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).

Description

No one could have predicted the personal, professional and legal changes that the new decade would bring.

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 is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Greensboro. Kearns is an acclaimed courtroom advocate, a veteran of both high-profile cases and sensitive matters resolved confidentially. A former federal prosecutor and a Fellow of the American College of Trial Lawyers, he 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. His clients have included public companies, private businesses, elected officials of both major parties, Hall of Fame athletes, Division I coaches, corporate executives, and professionals including doctors, accountants, professors, and numerous lawyers and law firms.

Kearns founded the firm's white-collar defense and investigations practice in 2007. Among his most notable cases, Kearns represented a Division I coach in Operation Varsity Blues, the nationwide college-admissions investigation, obtaining for his client the government's only agreement in those cases to dismiss all charges against a defendant. He successfully defended a former member of Congress against bribery and false statement charges.

Kearns served as president of the North Carolina Bar Association in 2016-17. He also served 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.

Kearns earned his B.A., with honors in History, from Davidson College, his M.A. from Duke University and his J.D., with honors, from University of North Carolina School of Law, where he was the Managing Editor of the North Carolina Law Review.

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 Brooks Pierce McLendon Humphrey & Leonard LLP in Greensboro. She litigates contract and commercial disputes, including unfair trade practices, trade secrets, unfair competition and breach of fiduciary duty claims, on behalf of businesses and professionals in all levels of state and federal courts, including the North Carolina Business Court.

Kim represents professionals and businesses in a variety of industries in complex litigation matters, including matters involving breach of contract, unfair trade practices, trade secrets, and the False Claims Act. Whether it's a single contract or a long-term business relationship that unexpectedly goes bad, Kim has experience helping clients resolve disputes—litigating through trial when necessary. She has significant experience in all stages of litigation from pre-suit resolution through appeal and has tried cases in all levels of state and federal courts, including the North Carolina Business Court.

Kim is particularly skilled at navigating cases with high volumes of documents and extensive discovery needs. She works with our in-house e-discovery staff and utilizes the latest technology to efficiently and effectively manage and analyze documents that can number in the millions. Kim gets to the key information without incurring undue expense.

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.

Kim earned her B.A. in Philosophy and Political Science from Duke University and her J.D., magna cum laude, from Washington and Lee School of Law.

Click here for more information about Kim.
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 Jr.

K. Alan Parry Jr. is the owner of Parry Law in Chapel Hill. He has significant experience handling all types of civil disputes, whether in state court, federal court, or arbitration.

Alan began his career handling complex commercial litigation matters for large corporate clients, first at a firm with offices around the world, and then as a partner at one of the largest law firms in North Carolina. He focuses his practice on commercial litigation, representing individuals and businesses in a wide variety of civil disputes. He also represents policyholders in a variety of insurance-related disputes.

Alan is certified by the North Carolina Dispute Resolution Commission to conduct Superior Court mediations, as well as mediations of estate and guardianship cases, and he serves as an arbitrator in a variety of civil disputes. As a mediator and arbitrator, he offers a balanced perspective based on his years of experience representing both plaintiffs and defendants in civil disputes.

Alan has been listed for many years in The Best Lawyers in America (Commercial Litigation, Bet-the-Company Litigation, and Litigation-Insurance) and has been named by Best Lawyers as a "Lawyer of the Year" in Raleigh on three occasions. He has also been recognized on multiple occasions by North Carolina Super Lawyers magazine and Business North Carolina Magazine's "Legal Elite," and he has earned an A-V rating from Martindale-Hubbell. He is frequently asked to author articles and speak to legal and business groups regarding litigation, dispute resolution, and insurance coverage issues.

Alan earned his B.S., summa cum laude, from TCU and his J.D., magna cum laude, from Duke University Law School.

Click here for more information about Alan.
Caitlin M. Poe

Caitlin M. Poe is a Partner at Williams Mullen in Raleigh. She is is a trial lawyer and regulatory adviser who represents criminal and civil clients, with a particular focus on representing clients adverse to the state or federal government. Her experience includes criminal and civil cases involving securities regulation, intellectual property, consumer protection, environmental compliance, and allegations of health care fraud and financial fraud.

Caitlin 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. She also assists individuals and entities in responding to subpoenas from government agencies or grand juries, identifying and producing documents, preparing for interviews or testimony and working with clients to identify and address any issues or potential exposure through this process.

Caitlin has been named among North Carolina's "Legal Elite" for Criminal Law by Business North Carolina (2019-present). She was named to the publication's "Young Guns" list in 2019 and 2020. She has also been listed in North Carolina Super Lawyers Rising Stars (2018-2022) and named to Benchmark Litigation's 40 and Under Hot List (2018-present). Caitlin is also listed among the "Ones to Watch" by Best Lawyers® (2021-present) and recognized by Chambers USA for Litigation: White-Collar Crime & Government Investigations as an "Associate to Watch" (2021) and "Up and Coming" (2022).

Before entering private practice, Caitlin clerked for the Honorable James C. Dever, III, of the United States District Court for the Eastern District of North Carolina.

Caitlin earned B.A., summa cum laude, from the University of Georgia and her J.D. from the University of Virginia, where she served as editor-in-chief of the Journal of Law and Politics.

Click here for more information about Caitlin.
Amy E. Richardson

Amy E. Richardson is a Managing Partner at HWG LLP in Raleigh, where she serves as Chair of the Legal Ethics and Malpractice group. Her practice focuses on legal ethics and professional responsibility matters, white collar defense and complex commercial litigation.

In her Legal Ethics and Malpractice role, Amy counsels and represents lawyers and law firms in disciplinary investigations and prosecutions and malpractice matters. Her disciplinary experience includes matters before multiple state bars, the USPTO's Office of Enrollment and Discipline (OED) and the Office of Professional Responsibility (OPR). She has represented individual lawyers and law firm in high stakes arbitrations related to partner departures. She also counsels and advises lawyers and law firms in partner admissions and departures, and law firm dissolutions. Amy teaches legal ethics and professional responsibility at Duke University School of Law and Georgetown University Law Center.

In her Complex Civil Litigation practice, Amy handles complex civil cases in federal court, state court, and in arbitration proceedings throughout the United States. She has been involved in several high profile matters. She also works closely with the firm's telecom practice in cases involving the communications-technology industry, including Telephone Consumer Protection Act, intercarrier compensation and access fee disputes.

In her Regulatory Compliance and White Collar Criminal Defense practice, Amy has successfully represented companies before federal and state regulatory agencies and Offices of Inspector General. Her extensive white-collar criminal defense experience includes preparing clients for grand jury appearances and trial work. She also assists clients in identifying, complying with and discovering noncompliance with complex and evolving federal regulatory requirements.

Amy has been recognized by multiple publications for excellence, receiving top rankings for North Carolina litigators in Chambers USA, Best Lawyers, Super Lawyers, and Business North Carolina's "Legal Elite." She is a frequent speaker and leader on ethics and litigation issues. Amy has served as an advisory member of the North Carolina State Bar Ethics committee and as the current Vice Chair of the North Carolina State Bar Client Security Fund. She is the Immediate Past Chair of the North Carolina Bar Association's Litigation Council. Amy is also a member of Federation of Defense & Corporate Counsel (FDCC), Association of Professional Responsibility Lawyers (APRL) and DRI.

Amy earned her her B.A., summa cum laude, from the University of North Carolina and her J.D., cum laude, from 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 member of Ward Black Law in Greensboro. She supports 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 B.S. in Psychology, summa cum laude. She went on to pursue law at the Campbell University School of Law, obtaining a J.D. 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.

Audrey is a member of the Greensboro Bar Association, American Association for Justice, North Carolina Association of Women Attorneys and the Piedmont Triad Women Attorneys.

Click here for more information about Audrey.
R. Matthew "Matt" Van Sickle

R. Matthew "Matt" Van Sickle is a partner with Van Sickle Law PLLC in Cary. He 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 is 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.

After obtaining a B.A. degree from Wake Forest University in Winston-Salem moved to Bloomington, IN, to attend law school. After passing the Indiana bar exam, Matt began practicing law with an Ohio-based law firm, with a civil litigation practice focusing on collection and insurance subrogation litigation. He gained valuable courtroom experience in his first three years of practice, including first-chair bench and jury trial experience. He guided clients through the entire litigation process, from filing the initial pleadings, to discovery and final through resolution of the matter through trial, mediation, or negotiation.

In 2007, Matt returned to North Carolina and joined C. Thomas Ross, an experienced solo practitioner in a busy construction and insurance litigation practice.

Matt continues to represent clients that he first worked with when he returned to North Carolina in 2007 and looks forward to assisting new clients navigate the complexities of civil litigation.

Click here for more information about Matt.
Hayley R. Wells

Hayley R. Wells is a Alcoholic Beverage and Employment Attorney with Ward and Smith PA in Asheville. Her 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.

Hayley is a member of the Asheville Brewers Alliance, Buncombe County Bar, Colorado and North Carolina Bar Associations and the Western North Carolina Human Resources Association.

Hayley earned her B.A., cum laude, in International Business and M.B.A. from The University of Georgia and her J.D., cum laude, from The University of Georgia School of Law.

Click here for more information about Hayley.

Thank you

Description

Contributors

M. Ann Anderson

Mark E. Anderson

Wilburn Oscar "Bill" Brazil III

Wes J. Camden

Kearns Davis

Joan S. Dinsmore

Judge James L. Gale

Kimberly M. Marston

Valecia M. McDowell

Kellie Z. Myers

K. Alan Parry Jr.

Caitlin M. Poe

Amy E. Richardson

Judge A. Graham Shirley II

Audrey Z. Snyder

R. Matthew "Matt" Van Sickle

Hayley R. Wells