The Marin Lawyer March 2021 by Marin County Bar Association

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

THE MARIN LAWYER March 2021 Editor Robert Rosborough Guest Editors Scott Buell, Michael Chaput, Chelsea Heaney, Karthik Raju Creative Director Kiersten Ross

2021 Officers President J. Timothy Nardell President Elect Robert Rosborough Secretary Scott Buell Treasurer Ahtossa Fullerton Past President Susan Feder 5 Year Past President Joel Gumbiner Board of Directors 2021 Directors Habib Bentaleb Michael Chaput Sarah Léger G. Kelley Reid 2022 Directors Emily Charley Kristine Cirby Christopher Locke Ann Munene Karthik Raju 2023 Directors Chelsea Heaney Valerie Kushel Thomas McCallister Thomas (Tom) McInerney Mary Sackett Executive Director Mee Mee Wong Communications Director Kiersten Ross Membership & Events Administrator Denise Belli The Marin Lawyer is published by The Marin County Bar Association 101 Lucas Valley Road, Suite 326 San Rafael, CA 94903 415-499-1314 info@marinbar.org www.MarinBar.org © 2021. All Rights Reserved.

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

CONTENTS 6

Editor’s Introduction: Are We Home at the Office Yet? ROBERT ROSBOROUGH

President’s Message: How Virtual Will the Future Be? J. TIMOTHY NARDELL

The Cyber Risk of Remote Work: A Primer for Attorneys on Working Securely at Home GEORGE USI

Families and Family Law During the Pandemic: Changes from Remote Working and Learning CHRISTINA SHERMAN

Reflections on Working Remotely: One Year and Counting DANIEL J. SCHNEIDER

A Crash Course in Cyber Insurance PHILIP LOMBARDO

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

CONTENTS 26

How to Disagree Online CORDELL WESSELINK, M.A.

Installation Recap: President Nardell Takes Office with Record-Breaking Scholarship Fundraiser ANN MUNENE

Meet the 2020-21 MCBA Legal Scholars MCBA

Webinar Recap: Undoing COVID-19’s Economic Damage: February’s Membership Meeting Addresses What’s Ahead for Marin SCOTT BUELL

Upcoming Events

New Members

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

EDITOR’S INTRODUCTION Are We Home at the Office Yet? ROBERT ROSBOROUGH

A few days from publication of this issue of

on cybersecurity. His article is full of practical

the Marin Lawyer will be the one-year anni-

tips and links to sources of help, whether

versary of the first shelter-in-place orders.

tools or advice. Phillip Lombardo, who works

How and where we are working now looks

for an innovative cyber insurer based right

different not only from before the pandemic

here in San Rafael, explains the ins and outs of

but from soon after it started as well. Remote working continues to evolve and it is clear to

cyber insurance and what you should look for when purchasing it.

everyone that some aspects of it will remain when the pandemic is over. In other words,

Daniel Schneider, a litigator who practices in

remote working isn’t going away. Indeed, I was willing to file an action in probate court in Los Angeles because the Superior Court there has already made the ability to appear remotely permanent.

New York and California, writes about the challenges of working from home in a Manhattan apartment where a child goes to school in the other room and a dining table acts as office for both spouses (and that’s his actual “office” in the photo on page 22!) Of

I did much of my work at home already, from pre-mediation calls that could last hours to research and drafting, not to mention tasks like editing the Marin Lawyer. Most lawyers did not, especially litigators. For most of us, remote working is certainly different from what we were used to and brings different challenges, especially for parents with children at home. In this issue, we bring you several articles to help you work remotely. As a profession where communications with our clients are privileged, cybersecurity takes on added significance. Of course, it is an issue when working at the office too but there someone else may have handled all of it for you. George Usi, CEO of a cybersecurity

readiness firm, brings us an excellent primer THE MARIN LAWYER An Official Publication of the Marin County Bar Association

course, the need to work remotely has affect-

Director Ann Munene’s report on what a

ed our clients too. Family lawyer Christina Sherman discusses some of the ways that re-

good time we had. And even if you didn’t miss it, you can be inspired by the biographies of

mote work—or at least being home instead of at work—has changed families and family law.

the three recipients of this year’s MCBA legal scholarships.

No doubt virtually everyone in our families is

And finally, a thank you to our guest editors

spending more time online. Between the

for this issue: Scott Buell, Mike Chaput, Chel-

stress of the pandemic and political polariza-

sea Heaney, and Karthik Raju. We’ll be back

tion, online communication is fraught with

with our next issue in June. In the meantime,

risk. Mediator and facilitator Cordell Wes-

we wish you good health, success with vac-

selink lives us 10 guidelines for how to disa-

cination, and perhaps a little bit more ease

gree online so that we can have productive

working remotely.

and respectful dialogue. Hint: Many of his

View this article at Marinbar.org

suggestions work offline too. If you want to know how long we might

Rob Rosborough is Of Counsel to Monty

be working only remotely or how we are going to recover economically and you missed

White LLP. He mediates disputes where an ongoing relationship is at stake, particularly adult-family conflict such as disagreement

our February membership meeting with State

over caring for an aging parent, and HOA dis-

Senator Mike McGuire and Marin Economic Forum CEO Mike Blakely, you can find out in mediator and MCBA Secretary Scott Buell’s recap of the event. And if you missed our wildly successful installation celebration and

putes. He also maintains an estate planning and HOA practice. Rob teaches at USF’s Fromm Institute (conflict resolution and history of science) and helps lawyers cope with the practice of law by teaching them meditation skills as a certified iRest® meditation teacher. EMAIL | WEBSITE

scholarship fundraiser, you can read MCBA

Reach a high-profile targeted audience of legal professionals in Marin County. We have ad packages available for all budgets. Website Advertising Digital Magazine Program Sponsor THE MARIN LAWYER An Official Publication of the Marin County Bar Association

PRESIDENT’S MESSAGE How Virtual Will the Future Be? J. TIMOTHY NARDELL

So, can y’all believe that it’s March already?

ing again for at least some classroom instruc-

This year seems to be just racing along. At

tion. Dare we imagine in-person meetings and in-person court proceedings?

least it feels like we’re racing in the right direction, with hints that we might be (with fin-

Since we are not there yet, I want to give a

gers crossed) turning the corner on worst of

shout out to everyone who participated in our

this pandemic. After (can you believe it?) al-

first and hopefully only virtual installation cel-

most a full year of on-again, off-again shelter-

ebration last month. I thought it provided a

in-place restrictions, the number of new cases

great taste of our usual celebration in a very

has dropped dramatically over the past

different format. We enjoyed inspiring

month, as have the number of hospitaliza-

speeches from this year’s scholarship recipi-

tions and deaths in Marin, throughout Cali-

ents, and I am happy to report that the event

fornia, and nationwide. As of this past week-

was a big success. We raised more than

end, more than 20 percent of the Marin popu-

$30,000 for the scholarship fund, ensuring

lation has received at least one dose of a vac-

that we will continue to be able to help the

cine. Restaurants are opening again—

next generation of Marin lawyers, next year

partially. Most importantly, schools are open-

and in years to come. The board and I greatly

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

appreciate everyone who participated to

building: Len Rifkind, Marlene Getchell and

make the event a resounding success!

Craig Dykman. They and others showed me, over those casual coffee room conversations,

I also want to give a shout out to PresidentElect Rob Rosborough. With the help of his editorial team, he is publishing the first 2021

that joining and getting involved in the local bar association was a “no brainer.”

edition of the Marin Lawyer e-magazine to-

I wonder, though, when the pandemic is over,

day. Every three months, Rob and his team of

whether many of us will continue to spend at

guest editors develop a theme and work tire-

least part of our week working remotely from

lessly to find, write and edit quality content,

home? What will be gained and lost in this

providing useful and thought-provoking arti-

transition? Office shares anyone?

cles for our membership. Our outstanding creative director, Kiersten Ross, takes all of this content and produces what you actually see—the beautiful digital magazine. The originality, quality and readability of the Marin Lawyer is something we should all be proud of. The issue you are reading now is on the very topical theme of remote work.

One big gain I’ve seen comes from holding at least some court proceedings remotely. Last year, I had a case venued in Los Angeles Superior Court. My job was to get the case moved to New York on the theory that the parties had contractually bound themselves to decide disputes in New York. The first time I appeared at the law and motion hearing tele-

So, I think that it is safe to say that one thing

phonically last May, opposing counsel ap-

we’ve all learned a lot more about over the past year is working remotely. Maybe that

peared in person, and before the hearing started I got to hear how much the judge ap-

will turn out to be a silver lining to these dark times. I’ve tried to be a good citizen and work

preciated seeing someone in his courtroom and how much he disliked the new rules al-

from home whenever I can, and I’ve got to say, I’ve gotten to like it more than I expected.

lowing for remote appearances. But then the judge announced that there were some tricky

When I first moved my law practice to Marin,

I thought it was really important to have an office away from home. I was lucky to move into Colin Claxon’s and Jerry Ackeret’s building at 790 Mission Avenue—a building owned and run by local lawyers for local lawyers. The folks I rubbed shoulders with in the coffee room taught me all about the practice of law in Marin. At least three current or former presidents of the Marin Bar worked in the

contract formation questions involved in the

case and that he would need to have the hearing reset after some additional briefing from both sides. The second time we appeared—in July, over Zoom—the judge apologized that he hadn’t had the opportunity to review the additional briefing and announced that he’d have to reset the motion to a later date. We finally had a full hearing in September with almost an hour’s worth of oral argument over Zoom and I’m happy to report that I won. In

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

pre-pandemic times, three appearances in

L.A. would have involved three full days of travel time. For early morning appearances in L.A. Superior, I probably would have ended up staying over the night before, at further ex-

THANK YOU TO THE MCBA PROGRAM SPONSORS

pense to the client. With remote appearances now acceptable or even required, these three

Silver

separate appearances took just a couple of hours—a tremendous savings in fees, not to mention travel expenses and jet fuel. After we put the pandemic behind us, I suspect that it will continue to be normal practice for law and motion and case management appearances, as well as routine meetings, to be conducted remotely. I also expect that cross-country travel for a half-day meeting will be a thing of past. And that, I believe, is a good thing. So, there are innumerable legal and practical problems to consider in the shift to remote work. This issue of the Marin Lawyer is timely and right on point, giving us food for thought, not to mention practical advice. Hat’s off to Rob and his editorial team! View this article at Marinbar.org

J. Timothy Nardell is a partner with Nardell, Chitsaz & Associates in San Rafael. He runs a

Interested in sponsorship? Contact Mee Mee Wong at mwong@marinbar.org

general civil litigation practice, focused on real estate and business disputes, and select tortious injury cases. WEBSITE

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

CYBER SECURITY The Cyber Risk of Remote Work: A Primer for Attorneys on Working Securely at Home GEORGE USI

In a world where hackers seem to be able to

insights for the overall improvement of your

break into just about any computer connected to the internet, have you considered the

cyber hygiene. Effective cyber security offers not only protection, but opportunities to

security of the tech you use every day? An im-

grow your practice in an emerging landscape

portant question at any time, it’s even more

of privacy and breach law.

critical in our current work-from-home era. Great security requires excellent cyber hygiene and an overall cyber risk strategy. It al-

The Cyber Hygiene List I. Understand Sensitive Information.

so necessitates basic

In the legal profession,

awareness of your vulnerable areas, and tac-

personal information is particularly important.

tics to reduce the risk of

This isn’t just Social Se-

being compromised.

curity and driver’s license numbers but

Start by asking yourself about cybersecurity:

even basics like names and addresses. You

Are you handling the security of your com-

should have specific definitions of sensitive

puter on your own, or is an IT provider helping?

information, including at a minimum:

some basic questions

If you have help, are you aware of just how secure they are? What about outsourced marketing teams handling your website, or even more importantly, the makers and hosts of the applications, databases and tools you use to run your practice? I’ll focus on computer security basics and user -friendly tools that you can try on your own. I’ll also offer suggested guidelines, tips, and

•

Personal information of partners and employees;

•

Personal information of clients;

•

Personal information of anyone else;

•

Case information;

•

Business financial information;

•

Business proprietary information.

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

II. Protecting Sensitive Information. You’re

•

Use strong passwords for logging into

legally responsible for protecting this sensitive information. Without the safeguards of

computers and when creating WiFi home networks; passwords should be at least

the office, you have to make sure your home workstation is secure. Begin with:

twelve alphanumeric characters in length, be somewhat memorable, and have at

•

least one special character (e.g., M@rinCoun7yB@r).

Implementing a formal cyber security policy for all workers.

•

Understanding the security differences between Bring-Your-Own-Devices

•

your home router and turn off remote

management.

(BYOD) and company-owned computers. •

Trusting your instincts—let common sense reign! If you ever have to use a family

•

use it to access work tools or your work

weather begins to set in, the temptation to

email.

slip away to the Starbucks patio for a few

Keep digital workspaces clean by clearing

the position of working in a public space,

make sure to: Position yourself to prevent others from

•

Install a comprehensive security suite that

•

Never leave your computer or any other work unattended.

•

If you’re on a call, step outside to avoid be-

viewing your work screen.

ing overheard. •

Use your own cellular network instead of public or free WiFi.

•

If you must use WiFi, never do so without

Keep your Windows or Mac workstation in “lock” mode when not in use.

•

hours can be strong. If you do find yourself in

junk from cache and log files. My firm suggests “Clean My Mac” and “Clean My PC.”

WiFi, and a password manager. We suggest BitDefender’s Total Security.

•

Place. As commerce opens back up and spring

includes anti-malware, a Virtual Private Network (VPN) for connecting to public

•

IV. Checklist for Staying Secure in a Public

member’s computer, for instance, don’t

III. Checklist for Staying Secure at Home Using ‘BYOD.’ •

Change the default login password for

Shred unnecessary printed document copies before throwing them out. Make sure all devices and applications stay up to date by turning on automatic updates (especially for your internet rout-

er).

a VPN. V. Checklist for Handling Devices and Accounts. Hackers have adapted to the remote-worker surge and are counting on you to go home,

connect to your WiFi, and make a mistake so

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

they can attack your computer from one of

processes or third-party security issues

the many connected devices in your home. For device handling, especially laptops that

caused by rushed projects. “Open doors” from technologies installed and configured by ven-

travel with you, make sure to:

dors who lack a security program of their own are also common. Here are some things you

•

Use passwords for accessing other devices like phones, internet-connected printers, tablets, and iPads, just in case they end up

can do about these issues: •

in the wrong hands. •

Never share your computer with anyone,

•

Conduct a cybersecurity risk assessment

on your supply chain (not just third parties you have direct contact with but anyone

can get you into trouble (and that evidence can show up unexpectedly: Note

handling your data), or look for security certifications on websites for cloud and

the attorney who recently grappled to turn off a cat filter during a virtual hearing

software providers. •

Force vendors to sign contracts requiring that they submit to audits and can illus-

Make sure your devices automatically

trate that they are following the new U.S.

“lock” in case you lose them or they are

guidelines in cybersecurity and privacy by

stolen.

the National Institute of Standards and Technology (or NIST®).

Use encryption for sensitive data files. We suggest axcrypt.net for Windows and iPhones or Concealer for Macs.

•

formation security policies and program.

as it could come back to you with a virus. Even evidence that someone else used it

with a judge). •

Require third parties to have their own in-

Use multifactor authentication that requires entering a code after logging in with a username and password. We suggest Authenticator for Office 365 although Google Authenticator seems to be the popular choice for most non-Microsoft solutions.

VI. Ensure Third Parties Are Secure. I have completed many cyber risk assessments and security tests in the last twentyfive years. Most of the risks we discover for businesses are poor information handling

•

Conduct a regulatory assessment with an experienced law firm associated with www.iapp.org.

Guidelines and Resources Protecting your sensitive data is as much about how you operate as it is about specific tools. If some of the foregoing suggestions “sound all Geek to you,” help is available! The following guidelines include links to companies or resources that can help. I. Use Vendors, Especially IT Service Providers, that Follow U.S. Guidelines. For those of you who have, or need, IT

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

support, work with a provider that follows the

les-based ONE400, who can be reached at in-

latest official guidelines in cybersecurity, pri-

fo@one-400.com.

vacy, and risk, as published by NIST to enforce security controls suggested by the Center for Information Security (CIS). Your provider should have a proven track record serving the legal industry and at least five other core industries to show breadth. For full IT services in the North Bay, contact David Park of Xterra or you can visit Xterra’s website. II. Work with a Marketing Firm that Understands Both Law Firms and Security. A marketing firm’s priority is helping you grow your practice, but you should still make sure that any partner you choose understands cybersecurity and how it intersects with your specific business. If you can, find a marketing or software development company that’s focused on the legal industry. My rec-

ommendation is Allen Rodriguez of Los Ange-

III. Check for Stolen Usernames and Passwords. In a recent survey, at least 35% of companies that were hacked traced the breach to the actions of a remote worker. Shockingly, 25% of all hacks were a result of password issues. Checking to see if any of your email accounts have been compromised should be an absolute priority. Begin with a visit to www.haveibeenpwned.com. IV. Get Trained. Even with all of the tools in the world protecting you, the weak point hackers most often exploit is you. Tactics like phishing emails that install ransomware when an attachments or link is clicked are still wildly successful, and it’s due to a basic lack of online security

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

awareness. Take a training course to educate

on your clients than doing everything in this

yourself and your team. This free remote work course from Knowbe4 is a good place to

article. Companies like mine offer cyber compliance services that do much of the work for

start.

you. Whether you need advice on a specific topic or are looking for those services, I’d be

V. Network with a Privacy Law Attorney. In the eyes of the law (specifically, California’s

happy to help. View this article at Marinbar.org

Consumer Privacy Act), compromised data is now a matter of when and not if. This new approach to cyber risk is likely to drive more de-

mand for attorney consultations on the topic. Many of you have likely been asked by at least one of your clients how they should deal with regulations or hacks. To build expertise

George Usi is a Bay Area native and internet

pioneer who has worked directly with some of the scientists who designed and built the internet. He speaks regularly at conferences around the world about cyber risk and compliance, privacy, and security standards. He started his ca-

here, build relationships with boutique law firms experienced with privacy and regulato-

reer with NTT and went on to found or own a number of

ry matters. Rebecca L Rakoski of XPAN Law Partners can help and can be reached via

risk and prepare for when hackers succeed. His company,

rrakoski@xpanlawpartners.com. Where is the “Get this Done” Button? You’re busy. You’d rather spend your time focusing

leading IT and security service companies. He is passionate about helping “the other 98% of businesses” reduce their Omnistruct, provides risk assessments, penetration tests, cyber integrity monitoring, and compliance as a service

management packages. Visit Omnistruct’s website or use this link to book a free thirty-minute consultation with George. You can also reach him directly at 916-469-4102 or by email. EMAIL | WEBSITE

The Marin Lawyer encourages our readers to also be our writers. If you have something you’d like to write about, get in touch with us. We also encourage our readers to be our critics. If there’s something you’d like to see (or not see) in the Marin Lawyer, let us know. If you’d like more articles on practical law firm topics, tell us. More book reviews? Let us know. All feedback is welcome.

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

REMOTE WORKING & LEARNING Families and Family Law During the Pandemic: Changes from Remote Working and Learning CHRISTINA SHERMAN

The pandemic and the possibility and necessi-

in order to help ensure a level of consistency

ty of remote working and learning have shift-

and stability for their children. The first guide-

ed family dynamics in fundamental ways.

line stated that COVID-19 was not a reason

Some of these changes, such as children attending school in their home, are transitory (if

to deny parenting time because, unless otherwise determined by the court, parents are

not transitory enough for most families). Oth-

considered fit to care for their children and

ers, such as the ability of some separated par-

make decisions regarding day-to-day aspects

ents to work remotely instead of moving away from their children for their job, are

of parenting while the children are in their care. In addition to providing definitions for

sure to have a long-lasting, positive impact.

spring break, summer break/vacation and other holidays when schools were closed, the

Separated Parents and Child Custody

Perhaps the first inkling of how deeply COVID-19 would impact Marin County families came shortly after the March 17 shelterin-place order. Many separated parents were rightfully concerned for the safety of their children, as well as their own safety, as children shuttled from household to household. As a result, some worried parents went so far as to deny parenting time to the other parent. Because the courts were physically closed for many months, parents who were denied access were at a loss regarding how to ensure the legal enforcement of their child custody agreement. To address the situation, Judge Verna A. Adams of Marin County Superior Court issued a set of six family law guidelines on April 7,

other guidelines stated that: •

Supervised parenting time could be conducted virtually;

•

Parents should follow remote learning guidelines set by their school district;

•

First responders were not to be called to settle parenting-related disputes;

•

Parents were encouraged to be transpar-

ent about their COVID-19 precautionary measures. Judge Adams’s guidelines were so effective that some surrounding counties incorporated them to help guide separated parents through the ambiguities of child custody during the pandemic.

providing legal guidance to separated parents THE MARIN LAWYER An Official Publication of the Marin County Bar Association

Home-Learning-Induced Changes to Parent-

was often possible for a couple to spend much

ing Plans

of their time apart.

Certainly, the biggest impact of the pandemic

One or both parents left home for work, had

on parents has been that children have need-

after-work social engagements or meetings,

ed to attend school while physically at home.

and worked out at a gym. Now, with many

For parents with younger or special needs

people working from home and spending

children, this has been especially challenging.

their leisure time there as well, couples are

During the school day, a parent may be need-

interacting more. For some, this has led to an

ed at a moment’s notice to help their child

escalation of disagreements and arguments.

navigate a website and stay on track with

Individuals who were previously on the

class assignments, making it difficult for the

breakup fence because they didn’t think they

parent to focus on their own work.

could afford divorce, or they wanted to stay

For some separated couples, one parent is an essential worker who has to show up for work in-person during school hours, while the other parent has been able to work from home. As a result, some couples have renegotiated their child custody schedules, with the children spending school time with the parent who can work from home. I have found in my legal practice that as long as the parents kept the children’s best interests in the forefront, these schedule rearrange-

married for the sake of the children, have decided it is finally time to ask for a divorce. For them, the relationship has become too emotionally draining to stay. Remote Work and Learning Are Bringing Some Families Together Perhaps a silver lining to the pandemic cloud is that the movement toward remote work has brought some separated families closer together, literally. I have clients, for example

ments proceeded relatively smoothly. Rising Divorce Rates Although there are no hard numbers available yet, since the pandemic started, my family law colleagues and I have noticed a significant increase in the number of Marin County couples seeking a divorce. I believe it is be-

cause before COVID-19, it THE MARIN LAWYER An Official Publication of the Marin County Bar Association

where one parent had moved outside the Bay

Area years ago when their employer asked them to relocate. Now, with more companies changing to permanent remote work, or only demanding occasional in-person office time, these parents can move back to the Bay Area and play a larger role in their children’s lives. I have also seen situations where a parent who cannot move back to the Bay Area is able

to have more time with their children because of remote learning. If a parent cannot work remotely here, a child may be able to learn remotely there, allowing them to spend more time with their non-primary parent. If remote work becomes a permanent part of how we live our day-to-day lives, families separated by geography will only be stronger as a result. Remote learning has offered the shortterm benefit of closer proximity for some non -custodial parents, although its long-term impact on student academics is unclear. View this article at Marinbar.org

Christina Sherman is a Marin County family law attorney and Certified Family Law Specialist, specializing in divorce, child custody

and support, marital contracts and other family law issues. She also holds a Master of Laws in Taxation and is a Super Lawyers Rising

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Star. Christina believes that people who once loved each other can reach amicable divorce and child custody agreements. EMAIL | WEBSITE

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THE MARIN LAWYER An Official Publication of the Marin County Bar Association

WORKING REMOTELY Reflections on Working Remotely: One Year and Counting DANIEL J. SCHNEIDER

Owning a young bi-coastal law practice has

the bedroom next door. It’s not the ideal set-

meant both growing pains and delights. COVID-19 added an entirely unexpected

up for meetings and appearances, but on the bright side, I’ve never been turned into a cat.

twist. After a year of change and uncertainty, my firm is now fortunate enough to need to

Manhattan in a pandemic winter makes this

hire our first associate. The most popular question during interviews is, “Are we ex-

mute, when everything can be delivered, and

pected to be in the office every day?”

even harder. When there is no need to comwith cold air and hardly a hint of nature nearby, I have gone literally days without leaving

My own office for the last year has been my

my apartment. I have found myself looking

dining room table in my 1,100 square foot

out my window at the cement down below on

apartment. Weighing various risks, I have

a 20-degree day and adding yet another 24-

chosen, despite my office technically being

hour stretch of staying inside.

open, to do 95% of my work remotely. To my

immediate left is my wife, whose office is at

That is the pain of remote working, but I am

the very same dining room table.

lucky too. Many of my clients are restaurateurs and contractors—boots on the ground

With the price per square foot in my home base of Manhattan in the thousands of dol-

sort of occupations, making it hard to forget the luck I have that I am a lawyer in the virtual

lars, having a home office is a little too much to ask. Further complicating the dining table

age. I also don’t take for granted that the infrastructure of my firm allowed me to seam-

proximity, my wife spends her professional life on Zoom. To drown out the sound, my

lessly transition to totally remote productivity. Serendipitously, cybersecurity require-

headphones have been in such regular use, I might as well graft them to the inside of my

ments meant that our entire file catalogue is on a secure cloud system and when we

ears.

opened, we decided on laptops rather than desktops. Everything I need is securely at my

When I have my own Zoom calls and remote court appearances, I travel thirty paces down the hall to my bedroom where the bed frame acts as my backdrop. While in the bedroom, I

fingertips. The only obstacles are cabin fever and declining concentration. For the most part, I find my groove in my din-

am mindful of my volume because my step-

ing room, music in my ears, and am able to do

daughter is attending high school virtually in

my work, generate business and run the back

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

ed can be retrieved from the

online files, remote work is acceptable. To our surprise, more often than not, candidates go out of their way to stress that they would be more than happy to come in and work in an office environment. It appears that so long as safety is

taken into account, people are ready to get out of the house. Daniel Schneider’s Home Workspace

office fairly seamlessly. And I get to save all of the travel time of commuting and getting to and from court, depositions and other meetings. Having transitioned to this new normal, my firm has found its footing and is actually growing.

Regardless of how seamless your systems are, nothing is going to be able to replace the benefit of (professional) human contact in the workplace. As busy and successful as I have been working from home, I, too, am ready to safely return to the office. But I am sure happy to know that the alternative works too. View this article at Marinbar.org

Which brings me back to the young associates -to-be. Interviewing today is yet another wonder of technology and remote practice.

Daniel J. Schneider is a New York based trial

All of ours has been done on Zoom. The applicants have shown up almost entirely on time

attorney and a Founding Partner at Farber

and appropriately dressed. The conversations have been easy and informative. Perhaps not

developers, design professionals, interior de-

being on our “turf” has made candidates less anxious and more open. “What is your policy on remote work?” they ask. We respond that our policy is ensuring employee comfort and safety, that our office is open and all required COVID safety measures are in place. Nonetheless, so long as the work is getting done and everything need-

Schneider Ferrari LLP. His practice centers around the real estate arena, representing signers, contractors and others with a multi-

tude of issues which affect real property and construction projects. This includes, without limitation, property damage, construction defects, personal injury defense, neighbor disputes, corporate disputes, contractual issues and employment issues within the various companies. Mr. Schneider previously practiced in Southern California as General Counsel for an education-based start-up and is on the cusp of expanding his California practice. He opened his firm with his partners and a shared philosophy that good relationships are good business and that efficiency and effective advocacy cultivate a years long attorney-client relationship that

spans multiple matters. EMAIL|WEBSITE

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

CYBER INSURANCE A Crash Course in Cyber Insurance PHILIP LOMBARDO

What is Cyber Insurance? Cyber insurance, often referred to as “cybersecurity insurance,” “hacker insurance,” or even just “cyber,” is an insurance product that covers the costs associated with computer hack attacks, data breaches, and system failures. The technology revolution irreversibly changed the way that businesses operate, but traditional insurance has not kept pace. Email has largely replaced physical mail, most business-critical information is stored electronically rather than physically, and money moves almost exclusively through electronic transfers. Traditional insurance policies were designed to deal with threats to a company’s physical assets – their buildings, machinery, and office equipment, with no mention of their digital assets. For example, coverage under most standalone crime policies was not even triggered by any type of cybercrime! Thus, the need for a new type of insurance arose and cyber insurance is now a booming segment of the insurance market at the same time many businesses are still without coverage. What Should I Look for When Selecting Coverage? Not surprisingly, not all cyber insurance is created equal. When selecting coverage, here

are a few key elements to look out for: •

No (or very few) drawbacks/caveats: Be sure to read the fine print when it comes to drawbacks and caveats included in a policy. Many carriers mandate certain cybersecurity practices for coverage to be activated. For example, a lot of carriers include warranty statements that require the insured to carry dual-factor authentication before carrying out a wire transfer.

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

•

If the insured fails to do that on the spe-

The Top Cyber Attack of 2021

cific wire transfer that results in a fraud claim, the carrier may deny the claim.

Continuing the trend from 2020, ransom-

Comprehensive cybercrime coverage.

American businesses in 2021. Ransomware is

Look for coverage for the following

a type of malware that encrypts and locks the

crimes, which are often excluded:

victim's data, demanding a ransom payment



Funds Transfer Fraud/Social Engineering;



Theft of Personal Funds from Senior Executive Officers’ Personal Bank Accounts;

•



Theft of Funds Held in Escrow;



Corporate Identity Theft.

Unlimited first-party limit reinstatement. Do limits reload on an “each and every claim” basis for first-party coverage, or is there an aggregate limit?

•

Data reconstruction and employee overtime costs. If a hacker gains access to your network and corrupts or deletes data, does the policy cover the costs associated with reconstructing or rebuilding the files?

ware remains the top cyber attack facing

to decrypt the files. These attacks spiked 715% year over year from 2019 to 2020, according to cybersecurity leader BitDefender.

Based on claim data from Evolve (the cyber insurance firm I work for), the total cost of ransomware attacks ranges from $10,000 all the way up to $3,000,000+. Hackers often gain access to the insured’s financial data in these attacks and base their ransom demand on the amount of cash a business has on hand. What does comprehensive cyber insurance

cover in a ransomware claim? 

The ransom demand itself (Avg.: $112K);



Immediate Forensic Response (Avg. range: $10K - $100K+);



Data Restoration ($0 - $100K+);



Business Interruption ($0 - $500K+);



Reputational Harm ($0 - $500K+).

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

A Few Tips on Risk Mitigation

look real. If a staff member opens the

The following suggestions are intended to be

email and clicks on a link, management will be notified, and the victim will be prompt-

a starting point for organizations serious

ed to watch an educational video about fraudulent email awareness.

about their cybersecurity. One of the things my company does is urge all of its policyholders to hold a meeting with their IT team to discuss ransomware preparedness.

3. 24/7 Dark Web Monitoring My company recommends continuous dark

1. Enable Multi-Factor Authentication across all company accounts (this is often

web monitoring (our preferred vendor is Skurio). Skurio continually searches the dark web

completely free). Every single account should have MFA enabled, but the following three

for information specific to your organization and alerts you in real time to possible breach-

are the most crucial:

es of your data, including stolen login credentials.

•

Business Email. Once a bad guy hacks your business email account, they can pose as you to the outside world, launch-

•

If you have any questions, or would like to discuss doing business with Evolve, reach

ing bulk phishing attacks on your own col-

out anytime to me or to

leagues and all of your external business contacts.

underwriting@evolvemga.com.

View this article at Marinbar.org

Enterprise Data. Hackers target your enterprise data to exfiltrate copies of it, then lock it up via ransomware. The deadliest types of ransomware now specifically target cloud storage, so be sure to also discuss your cloud strategy with IT.

•

CRM. Stealing your business’ hard-earned

Phil specializes in digital content creation and marketing for Evolve. He is a Loyola Marymount University alum (Class of 2014) living and working in his hometown of Cleveland, Ohio. Away from work, Phil enjoys teaching yoga, playing golf, and spending time with his family. EMAIL|WEBSITE

client data is a gold mine, as hackers gain leverage by threatening to release that data on the dark web 2. Live Phishing Training for Employees •

While simple, this may be the most important tool to prevent ransomware. After all, over 90% of malware is delivered via email. Tools like Cyber Risk Aware create

fake phishing test email campaigns that THE MARIN LAWYER An Official Publication of the Marin County Bar Association

VIRTUAL ARGUMENTS How to Disagree Online CORDELL WESSELINK, M.A.

There you are, scrolling through an email

less toxic, here are ten guidelines for disa-

thread or the news feed of your favorite so-

greeing online.

cial media site, when what do you see? A comment by a colleague or friend that’s utterly outlandish! You can hardly believe it—how

could they believe that? You limber up your fingers and thumbs and get ready to tell them how wrong they are…or you decide it’s not worth it and either do your best to ignore them or unfriend them immediately and never have contact with them again. Has this happened to you or someone you know? So many of us are relying on email and social media to keep connected with others while in-person gathering is limited, yet few of us know how to effectively disagree online, and there’s so much to disagree about! Credit: Photo by Icons8

Just like the fight or flight response to danger, many of us do the same with disagreements

1. Set your goal or intention

online, but instead it’s fight or unfriend. Even though it’s online, there are real dangers in

Before typing a response to a person you disagree with, ask yourself: What do I hope will

either strategy: trust is damaged, relationships are severed, positions become en-

happen as a result of this interaction? Asking this simple question will help you pause to

trenched, fake news spreads, and we become more narrow and insular in our ways of think-

sort through your emotional reactions to what was said, imagine the future you are

ing and seeing the world.

hoping for, and respond from a more ground-

Options besides fight or unfriend do exist. In the spirit of helping you keep friends and colleagues, creating openness to other ways of

ed place. Keep in mind that not all goals, like wanting them to realize how wrong they are, will have a positive outcome.

thinking, and just making the internet a little THE MARIN LAWYER An Official Publication of the Marin County Bar Association

Examples of effective goals are:

right?”

•

Understanding the other person

•

“I want to understand, are you saying Y?”

•

Sharing your perspective and helping oth-

•

“You said you feel Z about this, which I can

ers understand you

understand given…”

•

Creating the possibility for change

3. Share your perspective and cite sources

•

Demonstrating the character of someone

Your perspective and how you came to your

with your views and beliefs

beliefs are unique to you—help others under-

•

Eliciting action from the other person

Note that if your goal is for the other person to do something—the last item above—then you might want to ask yourself if they even need to agree with you to be willing to take the action you are hoping for. Chances are they may be willing to act even with a different perspective. 2. Check your assumptions Just because someone expresses a stereotypical view, don’t assume they are the stereotype. Use questions and reflections to ensure that you understand their unique perspective. Being curious can help you throughout a disagreement, and starting it off with a question rather than a statement can really help bridge understanding and ensure you both are at

stand both. Just because you share a belief or

preference with someone, why or how you came to believe or prefer that thing may still be vastly different. When disagreeing, it’s even more likely that the other person is making assumptions about you (just like you might have being doing about them, had you not read this article and followed the preceding guideline). Examples of things you could say include: •

“I believe X because…”

•

“When I see Y, I feel Z.”

•

“This is important to me because…”

In addition, share links to articles and information that swayed or influenced you: •

“This article really swayed me: [insert your article link]”

•

“Do you have other sources for that infor-

least talking about the same thing. Examples of things you could say include: •

“What makes you so passionate about this?”

•

“Where do you get your information?”

•

“What does X mean to you?”

•

“So what’s important to you is X, is that

mation, because I am seeing this: [insert your article link]” 4. Use kindness, respect and compliments We can and should always treat each other with kindness and respect. It can be challenging in a heated disagreement, but will pay off

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

in the long run not only for how the other

the team.”

person feels about you, but for the relationship and how you feel about yourself as well.

5. Agree when possible

Showing kindness and respect, and even giving compliments to someone you disagree

agree on. Sometimes these may be things you

with, can also create an openness to change. No matter what, don’t insult. It seems obvious, but I’m not talking about insulting just the person. Avoid insulting their ideas, posi-

tions and beliefs as well. If you’re about to use words like crazy, stupid, ridiculous, or other variants anywhere in your communication, don’t. Nothing will lead to entrenched positions and severed relationships more than in-

Look for and mention things that you do both agree you don’t want! Regardless, pointing out the things you agree on can help build a bridge between you and the person you disagree with. Examples of things you could say include: •

“Sounds like we both agree on X.”

•

“X is important to me too!”

•

“Even though we disagree on Y, I definitely agree with you on X.”

sults. It can be easy to think that if you tell someone about their strengths that you will look weak. But it’s not a zero-sum game. And far from showing weakness, giving compliments or praise shows strength. When is the last time you thought someone who praised you was weak? More often than not we feel a greater connection to those who point out our strengths. Examples of things you could say include: •

“I admire your passion about this!”

•

“Thank you for helping me understand where you’re coming from.”

•

“I can tell you put a lot of thought into this.”

•

“Thank you for engaging with me on this.”

•

“Given your skill at X, despite our disagreement, I really value what you bring to

6. Be open to learning No one person has all the answers, and showing you can change your point of view in light of new information can open the other person to reciprocating. It’s also those who think they know a lot who sometimes are at the greatest risk of missing important new information because they’ve stopped looking. If the other person is making sense, even though it’s a view or idea you hadn’t entertained before, it might be the doorway to a

whole new world you hadn’t known even existed before. Examples of things you could say include: •

“Good point, I didn’t realize X.”

•

“I’m going to look into this more.”

•

“Perhaps I do need to shift my opinion based on what you shared.”

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

7. Communicate your boundaries

since many choose to avoid it. If you see

We all have boundaries, many of which are

someone sharing a lone view, try to be supportive. At the same time, don’t gang up. If

unique to us in some way. If you don’t express your boundaries to others they may not know they crossed a line. Don’t tolerate abuse. Remove yourself from someone who is saying hurtful things. If possible, tell the person directly when they have crossed the line and

you see many people expressing a view against someone, don’t jump on the bandwagon. Instead, see how you can support that person, even if they are expressing the view you disagree with.

then ask them for what you’d like instead.

Examples of things you could say include:

•

“You’re not alone, I feel the same.”

•

“I find X hurtful, would you please refrain from saying things like that?”

•

“Thank you for sharing your point of view despite the other comments.”

•

“Please don’t use insults. I will give you the

•

“I appreciate your willingness to speak up

same respect.” •

“When you say X, I feel Y; so would you

about this.” •

please do Z instead?” •

“I’m willing to discuss this but only if we can be civil towards each other.”

8. Focus on one thing at a time Stay on topic. Otherwise emails, comments and posts can get too lengthy, everyone may lose focus, and confusion and frustration is likely to increase. Examples of things you could say include: •

•

“Those are a lot of other good things to discuss, but could we focus on X for now?” “Let’s start another thread to talk about Y.”

•

“I’m getting sidetracked, back to X…”

gree and still be civil with each other.”

10. Connect on other subjects If possible, talk about other things with the person you disagree with so your relationship is about more than just the disagreement. Just like you, they have other interests, goals, challenges and aspirations they could talk about, probably at length. Ask about them! This will help defuse tensions and connect

you both on a more human level, especially if the discussion has gotten heated. Examples of things you could say include: •

“How is your family doing these days?”

•

“What are your top ten vacation destinations? I’m looking for ideas for my bucket list.”

9. Support others

Disagreeing online can feel lonely, especially

“Please treat Z with respect, we can disa-

•

Respond to, comment on or like other

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

posts or emails from the person that have

and learn how to do so in a more effective,

nothing to do with the subject of the disagreement.

healthy way. Taking the time to read this article shows you care and gives me hope that we

These guidelines should give you a good start in having better online disagreements. Of course, they are just the tip of the iceberg! If

can create a healthier online environment together, one email, post, comment and like at a time.

you are interested in learning more (which you should be since guideline number six is to

View this article at Marinbar.org

be open to learning!), here are some resources:

Cordell is the Mediation Program Manager

for Consortium for Children, which mediates throughout California between adoptive and

1. The Catalyst: How to Change Anyone’s Mind

birth families to help children maintain im-

by Jonah Berger

portant relationships after adoption. The former ADR Programs Director at Community

2. Beyond Your Bubble: How to Connect Across

the Political Divide by Tania Israel 3. How to Win an Argument Without Making

Enemies, YouTube video by Charisma on Command 4. Braver Angels, an organization working to

Boards in San Francisco, he co-created their Conflict Coaching program. Cordell has a background in counseling with the Marin Suicide Prevention Hotline, Gestalt Process from the Esalen Institute, and has conducted numerous coaching, mediation, and meeting facilitation sessions and trainings during his 10 plus years in the field. He has a master’s de-

gree in Negotiation, Conflict Resolution, and Peacebuilding. Visit Cordell’s website: www.corelinkservices.com. WEBSITE

depolarize America The road to better online interactions starts with each of us doing our best to make things

THANK YOU TO THE MCBA PROGRAM SPONSORS

better. As the American writer, feminist, and civil rights activist Audre Lorde has said: “Too

Bronze

often, we pour the energy needed for recognizing and exploring difference into pretending those differences are insurmountable barriers, or that they do not exist at all. This results in a voluntary isolation, or false and treacherous connections. Either way, we do not develop tools for using human difference as a springboard for creative change within our lives.” There is so much potential in our disagreements if we are willing to have them

Contact Mee Mee Wong at 415-499-1314 or mwong@marinbar.org to become a Sponsor.

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

INSTALLATION RECAP President Nardell Takes Office with Record-Breaking Scholarship Fundraiser ANN MUNENE

MCBA held its first-ever virtual installation

Assemblyman Marc Levine presented out-

celebration and scholarship fundraiser on February 11, 2021. We hope it will also be the

going President Susan Feder with a proclamation and plaque of appreciation. MCBA is

last virtual installation celebration and schol-

deeply indebted to Susan for leading the or-

arship fundraiser. That said, as much as we all

ganization with grace, poise, vision and many

look forward to being together in person, this year’s gala was still a resounding success.

seamless pivots during the unprecedented challenges of 2020. The Honorable Andrew

Mistress of Ceremonies Wanden Treanor superbly guided us through our virtual journey,

Sweet presided over the virtual swearing-in of incoming President Timothy Nardell, as

with swift transitions and succinct speaker introductions. Nathan Lucrezio, from Sing for

well as the rest of MCBA’s 2021 officers and directors. This year we had a special treat

Hope, set an exuberant tone for the evening with several beautiful songs, inspiring some of

with CEO James Kim and the members of the Marin bench offering video tributes to Susan,

us to sing along behind our muted Zoom microphones.

Tim and the board as well as congratulatory remarks to our scholarship recipients.

2021 MCBA Officers & Board of Directors THE MARIN LAWYER An Official Publication of the Marin County Bar Association

All three of this year’s MCBA legal scholar-

$30,000, the most ever raised since the seed

ship recipients—Jorge Lopez-Espindola, Samantha Zurcher, and Samantha Cox-Parra—

money that started the scholarship fund. An enormous thank-you to all our donors: These

delivered inspiring speeches, reminding all of us of the potential of the next generation of

scholarships significantly improve the lives of law students embarking on their legal ca-

rising Marin lawyers and the impact your generosity can have. And generous you were.

reers.

President Tim Nardell and Director Karthik Raju kicked off the fundraising with great humor and creativity. If anyone had any doubt about the value of education in changing lives, Tim told a moving story of his father not seeing any value for himself in studying algebra in high school but going on to a career teaching high school algebra. The fundraiser exceeded expectations by raising well over

And finally, a big thank-you to all those who gave so many hours to make this event a success. The indefatigable Mee Mee Wong

worked tirelessly to produce the event, with tremendous help from Tim Nardell and valuable contributions from the remaining members of the event committee: Susan Feder, Ann Munene, Karthik Raju, Kris Cirby, Ahtossa Fullerton, and Rob Rosborough. View this article at Marinbar.org

A special thank you to the Virtual Table Sponsors for their generous support. 100% of the proceeds from this year's event sponsorships went directly to the MCBA Legal Education Scholarship Fund.

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

LEGAL SCHOLARSHIP FUND Meet the 2020-21 MCBA Legal Scholars MCBA

The MCBA Legal Education Scholarship program provides scholarships up to $5,000 to financially disadvantaged students from Marin pursuing a law school degree. Funded with contributions from the MCBA, it is a collaboration with 10,000 Degrees and the Marin Community Foundation, which administer the fund.

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

MCBA’s richly-deserving 2020-21 scholarship recipients are Jorge Lopez Espindola, Samantha Cox-Parra, and Samantha Zurcher.

Jorge Lopez Espindola is a third-year at the University of the Pacific, McGeorge School of Law, where he is the president of the National Lawyers Guild Association, as well as the treasurer of both the Latinx Law Student Association and Lambda Law Students Association. Jorge went to Novato High and is the first person in his family to attend college. He received his undergraduate degree from Sonoma State University in sociology and Chicano & Latino studies. As a law student, he has been a Dan Bradley Fellow at Legal Aid of Marin, where he assisted staff attorneys in wage theft matters. Jorge has also interned at McGeorge’s Immigration Clinic, assisting clients in immigration matters. Prior to law school, he interned at Canal Alliance, advocating for immigrants and other underrepresented groups.

Samantha Cox-Parra is a first-year at Berkeley Law, where she is a student researcher for the Berkeley Reproductive Justice Project and a conference coordinator for the Berkeley Journal of Entertainment and Sports Law. Samantha attended Terra Linda High and received her undergraduate degree in rhetoric from the University of California at Berkeley, the first in her family to earn a college degree.

Prior to law school, she was a legal intern at the Marin County Public Defender’s Office, a judicial intern at STAR Court with Judge Wood, and a caseworker at the Associated Students of the University of California’s Legal Clinic. This summer she will be a judicial extern for the Honorable Judge Yvonne Gonzalez Rogers for the U.S. District Court for the Northern District of California. As a first-generation professional, Samantha aspires to serve her community, bring change, and build a better society through the justice system.

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

Samantha Zurcher is a 3L at UCLA Law, where she serves as a managing editor for the Journal on Environmental Law and Policy, and a writer for the Promise Institute on Human Rights. This is her second year as an MCBA scholarship recipient. She attended San Rafael High School and the College of Marin before transferring to UC Berkeley. She graduated in 2014 with a bachelor of science in conservation and resource studies, focused on environmental engineering. Samantha has a background in renewable energy development and studied the use of algae for biofuel production and carbon sequestration. Prior to law school, Samantha worked at a public accounting firm, where she helped companies utilize tax incentives for innovative and sustainable research projects. Samantha aspires to represent plaintiffs against perpetrators of environmental crimes, and to champion legal efforts to decarbonize the electric grid. As a law student, she has clerked at the U.S. Attorney’s office in San Francisco where she assisted in the prosecution of local federal crimes. She has also worked at UCLA’s Environmental Law Institute, supporting faculty with their publications and legal work. These opportunities have cemented her aspiration to pursue a career in environmental law.

If you would like to support the next generation of Marin lawyers, please consider making your tax-deductible donation today.

MAKE A DONATION

Thank you to all of our donors for supporting the Legal Education Scholarship Fund.

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

RENEW NOW THE MARIN LAWYER An Official Publication of the Marin County Bar Association

JOIN NOW 37

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

WEBINAR RECAP Undoing COVID-19’s Economic Damage: February’s Membership Meeting Addresses What’s Ahead for Marin SCOTT BUELL

At MCBA’s February membership meeting,

ly those over the age of sixty-five but also

California Senator Mike McGuire and Marin

healthcare workers, educators, childcare pro-

Economic Forum CEO Mike Blakely ad-

viders, and food service workers. While Marin

dressed the timely topic of the economic impact of COVID-19 in Marin and what the fu-

County is among the leaders in the state in reopening schools, Senator McGuire antici-

ture holds. Former MCBA Director Nestor

pates a statewide agreement soon to reopen

Schnasse skillfully moderated a discussion full

schools, which both presenters agreed was

of salient observations about what has happened so far and where we are likely headed

critical to rebuilding a robust economy. Indeed, an agreement trading funding for reo-

in the near future. Both Senator McGuire and Mr. Blakely impressed the audience with their

pening was announced a few days later, although it remains to be seen how many dis-

sheer command of the relevant facts and related statistics regarding the nature of the

tricts take advantage of it.

pandemic’s impact as well as what is being done to address these challenges.

Mr. Blakely discussed the specifics of the economic impact of pandemic-related business

Like many other counties in California, the in-

closures and job loss. While Marin County has a twenty-three-billion-dollar economy, it is an

itial challenges Marin County faced from COVID-19 were primarily in nursing homes,

economy of small businesses, primarily in the hospitality, tourism, and personal services

eldercare facilities and retirement facilities. Marin County also had to deal with a crisis in

sectors. Seventy percent of the fourteen thousand businesses located in Marin County

San Quentin State Prison, where a rapidly escalating outbreak took both local and state

have between one and four employees. Small businesses generally do not have months of

action to quell. Since then, Marin County has

operating cash reserves and have been par-

done better than many other counties in both the number of tests administered and limiting

ticularly susceptible to the effects of forced closures or other limitations on business.

further exposure and now it is ahead in the number of vaccines given. Currently around

Compared to January 2020, Marin small business revenue is down nearly forty percent

twenty percent of Marin County residents have been vaccinated, which includes not on-

and there has been a loss of more than eleven thousand jobs. Moreover, the labor force has

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

dropped by sixty-five hundred people, which

is five percent of the entire county labor force and double the state average decrease. Mr. Blakely noted that nationwide, much of the economic fallout and recovery is being described as “K-shaped,” meaning that different segments of the workforce and of the economy are affected in very different ways. Marin is no exception to this phenomenon. Those

most affluent or who were easily able to transition to working remotely are doing as well if not better than ever. Homeowners have tended to see their property values increase in the past year. On the other hand, workers unable to work remotely, who generally tend to be lower income residents and renters, have been acutely affected. Homelessness has increased and four million more Californi-

ans are facing eviction. There is, however, reason for some optimism. First, about the economy generally. For various reasons, California has a larger surplus now than it did in 2019 and received more venture capital investment in 2020 than every other state combined. Locally, the commercial real estate market has been healthy and

resilient—the price per square foot is up, demand is high, and availability is down from what it was in 2019. Second, the recently passed 9.6-billion-dollar California relief bill, which Senator McGuire described as unprecedented in size and scope, is carefully tailored to assist those most affected by the pandemic-related economic devastation that many at the lower end THE MARIN LAWYER An Official Publication of the Marin County Bar Association

of the economy have suffered. Among the

next on or two months, mainly from new virus

highlights, the state relief bill provides:

variants and continued shortages in the national vaccine supply. The good news is that

1. An extension of the moratorium on evic-

tions through the end of June 2021, with the state paying up to 2.6 billion dollars to extinguish back rent from 2020; 2. Two billion dollars in small business relief

grants; 3. Two billion dollars in tax credits for many

who received PPP funds; 4. Vouchers for children in state-sponsored

childcare;

over the next few months, as the number of vaccination sites increases, and the newly approved Johnson & Johnson vaccine becomes available—which requires only one dose and can be stored in a regular refrigerator—he anticipates a marked reduction of infections beginning in May. This will also provide a substantial boost toward meeting the national goal of seventy-five to eighty percent of the public being vaccinated by the end of November. However, he admits that to achieve this goal, the state will have to average two mil-

5. Thirty million dollars to food banks;

lion vaccinations per week starting in March, a goal which thus far has been elusive. He ex-

6. Twenty-four million dollars for farmwork-

pressed confidence that by the end of the year, there will be drastic improvements, but

er relief programs; and, 7. One hundred twenty-eight million dollars to restore previously cut judicial funds.

mask-wearing will likely still be necessary until at least early 2022. While he sees loosening restrictions throughout this summer, it

Third, California will be a significant benefi-

will still be some time before a reasonable de-

ciary of the nearly two trillion-dollar federal relief package which is currently awaiting ap-

gree of normalcy can be reached. In the meantime, the Marin Small Business

proval in the Senate: In addition to medical and vaccination funding, it is expected the

Development Center is a useful source of assistance.

package will provide huge investments in infrastructure, the green economy, and manufacturing. Senator McGuire noted that current best predictions anticipate the expected infusion of dollars into the state economy should cut an entire year off the recession. While the public health situation locally has

View this article at Marinbar.org

Scott Buell is a mediator at Buell Law and Mediation where he mediates all types of civil cases, primarily personal injury and business/ partnership disputes. He is currently an Officer of the Marin County Bar Association and former Chair of the ADR Section. His office is

improved over the last few weeks, Senator

in downtown San Rafael. He also hosts remote mediations

McGuire predicts some bumpiness over the

via Zoom. EMAIL | WEBSITE

THE MARIN LAWYER An Official Publication of the Marin County Bar Association

UPCOMING EVENTS UPCOMING EVENTS THU | MAR 11 | 12:00-2:00P

WED | MAR 17 | 12:00-1:00P

REAL PROPERTY SECTION MEETING

JOINT PROBATE & ESTATE PLANNING, PROBATE LITIGATION & REAL PROPERTY

2020 Year in Review, Significant Developments in California Real Property Law

SECTION MEETING

INFO & REGISTRATION >

1031 Exchanges INFO & REGISTRATION >

SAT | MAR 13 | 8:30A-4:30P

WED | MAR 24 | 6:00-7:00P

JOINT BASF AND MCBA ADR SECTION MEETING

THE PRO BONO RECOGNITION AWARDS MCBA and Legal Aid of Marin honors our Pro

Arbitrator Certificate Training

Bono Volunteers

INFO & REGISTRATION >

TUE | MAR 16 | 12:00-1:00P

THU | MAR 25 | 12:00-1:00PGENERAL

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THE MARIN LAWYER An Official Publication of the Marin County Bar Association

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THE MARIN LAWYER An Official Publication of the Marin County Bar Association

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