FRIDAY, OCTOBER 27, 2023

7:45        Registration and Continental Breakfast

8:30        Welcome and Opening Remarks

8:45        2023 Supreme Court Review and Update

Paul E. Smith, Patterson Harkavy LLP, Chapel Hill

Hear updates on employment-related decisions rendered by the U.S. Supreme Court through the end of its most recent term in July of 2023. The materials summarize these cases followed by the comments about the decision's significance for workplace stakeholders.

9:45        Investigations 201 – The Importance of Investigations in Employment Litigation

B. Shawana Gillians, Santee Cooper, Moncks Corner, SC
D. Michael Henthorne, Ogletree Deakins Nash Smoak & Stewart PC, Columbia, SC

Is there such a thing as a "perfect" internal investigation? As parties conduct investigations, can they plan for the unknown and unexpected? This session moves beyond the fundamentals of internal workplace investigations and examines the practical considerations and implications of those investigations (both good and bad), for plaintiffs, defendants, administrative agencies, and the courts. We discuss recent case decisions, strategies and best practices.

10:30      Break

10:45      Mental Health Awareness for the Employment Law Practitioner^†

April Harris-Britt Ph.D., AHB Center for Behavioral Health & Wellness, Durham

As attorneys representing employees and employers in workplace matters, we face particular challenges and issues that impact our mental health and wellbeing. From the long-standing impacts of covid, to the ups and downs of election cycles and political movements, and even vicarious trauma from dealing with workplace violence, discrimination, or other extreme conflicts on the job, the particular work we do can affect us very personally.

Consistently having to take adverse positions and dig heels in when warranted or requested by our clients, can also create cognitive dissonance, when compromise might be the best way forward for both parties. When two realities collide, such as someone perceiving discrimination, it is important for both sides to consider taking a step back to look at other factors, such as whether the person may be hypervigilant, expressing their "paranorm," or other contributing factors. Equally important in findings effective solutions is for both sides to recognize that multiple perspectives can be true. Recognizing the emotional effects of our work and taking steps to stay healthy – mentally and physically – are within reach!

11:45      Fourth Circuit Update

Sean F. Herrmann, Herrmann & Murphy PLLC, Charlotte
Florence C. Thompson, Jackson Lewis PC, Charlotte

This presentation covers Fourth Circuit Court of Appeals basics and some of the most noteworthy decisions from November 2022 through October 2023.

12:45      Lunch Break

1:30        Panel: Tips from the Bench

The Honorable L. Patrick Auld, U.S. District Court, Middle District of N.C.
The Honorable Molly Cherry, Magistrate Judge, U.S. District Court, District of S.C.
The Honorable Clifton Newman, S.C. Circuit Court
Samantha E. Albrecht, Burnette Shutt & McDaniel PA, Columbia, SC (Moderator)

This question-and-answer panel session provides judges the opportunity to speak on recommendations for motion practice in employment law, top tips for employment attorneys, and recommendations on what do not do.

2:30        Break

2:45        The False Claims Act Case Lurking in Your Employment Dispute

Christopher P. Kenney, Chris Kenney Law, Columbia, SC
Johanna C. Valenzuela, U.S. Attorney’s Office, Columbia, SC

Whistleblower claims under the False Claims Act (FCA) offer lucrative incentives to come forward with information about wrongdoing but can prove difficult to identify and successfully bring. This program offers an overview of common FCA fact patterns to help you spot the whistleblower claim in your employment dispute while highlighting FCA procedures and important case updates.

3:45        Being an Effective Advocate Through a Webcam: Tips for Arguing Remote^‡

The Honorable Catherine C. Eagles, U.S. District Court, Middle District of N.C.
The Honorable Stephanie P. McDonald, S.C. Court of Appeals, Charleston, SC
Richard "Rick" Krenmayer, Stasmayer, Inc., Charleston, SC
Andrea L. McDonald, Womble Bond Dickinson (US) LLP, Charleston, SC (Moderator)

Come listen to some tips and tricks for arguing remotely with respect to camera angels, backgrounds, etc. We'll transition to hear thoughts and recommendations from the judges based on what they have found the most effective as far as virtual arguments.

4:45        Adjourn for the day

5:00        Networking Reception

Charleston Marriott Courtyard, First Floor Lobby

Sponsored by Resolution Economics

SATURDAY, OCTOBER 28, 2023

7:45        Continental Breakfast

Sponsored by Reliance Forensics, LLC

8:15        Attorney Client Privilege in Employment Law^*

Joshua R. Van Kampen, Van Kampen Law PC, Charlotte
Virginia M. Wooten, Ogletree Deakins, Charlotte

This session covers tactics for responding to overbroad privilege assertions in discovery and knowing where to draw the line between zealous advocacy and ethics standards.

9:15        Pending Regulatory Issues Impacting Employee Agreements

William J. McMahon, IV, Constangy Brooks Smith & Prophete, LLP, Winston-Salem
Shannon R. Meares, Regional Attorney, NLRB
T. Cullen Stafford, Wyrick Robbins Yates & Ponton LLP, Raleigh (Moderator)
M. Todd Sullivan, Fitzgerald Hanna & Sullivan PLLC, Raleigh

This session focuses on several new or proposed regulations that may negatively impact the enforceability of certain employment agreements. Among other topics, the panel discusses recent interpretations by the National Labor Relations Board related to the enforceability of restrictive covenants, confidentiality agreements, and non-disparagement clauses, as well as proposed FTC rules banning non-competition agreements.

10:00      Break

10:10      New Legislation and Its Impact on the Workforce: Overview of the PUMP Act and the Pregnant Workers Fairness Act

Denise Smith Cline, Denise Smith Cline PLLC, Raleigh
Grant Burnette LeFever, Burnette Shutt & McDaniel, Columbia, SC
Shannon M. Polvi, Cromer Babb Porter & Hicks LLC, Columbia, SC
L. Diane Tindall, Wyrick Robbins Yates & Ponton, Raleigh

11:10      Break

11:30      Breakout Sessions:

North Carolina State and District Court Update

R. Michael Elliot, Elliot Morgan Parsonage Law Firm, Charlotte
Daniel C. Lyon, Elliot Morgan Parsonage Law Firm, Charlotte
Laura J. Wetsch, Winslow Wetsch PLLC, Raleigh

In this session, receive an overview of North Carolina state and district court labor and employment law updates.

or

South Carolina State and District Court Update

George A. Reeves III, Fisher & Phillips, Columbia, SC

In this session, receive an overview of South Carolina state and district court labor and employment law updates.

12:45      NCBA Labor & Employment Law Section Annual Meeting / SC Bar Section Annual Meeting

1:00        Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit
† Indicates portion providing Substance Abuse/Mental Health credit
‡ Indicates portion providing Technology Training credit