8:10 Welcome and Introductions
8:15 Business or Legal? Navigating Complex Privilege Issues
Sarah A. Sheridan, Moore & Van Allen PLLC, Charlotte
Attorneys, particularly those working as in-house counsel, often wear multiple hats and are expected to provide both legal and business advice. This session provides an overview of recent North Carolina case law developments regarding the scope and limitations of the attorney-client privilege, particularly in the context of when communications contain intertwined legal and business advice.
9:15 Break
9:25 Using Experts in Complex Litigation
Demi L. Bostian, Robinson Bradshaw, Chapel Hill
Brian D. Burns, FORVIS LLP, Richmond, VA
Emma T. Kutteh, Robinson Bradshaw, Charlotte
Cases can be won or lost on the strength of expert testimony. This session provides the perspective of both an experienced expert witness and lawyers on strategies for how to best utilize expert witnesses in developing a winning case strategy.
10:25 Break
10:35 The Opioid Litigation: Reaching a Global Settlement
W. Swain Wood, Morningstar Law Group, Raleigh
The opioid litigation has been one of the largest nationwide litigations in history, involving private plaintiffs and attorneys general from across the country. In this session, Swain Wood, the first assistant attorney general, summarizes the global settlement reached recently between a number of states and the large opioid defendants.
11:05 Break
11:15 Building Trust (With Colleagues, Clients and the Bench)*
Taylor M. Dewberry, Smith Anderson Blount Dorsett Mitchell & Jernigan LLP, Raleigh
Jeremy M. Falcone, Ellis & Winters LLP, Greensboro
Jane Y. Paksoy, IQVIA, Chapel Hill
Preetha Suresh Rini, Robinson Bradshaw, Chapel Hill (Moderator)
This panel of speakers, with experience in private practice and in-house roles, illustrates practices for building trust with colleagues, opposing counsel, clients, and neutral mediators and judges. The panelists examine professionalism and candor, and they also discuss how achieving and maintaining a high level of trust increases success for both the individual lawyer and the law firm as an organization.
12:15 Lunch Break
1:15 The Price We Pay as Professional Problem Solvers†
Candace A. Hoffman, North Carolina Lawyer Assistance Program, Raleigh
Compassion fatigue has been widely studied in social workers and first responders to crisis situations. New ground-breaking research has revealed the impact of this condition on those working in the legal profession. Given that compassion fatigue is akin to burnout, this session resonates deeply for lawyers from all practice areas. This session focuses on the condition itself, the brain science behind it, why and how lawyers may find themselves vulnerable to it, and how to mitigate it.
2:15 Break
2:30 Insurance Issues in Complex Litigation
Gary S. Parsons, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh
Insurance is not always the first thing lawyers think about when a client is sued, but it should be on the list. As Harvard University recently found, failing to consider antitrust in a timely fashion can have multi-million-dollar consequences. This session addresses important issues around insurance that all litigators should keep in mind.
3:30 Break
3:45 Business Court Panel Discussion
Chief Judge Louis A. Bledsoe III, North Carolina Business Court, Charlotte
Judge Adam M. Conrad, North Carolina Business Court, Charlotte
Judge Mark A. Davis, North Carolina Business Court, Raleigh
Judge Julianna T. Earp, North Carolina Business Court, Greensboro
J. Matthew "Matt" Gorga, Nelson Mullins Riley & Scarborough LLP, Raleigh (Moderator)
Judge Michael L. Robinson, North Carolina Business Court, Winston-Salem
Luke C. Tompkins, Ward and Smith PA, Raleigh (Moderator)
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.
5:15 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
† Indicates portion providing Substance Abuse/Mental Health credit
Thank you for joining us for 2023 Antitrust & Complex Business Disputes Law Section Program.
This CLE explores issues that challenge lawyers in complex business disputes, providing in-depth coverage of topics that arise frequently such as privilege, insurance and the effective use of experts.
Chief Judge Louis A. Bledsoe III presides as Chief Judge of the North Carolina Business Court with chambers located at the Mecklenburg County Courthouse in Charlotte. He was sworn in as a Special Superior Court Judge for Complex Business Cases in July 2014 and was designated Chief Judge of the Business Court, effective July 1, 2018.
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.
Judge Bledsoe is a member of the American College of Business Court Judges and currently serves as one of the College's representatives to the ABA Business Law Section.
Upon completion of his clerkship in 1985, Judge Bledsoe joined the law firm of Robinson Bradshaw & Hinson PA in Charlotte 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.
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Demi L. Bostian is an attorney with Robinson Bradshaw in Chapel Hill. She counsels corporations and individuals in complex civil and regulatory disputes. She has experience in matters involving fraud, breach of contract, unfair trade practices, securities issues, independent and regulatory investigations, and multidistrict class action litigation. Demi's experience includes representation across a variety of industries, including health care, banking and finance, and the oil and gas sectors. She advises clients through all stages of litigation, from factual development to appeals, in both state and federal court.
Demi has also represented numerous pro bono clients, advocating for survivors of human trafficking and domestic violence in immigration and family court.
Before joining Robinson Bradshaw, Demi was a litigator at a law firm in New York City.
Demi earned her B.A., with honors and highest distinction, from the University of North Carolina at Chapel Hill and her J.D. from Columbia University.
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Brian D. Burns is a Partner, Forensics & Valuation Services at FORVIS LLP in Richmond, VA. He leads the FORVIS (formerly Dixon Hughes Goodman LLP) Forensics and Valuation practice in Virginia and serves clients across the Mid-Atlantic and Southeast. He practices in the areas of valuation and forensic accounting, including financial investigations and litigation support and consulting services. He has been designated as an expert witness and qualified to testify by report, deposition and/or trial testimony in various venues in commercial and divorce matters.
Brian assists businesses and individuals with valuation services in the areas of family law, financial reporting, stock-based compensation, litigation and shareholder disputes, transaction consulting, tax matters, and employee stock ownership plans. The focus areas of his forensic accounting services include consulting services in commercial and family law matters involving matters such as shareholder disputes, breach of contract, breach of warranties, misappropriation of trade secrets, post-acquisition disputes, tortious interference, statutory conspiracy, business interruption claims, employee embezzlement, investment scams, and fraud.
Brian currently serves on the National Forensic and Valuation Services Conference Committee of the AICPA. He previously served on the Accredited in Business Valuation Credential Committee and the Business Valuation Committee of the AICPA and as President of the Richmond Chapter of the American Society of Appraisers. He frequently presents to professional and trade organizations and have presented at venues such as the AICPA's National Forensic and Valuation Services conference, state CPA society conferences, and national webinars. He has also authored articles on forensics and valuation presented in various professional publications.
Brian has served both public and private businesses in a variety of industries including, but not limited to real estate, construction, healthcare, technology, food service, auto dealerships, manufacturing, distribution, government contracting, retail, insurance, and banking.
Brian earned his B.S., magna cum laude, in Finance and Leadership from Virginia Polytechnic Institute and State University (Virginia Tech) - Pamplin College of Business. He also holds a post-baccalaureate certificate in Accounting from Virginia Commonwealth University.
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Judge Adam M. Conrad, was sworn in as a Special Superior Court Judge for Complex Business Cases on December 23, 2016, with chambers located at the Mecklenburg County Courthouse in Charlotte.
A resident of Charlotte, Judge Conrad holds a B.S. degree in electrical engineering from the University of Notre Dame and received his J.D. from the University of Georgia, where he was a member of the Order of the Coif and Editor in Chief of the Georgia Law Review. After receiving his law degree, Judge Conrad clerked for the Honorable David B. Sentelle of the United States Court of Appeals for the D.C. Circuit and the Honorable Clarence Thomas of the United States Supreme Court.
Prior to joining the Business Court, Judge Conrad was a partner in King & Spalding's national appellate practice with experience in intellectual property, constitutional, and other civil matters.
Judge Conrad is a member of the American College of Business Court Judges.
Judge Mark A. Davis was sworn in as a Special Superior Court Judge for Complex Business Cases on July 1, 2021, with chambers located in Raleigh. He has served as an associate justice of the North Carolina Supreme Court (2019-2020) and previously as a Judge of the North Carolina Court of Appeals. He worked as a Special Deputy Attorney General in the North Carolina Department of Justice for five years. He spent thirteen years as an attorney at Womble Carlyle Sandridge & Rice where he was a Member of the firm in the Litigation Section. He also served as General Counsel in the Office of the Governor for approximately two years.
Judge Davis received his law degree from the University of North Carolina School of Law and served on the North Carolina Law Review. He received his undergraduate degree from the University of North Carolina at Chapel Hill where he was inducted into Phi Beta Kappa. Upon graduation from law school, he served as a law clerk to the Honorable Franklin T. Dupree, Jr. in the United States District Court for the Eastern District of North Carolina.
Judge Davis has been active in the North Carolina Bar Association, serving on the Appellate Rules Committee and the Bench-Bar Liaison Committee. In 2018, he received a Master of Laws (LL.M.) degree in Judicial Studies from the Duke University School of Law. He is also a recipient of the Order of the Long Leaf Pine.
In March of 2019, Judge Davis was appointed as an Associate Justice on the North Carolina Supreme Court. He served in that role through December 2020. In January of 2021, he was appointed to a six-month term as a Visiting Distinguished Jurist in Residence at the Elon University School of Law.
Judge Davis has given presentations at numerous Continuing Legal Education seminars in North Carolina on the subject of appellate advocacy.
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Taylor M. Dewberry is an employment attorney and the Chief Diversity Officer at Smith Anderson Blount Dorsett Mitchell & Jernigan LLP in Raleigh. She joined Smith Anderson in 2017 and is an associate in Smith Anderson's Employment, Labor and Human Resources practice group. Her practice focuses on employment-related counseling and defending employers against claims involving discrimination, wrongful discharge, retaliation, harassment and civil rights claims. She has represented clients in state and federal courts and agencies throughout North Carolina.
Taylor's lifelong commitment to diversity efforts and background in employment law made her a perfect candidate to serve as the firm's first Chief Diversity Officer. In her Chief Diversity Officer role, she leads the firm's D&J efforts including Mansfield Rule certification, diversity mentorship programming, affinity groups, recruitment and retention efforts, and community commitments.
Taylor is a member of the American, North Carolina and Wake County Bar Associations and chair of the NCBA Young Lawyers Division Diversity and Inclusion Committee. She was awarded Best Lawyers®, "Ones to Watch," Labor and Employment Law – Management in 2022 and The National Black Lawyers Top 100, Top 40 Under 40 in 2020.
Taylor earned her J.D., cum laude from Washington University School of Law and her B.A,, with honors, in American Studies, with a minor in African-American Studies, from Stanford University.
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Judge Julianna T. Earp is presently the Special Superior Court Judge for Complex Business Cases with chambers in Greensboro. She was appointed a Special Superior Court Judge for Complex Business Cases in May 2021.
After graduating from the University of Georgia with degrees in management (B.B.A. summa cum laude) and law (J.D. magna cum laude, Order of the Coif), Judge Earp practiced as a civil litigator with Smith Moore Leatherwood LLP and its predecessors from 1986-2018, when the firm joined Fox Rothschild LLP. Over the course of that time, she tried cases and resolved conflicts for clients that varied widely in size and by industry. She spent the final 7 years of her time with Smith Moore Leatherwood LLP as Chair of its Management Committee and, in that role, facilitated the combination with Fox Rothschild LLP. From November 2018 until she joined the Court in May 2021, Judge Earp managed the Atlanta, Charlotte and Greensboro offices of the combined firm while also continuing her practice.
Jeremy M. Falcone is an attorney with Ellis & Winters LLP in Greensboro. He draws on his diverse practice background to guide his collaboration with his clients as a partner in the Trial and Litigation Group. He concentrates his practice on employment law, data privacy and security issues, and commercial litigation. His practice includes product liability, tort defense, and medical malpractice defense.
Jeremy rejoined Ellis & Winters in 2021 after serving as an associate and partner of the firm from 2009 until 2019.
Beginning his legal career in Times Square, Jeremy litigated high-stakes commercial and securities matters for financial institutions with Skadden Arps in New York. By litigating bet-the-company cases and trying a nine-figure dispute in front of a federal judge, he learned the advantage of preparation and top-notch representation.
Jeremy left Times Square to join a law school mentor and former judge in setting up a practice in the Pittsboro Circle. As a country lawyer, Jeremy continued to hone his skills by providing advice and counsel to clients on any legal issue that brought them to a law office. He handled traffic court and criminal matters, family law, trusts and estates, and general litigation.
In addition to his private practice experience, Jeremy also served as senior in-house counsel at Wells Fargo Bank NA in Charlotte. At Wells Fargo, he managed an extensive employment litigation docket and provided advice to internal clients on employment and data privacy issues. As in-house counsel, he learned to view disputes from the client's perspective, understanding the importance of thorough, candid assessments of matters to mitigate risk. He also cultivated an appreciation for the art of smart representation that does not run up the bills.
In employment matters, Jeremy has litigated restrictive covenant disputes and advised employers on general employment matters. In this work, he draws on his experience as in-house employment counsel where he focused on wrongful termination, discrimination, and retaliation claims involving Title VII, Fair Labor Standards Act, American with Disabilities Act, Age Discrimination in Employment Act, and the Family and Medical Leave Act. He also advised internal clients on employment issues, including employment policies, corrective actions, recruiting and offer letters, displacements, departure agreements, restrictive covenants, workplace accommodations, and leaves of absence.
Jeremy has advised clients on data security and privacy matters, including compliance with data privacy requirements, such as GDPR, CCPA, CPRA, HIPAA, and the Gramm-Leach-Bliley Act. He has also advised regarding a data loss event and litigated disputes involving data privacy issues. He became CIPP/US certified in 2017, and he draws on in-house experience advising on insider-threat initiatives and data loss prevention issues.
In commercial litigation and tort matters, Jeremy has had primary responsibility for litigating cases in state superior, business, and federal courts. He has overseen extensive e-discovery projects, and has tried cases at arbitration and trial, before both judges and juries. He has also handled appeals in state and federal courts.
Jeremy stays active in his community, serving on the Board of Directors for NCBarCARES, an organization that provides short-term, free intervention to legal professionals in need. He previously served on the Board of Directors for the NC Triangle to the Coast affiliate of Susan G. Komen.
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J. Matthew "Matt" Gorga is an associate with Nelson Mullins Riley & Scarborough LLP in Raleigh. He practices in the areas of civil litigation, with a focus on commercial and complex business matters.
Prior to joining Nelson Mullins, Matt served as a Judicial Law Clerk for the Honorable Gregory P. McGuire and the Honorable Mark A. Davis at the North Carolina Business Court in Raleigh, where he drafted judicial opinions and conducted legal research on a wide array of complex business, insurance, tax and employment disputes.
Matt is a member of the North Carolina, Tenth Judicial District and Wake County Bar Associations.
Matt earned his B.S., summa cum laude, from the University of North Carolina at Asheville and his J.D., cum laude, from Campbell University Norman Adrian Wiggins School of Law.
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Candace A. Hoffman is the Field Coordinator with the North Carolina Lawyers Assistance Program in Raleigh. She is a licensed North Carolina lawyer and recovery enthusiast. As Field Coordinator, Candace assists the Executive Director and clinical staff in LAP volunteer management, in providing administrative support for clinical staff to ensure continuity of care, treatment placement, reporting and program support.
Candace comes to LAP from the Department of Justice, where she worked in health care, representing the Division of Health Benefits and the Division of Health Service Regulation of the Department of Health and Human Services. She was a litigator and appeared in Superior Court as well as the Office of Administrative Hearings. Her work exposed her to the challenges and complexities of the mental health and substance abuse treatment fields. Before taking this position as LAP Field Coordinator in the spring of 2020, Candace was a LAP volunteer for six years.
Candace graduated from Meredith College, cum laude, and Thomas Jefferson School of Law in San Diego.
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Emma T. Kutteh is an attorney with Robinson Bradshaw in Charlotte. She is a business litigator. She maintains a diverse practice, advising and representing clients involved in class actions, antitrust suits, employment disputes and complex commercial litigation.
A certified public accountant, Emma brings particular experience to matters involving finance and accounting issues. Prior to attending law school, she audited banks and other financial institutions for a national public accounting firm.
Emma earned her B.S., cum laude, in Finance and M.S. in Accounting from Wake Forest University and her J.D., cum laude, from Duke University School of Law.
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Jane Y. Paksoy is Senior Counsel at IQVIA, in Chapel Hill, a global provider of healthcare data technology solutions and clinical trial offerings with over 80,000 employees and 1.2 billion non-identified patient records. Jane primarily supports commercial transactions, providing strategic day-to-day advice to business teams across all of IQVIA's service and product offerings.
Prior to joining IQVIA, she has served as counsel at inVentiv Health where she drafted, negotiated and reviewed a range of commercial contracts, including client and vendor master service agreements as well as supported the Advertising, PR and Marketing business units within the inVentiv family.
Jane earned her B.A., with distinction, in English from the University of North Carolina at Chapel Hill and her J.D. from University of North Carolina School of Law. She is also a graduate of the North Carolina School of Science and Mathematics.
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Gary S. Parsons is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Raleigh. His appellate practice has included cases involving financial regulation, lawyer professional liability, professional licensing, insurance regulation, municipal liability and civil rights actions. He has frequently been retained to assist other lawyers and firms in appellate matters and to advise on appellate procedure.
Gary began his career as a law clerk for Associate Justice J. William Copeland of the North Carolina Supreme Court. Since that time, he has participated in over 125 appeals. He has argued before the U.S. Court of Appeals for the Fourth Circuit, the North Carolina Supreme Court, and the North Carolina Court of Appeals. He has also represented clients before the United States Supreme Court. He has participated in more than 80 trials, over 125 appeals, and has represented clients in courtrooms in at least 70 of North Carolina's 100 counties.
Gary served on the Appellate Rules Committee of the North Carolina Bar Association for fourteen years.
Gary earned his B.S. in Economics from North Carolina State University and his J.D. from University of North Carolina School of Law.
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Preetha Suresh Rini is an attorney at Robinson Bradshaw & Hinson PA in Raleigh. She represents clients in complex business litigation and appeals. She has wide-ranging experience, including contract disputes and business torts involving allegations of fraud, copyright and trademark infringement cases, First Amendment violations, and unfair and deceptive trade practice claims. Preetha has advised clients in various stages of litigation, including fact investigation, discovery, motions practice and appeals.
Prior to joining Robinson Bradshaw, Preetha was an attorney with Ellis & Winters LLP.
Preetha owns and operates her own art business, Prints By Preetha. Her dual role as both a small business owner and a licensed attorney affords her unique insight and perspective for clients dealing with business disputes. She utilizes her own personal experience as a small business owner to provide comprehensive advice to her clients and to develop and maintain litigation strategies that are consistent with their overall business objectives. Additionally, Preetha is actively involved in several local arts organizations in the Triangle.
Preetha earned her B.A., magna cum laude, from Centre College and her J.D., with honors, from the University of North Carolina School of Law. She served as a law clerk to the Honorable Mark A. Davis of the North Carolina Court of Appeals.
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Judge Michael L. Robinson was sworn in as a Special Superior Court Judge for Complex Business Cases on July 1, 2016, with chambers located at Wake Forest University School of Law in Winston-Salem.
Prior to joining the business court, Judge Robinson was engaged in the private practice of law for 35 years in Winston-Salem with Petree Stockton & Robinson and with Robinson & Lawing, concentrating his practice for several decades on complex business litigation. In addition to his service on the court, he served as a North Carolina State Bar Councilor from 2009 through 2018 and is a member of the American College of Business Court Judges.
A lifelong resident of Winston-Salem, Judge Robinson earned his B.A. in economics from Davidson College and his J.D., with honors, from the University of North Carolina School of Law, where he was a member of the Order of the Coif.
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Sarah A. Sheridan is a litigation associate at Moore & Van Allen PLLC in Charlotte. She helps clients navigate complex legal issues in a wide variety of high-stakes litigation and regulatory matters. She has successfully represented financial institutions, Fortune 500 companies, small businesses, and individuals in a variety of commercial disputes and investigations.
Sarah's practice includes a broad range of substantive issues and industries. he litigates commercial disputes in state and federal courts, arbitrations, and mediations across the country. She also has extensive experience representing clients in internal and government investigations.
Sarah began her legal career in New York at Simpson Thacher & Bartlett LLP, where she worked on cases ranging from securities class actions, copyright infringement suits, government investigations, contract disputes, and antitrust matters. She then joined Dewey Pegno & Kramarsky LLP, a premiere boutique firm in New York, where she honed her advocacy skills while focusing on shareholder derivative investigations, commercial contract disputes, and FINRA employee-related arbitrations.
Sarah also maintains a strong pro bono practice, with an emphasis on child and spousal support matters.
Sarah was named to Super Lawyers Rising Stars in New York in 2021, which recognizes the top 2.5% of attorneys based on in-firm and external nominations, independent research, and peer selection. In 2022, Thomson Reuters named Sarah in their Top Women Attorneys in the New York Metro Area.
Sarah earned her B.S., summa cum laude, from Boston University and her J.D., magna cum laude, from Duke University School of Law, where she served on the Moot Court Board and Mock Trial team. She is an active alumna and was recently selected by the Duke Law Alumni Office to serve on the Duke Law Charlotte Alumni Board, and previously served on the Duke Law New York Alumni Board.
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Gregory L. Skidmore is a business litigation attorney and shareholder at Robinson Bradshaw in Charlotte. He represents clients in a range of industries, including health care, telecommunications and media, manufacturing and heavy industry, consumer products, retail, finance and energy. Representative clients include Verizon, Honeywell, Fresenius Medical Care, EnPro Industries and Airgas.
Greg has represented clients in court in more than 20 states, eight federal Courts of Appeal and the U.S. Supreme Court. He has argued and won cases at every stage of litigation, including dispositive motions, class certification, trial and appeal. He also represents clients in investigations by federal and state enforcement agencies.
Greg has particular experience in antitrust law. In addition to counseling clients on antitrust matters and handling antitrust litigation, he regularly assists clients in obtaining antitrust clearance for significant mergers and acquisitions. Since joining Robinson Bradshaw, he has served as lead antitrust counsel in transactions with a combined value of more than $10 billion.
Before joining Robinson Bradshaw, Greg was a partner at Kirkland & Ellis LLP in Washington, D.C.
Greg earned his B.A., summa cum laude, in Political Science and Government from Duke University and his J.D., cum laude, from Harvard Law School.
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Luke C. Tompkins is a construction and commercial litigation attorney with Ward and Smith PA in Raleigh. His litigation practice focuses on commercial and construction litigation and disputes before the North Carolina Business Court.
In his commercial business practice, Luke protects clients' interests when disputes arise regarding complex business agreements such as product distribution agreements, product license agreements, trademark usage and ownership agreements, and non-compete agreements. He also counsels clients regarding corporate governance rights and duties, unfair or deceptive trade practice claims, and claims involving misappropriations of trade secrets.
In his construction practice, Luke advises owners, contractors, subcontractors, suppliers, and design professionals facing payment disputes, defect, delay, extra work, bond, and lien claims.
Prior to joining the firm, Luke served as a full-time law clerk for the Honorable Gregory P. McGuire in the North Carolina Business Court. He held many clerkships throughout law school, including clerking for William E. Britt, U.S. District Court for the Eastern District of North Carolina, the Honorable Gregory P. McGuire, NC Business Court, as well as serving as a judicial intern for NC Court of Appeals Judge Donna Stroud and Judge Mark Davis. Additionally, Luke worked as a Summer Associate for Ward and Smith, drafting affidavits and briefs in support of motions to dismiss, and producing memoranda on a variety of complex issues ranging from homeowners' association disputes, labor and employment law, trusts and estates, and corporate law.
Luke earned earned his B.S., cum laude, in Sports Management from North Carolina State University and his J.D., cum laude, from Campbell University School of Law, where he finished in the top 10% of his class.
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W. Swain Wood is a partner at Morningstar Law Group in Raleigh.
Swain previously served as North Carolina's First Assistant Attorney General. In that role, he was chief legal adviser to Attorney General Josh Stein, and supervised the legal divisions of the North Carolina Department of Justice, which include the Civil and Criminal Bureaus, Solicitor General's Office, and Consumer Protection Division. Swain has played a leading role in many significant matters on behalf of the State, including the recent national opioid settlements involving state Attorneys General, local governments, and the pharmaceutical industry.
Swain was the primary national leader of the bipartisan multi-state team of state Attorneys General offices in the negotiations that resulted in the $26 billion combined settlement in 2021 with Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, as well as the combined $13.8 billion pharmacy settlements in 2022 with Walmart, Walgreen's, and CVS. Separately, Swain supervised the trial team in North Carolina's lawsuit against e-cigarette manufacturer Juul and led the negotiations that resulted in a settlement on the eve of trial providing $40 million to the State together with injunctive relief to protect minors from being targeted by Juul's marketing campaigns.
Swain also played major roles in the Leandro public school funding litigation and the $1.1 billion coal ash settlement in 2021 between the Attorney General and Duke Energy and supervised the team that represented North Carolina's executive branch in the United States Supreme Court in Moore v. Harper.
Swain earned his B.A. in Government from Georgetown University and his J.D. from Harvard Law School.
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