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2023 Administrative Law Section Program

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.

9:40        Break

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.

1:40        Break

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.

2:50        Break

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

Description

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.

Contributors

  • 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 shareholder and the public policy practice group leader at Maynard Nexsen PC in Raleigh. He concentrates his law practice in civil matters, including civil litigation, professional liability defense, energy and public utilities, legislative representation and lobbying, eminent domain and real estate litigation, administrative and regulatory matters, government contracts, and construction litigation.

    David represents architects, engineers, project owners, contractors, and liability carriers in a variety of construction, professional liability, insurance coverage, employment and contract disputes, as well as in other matters. He represents clients in financial services, title insurance and securities litigation. His practice is broad in scope and includes mediation, arbitration and litigation in state and federal courts.

    David is a North Carolina registered lobbyist and has experience in state, local and executive branch lobbying, grass roots campaigns, and regulatory compliance. His government relations experience includes a diverse group of clients and a wide range of issues, which has allowed him to appear in and monitor legislation in most of the standing legislative committees and interim study committees.

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

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

    Click here for more information about David.

  • R. Daniel "Dan" Gibson

    R. Daniel "Dan" Gibson is a Partner at Davis Hartman Wright LLP, in Durham, as part of the firm's appellate, business, constitutional, and litigation practice groups. He practices appeals, North Carolina Constitutional law, and civil litigation throughout North Carolina. He 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 written articles for the North Carolina State Bar's Journal, North Carolina Lawyers Weekly, and the North Carolina Bar Association on appellate practice and civil procedure. He is the co-author of Cemetery Law: the Common Law of Burying Grounds. He has taught CLEs for the Wake County Bar Association and North Carolina Bar Association, including Appellate Practice for Trial Work.

    Dan is an adjunct professor teaching Legal Writing for Judicial Chambers at Wake Forest University School of Law. He is a member of the North Carolina and Wake County Bar Associations, Christian Legal Society, Federalist Society and the Alliance Defending Freedom Allied Attorney.

    Dan earned his B.A., summa cum laude, in Government from Campbell University and his J.D. from Wake Forest University School of Law.

    Click here for more information about Dan.

  • Catherine Lee

    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.

    Click here for more information about Catherine.

  • 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 Partner at Fox Rothschild LLP in Raleigh. 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 North Carolina Appellate Practice Blog, which provides news, information and tips for practicing law in North Carolina's State and Federal Appellate Courts.

    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

    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.

    Stephen 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.

If you did not attend this program in its entirety, please fill out a partial credit form to ensure that we report your credit accurately.

Please send your completed form to askcle@ncbar.org within seven days of this program.

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Can't attend in person? Please contact us at  askcle@ncbar.org or 919.677.0561 to switch your registration to the Live Webcast before the start of the program.

(After the live CLE program begins, you will have real-time access to only the program format for which you are registered — either In-Person Live or Live Webcast — and your registration cannot be switched.)
March 24, 2023
Fri 8:35 AM EDT
North Carolina Bar Center 8000 Weston Parkway Cary, NC 27511 919.677.0561

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Duration 7H 25M

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