Description
Learn a little bit of old and a little bit of new at the 2021 Administrative Law Section Program.
8:55 Welcome and Introductions
9:00 Legislative Updates
David P. Ferrell, Nexsen Pruet LLC, Raleigh
This session highlights recent and pending legislative items of interest to attorneys practicing in the administrative law areas. Learn about the significant changes for administrative agencies, and those practicing before them, related to the state's emergency regulations arising from the pandemic.
9:30 Break
9:40 Case Law Updates
Clinton R. Pinyan, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro
Keep up to date on North Carolina and federal cases impacting those practicing administrative law.
10:10 Break
10:20 When a Licensing Board Comes Knocking at Your Door: The Dos and Don'ts of Responding to a Disciplinary Investigation
Alan M. Schneider, Cheshire Parker Schneider PLLC, Raleigh
Learn from a lawyer experienced in practicing before the State Bar and occupational licensing boards about strategies and approaches to defending professionals who have been notified of potential disciplinary action.
10:50 Break
11:00 The Intersection of Regulation, Criminal Laws and Administrative Law: Alcohol Permitting, Liquor Licensure and Violation Cases
Glenn B. Lassiter Jr., Glenn Lassiter Law, Pittsboro
Hear from an attorney who worked for the NC Alcoholic Beverage Control Commission for a decade before going into private practice to represent clients in hearings before the ABC Commission or OAH. Learn about the administrative law side: how businesses (restaurants, bars, clubs, etc.) must apply for and obtain a permit/license before serving or selling alcohol. Then, learn about the criminal law side: issues those same businesses encounter with local police and ALE officers. The session concludes by coming full circle back to the administrative law realm: contested case hearings and permit/license violation cases before the ABC Commission or OAH.
11:30 Break
11:40 Why Systemic Discrimination and Inequity Require Us to Rethink the Role of Intent and Impact in our Policies and Laws*
Marcelius Braxton, Capital University School of Law, Columbus, OH
In law school, we often learned about the difference between intent and impact. We know that some laws, policies and structures have a certain impact on entities or people that were not explicitly stated or intended. Consider that perhaps we do ourselves a disservice by treating intent as an individual, standalone factor without also considering historical context. White supremacy, racial hierarchy and anti-Blackness have been present for centuries, and we need to revise how we examine a policy or law's intent in light of these systemic inequities.
1:10 Adjourn
*Indicates portion providing Ethics/Professional Responsibility credit
Learn a little bit of old and a little bit of new at the 2021 Administrative Law Section Program.
Marcelius Braxton, Capital University School of Law, Columbus, OH
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Christina D. Cress, Bailey & Dixon LLP, Raleigh
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David P. Ferrell concentrates his law practice in civil matters, including civil litigation, professional liability defense, energy and public utilities, legislative representation and lobbying, eminent domain and real estate litigation, administrative and regulatory matters, government contracts, and construction litigation.
David represents architects, engineers, project owners, contractors, and liability carriers in a variety of construction, professional liability, insurance coverage, employment and contract disputes, as well as in other matters. David represents clients in financial services, title insurance and securities litigation. His practice is broad in scope and includes mediation, arbitration and litigation in state and federal courts.
David is a North Carolina registered lobbyist and has experience in state, local and executive branch lobbying, grass roots campaigns, and regulatory compliance. His government relations experience includes a diverse group of clients and a wide range of issues, which has allowed him to appear in and monitor legislation in most of the standing legislative committees and interim study committees.
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Glenn B. Lassiter Jr., Glenn Lassiter Law, Pittsboro
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Clinton R. Pinyan, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro
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Alan M. Schneider, Cheshire Parker Schneider PLLC, Raleigh
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John R. Szymankiewicz is an attorney and the founder of Beer Law Center, a boutique law practice focusing on representing craft alcohol producers, distributors and sellers. For the last 10+ years, John has dedicated his practice to the craft beverage industry. He and Beer Law Center help business clients start up and grow while navigating the complexities of alcohol regulation at the federal, state and local levels. John is the author of Beer Law: What Brewers Need to Know and has been a homebrewer for over 20 years. He, his wife and their two basset hounds live in Raleigh.
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Frank X. Trainor, NC Board of CPA Examiners, Raleigh
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