawMagazine.com 7GROW YOUR FIRM LegalScapes specializes in SEO for successful law firms and attorneys who are looking to grow their firm to the next level. Is that you? Call us today at 919-825-1050 or email hello@legalscapes.com to start the conversation. EVENT SPOTLIGHT VOTING RIGHTS CAMPBELL HOSTS VOTING RIGHTS SEMINAR Over 200 lawyers and law stu- dents attended a symposium at Campbell Law School in Febru- ary entitled, “2020 Vision: A Look At Voting Rights in North Carolina.” Ses- sions discussed NC’s Voter ID amend- ment, gerrymandering and voting rights for former felons. The keynote speakers were Michael Spencer and Vashti Hinton-Smith of Common Cause of NC who spoke about voting rights for African-Americans in NC.A business client contacts your law firm and says their infor- mation system was hacked or breached, and they need to pursue legal action. The first step is proving that a crime occurred and how it oc- curred. Think CSI: Cybersecurity. CRIME SCENES There are different entry points for a cybercriminal and different things that happen. Hackers have a variety of motives, and they’re looking for low-hanging fruit. The entry point is where the crime scene begins. Maybe one of your client’s employ- ees was sitting in the airport work- ing for 30 minutes checking e-mails. Three months later, they realize that some type of breach occurred, and it may have happened at the airport. That’s how this stuff happens fre- quently. An employee of your client may have gotten tricked with a phishing e-mail and provided their credentials. This is where digital forensics comes in. I’ve seen certain cases where the hackers will then spy on the e-mails and look for keywords like “wire transfer,” “checking” or “ACH.” They then intercept the transaction and hi- jack the money. There could be zero-day malware that’s installed in your client’s infor- mation system, such as a key log- ger that is undetectable. It was what happened at Target. The attack came through a trusted vendor, and all the keystrokes were captured. Having all your keystrokes equals having all your data. In instances where there’s exfiltra- tion of trade secrets and data, I’ve seen a breach of user’s credentials that spy on communications via e-mail. Some of those communications were sensi- tive and involved health care matters, so your client may have some HIPAA breach reporting requirements. INVESTIGATING THE CRIME When we are called in by your law firm, we are thorough in our assess- ment. We’d scan your client’s network, their digital systems, look at their computer endpoints as well as their firewall, their cybersecurity system and their e-mail systems with a fine- tooth comb to figure out what hap- pened. Is it a ransom situation, or is it theft of intellectual property? It could be identity theft, selling the personal identifiable info and/or phi on the dark web, or getting surgery under a different identity. What kinds of crimes are we looking at? It could be multiple crimes. Sometimes during forensic e- discovery, when we find the original crime, we also find malware that may be launched in the future that your client didn’t know about. Not just anybody who has cyber- security experience can follow the path. It’s very complicated. It’s a lot of work. It’s a lot of detail. Very expen- sive technology, and tools need to be used. It’s not just about having access to the right equipment and the right tools, but about having the knowledge and certifications to use the tools ef- fectively to produce the evidence for your client. PROVING THE CRIME Next, we’d meet with you and prove the scenario that we think occurred. We’d document the path and create a breach report that outlines the evi- dence and summarizes it in an easy- to-read format. Once we prove that a crime has oc- curred and we determine the extent of the damages or what assets were sto- len, you and your client can make an informed decision on the next steps. Digital forensics discovery does not place a dollar value on the extent of the damages or any intellectual prop- erty that was stolen or compromised. Part of our report will also make recommendations on how to plug the gaps in your client’s information system to prevent similar attacks, and we’d identify other vulnerabilities in their system. TO CATCH A THIEF An actual criminal cybercrime can be very hard to prove. We have to open a case with the FBI and submit the evidence. Often times we can prove how it happened, but catching the criminal is up to the FBI. CSI Cybersecurity: Your Client Was Hacked, Now What? CRAIG PETRONELLA | Cybersecurity Craig A. Petronella is the CEO of Petronella Technology Group, Inc. (PTG), an internationally trusted IT cyber- security group that specializes in helping law firms with training, security, and Compliance. Get your FREE phishing e-mail test at FreePhishTest.com. Craig has 30 years’ experience, authored multiple books, including “How Hackers Can Crush Your Law Firm,” and “Peace of Mind Computer Support.” For more information about a cybercrime risk assessment call: 1-877-468-2721. AttorneyAtLawMagazine.com 9Next >