A Little Bit of Old, A Little Bit of New (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

Thank you

Thank you for joining us for A Little Bit of Old, A Little Bit of New (2021 Administrative Law Section Program).

Description

Learn a little bit of old and a little bit of new at the 2021 Administrative Law Section Program.

Contributors

Marcelius Braxton

Marcelius Braxton is the Assistant Dean of Students at Capital Law School and serves as a diversity, equity, and inclusion consultant. He has a BS in Political Science, Philosophy, and Economics with an African Studies Certificate from the University of Pittsburgh, an M.A. in Philosophy from the University of Missouri, and a J.D. (Juris Doctor) from the University of North Carolina School of Law.

Prior to Capital Law School, Marcelius was the director of the African American Cultural Center at Austin Peay State University where he worked on issues of race, diversity, social justice, equity, and inclusion for the University. He has also worked at Missouri S&T as a Coordinator for the Student Diversity, Outreach, and Women's Programs.

Marcelius has experience teaching courses in Philosophy, Political Science, African American Studies, Leadership and Organizational Administration, and the First Year Experience.

Click here for more information about Marcelius.
Christina D. Cress

Christina D. Cress practices primarily in the areas of energy & utilities law, employment law, and administrative law, including occupational and professional licensing matters.

Before joining Commission staff, Christina served as in-house counsel to the North Carolina Board of Funeral Service and, for a time, as its Interim Executive Director. While at the Board, Christina prosecuted alleged violations of the laws and rules enforced by the Board, advised the Board on various regulatory compliance matters, and served as the Board's Ethics Liaison, Rulemaking Coordinator, Records Custodian, and Legislative Liaison.

Immediately after law school, Christina spent her first two years in practice defending insurance companies and their insured members from a variety of civil liability actions. During this time, Christina single-chaired a three-day jury trial in Wake County Superior Court, seven District Court bench trials, and litigated numerous cases from the pleadings phase through adjudication or settlement.

Originally from a small Florida town, Christina fell in love with North Carolina when she moved in 2010 to attend law school in Chapel Hill. Save from traveling, she hasn't left the state since. Out of the office, Christina usually is immersed in reading for her book club or playing with her rescue dogs, George and Kramer.

Click here for more information about Christina.
David P. Ferrell

David P. Ferrell is a shareholder and the public policy practice group leader at Maynard Nexsen PC in Raleigh. He 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. He 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.

David is a member of the Wake County and North Carolina Bar Associations and the North Carolina Professional Lobbyist Association. He also serves as general counsel to North Carolina business and trade associations, as well as to state professional licensing boards.

David earned his B.A. from the University of North Carolina Chapel Hill and his J.D. from Campbell University School of Law.

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Glenn B. Lassiter Jr.

Glenn B. Lassiter Jr. grew up in the upper end of Moore County with family roots in the Jugtown Pottery area on his Mom's side and the Robbins area and Montgomery County on his Dad's side. Glenn attended UNC where he graduated from Kenan Flagler Business School in 1983 and earned a JD in 1986.

Glenn began his legal career with the former DHR (now DHHS) before an eight year stint at the NC ABC Commission as staff counsel. In 1997 he opened a solo general law practice in Chatham County, with a concentration in administrative law. Glenn's admin law clients have included many family owned businesses as well as regional retailers, national theater chains, and even multi-national corporations. While most are ABC affiliated, Glenn also practices in many other areas of admin law, local, state and occasionally federal.

Glenn and his wife Melissa live south of Chapel Hill near Jordan Lake with their son Glenn III, 18, a freshman at UNC and their daughter Rachel, 16, a sophomore at Northwood High in Pittsboro, their Black Lab Brisco and their cat, Butterscotch.

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Clinton R. "Clint" Pinyan

Clinton R. "Clint" Pinyan is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Greensboro. He has an extended and varied practice focused on government regulation of businesses and professionals. He advocates for clients and advises them in a variety of settings, concentrating on complex business and commercial litigation, administrative and regulatory law.

Clint represents both regulators and regulated businesses and professionals, giving him extensive experience on both sides of the regulatory process. He serves as general counsel to the North Carolina Board of Pharmacy and has represented other state and local government agencies, counties and municipalities. He also represents regulated persons before agencies such as the Board of Certified Public Accountant Examiners, the Medical Board, the Board of Dental Examiners, the Psychology Board and the Social Work Certification and Licensure Board. Clint has litigated dozens of administrative hearings in North Carolina.

Clint has served on the Section Council of the Administrative Law Section and is a former Chair of the Antitrust & Complex Business Disputes Law Section. He has spoken at numerous continuing legal education programs on administrative law and antitrust law issues (and often the interaction between the two).

Clint graduated from Wake Forest University and the University of Chicago Law School. After law school, he clerked for the Honorable Frank W. Bullock on the United States District Court for the Middle District of North Carolina and practiced in the Supreme Court litigation section of an international law firm based in Washington D.C., before he returned home to Brooks Pierce.

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Alan M. Schneider

Alan M. Schneider is a partner with the law firm of Cheshire Parker,Schneider PLLC. His principle area of practice involves representing lawyers, doctors, accountants, realtors and other licensed professionals in administrative disciplinary proceedings before their respective licensing Boards. He routinely provides confidential advisory opinions on ethics issues and preventative risk-management consultations.

Alan is the former Chair of the Ethics Committee for the North Carolina Bar Association's Criminal Justice Section. He frequently speaks and writes on topics involving legal ethics, professional responsibility and defending licensed professionals in disciplinary proceedings.

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John R. Szymankiewicz

John R. Szymankiewicz is a licensed professional engineer and attorney in North Carolina. Embarking on a second career, John went to law school at night while juggling a demanding full-time job, a family, and teaching at a local martial arts school.

Seeing the need for experienced attorneys who are focused on their client's needs, John launched his own law firm in 2010. Since then, his practice has focused on developing ongoing relationships, becoming a business partner with clients instead of being merely a supplier of services. He has earned the trust and respect of entrepreneurs and growing businesses by serving as a collaborator in his client's efforts to be successful. John joined Matheson & Associates in 2014.

John is a distinguished member of the board of directors for the Wake County Bar Association, which recently presented him with the President's Award for his services to the Wake County Legal Community. He is a member of the North Carolina Bar Association and serves on the Council of the Solo, Small Firm, and General Practice Section. In addition to the North Carolina and Wake County Bar Associations, he is also a member of the 10th Judicial District Bar and the American Bar Association. He is licensed to practice in all of North Carolina State Courts, the Eastern and Middle Districts of North Carolina's Federal and Bankruptcy Courts, and the United States Supreme Court.

John has been featured in Attorney at Law Magazine (Triangle Edition), the Raleigh News & Observer, and the Triangle Business Journal.

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Frank Trainor

Frank Trainor has been the staff attorney for the North Carolina State Board of CPA Examiners in Raleigh since 2011. He provides general legal advice to the Board and oversees the Board's Professional Standards section, which focuses on the discipline of CPAs in the State of North Carolina and enforcement against the unauthorized use of the CPA title in the State.

Prior to his current position, Frank was in private practice focusing on administrative law, where he represented other occupational licensing boards as well as numerous licensees facing disciplinary action.

Frank earned his bachelor's degree from the University of North Carolina in Chapel Hill and his J.D. from Tulane University.

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Thank you

Description

Contributors

Marcelius Braxton

Christina D. Cress

David P. Ferrell

Glenn B. Lassiter Jr.

Clinton R. "Clint" Pinyan

Alan M. Schneider

John R. Szymankiewicz

Frank Trainor