8:35 Registration and Continental Breakfast
9:05 Welcome and Introductions
9:10 Legislative Updates
David P. Ferrell, Nexsen Pruet, Raleigh
This session highlights recent and pending legislative items of interest to attorneys practicing administrative law. Learn about the significant changes for administrative agencies and those practicing before them.
9:50 Federal and North Carolina Case Law Update
Claire R. O'Brien, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro Clinton R. Pinyan, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro
Keep up to date on federal and North Carolina cases impacting those who practice administrative law.
11:20 Administrative Law Section Annual Meeting
William Bain Jones Jr., Raleigh, 2022-2023 Section Chair, Presiding
11:45 Lunch Break
12:40 Reviewing the Review: Appellate Strategies for Administrative Law Practitioners
R. Daniel "Dan" Gibson, Stam Law Firm PLLC, Apex Catherine Lee, Hedrick Gardner, Raleigh Troy D. Shelton, Fox Rothschild LLP, Raleigh Frank X. Trainor, North Carolina Board of CPA Examiners, Raleigh (Moderator)
Dust off your rules of appellate procedure and tune in for a review and strategy session on pursuing appellate review in administrative cases. Administrative law practitioners often find themselves in appellate situations in superior court under Article 4 of Chapter 150B or similar provisions of the General Statutes. This session focuses on appeals pursued subsequent to that posture, whether to the Court of Appeals or beyond. Join us to hear best practices, pitfalls to avoid and strategic considerations.
1:50 You’re Wrong…About the Rules of Professional Conduct *
Kelley A. DeAngelus, The North Carolina State Bar, Raleigh Savannah B. Perry, The North Carolina State Bar, Raleigh
This presentation addresses certain Rules of
Professional Conduct at the center of many ethics inquiries and interesting new
developments in the Rules of Professional Conduct.
3:00 The Law of Making Rules
Seth M. Ascher, Rules Review Commission, Raleigh
The Rules Review Commission continues to regularly review rules and is about to embark on the second round of periodic review of rules. Hear from attorneys at the Commission regarding recurring issues that delay the process and ways to navigate the process.
4:00 Adjourn * Indicates portion providing Ethics/Professional Responsibility credit
Learn about significant changes resulting from recent and pending legislation and get up to speed on the latest North Carolina and federal cases. Discuss appellate strategies and procedures, ethical dilemmas for administrative attorneys and delve into the rulemaking process.
Seth M. Ascher
Seth M. Ascher is Commission Counsel at the Rules Review Commission in Raleigh.
Seth earned his B.A. in Mathematics and Humanities from University of South Florida, his M.A. in Higher Education/Higher Education Administration from New York University and his J.D. from Duke University School of Law.
Kelley A. DeAngelus
Kelley A. DeAngelus is a Deputy Counsel for the Office of Counsel with the North Carolina State Bar in Raleigh. She primarily investigates and prosecutes allegations of professional misconduct and disability of North Carolina lawyers.
Prior to joining the Office of Counsel, Kelley spent 18 years as a criminal defense attorney, including 6 years representing capitally sentenced clients facing execution. In 2018, she received the Professor John Rubin Award for Extraordinary Contributions to Indigent Defense Training Programs.
Kelley earned her B.A. from the University of Dayton and her J.D.,
cum laude, from the State University of New York at Buffalo Law School.
Click here for more information about Kelley.
David P. Ferrell
David P. Ferrell is a partner and the public policy practice group leader at Nexsen Pruet 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 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 represents energy, electric, water, and other utilities in various matters, including regulatory proceedings, right-of-way acquisition, eminent domain, and general liability matters. He serves as general counsel to Pitt & Greene Electric Membership Corporation. David regularly represents clients before the North Carolina Utilities Commission and other regulatory agencies. He also represents landowners faced with condemnation by state DOT projects, working closely with engineers, appraisers and surveyors in these matters.
David is a member of the Wake County and North Carolina Bar Associations.
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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R. Daniel "Dan" Gibson
R. Daniel "Dan" Gibson is a partner at Stam Law Firm PLLC in Apex. He practices in the areas of general civil litigation, business formation and transactions, North Carolina Constitutional law, and appeals. Dan has argued several cases in front of the North Carolina Court of Appeals and North Carolina Supreme Court and represented dozens of clients in North Carolina state courts.
Dan has worked in district attorneys' offices, law firms small and large, and judicial chambers. Dan interned with Justice Paul Newby of the North Carolina Supreme Court, District Attorney Phil Berger, Jr. of Rockingham County, and several law firms in Winston-Salem while attending Wake Forest University School of Law.
Dan is a member of the North Carolina Bar Association, 10th Judicial District Bar and the Wake County Bar Association. He is admitted to practice in all North Carolina state courts, the United States Courts for the Eastern and Middle Districts of North Carolina, the Fourth Circuit Court of Appeals and the United States Supreme Court.
Dan earned his B.A.,
summa cum laude, in Government from Campbell University and his J.D. from Wake Forest University School of Law.
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Catherine Lee is a partner at Hedrick Gardner in Raleigh. She focuses her practice on employment law and has significant experience in resolving human resources matters.
Catherine serves as general counsel to several North Carolina occupational licensing boards, and advises boards on a variety of legal issues, including the NC Public Records laws, statutory reporting and auditing requirements, personnel matters, State Open Meetings laws, State ethics laws, rulemaking matters, and legislative liaising. She routinely appears before Boards and the NC Office of Administrative Hearings to prosecute disciplinary matters. Her practice includes representation of agencies in the general courts on petitions for judicial review.
Among her recognitions are the NC Bar Association's Robinson O. Everett Award (2017), North Carolina Super Lawyers® Rising Stars list (2012-2021), Best Lawyers of America list (2021-2023), and she is Rated AV® Preeminent by Martindale-Hubbell®.
Catherine earned her B.A., with highest distinction, from The University of North Carolina at Chapel Hill and her J.D., with honors, from The University of Texas School of Law.
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Claire R. O'Brien
Claire R. O'Brien is an associate at Brooks Pierce McLendon Humphrey & Leonard LLP in Greensboro. Her practice focuses on a wide range of health care issues, including compliance with federal and state regulations and day-to-day operations of health care facilities. Her work includes conducting and advising on internal investigations, counseling on employment issues, and completing due diligence related to corporate transactions involving health care, medical device, and pharmaceutical entities.
After law school, she clerked for the Honorable Liam O'Grady on the United States District Court for the Eastern District of Virginia and practiced regulatory law in the Food, Drug, and Device group of an international law firm in Washington, D.C., before returning to North Carolina to join Brooks Pierce.
Claire earned her B.A.,
magna cum laude, from Wake Forest University and her J.D. from University of North Carolina School of Law.
Click here for more information about Claire.
Savannah B. Perry
Savannah B. Perry works as deputy counsel at the North Carolina State Bar Office of Counsel in Raleigh, where she prosecutes attorney misconduct.
Savannah earned her B.A. in English from Appalachian State University, her Master of Trust and Wealth Management,
magna cum laude, from Campbell University and her J.D. from Campbell Law School.
Click here for more information about Savannah.
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.
Click here for more information about Clint.
Troy D. Shelton
Troy D. Shelton is a board-certified appellate specialist and a partner at the Raleigh office of Fox Rothschild LLP. He partners with trial attorneys to defend their judgment or find creative paths to reversal. He handles appeals in every area of the law.
Troy has been certified by the North Carolina State Bar as an Appellate Specialist. He has a wide variety of trial and appellate experience involving class actions, antitrust, employment, land use and family law cases. He also frequently litigates commercial disputes in federal and North Carolina Business courts and serves as a class action consultant to attorneys inside and outside the firm, for both plaintiffs and defendants.
Troy is a contributing author to the
, which provides news, information and tips for practicing law in North Carolina's State and Federal Appellate Courts. North Carolina Appellate Practice Blog
Troy is a member of the Appellate Practice of the North Carolina Bar Association.
Troy earned his B.A.,
magna cum laude, from Duke University and his J.D., magna cum laude, from the University of North Carolina School of Law.
Click here for more information about Troy.
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.
Click here for more information about Frank
Stephen J. White
Stephen J. White is a principal at Ott Cone & Redpath PA in Greensboro. He assists hospitals, physicians, and healthcare systems in their efforts to enhance revenue. He works closely with providers in areas related to Medicaid eligibility, in addition to advising on identification and pursuit of other third-party payors. He also represents healthcare systems and hospitals concerning claims management and collection issues, including erroneous claim denials, underpayments, and otherwise abusive tactics levied by private and governmental payors against providers. Through creative problem-solving, skilled negotiation, and dedicated advocacy, Stephen appreciates the opportunity to assist providers with increasing reimbursement and decreasing bad debt.
A member of the NCBA Administrative Law Section Council, Stephen maintains an ever-growing appreciation for the impact of administrative law in healthcare and is grateful for the opportunity to bring that perspective to the Section.
Stephen earned his B.A.,
magna cum laude, in Political Science from University of Georgia and his J.D. from Wake Forest University.
Click here for more information about Stephen.
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