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2021 Antitrust & Complex Business Disputes Law Section Program

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 (Moderator)
Justin N. Outling, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro
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 (Optional Event)
This session does not provide MCLE credit.

A panel of attorneys discuss 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 for more information and to sign up for this optional event.

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

Description

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.

Contributors

  • Chief Judge Louis A. Bledsoe III

    Chief Judge Louis A. Bledsoe III has served as a North Carolina Special Superior Court Judge for Complex Business Cases in Charlotte since July 1, 2014. 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. Upon completion of his clerkship in 1985, Judge Bledsoe joined the law firm of Robinson, Bradshaw & Hinson, P.A. in Charlotte, North Carolina, 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. He is a member of the American College of Business Court Judges.

    Click here for more information about Judge Bledsoe.

  • Stephen V. Carey

    Stephen V. Carey, Parker Poe Adams & Bernstein LLP, Raleigh

    Click here for more information about Stephen.

  • Judge Adam M. Conrad

    Judge Adam M. Conrad, North Carolina Business Court, Charlotte

    Click here for more information about Judge Conrad.

  • Joshua B. Durham

    Joshua B. Durham, Bell Davis & Pitt PA, Charlotte

    Click here for more information about Josh.

  • Ross R. Fulton

    Ross R. Fulton, Rayburn Cooper & Durham PA, Charlotte

    Click here for more information about Ross.

  • Shana L. Fulton

    Shana L. Fulton, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh

    Click here for more information about Shana.

  • Senior Business Court Judge James L. Gale

    Senior Business Court 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

    Kimberly B. "Kim" Gatling, Fox Rothschild LLP, Greensboro

    Click here for more information about Kim.

  • Danielle C. Gray

    Danielle C. Gray, Blue Cross and Blue Shield of North Carolina, Durham

    Click here for more information about Danielle.

  • Grace A. Gregson

    Grace A. Gregson, Smith Anderson Blount Dorsett Mitchell & Jernigan, Raleigh

    Click here for more information about Grace.

  • Robert E. "Rob" Harrington

    Robert E. "Rob" Harrington is a member of Robinson Bradshaw & Hinson PA in Charlotte. Rob litigates complex business disputes. He represents corporate clients in a broad range of contract, 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 frequently defended financial institutions in consumer lending disputes and lawsuits arising from their service as fiduciaries.

    Rob 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 serves 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 annual Power 100 list for 2020.

    Rob received his B.A. degree, magna cum laude, from Duke University and his J.D. degree with high honors from Duke University School of Law in 1987.

    Click here for more information about Rob.

  • Corri A. Hopkins

    Corri A. Hopkins, Parker Poe Adams & Bernstein LLP, Raleigh

    Click here for more information about Corri.

  • Gwendolyn W. Lewis

    Gwendolyn W. Lewis, Lincoln Derr PLLC, Charlotte

    Click here for more information about Gwendolyn.

  • Judge Gregory P. McGuire

    Judge Gregory P. McGuire was appointed a Special Superior Court Judge by Governor Pat McCrory on September 30, 2014 and assigned to the North Carolina Business Court for Complex Business Cases in Raleigh, North Carolina. Since October 10, 2014, Judge McGuire has been responsible for all aspects of the complex business lawsuits assigned to the Raleigh location of the North Carolina Business Court, as well as managing two full time law clerks and a Trial Court Coordinator. Prior to his appointment to the bench, Judge McGuire 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. Judge McGuire was recognized by Best Lawyers in America as a North Carolina Super Lawyer. Judge McGuire obtained his B.S. degree from Cornell University in 1984 and his Juris Doctor from the University of North Carolina, Chapel Hill, in 1987. He is a member of the American College of Business Court Judges.

    Click here for more information about Judge McGuire.

  • Shepard D. O'Connell

    Shepard D. O'Connell, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh

    Click here for more information about Shepard.

  • Justin N. Outling

    Justin N. Outling, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro

    Click here for more information about Justin.

  • Gavin B. Parsons

    Gavin B. Parsons, Coats & Bennett PLLC, Cary

    Click here for more information about Gavin.

  • Preetha Suresh Rini

    Preetha Suresh Rini, Ellis & Winters LLP, Raleigh

    Click here for more information about Preetha.

  • David S. Robinson

    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.

    Click here for more information on David.

  • Devon D. Williams

    Devon D. Williams, Ward and Smith PA, Raleigh

    Click here for more information about Devon.

February 4, 2021
Thu 7:55 AM EST

Duration 9H 5M

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