7:55 Welcome and Introductions
8:00 A Picture is Worth Thousands of Dollars: A Primer on Royalty-Free Images and the Fair Use Doctrine
Preetha Suresh Rini, Ellis & Winters LLP, Raleigh
Learn how to navigate copyright issues with online images, estimate potential damages accruing from copyright infringement, and evaluate whether the fair use doctrine can be used as a defense to alleged copyright infringement.
8:45 Break
8:55 Straight to the Top: Evaluating the Impact of Direct and Immediate Supreme Court Jurisdiction Over Orders Regarding Class Certification
Stephen V. Carey, Parker Poe Adams & Bernstein LLP, Raleigh
Corri A. Hopkins, Parker Poe Adams & Bernstein LLP, Raleigh
In 2017, the North Carolina General Assembly granted all parties an appeal as of right directly to the Supreme Court of North Carolina of any trial court's decision regarding class action certification. This presentation analyzes the impact of that jurisdictional change thus far and forecast what it might mean for the future development of North Carolina law regarding class actions, along with strategic considerations prompted by this direct right of appeal.
9:55 Break
10:05 White-Collar Criminal Law 101: What Every Civil Litigator Needs to Know
Shana L. Fulton, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh
Shepard D. O'Connell, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh
Explore and examine the complex ethical issues, including privilege concerns, that arise when criminal law and civil litigation overlap in complex business disputes.
11:05 Break
11:15 Diversity & Inclusion (DEI) Panel Discussion
Kimberly B. "Kim" Gatling, Fox Rothschild LLP, Greensboro
Danielle C. Gray, Blue Cross and Blue Shield of North Carolina, Durham
Robert E. "Rob" Harrington, Robinson Bradshaw & Hinson PA, Charlotte
Justin N. Outling, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro (Moderator)
Devon D. Williams, Ward and Smith PA, Raleigh
This panel features a lively discussion about important diversity, inclusion and bias issues that attorneys in the antitrust and business disputes practice face. Panelists from a variety of backgrounds share their perspectives and experiences regarding recruiting and promoting diverse legal talent and creating a more inclusive environment within the practice area of complex business disputes of North Carolina.
12:15 Lunch Break
DEI Discussion (Continued!) (Optional Event)
This session does not provide MCLE credit.
A panel of attorneys continues the conversation discussing diversity, inclusion, and bias issues within the antitrust and business disputes practice in North Carolina and solutions that their firms and businesses have developed to address them. We encourage you to attend the brown-bag lunch to continue the discussion and virtually mingle with members of the Section in smaller groups.
Click here to join via Zoom (No passcode needed). Session starts at 12:15.
You will need to return to this window to watch the remainder of the CLE webcast.
1:10 Common Issues in Closely Held Business Disputes
Joshua B. Durham, Bell Davis & Pitt PA, Charlotte
Ross R. Fulton, Rayburn Cooper & Durham PA, Charlotte
Gwendolyn W. Lewis, Lincoln Derr PLLC, Charlotte
Examine issues that frequently arise in closely held business disputes, including whether to proceed in the business court, determining direct claims versus derivative claims, application of the business judgment rule and self-dealing, and litigating Meiselman claims.
2:10 Break
2:20 Privilege, Work Product and Related Ethical Issues: What It Is, How to Protect It and How to Protect Yourself*
Gary S. Parsons, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh
The presenter explores how to correctly identify and protect the attorney client privilege, the work--product doctrine and various other privileges, along with ethical issues that arise along the way.
3:20 Break
3:30 Business Court Judges Panel Discussion
Chief Judge Louis A. Bledsoe III, North Carolina Business Court, Charlotte
Judge Adam M. Conrad, North Carolina Business Court, Charlotte
Senior Business Court Judge James L. Gale, North Carolina Business Court, Greensboro
Grace A. Gregson, Smith Anderson Blount Dorsett Mitchell & Jernigan, Raleigh (Moderator)
Judge Gregory P. McGuire, North Carolina Business Court, Raleigh
Judge Michael L. Robinson, North Carolina Business Court, Winston-Salem
Frequently regarded as the highlight of the section's annual CLE, this panel discussion features sitting business court judges, who offer their perspectives about practice before the business court.
5:00 Adjourn
*Indicates portion providing Ethics/Professional Responsibility credit
Thank you for joining us for the 2021 Antitrust & Complex Business Disputes Law Section Program CLE.
This CLE explores issues that challenge lawyers in complex business disputes, providing in-depth coverage of topics that arise frequently such as closely held business issues and privilege.
Chief Judge Louis A. Bledsoe III presides as Chief Judge of the North Carolina Business Court with chambers located at the Mecklenburg County Courthouse in Charlotte. He was sworn in as a Special Superior Court Judge for Complex Business Cases in July 2014 and was designated Chief Judge of the Business Court, effective July 1, 2018.
A native of Charlotte, Judge Bledsoe graduated from the University of North Carolina at Chapel Hill in 1981, where he was a Morehead Scholar, a member of Phi Beta Kappa, and the recipient of the William P. Jacocks Award as the outstanding man in UNC's graduating class. Judge Bledsoe graduated from Harvard Law School, cum laude, in 1984, and immediately after graduation served as a law clerk to Judge Sam J. Ervin, III on the United States Court of Appeals for the Fourth Circuit.
Judge Bledsoe is a member of the American College of Business Court Judges and currently serves as one of the College's representatives to the ABA Business Law Section.
Upon completion of his clerkship in 1985, Judge Bledsoe joined the law firm of Robinson Bradshaw & Hinson PA in Charlotte where he practiced commercial and business litigation for nearly 29 years until his appointment to the bench. During his time in private practice, Judge Bledsoe was regularly selected to appear in Woodward/White's Best Lawyers in America, North Carolina Super Lawyers, and Benchmark Litigation.
Click here for more information about Judge Bledsoe.
Stephen V. Carey is a partner with Parker Poe Adams & Bernstein LLP in Raleigh. Steve’s practice focuses on complex litigation and appeals, regulatory counseling, and government enforcement matters. He represents companies, financial institutions, municipalities and local governments, universities, health care providers, and individuals in high-stakes litigation and regulatory actions, including class actions. His litigation experience includes cases involving unfair and deceptive trade practices, securities fraud, breach of fiduciary duty, trade secrets theft, breach of contract, and various federal statutes, including the APA, ERISA, Dodd-Frank, and the False Claims Act. He is experienced at the trial and appellate levels of federal and state courts, including the North Carolina Business Court. Steve graduated, magna cum laude, from the University of Pennsylvania Law School and served as an editor on the University of Pennsylvania Law Review.
Click here for more information about Stephen.
Judge Adam M. Conrad, was sworn in as a Special Superior Court Judge for Complex Business Cases on December 23, 2016, with chambers located at the Mecklenburg County Courthouse in Charlotte.
A resident of Charlotte, Judge Conrad holds a B.S. degree in electrical engineering from the University of Notre Dame and received his J.D. from the University of Georgia, where he was a member of the Order of the Coif and Editor in Chief of the Georgia Law Review. After receiving his law degree, Judge Conrad clerked for the Honorable David B. Sentelle of the United States Court of Appeals for the D.C. Circuit and the Honorable Clarence Thomas of the United States Supreme Court.
Prior to joining the Business Court, Judge Conrad was a partner in King & Spalding's national appellate practice with experience in intellectual property, constitutional, and other civil matters.
Judge Conrad is a member of the American College of Business Court Judges.
Joshua B. "Josh" Durham is a director with Bell, Davis & Pitt's Charlotte office. For more than twenty years, his practice has focused on complex business litigation matters, trade secret and departing employee disputes, governmental investigations, and disputes involving closely held companies. Josh frequently appears in cases before the North Carolina Business Court, and he regularly leads continuing education programs on electronic discovery, litigation pitfalls, and professional ethics.
In 2020, Josh also helped create a new serial baseball podcast, The Mysterious and Unbelievable Case of the Batboy and the Hot Dogs, in which he and his best friend sought to answer a question that had haunted them for decades. Did his friend, a minor league batboy in 1990, accidentally cost one ballplayer his professional career?
Josh is currently vice-chair of the Commercial Litigation Section of the North Carolina Association of Defense Attorneys, and he serves on the Council for the North Carolina Bar Association's Antitrust/Complex Business Litigation Section.
Josh received his B.A. degree from North Carolina State University in 1994 and his J.D. degree, summa cum laude, from Campbell University in 1998.
Click here for more information about Josh. Follow Josh on Twitter @joshdurhamlaw.
Ross R. Fulton is a shareholder with Rayburn Cooper & Durham PA in Charlotte. His practice is focused primarily on trial, arbitration, and appellate work, with an emphasis in complex business matters. He is admitted to practice in all of the state and federal courts of North Carolina and the United States Court of Appeals for the Fourth Circuit and Sixth Circuit. He was recognized by his peers as "Legal Elite" in Business North Carolina Magazine's annual list, in the area of litigation in 2017, 2018 and 2020 and business in 2019. He was selected by North Carolina Super Lawyers magazine for its 2017 through 2021 editions in the area of business litigation.
His litigation practice encompasses commercial and business litigation of all types and his business practice focuses on helping clients plan and document their business practices and transactions to protect their companies' interests and avoid litigation in the future.
Ross is a member of the Mecklenburg County Bar's Communication Committee. He received his B.A. degree the State University of New York, College at Geneseo in 2000 and his J.D. degree from the College of William and Mary School of Law in 2003.
Click here for more information about Ross.
Shana L. Fulton is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Raleigh. She represents businesses and individuals in criminal and civil litigation, under government investigation or in conducting internal investigations. As a defense attorney and former Assistant U.S. Attorney, she has experience litigating and investigating high-profile and complex matters at all levels of federal and state trial courts. She loves using her deep experience as a defense attorney and federal prosecutor on complex matters that feature a mix of criminal, civil and regulatory issues.
Shana represents individuals and businesses facing white-collar criminal prosecution and government investigations. A former Assistant U.S. Attorney for the District of Columbia, she has extensive experience handling trials and hearings in state and federal courts of all levels.
A former Assistant U.S. Attorney for the District of Columbia, she has extensive experience handling trials and hearings in federal courts. Prior to arriving at Brooks Pierce, Shana served as the Deputy Chief for both the Felony Major Crimes Section and the General Crimes Section of the U.S. Attorney's Office for the District of Columbia. She also served as Senior Litigation Counsel for the Homicide Section. Many of her previous cases garnered national news coverage, including in The Washington Post.
Shana is a member of the North Carolina, Wake County and Federal Bar Associations, North Carolina Association of Black Lawyers and the Capital City Lawyers Association.
Shana earned her B.A., with highest honors and distinction in English and Political Science, from the University of North Carolina at Chapel Hill and her J.D. from Columbia University School of Law.
Click here for more information about Shana.
Judge James L. Gale was appointed as a Special Superior Court Judge for Complex Business Cases and assigned to the North Carolina Business Court on March 1, 2011, following Chief Business Court Judge Tennille's retirement. After receiving his law degree, Judge Gale served as law clerk to Hon. Franklin T. Dupree, Jr., United States District Court, and Eastern District of North Carolina, after which he joined Smith Moore Leatherwood LLP, where he practiced for 35 years. While in practice, he was active in various bar related groups, including the American Bar Association, the North Carolina Bar Association, DRI, and the North Carolina Association of Defense Attorneys.
Judge Gale also received a number of professional honors, including Best Lawyers in America, Legal Elite, and Top Lawyers for Bet the Company Litigation as published by Corporate Counsel, North Carolina Super Lawyer, and an AV Rating by Martindale-Hubbell. He remains active in the North Carolina Bar Association and is a council member for the Antitrust and Complex Business Disputes Law Section. He serves as an adjunct professor at the Elon University School of Law and is a member of the American College of Business Court Judges and a Master in the Guilford Inn of Court.
Click here for more information about Judge Gale.
Kimberly B. "Kim" Gatling is a partner with Fox Rothschild LLP in Greensboro. Kim concentrates her practice in intellectual property prosecution, licensing and litigation. She is also a member of the firm's Privacy & Data Security group, which assists clients with the management and protection of sensitive business and personal information. She is seen as a trusted advisor and valued team member to her clients, providing comprehensive, global advice from a legal and business perspective.
Kim is a North Carolina State Bar Board Certified Specialist in Trademarks. She prosecutes federal, state and international trademark applications and manages global trademark portfolios. She also prosecutes computer software, business method, mechanical, and design patent applications before the United States Patent and Trademark Office and routinely assists clients with protection of copyrights.
As Chief Diversity & Inclusion Officer, Kim works to develop and implement programs and policies that support the firm's goals of increasing and promoting a diverse workforce and inclusive environment at all levels throughout the firm.
Kim is a member of the Greensboro and North Carolina Bar Associations and the Guilford County Association of Black Lawyers. She received her B.S. degree, cum laude, from North Carolina A&T State University in 1996 and her J.D. degree from George Washington University Law School in 1999.
Click here for more information about Kim.
Danielle C. Gray is Senior Vice President, Chief Legal and Administrative Officer for Blue Cross and Blue Shield of North Carolina (Blue Cross NC) in Durham. She brings extensive experience in legal, policy and regulatory matters from both government and business.
At Blue Cross NC, Danielle leads areas that include Legal, Audit, Government Affairs, Health Policy and Compliance. She is also a primary liaison with our Board of Trustees.
Danielle came to her current role after serving as a partner in the New York law firm of O'Melveny and Myers. She advised health care companies, financial services institutions, universities, and clients in a range of industries on litigation, internal investigations, and government enforcement actions.
She received her law degree from Harvard Law School, where she was editor of the Harvard Law Review. She has a bachelor's degree in economics and public policy from Duke University.
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Grace A. Gregson graduated from the University of North Carolina at Chapel Hill in 2014 with an undergraduate degree in Philosophy and is a 2017 graduate of UNC-Chapel Hill's Law School and is licensed to practice in North Carolina. Grace clerked under the Honorable Gregory P. McGuire on the North Carolina Business Court in Raleigh for 2 years following her graduation. In October of 2019, Grace joined Smith Anderson, and is a member of the Complex Business Litigation and Construction Litigation Practice Groups.
Grace is a member of the Board of Directors for Burning Coal Theatre Company in Raleigh, and enjoys gardening, local arts and crafts, and reading.
Robert E. "Rob" Harrington is a member of Robinson Bradshaw & Hinson PA in Charlotte. He litigates complex business disputes. He represents corporate clients in a broad range of contracts, trade practice and other business matters.
Rob has served as lead counsel in cases in various jurisdictions, including the North Carolina Business Court and other state and federal courts in North Carolina, South Carolina, Virginia, Georgia, Mississippi and Louisiana. He has represented and counseled clients in litigation and business matters across various industries, including financial services, manufacturing, agribusiness, telecommunications, sports and entertainment, health care and education.
Rob co-chairs the firm's Litigation Department. He served as president of the Mecklenburg County Bar, was appointed by the Chief Justice of the North Carolina Supreme Court to the North Carolina Commission on the Administration of Law and Justice and served as a member of the board of governors of the North Carolina Bar Association. For his professional work and civic engagement, North Carolina Lawyers Weekly recognized Rob as Lawyer of the Year in 2017 and Business North Carolina included him in its Power lists for 2020-23 and its inaugural Dynamic Diversity list in 2021.
Rob received his B.A., magna cum laude, from Duke University and his J.D., with high honors, from Duke University School of Law.
Click here for more information about Rob.
Corri A. Hopkins is an associate of Parker Poe Adams & Bernstein LLP in Raleigh. Corri represents corporations, health care providers, and individuals in complex corporate litigation. She is part of a team of experienced litigators who represent clients in state and federal court, arbitration, and before government agencies.
Prior to beginning her legal career, Corri worked in the film industry in New York City, where she negotiated location contracts and arranged filming logistics for many feature films and television episodes. During her film industry career, Corri worked closely with film crews, property managers, city agencies, and law enforcement.
Corri received her B.A. degree from Duke University in 2006, her J.D. degree, magna cum laude, from Wake Forest University School of Law and her M.A. degree from Wake Forest University in 2019.
Click here for more information about Corri.
Gwendolyn W. Lewis is a member of Lincoln Derr PLLC in Charlotte. She is a litigator successfully representing individuals, businesses, and organizations in a wide range of areas including civil litigation, employment litigation, and professional liability litigation at the trial and appellate levels in both North Carolina and U.S. Federal Courts.
Ms. Lewis has experience successfully defending employers, individuals, and corporations in employment litigation and obtaining defense verdicts on behalf of physicians and hospitals in multi-million-dollar medical malpractice cases.
Gwendolyn currently serves on the North Carolina Bar Association's Board of Governors and its Foundation Board of Directors. She promotes pro bono and public service in many of her community activities and leads the NCBA's Labor and Employment Section Pro Bono Committee. She also serves as a Board of Directors member for the Charlotte Center for Legal Advocacy promoting access to justice for North Carolina citizens. She has been recognized by North Carolina Super Lawyer in Employment Law Defense and Rising Stars and has been elected to Business North Carolina magazine's Legal Elite for Employment Law.
Gwendolyn earned her B.S. degree in Criminal Justice from North Carolina A&T State University and her J.D. degree from Elon University School of Law.
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Gregory P. "Greg" McGuire is a partner at Nelson Mullins Scarborough & Riley in Raleigh. He has more than 26 years of experience as a litigator and for seven years served as a trial judge on the North Carolina Business Court for Complex Business Cases. As a judge, he presided over hundreds of cases involving the interpretation and application of corporate law, business torts, trade secrets, non-competition agreements, trademarks, and administrative law. As a former shareholder of an international law firm, he has litigated matters in a broad range of areas of civil law.
Prior to his appointment to the bench, Greg was a shareholder with Ogletree Deakins Nash Smoak & Stewart, one of the nation's leading workplace law firms, where he spent over 26 years as a counselor and litigator for large, medium, and small companies across a wide variety of industries. He litigated in and obtained favorable jury trial verdicts in state and federal courts throughout the United States, including courts in North Carolina, South Carolina, Virginia, Florida and Michigan. Greg was recognized by Best Lawyers in America as a North Carolina Super Lawyer.
Greg earned his B.S. in Industrial and Labor Relations from Cornell University and his J.D. from University of North Carolina School of Law.
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Shepard D. O'Connell is a member of Brooks Pierce McLendon Humphrey & Leonard LLP in Raleigh. She focuses her practice on complex civil litigation and white-collar defense and investigations. A fluent Spanish speaker, Shepard draws on her experience litigating international disputes to serve corporate and individual clients from diverse backgrounds in federal and state courts.
Shepard represents individuals and businesses in high-stakes business matters, particularly in federal court and the North Carolina Business Court. Shepard's broad experience includes litigating shareholder disputes, contract disputes, unfair business practices, misappropriation of trade secrets, and trademark infringement. Shepard also has experience litigating various tort claims arising under state law, including claims for breach of fiduciary duty, breach of contract, and fraud.
Shepherd received her B.A. degree with highest honors from the University of North Carolina at Chapel Hill in 2008, her M.A. degree with distinction from the University of Chile in 2011 and her J.D. degree from the University of California at Berkeley School of Law in 2014.
Click here for more information about Shephard.
Justin N. Outling is a partner with Brooks Pierce McLendon Humphrey & Leonard LLP in Greensboro. Justin focuses his practice on business litigation and white-collar criminal defense. He helps businesses and professionals in a variety of industries and has successfully brought and defended lawsuits in a wide range of matters. Justin also serves as the firm's Director of Diversity & Inclusion.
Justin has successfully defended clients in a wide range of matters, including breach of contract, unfair competition and trade practices, fraud, shareholder disputes, and commercial financing.
Prior to joining Brooks Pierce, Justin practiced law at Cleary Gottlieb Steen & Hamilton, LLP in New York City, where he represented financial institutions and multi-national corporations in securities and other complex litigation, as well as in criminal and regulatory matters.
Justin received his B.A. degree, cum laude, from the University of North Carolina at Greensboro in 2005 and his J.D. degree from Duke University School of Law in 2008.
Click here for more information about Justin.
Gary S. Parsons is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Raleigh. His appellate practice has included cases involving financial regulation, lawyer professional liability, professional licensing, insurance regulation, municipal liability and civil rights actions. He has frequently been retained to assist other lawyers and firms in appellate matters and to advise on appellate procedure.
Gary began his career as a law clerk for Associate Justice J. William Copeland of the North Carolina Supreme Court. Since that time, he has participated in over 125 appeals. He has argued before the U.S. Court of Appeals for the Fourth Circuit, the North Carolina Supreme Court, and the North Carolina Court of Appeals. He has also represented clients before the United States Supreme Court. He has participated in more than 80 trials, over 125 appeals, and has represented clients in courtrooms in at least 70 of North Carolina's 100 counties.
Gary served on the Appellate Rules Committee of the North Carolina Bar Association for fourteen years.
Gary earned his B.S. in Economics from North Carolina State University and his J.D. from University of North Carolina School of Law.
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Preetha Suresh Rini is an attorney at Robinson Bradshaw & Hinson PA in Raleigh. She represents clients in complex business litigation and appeals. She has wide-ranging experience, including contract disputes and business torts involving allegations of fraud, copyright and trademark infringement cases, First Amendment violations, and unfair and deceptive trade practice claims. Preetha has advised clients in various stages of litigation, including fact investigation, discovery, motions practice and appeals.
Prior to joining Robinson Bradshaw, Preetha was an attorney with Ellis & Winters LLP.
Preetha owns and operates her own art business, Prints By Preetha. Her dual role as both a small business owner and a licensed attorney affords her unique insight and perspective for clients dealing with business disputes. She utilizes her own personal experience as a small business owner to provide comprehensive advice to her clients and to develop and maintain litigation strategies that are consistent with their overall business objectives. Additionally, Preetha is actively involved in several local arts organizations in the Triangle.
Preetha earned her B.A., magna cum laude, from Centre College and her J.D., with honors, from the University of North Carolina School of Law. She served as a law clerk to the Honorable Mark A. Davis of the North Carolina Court of Appeals.
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David S. Robinson is of Counsel with Nexsen Pruet LLC in Raleigh. The global commercial marketplace is rapidly becoming both more complex and interwoven. Few attorneys understand the opportunities and dynamics of global trade better than David Robinson. He has assisted clients in cross-border transactions around the world. He has been to over 50 countries. He has run two US subsidiaries of foreign companies. David knows when "yes" means yes and when it means no, and he knows the importance of cultural understanding in international commerce. He helps global businesses integrate corporate compliance and operational programs into subsidiary operations, facilitate the transfer of personnel among operations, comply with export control and boycott regulations, and negotiate commercial and joint venture relationships. Whether your business is a seasoned competitor on the global stage or just 'testing the waters' of foreign opportunities, David can help level your 'playing field.'
David's areas of experience are doing business with China, international business transactions, mergers & acquisitions, commercial law, international law and services and employment and labor law.
David is a Fellow of the Institute of Political Leadership, honorary consul for Japan in North Carolina, North Carolina Bar Association's Board of Governors and the Wake County Economic Development Foreign Direct Investment Committee.
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Devon D. Williams is a Co-Managing Director and labor and employment attorney with Ward and Smith, P.A. in Raleigh. Her practice focuses on a wide range of labor and employment issues, including wage and hour matters, federal contractor compliance, employment discrimination and harassment, employee discipline and termination, personnel policies, and background checks. In matters relating to employee benefits, she concentrates on issues confronting welfare benefit plans (such as medical, dental, and other plans) and their sponsors, including the provisions and impact of the Affordable Care Act.
Devon is a member of the Young Lawyers Division of the North Carolina Bar Association. She received her B.S. degree from the University of Maryland in 2009 and her J.D. degree, cum laude, from Campbell Law School in 2012.
Click here for more information about Devon.