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Letter of the Law: Practicing Litigation in 2021 (2021 Litigation Section Program)

8:55        Welcome and Introductions

9:00        Ethics in the Current World*

Amy E. Richardson, Harris Wiltshire & Grannis LLP, Raleigh

Remote work, virtual hearings, and case delays are now features of litigation. This session discusses how attorneys can meet their ethical responsibilities while adjusting to the new litigation landscape. Topics include competence and diligence in light of changing technology, guarding client confidentiality in a remote work environment, and duties to adversaries and third parties.

10:00      Break

10:10      Chambers Chatter*

Judge James L. Gale, North Carolina Business Court, Greensboro
Judge A. Graham Shirley II, North Carolina Superior Court, Raleigh
Kellie Z. Myers, 10th Judicial District, Raleigh

Senior Business Court Judge James L. Gale, Superior Court Judge Graham Shirley and Trial Court Administrator Kellie Myers present an updated discussion that covers several Rules of Professional Conduct, with a focus on preparing to appear in court, whether in-person or virtually. The panel also discusses upcoming changes to the court system, including plans for electronic filing.

Includes 0.50 hours of Ethics/Professional Responsibility credit.

11:10      Break

11:20      The Wolf Is at the Door: When Law Enforcement Contacts Your Client

Kearns Davis, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro

A grand jury subpoena. A letter from a prosecutor. A visit from a detective or federal agent. A search warrant for your client's home or business. What do you do? Your client expects you to know, like the "doctor in the house" in a crowded theater. Find out how to respond when the stakes are high and time is short.

12:05      Break

12:15      Conducting Internal Investigations

Valecia M. McDowell, Moore & Van Allen PLLC, Charlotte

This session covers a wide range of legal and practical issues that arise when conducting an internal or governmental investigation into conduct by corporate owners, officers and/or employees.

1:00        Lunch Break

1:30        Navigating the Shoals During Parallel Criminal and Civil Litigation

Wes J. Camden, Williams Mullen, Raleigh
Caitlin M. Poe, Williams Mullen, Raleigh

The ever-increasing breadth and scope of criminal law has resulted in an increase in cases where your client's exposure goes far beyond a money judgment. Navigating parallel civil and criminal proceedings presents a wide array of complex issues and calls for careful strategic thinking. Gain insight from the presenters as they share their thoughts on how to best chart these treacherous waters.

2:30        Break

2:40        Video Depositions and 30(b) Depositions

Mark E. Anderson, McGuireWoods, Raleigh
Joan S. Dinsmore, McGuireWoods, Raleigh
Kimberly M. Marston, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro

Explore how the coronavirus pandemic has caused significant changes to the civil justice system, including disrupting or temporarily halting court operations, and introducing challenges into otherwise routine litigation activities. While some litigants are hoping to continue using the pandemic to stall litigation, with some experts projecting more months of social distancing guidelines, most parties and their counsel have to conduct many or most of their depositions remotely. Attorneys who can master the art of the remote deposition have an enormous tactical advantage in motions practice, at mediation and at trial. The session also includes discussion about technology attorneys can employ to successfully conduct remote depositions and use those depositions at trial.

3:55        Break

4:05        Mediation Panel

M. Ann Anderson, Attorney at Law, Pilot Mountain
Wilburn Oscar "Bill" Brazil III, Brazil & Burke PA, Asheville
Alan Parry, Parry Law PLLC, Chapel Hill

Receive practical tips for remote mediations — from contacting the mediator and coordinating with clients pre-mediation, to using documents and breakout rooms during the mediation process, to finalizing an agreement and obtaining signatures. This presentation also explores the dos and don'ts of remote mediation and discusses effective openings.

5:05        Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit
‡ Indicates portion providing Technology Training credit



Thank you

Thank you for joining us for Letter of the Law: Practicing Litigation in 2021 (2021 Litigation Section Program).

Contributors

  • M. Ann Anderson

    M. Ann Anderson is an attorney-mediator and arbitrator who has been mediating since 1993. Ms. Anderson is a Past Chair of the Dispute Resolution Section and of the Labor and Employment Section of the NC Bar Association. She served on the NC Bar Association Board of Governors from 2008-2011.

    Currently Ms. Anderson continues to be active in the NCBA serving on the Board of BarCARES and on the Board of the North Carolina Bar Foundation (Endowment Committee Chair, term ending 2021). For her work with the Sections, Ms. Anderson was recognized with the Peace Award from the Dispute Resolution Section in 2014 and The Labor and Employment Law Distinguished Practitioner Award in 2019.

    Click here for more information about Ann.

  • Mark E. Anderson

    Mark E. Anderson is an acclaimed litigator who leads McGuireWoods' national trial team and represents clients in their most challenging matters in courts across the country. Throughout his 30-year career, he has prepared hundreds of complicated cases for trial and has served as lead appellate counsel in dozens of reported decisions. His work in high-profile matters across industries has earned him inductions into the American College of Trial Lawyers, the International Academy of Trial Lawyers and the American Board of Trial Advocates.

    Mark began his career handling jury trials throughout North Carolina, mentored by some of the state's finest trial lawyers. Originally focusing on the malpractice arena, he sharpened his skills taking and defending remote depositions for clients who saw them as a more cost-effective alternative to in-person questioning. Mark now handles a broad array of matters including product liability, commercial disputes, financial contracts, toxic torts, mass torts, and insurance coverage disputes. In the past year, as depositions in even the most complex cases have necessarily transitioned to videoconference, Mark has used his experience to execute smooth examinations that result in trial-ready video testimony from key witnesses.

    Click here for more information about Mark.

  • Wilburn Oscar "Bill" Brazil III

    Wilburn Oscar "Bill" Brazil III has practiced law in Western North Carolina for 30 years as a trial attorney, trying more than 100 cases to jury verdict. His skills in dispute resolution led to his developing one of the premier alternative dispute resolution practices in the region, helping people settle their disputes, outside of a courtroom, avoiding the delay, risk, and stress, that is associated with litigation and trial. Bill is certified to mediate Superior Court cases and Family Financial Settlement, by the North Carolina Dispute Resolution Commission.

    Bill has achieved an "AV - Preeminent" Martindale Hubble rating (peer rated) and has been named one of the North Carolina's "Legal Elite" by North Carolina Business Magazine. He was nationally recognized by Board Room Magazine for his leadership skills as one of the top twenty private club presidents in the country.

    In his spare time, Bill enjoys playing golf and snow skiing. He is an Alpine Patroller with the National Ski Patrol and is an Outdoor Emergency Care instructor. He serves as Legal Advisor to the Southern Division of the National Ski Patrol. He also enjoys traveling and reading about the history of the British Navy during the Napoleonic War.

    Click here for more information about Bill.

  • Wes J. Camden

    Wes J. Camden works with clients who find themselves under scrutiny from the government. His goal in each representation is to craft a solution that is tailored to the client's need. In some cases, that calls for compiling a team to manage the response to a large-scale government investigation or prepare for trial. In others, it can be as simple as a phone call to the investigating agents to clear up confusion about a business practice. Wes's clients range from Fortune 500 companies to small business owners and professionals, and the work he does for those clients spans from the boardroom to the courtroom.

    Click here for more information about Wes.

  • Kearns Davis

    Kearns Davis founded Brooks Pierce's white-collar defense and investigations practice in 2007. A former federal prosecutor, Kearns served as an Assistant United States Attorney for the Middle District of North Carolina from 2003-07. He began his career as a law clerk to Chief Judge Sam J. Ervin, III, of the Fourth Circuit Court of Appeals, in 1995-96, and he has taught trial advocacy at the University of North Carolina School of Law, Elon University School of Law, and the U.S. Department of Justice’s National Advocacy Center. Kearns has tried jury cases at all levels of federal and North Carolina trial courts, and he represents clients in U.S. trial and appellate courts across the country.

    Kearns graduated from Davidson College in 1991, with Honors in History; earned a Master's degree from Duke University while working as a graduate assistant football coach; and received his J.D. with Honors from the University of North Carolina School of Law. He has served the North Carolina Bar Association as President, as Chair of the Criminal Justice Section, as Chair of the Young Lawyers Division, and as a frequent speaker on federal criminal and litigation practice.

    Click here for more information about Kearns.

  • Joan S. Dinsmore

    Joan S. Dinsmore represents businesses and institutions in a wide range of litigation matters throughout the United States, including product liability, toxic torts, professional malpractice, business torts and contract disputes. She has a substantial background working with highly technical medical and technology topics, and has extensive experience working with, preparing, deposing, and cross-examining expert witnesses.

    Due to the nationwide scope of her practice and the realities of representing international clients, Joan has taken and defended depositions by video for a number of years before the coronavirus pandemic made the practice more ubiquitous. She now uses that experience to prepare client representatives and expert witnesses for an increase in videoconference testimony and to help her colleagues as they embark on their first forays into remote depositions.

    Click here for more information about Joan.

  • Judge James L. Gale

    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 M. Marston

    Kimberly M. Marston is a partner based in the Greensboro office of Brooks, Pierce, McLendon, Humphrey & Leonard, LLP. Kim focuses her practice on business litigation, counseling and representing individuals and businesses in state and federal courts, including the North Carolina Business Court. Kim also regularly litigates insurance coverage disputes and defends lawyers accused of professional negligence.

    Kim was one of 26 lawyers recognized in 2021 as a "Rising Star" by North Carolina Lawyers Weekly. She was also recognized in North Carolina Super Lawyers as a "Rising Star" in Business Litigation in 2021, and selected by her peers for inclusion in The Best Lawyers in America "Ones to Watch" for Commercial Litigation in 2021.

    Click here for more information about Kimberly.

  • Valecia M. McDowell

    Valecia M. McDowell has brought her candor, pragmaticism, and diligence to bear on behalf of her clients, establishing herself as the go-to attorney in her field. Valecia has experience conducting internal investigations across the United States, Europe, Asia, and South America, with specific knowledge and experience in the areas of employee conduct risk and consumer finance investigations.

    She has represented clients in disputes, investigations, and negotiations involving domestic authorities, such as the Federal Reserve Board, Office of the Comptroller of the Currency, Consumer Financial Protection Bureau, Department of Housing and Urban Development, Department of Justice, Securities and Exchange Commission, Financial Industry Regulatory Authority, Commodity Futures Trading Commission, United States Department of Agriculture, Office of Inspector General, Congress, State Attorneys General in the United States, and international authorities, such as, the U.K. Financial Conduct Authority (FCA), the Japanese Financial Services Agency (JFSA), and the Comissão de Valores Mobiliarios (the Brazilian Securities Commission).

    Valecia has served as a guest instructor at the Duke University School of Law, teaching a course on internal investigations, and has twice been invited to speak regarding conduct risk management at the SIFMA C&L Annual Seminar.

    Valecia has also written or been featured in articles published by Bloomberg, American Banker, Corporate Compliance Insights, and Inside Counsel on the topics of internal investigations and risk management.

    Click here for more information about Valecia.

  • Kellie Z. Myers

    Kellie Z. Myers has been the Trial Court Administrator for the Tenth Judicial District (Wake County) since 2014. Prior to becoming the Trial Court Administrator, Kellie worked at the North Carolina Administrative Office of the Courts as a state-wide Case Management Specialist in the areas of Domestic Violence and Language Access. She has served as an employment mediator for the North Carolina Office of Human Resources since 2012. Kellie graduated from the Pennsylvania State University School of Law and received her B.A. from UNC-Chapel Hill with a double major in political science and psychology. She is currently licensed to practice law in the State of North Carolina.

    Kellie is a member of the North Carolina Bar Association and the Wake County Bar Association (Bench-Bar Committee; Social Committee). She currently serves on the North Carolina Commission on the Administration of Law & Justice Technology Sub-Committee, the NCAOC Language Access Stakeholders' Committee, the NCAOC Digital Recording Stakeholders' Committee, and is Co-Secretary of the Susie Sharp Inn of Court. Kellie is past Co-Chair of the Duke University Medical Center Family Advisory Board and served on the Board of Directors of the Neonatal Intensive Care Unit of the Duke University Medical Center.

    Click here for more information about Kellie.

  • K. Alan Parry

    K. Alan Parry is a commercial litigator who began his career handling complex commercial cases at a firm with offices around the world, and then as a partner at one of the largest law firms in North Carolina. He has since founded a commercial litigation boutique firm, Parry Law PLLC, that handles commercial cases in state courts (including the North Carolina Business Court), federal courts, and arbitration proceedings around the State.

    Alan has been listed in The Best Lawyers in America (Commercial Litigation, Bet-the-Company Litigation, and Litigation-Insurance), and has also been recognized by North Carolina Super Lawyers magazine and Business North Carolina's "Legal Elite." He is the current chair of the Litigation Section of the North Carolina Bar Association. In addition to his litigation practice, Alan is certified by the NC Dispute Resolution Commission to conduct Superior Court mediations.

    Click here for more information about Alan.

  • Caitlin M. Poe

    Caitlin M. Poe is a litigation attorney and regulatory adviser who represents criminal and civil clients, with a particular focus on representing professional clients adverse to the state or federal government. Her experience includes criminal and civil cases involving securities regulation, intellectual property, consumer protection, environmental compliance, health care fraud and financial fraud. Caitlin also represents business entities and individuals in connection with government and internal investigations, and she is skilled in managing complex civil litigation matters in federal and business court.

    Click here for more information about Caitlin.

  • Amy E. Richardson

    Amy E. Richardson is a partner with Harris, Wiltshire & Grannis, where she serves as Chair of the Legal Ethics and Malpractice group. Richardson counsels and represents lawyers and law firms in disciplinary investigations and prosecutions and malpractice matters. She counsels and advises lawyers and law firms in partner admissions and departures, and law firm dissolutions. She teaches ethics and professional responsibility at the Georgetown University Law Center and Duke University School of Law.

    Click here for more information about Amy.

  • Judge A. Graham Shirley II

    Judge A. Graham Shirley II of Apex, has practiced law in Raleigh since 1993, and was sworn into office in September 2015 as a Wake County Superior Court judge. He grew up in Virginia, graduated from the Virginia Military Institute and received his law degree from the College of William and Mary.

    Click here for more information about Judge Shirley.

  • Audrey Z. Snyder

    Audrey Z. Snyder is an attorney supporting the firm in the areas of injury claims, including defective products, occupational diseases, and workers' compensation. She began working with Ward Black Law late in 2017 as a contract attorney and formally joined the team in the spring of 2018. She engages her passion for helping the defenseless and has a desire to "stand up for the little guy."

    Audrey began her undergraduate studies at Campbell University, earning a Bachelor of Science in Psychology. She went on to pursue law at the Campbell University School of Law, obtaining a Juris Doctor and graduating Cum Laude. Audrey was a very active member of the Mock Trial team and competed in national competitions including the National Civil Trial Competition (NCTC) and American Association for Justice (AAJ) Mock Trial Competition. Her mock trial endeavors earned her the Order of Old Kivett Award, an award given for exemplary representation in advocacy competitions while maintaining the highest ethical standards.

    A native of Lewisburg, West Virginia, Audrey is the oldest of five siblings and the first in her family to pursue a career in law. She met her husband, Gabe, while they both attended undergraduate school at Campbell University and later attended law school together. Her family background shaped the way she relates with people, developing her leadership skills with a balance of both ambition and kindness.

    Click here for more information about Audrey.

  • R. Matthew "Matt" Van Sickle

    R. Matthew "Matt" Van Sickle represents North Carolina and out-of-state businesses and individuals in state and federal courts throughout North Carolina, in a variety of areas, including construction litigation, commercial litigation, and employment law. Matt s also certified to mediate cases by the North Carolina Dispute Resolution Commission and has mediated a variety of cases pending before the North Carolina Superior Courts and the North Carolina Industrial Commission.

    Click here for more information about Matt.

  • Hayley R. Wells

    Hayley R. Wells practice primarily focuses on alcoholic beverage law, labor and employment law, and civil litigation.

    As head of the firm's Alcoholic Beverage law Practice Group, she regularly advises brewery and other craft alcoholic beverage clients in various aspects of the law, including permitting, negotiation, preparation and termination of distribution agreements, defense of ALE enforcement actions, labeling compliance, interpretative guidance, music licensing, liability waivers, festival questions, and personnel matters.

    Hayley also regularly advises individual and corporate clients in matters of covenants not to compete, employment discrimination, discipline and termination, harassment, wrongful discharge, wage and hour matters, personnel policies and procedures, and preparation of employee handbooks and employment agreements.

    Additionally, she represents both corporate and individual clients in all aspects related to litigation including hearings, depositions, discovery, mediation, arbitration, and trial. Her experience ranges from commercial litigation to personal injury matters.

    Click here for more information about Hayley.

May 19, 2021
Wed 8:55 AM EDT

Duration 8H 10M

This live web event has ended.