Robert Zaytoun A t to r n e y o f t h e M o n t h ‘The Jury Is With The Plaintiff’ SCONC Chief Justice Cheri Beasley on Racial Equality in the Judicial System Inside the Trump ImpeachmentCRAIG 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 $500Sara Boshart Senior Vice President Private Banker Sara has served the legal community for her entire career. Her deep experience, local decision-making, and the Legal Partner Program—a benefit bundle for the firm, its executives, and staff—make TowneBank the right choice for law firms. Call Sara and see for yourself! 919.534.7344 “Helping NC legal professionals succeed gives me great joy.” Member FDIC | TowneBank.com Serving Others. Forensic Vocational Rehabilitation Life Care Planning Legal Strategy & Expert TestimonyKen 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 Laurie Biggs Dawn Cash-Salau Sheila Chavis Gigi Gardner Kristin M. Hampson Tacker LeCarpentier Craig Petronella CONTRIBUTING EDITORS Headshots and Corporate David Tyson 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 TABLE OF Contents 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. CCLA PRESIDENT EVIN GRANT AND PUBLISHER BOB FRIEDMAN AT BLACK LAWYERS MATTER RALLY AT WAKE COUNTY COURTHOUSE ON JUNE 26.. This was supposed to be the is- sue I would hand out at this summer’s NC legal conven- tions, but then the world drove off the side of the road and into a ditch. While you’ve been adjusting to many new realities, we have focused on how to cover these new realities in a way that will benefit your practice. We start this issue with an inter- view with SCONC Chief Justice Cheri Beasley in which she talked about how the state’s judiciary needs to respond to the protests that have followed the murder of several black men at the hands of law enforce- ment. This issue also addresses how the realities of COVID-19 will impact everything from bankruptcy to fam- ily law to workers’ comp to personal injury settlements. In February, I interviewed UNC law professor Michael Gerhardt, who testified at the House Judiciary hear- ings in President Trump’s impeach- ment. We updated the story based on new realities facing the president. When I met Raleigh attorney Rob- ert Zaytoun to discuss a cover story, he opened with “I don’t have an ego.” He then talked about himself for two hours. He was brash and outspoken. Subsequent interviews revealed a charm and a passion for everything he does in life … from kids to his law practice and a wonderful sense of humor. I have high hopes that this issue finds you and your family safe and healthy. Bob Friedman EXECUTIVE PUBLISHER RFRIEDMAN@ATTORNEYATLAWMAGAZINE.COM 703-868-1272 6 North Carolina Supreme Court Chief Justice Cheri Beasley on Racial Equality in the Judicial System 9 Don’t Forget the Fundamentals By Patrick H. Yanke, CFP® 10 Common Pitfalls in Your Trust Account By Dawn Cash- Salau 11 The Aftermath of COVID-19 on Immigration By Gigi Gardner 12 Michael Gerhardt UNC Law Professor Testified in House Impeachment Hearings 15 Making Your Video Conferences and Webinars Cybersafe By Craig Petronella 16 Robert Zaytoun Attorney of the Month 22 Is COVID-19 a Work- Related Injury Eligible for Workers’ Compensation? By Sheila Chavis 23 Legal Innovators Easy Expunctions 24 Not Another ‘… In The Time of COVID’ By Tacker LeCarpentier 25 Small Businesses Considering Bankruptcy Need to Act Now By Laurie Biggs 26 Economic Impact of COVID-19 on Property Distribution: Divisible Property Laws are Key By Kristin M. Hampson 27 New Campbell Law Business Clinic Leverages Triangle’s Startup Culture SPECIAL SECTIONS 21 Event Spotlight 28 Talk of the Town 30 Out on the Town AttorneyAtLawMagazine.com 5EX CL USIVE INTER VIEW On June 2, in the aftermath of George Floyd’s murder and as protests continued to fill the streets worldwide, North Carolina Supreme Court Chief Justice Cheri Beasley took the unusual step of holding a press conference where she ad- dressed the issue of racial ineq- uity in the state’s court system. On June 24, the Chief Jus- tice spoke with Attorney at Law Magazine Publisher Bob Friedman about the need for reforms. North Carolina Supreme Court Chief Justice Cheri Beasley BF: At your press conference you said, “In our courts, African Ameri- cans are more harshly treated, more severely punished and more likely to be presumed guilty,” and you called on judges to “do better.” Can you elaborate on what you meant by “do better.” CB: We have seen thousands of people across North Carolina, the na- tion and the world protesting with re- sounding cries around the racial dis- parities in the system, including the courts. As leaders of the court system, we really cannot afford to discount those perspectives. When the data supports that there are racial disparities in our courts it really does give us an opportunity to address the fact that we need to think differently about how race impacts our decisions. This gives us the op- portunity to have constructive con- versations around our own roles and our own biases. These are difficult conversations. We have an obligation as judges and other leaders in our court system to be responsive. If this were easy, it would have been done by now. It’s important to have comprehensive conversations and for Confronting Difficult Truths PHOTO BY HEADSHOTS AND CORPORATE SONS THOMAS AND MATTHEW BEASLEY OWENS, HUSBAND CURTIS OWENS AND CHERI BEASLEY AT HER MARCH 7, 2019 INVESTITURE ATTORNEY AT LAW MAGAZINE · NORTH CAROLINA TRIANGLE VOL. 8 NO. 2 6all of us to be engaged and be com- mitted to addressing and facing some difficult truths. That’s not an easy undertaking. It really does require first and foremost a reckoning with this nation’s difficult history. I would say we have some of the best judges, courts and court leaders across the nation, but all of us can stand to be mindful that there are some difficult truths which we really do have a re- sponsibility to address and to con- front. What I am very concerned about is court improvement at all levels and in all regards. So in every way that we can be better and do better, we must do that and that includes how we best address the impact of racial dispari- ties on our services. BF: How positive are you that real reforms can be made in the criminal justice system? CB: We often think about criminal justice but I’m talking about justice. I’m talking about criminal justice and I’m talking about civil justice. When you think about young children in foster care, that’s civil justice. When you think about juvenile justice, that’s juvenile courts, that’s civil justice. When you think about family court, that’s civil justice. I’m saying we have to be thoughtful about our justice sys- tem as a whole. I think we have to be hopeful and it’s really during a challenging time – we are in the midst of a pandemic and the impact of the challenges around the pandemic are compounded by racial unrest. People really are suf- fering right now. I think we know throughout the course of history that it’s really challenges that push us to be better and push us to be greater. These challenges push us to be more creative about how to come up with solutions. Throughout the course of history, we always come out better on the other side. I am confident we will come out better on the other side. A LONG-TERM COMMITMENT BF: The Wall Street Journal and The New York Times ran quotes from your press conference. What kind of feedback have you gotten? CB: I have heard some of the most favorable comments and responses from local and statewide judges and other local elected officials and law- yers and community folks as well as people from all over the nation. So many people have said to me, ‘you’re absolutely right, we really must ad- dress the impact of racial disparities in our courts and in our court deci- sions, but I don’t know how to do that.’ And I don’t know that we have to know what the solution is. What I do believe is that we must be committed to figuring out what the solution must be. And it’s not a ‘just the issue for the moment’ kind of a commitment. Each of us must be available to make a long-term com- mitment to changing and improving our courts. BF: The members of the North Car- olina Supreme Court, of course have a duty to interpret the law and be im- partial. Nonetheless, how might hav- ing three African American justices positively impact moving forward with racial equality in the courts? CB: I think that the fact we have one of the most diverse supreme courts in the nation has a positive impact on all of our work. I think it is so much easier, if you will, for the public to have trust and confidence in the work of the court when the demographics of the court reflect the demographics of the state. Before Chief Justice (Mark) Mar- tin left (in 2019) he commissioned a study and found that the majority of North Carolinians have no trust and confidence in our courts. So as chief justice, it really is my responsibility that we address people’s lack of trust in the courts and I believe that when people see diversity in our courts it makes a difference, not just on racial issues, I think it makes a difference. But the other danger about talking about diversity in our courts is we can just assume all African Ameri- cans think alike. We’re all different, but diversity is important for a host of reasons. FROM MOTHER TO WIFE TO CHIEF JUSTICE BF: You and your husband, Curtis, have two, 19-year-old sons, Thomas and Matthew who are in college. What kinds of conversations are you having with them? CB: We’ve had to have difficult conversations throughout their lives about how they might be treated and how they have been treated, and about some of their own experiences and how they have felt about them. And it’s been important for me to talk to them about how they’re feeling and what they’re experiencing during this period of time. In every capacity of my life, from mother to wife to chief justice, I abso- lutely am hopeful for them and their generation. Even before this current period of pandemic and racial unrest, I believed that so much of our success going forward rests with young peo- ple. They think differently and exist often on a very different calculus and their perspective and presumption of the world is very different. And they will shape it in a way that they see it best fits where we should go. I have great confidence in this generation’s intelligence and foresight in consider- ation with where we’ve been as a state and a nation historically and where we will go. ...it really does give us an opportunity to address the fact that we need to think differently about how race impacts our decisions. This gives us the opportunity to have constructive conversations around our own roles and our own biases. These are difficult conversations. We have an obligation as judges and other leaders in our court system to be responsive.” AttorneyAtLawMagazine.com 7Through every negative eco- nomic and market cycle, we are told “it’s different this time” and given reasons that each period is unique. One thing these time pe- riods have in common … they ARE all unique. There are always reasons to not invest. Through these times, remember that the fundamentals of investing don’t change. First, investment money will be somewhere. Whether we participate in the equity markets, the debt mar- kets, or buy rare historical artifacts, our money will be invested in some- thing. Even choosing not to invest and holding onto cash is an invest- ment decision. We can accept the risk that cash may be lost, stolen, or sim- ply lose value to inflation over time. The choice isn’t whether or not to invest but where we choose to put in- vestment dollars. That leads us to our second fundamental … Investment returns are based on market participation. Participants drive the forces of supply and de- mand. When willing buyers meet willing sellers, they settle on a price agreed to by both of them. When there is more supply than demand, buyers can make multiple offers to drive down the price. When there is more demand than supply, sellers can sell to the highest bidder. An inves- tor in these markets is trying to get ahead of these decisions and invest in markets where demand will grow over time. If participants leave those markets, demand falls … and so do valuations. Third, there is always somewhere to put money. In any market, there will be winners and losers. It’s up to each investor to decide where their money will be best utilized. As eco- nomic and market conditions change, so do investment choices. Let’s apply these fundamentals to the current markets. There is a record amount of cash sitting idle in bank accounts and oth- er cash instruments. Many investors are concerned about the future and taking a cautious approach. Since the Fed has lowered the Fed Funds Rate nearly to zero again, these cash posi- tions are earning next to nothing. Out of fear, many market partici- pants left equities earlier this year and moved money to bonds. Demand drove up the value of bonds and drove down yields. From a fixed-income standpoint, there is very little income to be had in conservative fixed-in- come assets. Also, as income-seeking investors move money to where they can get a better yield, values may fall over time. This is a market where ex- isting participants experienced strong positive returns, but the future is per- ilous for those who remain. The com- bination of current low-yields and future depreciation isn’t compelling. The equity markets have been vola- tile and not for the faint of heart this year. Investors look to the future when making investment decisions. When the future was bleak, equity markets plummeted. Money leaving the equity markets drove down demand (and valuations) until an equilibrium was reached. Forward-looking investors then looked to a future where things eventually improve and bought shares in companies with positive outlooks. Market indices are nearly back to their beginning of the year values. The investment markets most hurt were those most impacted by the COVID-induced shutdowns—areas deemed “non-essential”—primarily retail, travel, and hospitality. These account for about 20% of GDP and about 20% of employment. Some oth- er areas are actually doing well—espe- cially areas important to supporting families staying at home and work- ing from a distance. Surprisingly, the more volatile technology-driven sec- tors, which usually suffer in times of turmoil, have increased in value sig- nificantly during this timeframe. It’s counter-intuitive that traditionally- more-volatile areas performed better than more conservative alternatives in these times of uncertainty… but it is rational. A wise person said, “Markets are nearly always rational and logical. However, it usually takes hindsight to see it.” The rationality and logic of the markets is the culmination of the choices made by market participants. Shutting down the economy was un- precedented. Restarting the economy will be just as unprecedented. There is a natural tendency to fear when the market drops and some euphoria when it rises. Trying not to react emotionally to either situa- tion is challenging. These are normal movements of markets trying to find a direction based on the rational de- cisions of market participants. We are in a recession now. We don’t usually see it in real-time because it’s usually confirmed in hindsight. Knowing we are in recession means bad news isn’t surprising. Watch for green shoots of the coming expan- sion and make ra- tional choices with investment assets. Don’t forget the fundamentals. PATRICK H. YANKE, CFP® | Financial Patrick Yanke is a Raleigh-based financial advisor. Opinions expressed here are mine and not necessarily those of RJFS. The information is not a complete summary or statement of all data necessary for making an investment decision and does not constitute a recommendation. Past performance does not guarantee future results. Long- term Investing does not ensure a profit or protect against a loss. www.yankefinancial.com. Don’t Forget the Fundamentals AttorneyAtLawMagazine.com 9Next >