Attorney of the Month KEVIN NEAL BUILDING A CULTURE TO ATTRACT TALENT & REDUCE TURNOVER Practice Management DOE V. NIELSON: MANAGING MASS MIGRATION AT THE BORDER From the ProfessorFROM THE Publisher Attorney at Law Magazine is published by: Target Market Media Publications Inc. 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 Ken Minniti PRESIDENT & CEO Howard LaGraffe VICE PRESIDENT Caitlin Keniston EDITOR Jaqueline Dávila GRAPHIC DESIGN Susan Cushing Veronica Jauregui ASSISTANT EDITOR Dragana Kartalija ADMINISTRATION Randy Feldman Bill Gallagher, DC, CMVI Daniel W. Hager Stephanie Kinsey Billie Tarascio CONTRIBUTING EDITORS Susan Cushing Dimple Dang Kimberly Rice CONTRIBUTING WRITERS Andrew Paul PHOTOGRAPHY 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. As I write this, we are on the eve of an order to shelter in place here in Arizona. I hope as you read this that we are that much closer to the far side of this virus. Either way, I hope you and your loved ones are safe during this time. And, it is my hope that the arrival of our maga- zine will bring a dose of normalcy to your day. This issue, we sat down with Kevin Neal to discuss his legal career as well as his time outside the office. This adven- turous lawyer gave us some insight into a few of his more ac- complished hobbies as well as introduced us to the good works of Valleywise Health. I hope you enjoy the peek behind the cur- tains of one of Gallagher & Kennedy’s wrongful death and per- sonal injury attorneys. This month, we are also excited to share the story behind one of our columnists – Emily LaRusch, CEO of Back Office Betties. Her column will be back next month. This issue also brings an op-ed from ASU law professor Ange- la Banks and a spotlight on the recent Arizona Women Lawyers Association All in for Women Awards Reception. I’d like to take this time to announce a very exciting new issue we’ll be doing next month – Athletes in Law. This special sec- tion will spotlight former NCAA athletes who became lawyers in our community. If you or a lawyer in your firm played a sport in college, please reach out to us for the information needed to get you included. Also, if you’d like information on the Legal Legacy issue we have planned, please reach out to me. This issue will feature gen- erational law firms as well as families carrying on the legacy of law in different firms or manners. As always, this magazine is for you, so please reach out with any suggestions for the future of our publication or to submit content for consideration. Happy reading, Ken Minniti EXECUTIVE PUBLISHER 480-219-9716 KMINNITI@TMMPUBLICATIONS.COM 4 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 2PROCESS SERVERS WE HAVE TWO SPEEDS FAST AND FASTER!! SERVING ALL OF ARIZONA ASAPSERVE.COM 480.821.1552 Court Filing Record Retrieval Private Investigations Skip Trace/Locates TABLE OF Contents 14 7 The Dark Web: An Introduction By Stephanie Kinsey 8 Back Office Betties Vendor Spotlight 10 Doe v. Nielson: Managing Mass Migration at the Border By Angela M. Banks 13 Building a Culture to Attract Talent & Reduce Turnover By Billie Tarascio 14 Kevin Neal Attorney of the Month 20 Email: A Powerful Tool – With Risks By Daniel W. Hager 21 The Basics That Every Attorney Should Know When It Comes to Posting a Bond By Randy Feldman 23 Mythology of Personal Injury: MIST By Bill Gallagher, DC, CMVI SPECIAL SECTIONS 22 Out on the Town 24 Talk of the Town CONTRIBUTING Editors STEPHANIE KINSEYBILL GALLAGHER RANDY FELDMANBILLIE TARASCIO DANIEL W. HAGER 5Digital credentials, such as usernames and passwords, connect you and your em- ployees to critical business applications and online services. Unfortunately, criminals know this — and that’s why digital credentials are among the most valuable assets found on the Dark Web. The cybercrime landscape is evolving fast. Cy- bercriminals are smarter and more organized now--almost functioning like professionals. In fact, there’s a sort of a parallel universe where they operate in a very corporate-like manner. And that parallel universe is called the Dark Web. WHAT IS THE DARK WEB? The Dark Web is made up of digital communi- ties that sit on top of the Internet, and while there are legitimate purposes to the Dark Web, it is es- timated that over 50% of all sites on the Dark Web are used for criminal activities, including the disclosure and sale of business credentials. Far too often, companies that have had their cre- dentials compromised and sold on the Dark Web don’t know it until they have been informed by law enforcement — but by then, it’s too late. THE SURFACE WEB, THE DEEP WEB AND THE DARK WEB Essentially, the internet can be categorized into three parts: • The surface web, which includes your ‘regular’ websites--the kinds that just show up on web searches. For example, you type, Dog Videos and links to a bunch of dog videos on YouTube shows up. YouTube, in this case, is an example of the surface web. • The deep web, which shows up in web search- es, but requires you to log in to view specific content. For example, your internet banking page or your Netflix subscription. • Then comes the dark web. The dark web is part of the internet that isn’t visible to search engines and requires the use of an anonymizing browser called Tor to be ac- cessed. The dark web offers anonymity and hence is the hub for all sorts of illicit activities in to- day’s internet age. Strictly speaking, the dark web typically hosts illicit content. The kind of content that you find in the dark web include: • Credit card details, stolen login credentials for something as serious as internet banking ac- counts to something as trivial as Uber or Net- flix, • Contact details/communication platform for striking deals with hitmen, drug dealers, weapon dealers, hackers, etc., • Marketplace to buy malicious codes to help corrupt or jam IT systems and even RaaS (Ransomware as a service!) In short, the dark web is like the underworld of the internet. WHY WE’RE ALL VULNERABLE Passwords are a 20th century solution to a 21st century problem. Unfortunately, usernames and passwords - the most common digital credentials used today - are all that stands between your em- ployees and vital online services including cor- porate networks, social media sites, e-commerce sites and others. A good security practice is to use a completely different password for every service, but the fact is that nearly 40% of Ameri- cans replicate the same or very similar pass- words for each service they use. HOW TO PROTECT YOURSELF There is no single silver bullet solution that can protect against all possible attack vectors. How- ever, you can still take steps to mitigate the most common forms of attack – statistically, these at- tacks are most likely to leverage passwords com- promised on the Dark Web or human error due to insufficient cybersecurity training. Consider enrolling in Dark Web monitoring to identify exposed credentials and alert you be- fore hackers can do harm. It is also critical to im- plement a Security Awareness Training program to train your employees to recognize and avoid phishing attacks and other malicious activities targeting human vulnerability. STEPHANIE KINSEY | Technology The Dark Web: An Introduction Stephanie is the co-owner, CEO and CFO of Total Networks. The Total Networks team provides outsourced IT and strategic technology consulting to professional businesses. Their team is the first and only Arizona IT company to earn the CompTIA Security Trustmark, certifying that Total Networks meets or exceeds security best practices. For more information, email Stephanie at skinsey@totalnetworks.com. 7VENDOR SPO TLIGHT Faster Than a Speeding Bullet Back Office Betties Reminiscent of the iconic Rosie the Riveter, Back Office Betty poses in a superhero stance, cape fluttering aloft, headset in place and a big “B” emblazoned across her chest. If you’re not familiar with our hero- ine then you might be missing out on the best behind-the-scenes su- perstars to ever swoop in and save the day. Back Office Betties is a bou- tique virtual receptionist company whose promise to answer incom- ing calls, schedule appointments, phone your clients to relay mes- sages and free up your time has all but revolutionized the legal com- munity. This highly professional answer to other, more generalized temp services is the brainchild of found- er and CEO Emily LaRusch whose own frustrating experience with no responses to repeated phone calls inspired her to launch Back Office Betties. (But With Much More Grace) BY SUSAN CUSHING 8 ATTORNEY AT LAW MAGAZINE · PHOENIX· VOL. 12 NO. 2THE ORIGINS “I always wanted to be an entrepreneur,” says LaRusch, “but didn’t feel I had that one thing that I was so great at I could go and build a business around. Then one day while work- ing on a big IT project, I had a quick break and tried to use that time to line up a long list of home services that I needed. Nobody was answering the phone! It was so frustrating, but I thought, ‘You know, I think there’s a business here! I think I can do this better than these small shops with their solo operators.’ “Basically, that’s how the idea was born so I launched the business,” she continues. “How- ever, about two years in, I realized it’s impossi- ble to be an expert in so many different indus- tries. I have a background in legal real estate, I’ve worked for attorneys, I had a paralegal on my team and it just kind of worked out that several members of my team resonated with the legal field. So, we sat down and had a dis- cussion and it came down to three essential questions. Who values us the most? Who can we help the most? Who do we love serving?” Hands-down the resounding response was attorneys. According to LaRusch this was the turning point when her already successful en- terprise became an industry phenomenon. “We never looked back!” THE EMPLOYEE WHO NEVER CALLS IN SICK Of course, developing this specialized niche took some finetuning, but LaRusch and her team were well-prepared. “It all starts with a quality staff,” she says. “While we will consider an applicant who doesn’t necessarily have a legal background, we will not even interview unless they can successfully pass our legal skills test. If they don’t have the aptitude to pass that from the get-go, we won’t even talk to them. We respect and value our clients too much to ‘tryout’ any- one that is anything less than our professional standard.” A surprisingly affordable service, Back Of- fice Betties provides all the support, profes- sionalism and services for less than a quarter of the price of a fulltime receptionist with none of the drawbacks. No coffee breaks, lunch hours or (most importantly) sick time! “Some of the things that make us unique are that we exclusively serve law firms and we’re the only answering service that offers an un- limited plan, where you don’t have to be nickel and dimed. The flat rate also allows for unlim- ited calls for your team,” LaRusch explains. “Being a small company, (and I think even at- torneys can learn from this), creating a niche helps us to really grow and connect with our audience because we only have one audience. “When the market zigs, we’re zagging,” she adds. “Instead of trying to be like everyone else, we look at what we can do that’s both in- novative and offers something that no one else does.” SEAMLESS START. CONTINUED COVERAGE. Aside from costs, the most common con- cern among potential clients is, “How long does it take to setup?” According to LaRusch, “We start with a set- up in less than 24 hours and then continue to deliver amazing service with lightning quick answer times, appointment scheduling, in- takes and delightful receptionist services. You and your associates would no longer have to scramble to answer incoming calls or spend time dialing up clients to relay a message. “Quality is our number one priority,” she adds. We guarantee that your callers will never be placed on hold to take another call and we promise to answer at least 90 percent of calls in four rings or less.” With a variety of plans from which to choose, Back Office Betties has a price and plan to suit virtually everyone. They keep their overhead low and pass that along to their cli- ents. They even offer a free trial period so at- torneys and small firms can see if the service suits their needs. “Remember, we understand not just the le- gal terminology, but the ins and outs of law of- fice operations,” says LaRusch. “With most an- swering services you are one of 300 customers, all from varying industries and your calls are being answered not by one dedicated person or team, but whichever operator happens to grab that call. There’s no way under these circumstances to create an intimate experience. We limit our teams to six peo- ple or less so that we can cre- ate that intimate experience and those team members re- ally get to know their clients. “We look at ourselves more as fractional employees rather than just an answering ser- vice.” Based on the overwhelming stellar reviews, their clients agree. FOR MORE INFORMATION CALL (800) 985-8591 OR VISIT BACKOFFICEBETTIES.COM. “When the market zigs, we’re zagging. Instead of trying to be like everyone else, we look at what we can do that’s both innovative and offers something that no one else does.” 9Next >