Day 2 | NCBA 2023 Annual Review

THURSDAY, OCTOBER 19, 2023

8:55 Welcome and Introductions

9:00 Civil Law Update

X. Lightfoot, Ward and Smith PA, Raleigh
Lauren Snyder, HWG LLP, Raleigh

Hear recent key decisions from the North Carolina Supreme Court, Court of Appeals and Business Court. This session also addresses substantive areas of civil law, Rules of Civil Procedure and Rules of Evidence.

10:00 Break

10:10 The ABCs of LPMS^‡

Catherine Sanders Reach, North Carolina Bar Association, Cary

Finding the right tools can help law firms monitor trust balances, track time accurately, reduce error from re-keying, checking for conflicts, help manage tasks and deadlines, calculate court deadlines, provide secure communication options, and so much more. In this session we discuss how to break down the features and functions of law practice management software/applications (LPMS), how they may benefit your practice and your firm, and how to overcome decision paralysis. We also discuss issues regarding pricing, migration, integration, customization, and training to make sure that you understand the total cost of ownership.

11:10 Break

11:20 Education Law Update

Brian C. Shaw, Poyner Spruill LLP, Raleigh

This session provides a survey of significant education law decisions in the last 12 to 15 months, in North Carolina and throughout the country.

12:20 Lunch Break

1:20 Bankruptcy Law Update

William "Bill" Janvier, Stevens Martin Vaughn & Tadych PLLC, Raleigh
Kathleen O'Malley, Steven Martin Vaughn & Tadych PLLC, Raleigh

Hear a discussion of the past year's decisions in bankruptcy law, from our North Carolina bankruptcy courts up through the Supreme Court, that are useful to bankruptcy and non-bankruptcy lawyers advising their clients.

2:20 Break

2:30 Family Law Update

Emily C. Jeske, Bosquez Porter Family Law, Raleigh

This year's family law update is a whirlwind overview of the most recent case law and legislative changes in the world of family law. This fast-paced discussion covers legal updates from the previous year in topics such as equitable distribution, child custody, child support, postseparation support, alimony, separation agreements, contempt, attorney's fees, and more.

3:30 Break

3:40 Privacy and Data Security Law Update

Matthew "Matt" A. Cordell, VF Corporation, Greensboro
Matthew "Matt" Meinel, Berkely Research Group (BRG), Raleigh

This session covers recent and pending updates to data privacy law both internationally and in the United States, with a focus on the practical implications of those changes and tips for preparing your clients.

4:40 Adjourn for the Day

FRIDAY, OCTOBER 20, 2023

8:55 Announcements and Introductions

9:00 Workers' Compensation Case Law Update

Latasia Fields, North Carolina Department of Justice, Raleigh
Luke A. West, Teague Campbell Dennis & Gorham LLP, Raleigh

Delve into relevant cases of the past year that affect the workers' compensation practice.

10:00 Break

10:10 Professional Responsibility: Civility in the Practice of Law – Why It Is Important and How It Can Make You More Effective^*

Gill P. Beck, U.S. Attorney's Office for the Western District of North Carolina, Asheville

Why is civility important? How does it flows from the NC Rules of Professional Responsibility? How can we enhance our civility skill set to be more effective? Attendees receive practical examples of how we can use civility to deal with difficult opposing counsel and professional challenges in a manner that enhances the public's perception of our profession.

11:10 Break

11:20 Real Property Case Law Update

Christopher L. Burti, Statewide Title Inc., Farmville

Receive the latest real property updates to benefit your practice by learning about this year's most recent and impacting case law decisions.

12:20 Lunch Break

1:20 Criminal Law Update

Kearns Davis, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro
Jan Pritchett, Schlosser & Pritchett, Greensboro

Kearns Davis and Jan Pritchett return to provide this year's criminal law update. In this session, Pritchett discusses key recent decisions by the North Carolina Supreme Court and North Carolina Court of Appeals, and Davis addresses significant federal cases from the U.S. Supreme Court and U.S. Court of Appeals for the Fourth Circuit.

2:20 Break

2:30 "Is It Over Yet?"-- The Changing Duty of Competence in the Hybrid Work Era (Part 1)^*

Chris Osborn, Osborn Conflict Resolution and Liles Mediation and Arbitration, Charlotte

In this lively, interactive session, we'll identify common challenges regarding technological competency, particularly as they show up in the formation of attorney-client relationships. You'll learn sustainable best practices for protecting client information while working via laptop or other mobile devices.

3:30 Break

3:40 "Is It Over Yet?"-- Challenges for Mental Health and Well-Being in the Hybrid Work Era (Part 2)^†

Chris Osborn, Osborn Conflict Resolution and Liles Mediation and Arbitration, Charlotte

Understand and recognize the impact of stress and the challenges of working from home on competence, diligence, and over-all well-being. Identify and implement sustainable strategies for developing and maintaining a personal commitment to well-being.

4:40 Adjourn

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

Description

Get up to speed with the latest on key court decisions and significant amendments to legislation and policies covering a variety of topics and practice areas, including:

Contributors

Gill P. Beck

Gill P. Beck serves as the Chief of the Civil Division of the United States Attorney's Office for the Western District of` North Carolina in Asheville. He handles the full range of civil cases involving the United States and federal agencies.

Gill received the U.S. Attorney General's Distinguished Service Award, the U.S. Civil Rights Division Assistant Attorney General's Distinguished Service Award, the North Carolina Governor's Order of the Long Leaf Pine, the Bronze Star for his service as an Army Judge Advocate in Iraq and was promoted to Major General in the U.S. Army Reserve. In 2016 he was selected as North Carolina Lawyer's Weekly North Carolina Lawyer of the Year. He is currently President of the Buncombe County Bar.

Gill is a graduate of Appalachian State University, where he was Captain of the football team and an Academic All-American football player. He attended Duke University School of Law, where he graduated with high honors and served as a Senior Editor for Law and Contemporary Problems.

Click here for more information about Gill.
Christopher L. "Chris" Burti

Christopher L. "Chris" Burti is Vice President & Senior Legal Counsel at Statewide Title, Inc in Farmville. After fifteen years in private practice he left the law firm of Lewis & Burti in 1994 to join Statewide Title Inc. Chris concentrated his practice in the areas of Commercial Real Estate, Residential Real Estate and Governmental Law. As counsel for Statewide Title Inc., Chris works with attorneys across the State in resolving complex legal issues in residential, governmental and commercial transactions involving real property. He is active in providing input and advice on drafting legislation to increase certainty in land records, mortgage lending and to correct problems affecting real property.

Chris is the principal course planner and speaker for continuing legal education seminars for Statewide Title Inc., and has been a CLE presenter for the North Carolina Bar Association, The North Carolina Land Title Association, The University of North Carolina School of Law, Wake Forest University School of Law, Professional Educational Systems, Inc., the North Carolina Municipal Attorneys Association and other professional associations. He is the principal author on the topic of Real Property Law for the Statewide Title Inc. Newsletter and Legal Memorandum. These articles have been frequently reprinted in other legal journals.

Chris is a Past President of the North Carolina Land Title Association and has served for two terms as its General Counsel. He has previously served on the North Carolina Bar Association Real Property Section Council, the North Carolina Bar Association Board of Governors, on its Executive Committee, as Chair of the Senior Lawyers Division and on the Transitioning Lawyers Commission.

Chris earned a B.S. in Management from East Carolina University and his J.D. from the University of North Carolina Chapel Hill School of Law.

Click here for more information about Chris.
Matthew A. Cordell

Matthew A. Cordell is the Vice President and General Counsel for Privacy and Technology at VF Corporation in Greensboro.

Matt is the founder and Chair of the Privacy and Data Security Specialization Committee of the NC State Bar. He holds several IAPP certifications: CIPP/US, CIPP/E, CIPP/Canada, and CIPM. He is an IAPP and ABA certified Privacy Law Specialist (PLS), and an IAPP Fellow of Information Privacy (FIP).

Matt earned his B.B.A., summa cum laude, majoring in Trust and Investment Management and minoring in Financial Planning from Campbell University, his M.B.A., with distinction, from Lundy-Fetterman School of Business and his J.D., with honors, from the University of North Carolina School of Law.

Click here for more information about Matthew.
Kearns Davis

Kearns Davis is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Greensboro. He founded Brooks Pierce's practice in white-collar criminal defense, felony trials and appeals, grand jury proceedings, and government investigations. A former federal prosecutor, 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. In addition to criminal matters and investigations, Kearns handles a broad range of federal and business litigation.

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

Among other honors and awards, Kearns is listed in North Carolina Super Lawyers Top 10 attorneys in all categories (Thomson Reuters, 2016-2022), The Best Lawyers in America© in White-Collar Criminal Defense (2010-2022), and Chambers USA: America's Leading Lawyers for Business in White-Collar Crime and Government Investigations (Band 1) (2012-22). Best Lawyers has repeatedly named him "Lawyer of the Year" for Greensboro in White-Collar Criminal Defense (2013, 2016, 2018 & 2020), and his peers elected him in 2020 to permanent membership in Business North Carolina's "Legal Elite Hall of Fame" for Criminal Defense (2020). Benchmark Litigation has recognized him as a "Litigation Star" for North Carolina in White-Collar Crime each year since 2015.

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.
Latasia A. Fields

Latasia A. Fields brings her passion for advocacy to Raleigh practicing both workers' compensation and employment law. She works with insurance carriers, third-party administrators, and employers, including but not limited to, retailers and healthcare entities. Latasia enjoys identifying the intersection of workers' compensation and employment law and has experience with motions and hearings before the North Carolina Industrial Commission.

In her workers' compensation practice, Latasia represents employers, insurance carriers, and third-party administrators across a broad range of industries including retail and hospitality, construction, healthcare, manufacturing, and transportation. Latasia has experience litigating the full range of workers' compensation claims including injury by accident, occupational disease, death claims, traumatic brain injuries, and even claims involving permanent and total disability. She routinely negotiates favorable settlements through mediation as well as informal negotiations. When unable to reach a settlement agreement, Latasia zealously advocates for her clients' interests before all levels of the North Carolina Industrial Commission from the administrative forum to the Full Commission.

In contrast, Latasia's employment law practice is dedicated to compliance and litigation avoidance. Latasia provides conscientious and personalized counsel to business owners, public employers, in-house counsel, and human resources professionals on a variety of employment law issues such as, Title VII claims of discrimination and harassment, retaliation, ADA accommodations and leave policies, and more. Latasia has also been critical in spearheading the development of Teague Campbell's Employment Law Workshops. These fee-based workshops are offered to public and private sector employers to mitigate risk and address underlying issues that lead to employment law claims.

While Latasia has made Raleigh her second home, she will always be loyal to the Queen City and all that it has to offer. In her free time, she enjoys attending Panthers games, traveling, and trying new restaurants. Latasia loves to scope out a good barbeque restaurant and admits that her guilty pleasure is a barbecue sandwich with coleslaw and a little hot sauce from B's in Greenville.

Click here for more information about Latasia.
William P. "Bill" Janvier

William P. "Bill" Janvier is with Janvier Law Firm PLLC in Raleigh. Bill has helped individuals and businesses file successful bankruptcy cases throughout North Carolina. He works with business of all types, and has filed bankruptcy cases for builders, developers, restaurants, retail chains, farms, medical practices, distributors, shopping centers, office buildings, technology companies and high income individuals.

Bill's hard work and passion have earned him several distinctions over the course of his career including an AV Rating* through Martindale-Hubbell and having his name listed in Super Lawyers, a part of Thomson Reuters, every year since 2006, Legal Elite every year since 2006 and Best Lawyers in America every year since 2007. Bill has served as Chairman of the Bankruptcy Section of the North Carolina Bar Association, has served on the local rules committee for the United States Bankruptcy Court for the Eastern District of North Carolina for over 10 years, and serves as a Director for the Eastern Bankruptcy Institute. He is certified as a specialist in business and consumer bankruptcy by the North Carolina State Bar Board of Legal Specialization.

Bill graduated with honors from the University of North Carolina School of Law in 1992.

Click here for more information about Bill.
Emily C. Jeske

Emily C. Jeske is an attorney with Bosquez Porter Family Law in Raleigh. She focuses her practice on the areas of family and domestic issues.

Emily has been recognized for her work in family law in Best Lawyers in America: Ones to Watch and as a Rising Star by North Carolina Super Lawyers. She is the co-chair of the social committee for the family law section of the North Carolina Bar Association and is a member of the Leadership Raleigh Alumni Association Board.

Emily earned her B.S., magna cum laude, in Psychology and Sociology from Furman University and her J.D., cum laude, from Wake Forest University School of Law, receiving membership in the Order of the Coif..

Click here for more information about Emily.
Xavier D. Lightfoot

Xavier D. Lightfoot is an employment and personal injury attorney at Ward and Smith in Raleigh. His practice primarily focuses on labor and employment law, serious personal injury and wrongful death, and civil litigation. As a member of Ward and Smith's Labor and Employment Practice Group, he regularly advises employers on a wide range of labor and employment law issues, including personnel policies and handbooks, employment discrimination and harassment, employee discipline and termination, drug and alcohol testing, and various wage and hour matters.

In addition, Xavier has experience litigating claims for serious personal injury, including cases involving vehicle accidents, professional malpractice, and premises liability, among other areas. He also represents both corporate and individual clients in a broad range of civil litigation before state and federal courts.

Xavier earned his B.S in Business Accounting and Finance from East Carolina University and his J.D. from North Carolina Central University School of Law.

Click here for more information about Xavier.
Matthew Meinel

Matthew Meinel is a Data Protection & Privacy Managing Consultant at Berkeley Research Group (BRG) in Raleigh. He is a compliance consultant focusing on data privacy and information governance. He leverages his legal training and prior IT consulting experience to provide companies with practical, risk-based implementation solutions for privacy and records management programs.

Matt has experience with clients across multiple industries, including life sciences, manufacturing, eCommerce, and financial services. He holds CIPP-US and CIPP-E certifications from the International Association of Privacy Professionals (IAPP) and serves in several leadership positions with the Raleigh-Durham IAPP chapter and the N.C. Bar Association's Privacy & Data Security Section.

Matt earned his B.A., with honors, in History and Political Science with a minor in Computer Science from Vanderbilt University and his J.D., with honors, from the University of North Carolina School of Law.

Click here for more information about Matt.
Kathleen M. O'Malley

Kathleen M. O'Malley is an associate at Stevens Martin Vaughn & Tadych PLLC in Raleigh. She focuses her practice on bankruptcy and bankruptcy litigation, as well as appellate advocacy. Kathleen represents bankruptcy clients primarily in Chapter 11 and Chapter 7 bankruptcies, as well as related debtor/creditor litigation, and has represented clients in appeals in both the state and federal courts.

Prior to joining Stevens Martin Vaugh & Tadych, she worked with the Janvier Law Firm in Raleigh.

Kathleen was selected as a North Carolina Rising Star by Super Lawyers in the field of business bankruptcy from 2020-2022.

Kathleen is a member of the North Carolina Bar Association bankruptcy and appellate practice sections, the New Hanover County Bar Association, the National Association of Consumer Bankruptcy Attorneys, the American Bankruptcy Institute, the North Carolina Association of Women Attorneys, and the International Women's Insolvency & Restructuring Confederation where she serves as secretary on the board of the Carolinas Chapter.

Kathleen is an alumna of St. John's University in Jamaica, NY, where she earned a B.S. in Biology. She worked as a paralegal in both New York and North Carolina, working the fields of real estate, civil litigation, and elder law, prior to attending Campbell University School of Law. She graduated, cum laude, from Campbell University School of Law. After graduating, she clerked for the Honorable Linda Stephens, Judge on the North Carolina Court of Appeals.

Click here for more information about Kathleen.
D. Christopher "Chris" Osborn

D. Christopher "Chris" Osborn is the founder and principal of Osborn Conflict Resolution in Charlotte. He uses his extensive training as a mediator and trained collaborative lawyer to help separating and divorcing couples, deadlocked businesses, and families with inheritance disputes find practical, cost-effective solutions to complex legal problems.

In his 25+ years of practice, including 11 years as an associate and shareholder with Horack Talley in Charlotte, Chris has helped clients reach amicable resolutions in hundreds of disputes, involving complex legal issues and interpersonal dynamics, in the areas of separation and divorce, construction law, business breakups, and inheritance disputes.

Chris was certified by the NC Dispute Resolution Commission as a Superior Court mediator in 2009, and completed the required 16 hour Collaborative Law Practice training in 2016. In 2021, he was also certified by the N.C. Dispute Resolution Commission as a Family Financial Settlement Mediator.

From 2012-2015, Chris was an Assistant Professor at the Charlotte School of Law, where he taught "Interviewing, Client Counseling, and Negotiations," along with first year classes in Contracts and Civil Procedure.

Chris earned his B.A., with highest distinction, from University of North Carolina Chapel Hill and his J.D. from University of Virginia
School of Law.

Click here for more information about Chris.
Jan E. Pritchett

Jan E. Pritchett is the managing attorney at the Greensboro law firm of Schlosser & Pritchett. He has extensive experience in litigating criminal matters and is a Board Certified Specialist in Federal and State Criminal law. He has been recognized by North Carolina Super lawyers for over a decade and North Carolina Magazine's Legal Elite. One of his most recent recognitions was his 2018 induction into the Southern University Law Center Hall of Fame.

Jan began his early career with a small Fayetteville law firm before relocating to Greensboro to become an Assistant District Attorney in Guilford County. For the last 23 years, Jan's practice has been limited to criminal matters. During his 27 year career as an attorney, he has litigated over 200 jury trials and several hundred bench trials.

Jan resides in Greensboro with his wife and two girls. He is active in several community organizations and enjoys traveling, golf and tennis in his time away from the grind.

Click here for more information about Jan.
Catherine Sanders Reach

Catherine Sanders Reach is Director for the Center for Practice Management at the North Carolina Bar Association, providing practice technology and management assistance to lawyers and legal professionals. Formerly she was Director, Law Practice Management and Technology for the Chicago Bar Association and the Director at the American Bar Association's Legal Technology Resource Center.

Prior to her work at the NCBA, CBA and ABA she worked in library and information science environments for a number of years, working at Ross and Hardies as a librarian. She received a master's degree in Library and Information Studies from the University of Alabama, Tuscaloosa in 1997.

Catherine's professional activities include articles published in Law Practice magazine, Law Technology News and GPSolo Magazine, as well as numerous other publications. She has given presentations on the use of technology in law firms for national bar conferences, state and local bar associations and organizations such as the National Association of Bar Council and the Association of American Law Schools. In 2011 she was selected to be one of the inaugural Fastcase 50, celebrating fifty innovators, techies, visionaries, and leaders in the field of law and in 2013 became Professionalism for New Attorneys (PNA) a Fellow of the College of Law Practice Management. She served on the ABA TECHSHOW Board from 2007-2009, 2014-2016 and is co-vice chair in 2019.

Click here for more information about Catherine. Connect with her on Twitter and LinkedIn.
Brian C. Shaw

Brian C. Shaw is a partner at Poyner Spruill LLP in Raleigh. He has extensive education law experience and provides counsel to public school systems throughout the State. Brian is also an Adjunct Professor at the Norman A. Wiggins School of Law at Campbell University.

Brian is a Past Chair of the Education Law Section of the North Carolina Bar Association and has served on the Board of Directors of the National Council of School Attorneys. He is a member of the North Carolina Council of School Attorneys and the National Council of School Attorneys. He is a frequent speaker at the district, state and national level on many different topics dealing with education law.

After serving as law clerk for the Honorable Edward J. Schwartz, Chief Judge of the U.S. District Court in San Diego, California, and graduate work at Oxford University in England, Brian joined the law firm of Jensen Baird Gardner & Henry in Portland Maine, where he served as Chairman of the Education Law Department. In 1993, he joined then Richard A. Schwartz & Associates, became Partner in 1997, and the law firm changed its name to Schwartz & Shaw PLLC.

Brian graduated cum laude in 1976 from Harvard College, where he was a member of Phi Beta Kappa, and received his J.D. degree, cum laude, from Harvard Law School in 1980.

Click here for more information about Brian.
Lauren E. Snyder

Lauren E. Snyder is a partner at HWG LLP in Raleigh, where she is Vice Chair of the firm’s Legal Ethics and Malpractice group. She focuses her practice on legal ethics and malpractice, complex civil litigation, and government enforcement actions. She practices in Washington D.C. and Raleigh.

Lauren has represented various individuals and corporations in a wide range of federal criminal investigations and prosecutions, including investigations and prosecutions related to price-fixing cartels, mail and wire fraud, "off label" use of medical devices, and financial crimes. She has served as both defense and plaintiff's counsel and has been involved in all aspects of litigation, from initial case assessments to trials and appeals.

Prior to joining HWG, Lauren was an associate at Cleary Gottlieb Steen & Hamilton LLP, where her practice focused on litigation and regulatory antitrust matters.

Lauren currently serves on the Board of Wake Women Attorneys. She also serves as the Nominating and Public Service Awards Committee Chair on the Board of the North Carolina Association of Women Attorneys, the Membership Chair for the North Carolina Bar Association's Antitrust and Complex Business Disputes Law Section.

Lauren has previously taught Legal Research and Writing as an adjunct professor at George Washington University Law School.

Lauren earned her B.A., summa cum laude, from Vanderbilt University and her J.D., with high honors, from the George Washington University Law School. While in law school, she was a member of The George Washington Law Review and a Dean's Fellow for the Legal Research and Writing Program. She served as a legal intern for the Victim Witness Assistance Unit for the U.S. Attorney's Office for the District of Columbia.

Prior to entering law school, she taught at-risk middle school students through Teach for America, where she helped implement a gang prevention program.

Click here for more information about Lauren.
Luke A. West

Luke A. West is an attorney with Teague Campbell Dennis & Gorham LLP in Raleigh. His experience as a non-attorney Social Security Disability (SSD) representative inspired his legal career and affords him a diverse skill set. He enjoys his workers' compensation practice because it capitalizes on his advocacy skills and allows him to actively engage in a pre-trial practice.

Luke earned his B.S. in Political Science from Western Carolina University and his J.D., cum laude, from Campbell University School of Law. While at Campbell, Luke served as an Articles Editor for the Campbell Law Review and the Vice President of the Campbell Business Law Association. He was awarded three book awards and received the Dean's Excellence Scholarship. He was also a round of eight finalist in the Richard A. Lord Intermural Moot Court Competition.

Before attending law school, Luke worked for several years as an SSD advocate for a local firm. He enhanced his knowledge of these matters through UNC's paralegal program and an educational program for SSD advocates. He handled matters start to finish and represented his clients in administrative hearings. He witnessed how mastery of the law could alter the outcome of a case and sought out that fulfillment in civil defense and litigation.

Click here for more information about Luke.

Description

Contributors

Gill P. Beck

Christopher L. "Chris" Burti

Matthew A. Cordell

Kearns Davis

Latasia A. Fields

William P. "Bill" Janvier

Emily C. Jeske

Xavier D. Lightfoot

Matthew Meinel

Kathleen M. O'Malley

D. Christopher "Chris" Osborn

Jan E. Pritchett

Catherine Sanders Reach

Brian C. Shaw

Lauren E. Snyder

Luke A. West