2023 Legislative Review CLE Program

8:25 Registration and Continental Breakfast

8:55 Welcome and Introductions

9:00 Legislative Update

David P. Ferrell, Maynard Nexsen PC, Raleigh
M. Jackson "Jack" Nichols, Hedrick Gardner Kincheloe & Garofalo LLP, Raleigh
Janet B. Thoren, North Carolina Real Estate Commission, Raleigh

Three of the leading lawyers working with the Legislature review the legislation recently passed in the 2023 Long Session. They discuss the impact of legislation on administrative and governmental lawyers and provide a forecast of what to anticipate in the 2024 session.

10:00 Break

10:10 Ethics: AI, Current CLE Requirements and Other Hot Topics^*

Savannah B. Perry, North Carolina State Bar, Raleigh

Receive an update on the new CLE requirements, AI, and other important ethics decisions and requirements from the State Bar. Attorneys receive necessary information to navigate the current practice of law.

11:10 Break

11:20 Government Employers and Employment-Related Risk

Grant B. Osborne, Ward and Smith PA, Asheville

This session provides new and seasoned government lawyers with selected updates and insights about developments in employment law that apply to governmental employers of all kinds, arising from federal and state statutory and common law. The presenter's goal is to identify primary employment-related risks confronting governmental employers and provide practical advice about how to avoid and, if necessary, deal with them.

12:20 Lunch Break

1:20 Rules Review Update

Brian Liebman, North Carolina Rules Review Commission, Raleigh

This year, the Rules Review Commission has revised the rules concerning rulemaking. In addition, many rules have been revised or added, which impacts governmental and administrative lawyers. This section provides a review of these changes.

2:20 Break

2:30 Local Government Lawyering: Nuts and Bolts

Alan A. Andrews, Durham County Attorney's Office, Durham

This session is designed to help attorneys new to the practice of local government law, as well as seasoned attorneys who need a "refresher," learn various topics that are relevant to the practice of local government law. Topics include the legal structure of cities and counties, the general ordinance power of cities and counties, open meetings and public records, municipal finance, local government contracting, code enforcement, employment matters, land use, real property acquisition and disposition, and litigation.

3:30 Break

3:40 Technology Check-Up for the New Work World^‡

Catherine Sanders Reach, North Carolina Bar Association, Cary

During the pandemic, lawyers and their teams learned how to work from home using new tools and technologies. Documenting procedures and tracking tasks have become essential to reducing disruption due to the constant shifts encountered in our new work world. What technologies can you use (that you may already have) to help?

4:40 Adjourn

* Indicates portion providing Ethics/Professional Responsibility credit
‡ Indicates portion providing Technology Training credit

Description

Combining the expertise of the NCBA Administrative Law and Government & Public Sector Sections, the 2023 Legislative Review CLE Program is the place to be for lawyers who work for, interact with or study governmental entities.

Contributors

Alan A. "Al" Andrews

Alan A. "Al" Andrews is an attorney in the Durham County Attorney's Office.

Prior to joining Durham County, Al served as Chief Deputy City Attorney in Greensboro. He brings to the job considerable experience working in local government including positions as deputy city attorney, assistant city attorney and police attorney in High Point. He has also served at the North Carolina General Assembly as staff attorney and served as an assistant attorney in the City of Charlotte.

Al earned his B.A. in Political Science/English from Howard University and J.D. from the University of North Carolina at Chapel Hill.

Additionally, Al is a veteran having served as a Captain in the U.S. Army JAG Corps.

Click here for more information about Al.
Kathryn J. Cooper

Kathryn J. Cooper is a Senior Associate City Attorney at the Raleigh City Attorney's Office. Her areas of expertise are environmental, energy, and municipal law. She also provides a broad range of legal services to the City Council, the City Manager and City Officials and staff in conducting the City's business.

Kathryn spent most of her career with the North Carolina Department of Justice rising to Special Deputy Attorney General, a position she held for over 23 years.

Kathryn earned her A.B. in African American Studies, Government and Economics from Smith College and her J.D. from the University of North Carolina School of Law.

Click here for more information about Kathryn.
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.
Amy G. Fitzhugh

Amy G. Fitzhugh is a Professional Licensing Attorney at Ward and Smith PA in Raleigh. She represents licensed health care professionals faced with licensing issues in obtaining initial licensure, renewing or reinstating a license, and navigating allegations or complaints of practice violations reported to health care occupational licensing boards. Her clients are health care professionals, including nurses, doctors, dentists, and other health care specialists such as physician assistants, nurse practitioners, midwives, nurse anesthetists, pharmacists, and psychologists.

For nearly a decade, Amy served as the North Carolina Board of Nursing's first in-house attorney, creating and leading its Legal Department and ultimately becoming the Board's Chief Legal Officer and Legislative Liaison.

From 2020 – 2022, Amy served on the Board of Directors of the National Council of State Boards of Nursing, as well as served on committees of the Nurse Licensure Compact since its enactment in 2018. She has tremendous experience with disciplinary and license application cases and a deep knowledge of the regulation of licensed professionals, particularly nurses at every level, and of licensing compacts.

Prior to her career at the North Carolina Board of Nursing, Amy was an assistant district attorney, where she gained vast litigation experience.

Amy is a member of the Administrative Law Section of the North Carolina Bar Association.

Amy earned her B.A. from North Carolina State University and J.D. from Campbell University School of Law.

Click here for more information about Amy.
W. Bain Jones Jr.

W. Bain Jones Jr. is a sole practitioner in Raleigh. He practices administrative, workers' compensation, social security and employment law.

Bain is a member of the Administrative Law Section and the Senior Lawyers Division of the North Carolina Bar Association.

Bain earned his bachelor's degree from the University of North Carolina at Chapel Hill and J.D. from Cumberland School of Law, Samford University.

Click here for more information about Bain.
Brian R. Liebman

Brian R. Liebman is Counsel to the North Carolina Rules Review Commission in Raleigh.

Prior to his service to the Commission, Brian held several roles at the North Carolina Industrial Commission and clerked for the Honorable Robert N. Hunter, Jr. at the North Carolina Court of Appeals.

Brian earned his B.A. in Political Science and History from North Carolina State University and J.D. from the University of North Carolina School of Law.

Click here for more information about Brian.
M. Jackson "Jack" Nichols

M. Jackson "Jack" Nichols is Of Counsel at Hedrick Gardner Kincheloe & Garofalo LLP in Raleigh. His practice focuses on administrative law and civil litigation. He concentrates on public policy development and advocacy, administrative law, and civil litigation.

Jack has taught Administrative Law and Constitutional Law at the University of North Carolina at Chapel Hill and Campbell University School of Law. He has also represented clients in more than 100 hearings at the Office of Administrative Hearings, and has been Counsel of Record in over 60 appellate cases.

Among his litigation cases, Jack has successfully resolved sexual harassment claims, EEOC claims, retaliation, whistleblowers, commercial cases involving Unfair Trade Practice claims, violation of non-compete agreements, violations of the N.C. Trade Secrets Act, wage and hour cases, jury trials, professional defamation, and product disparagement cases.

Jack's consistent excellence has led to recognition as among the Best Lawyers in America® in Administrative Law since 2003, including selection as the Administrative/Regulatory Lawyer of the Year in 2020, and recognition among Super Lawyers in 2006 and 2009-present. He is also Rated AV® by Martindale-Hubbell®.

Jack earned his B.S. in Political Sciense from Davidson College, M.A. in Public Policy Science from Duke University and his J.D. from Wake Forest University School of Law.

Click here for more information about Jack.
Grant B. Osborne

Grant B. Osborne is a labor and employment attorney with Ward and Smith PA in Asheville. His practice experience of more than 30 years encompasses a wide range of issues that arise in employment and labor law. He provides counsel to clients in the health care, financial, hospitality, construction, business services, employee staffing, and non-profit sectors. He represents clients in state and federal courts as well as administrative agencies. He regularly advises employers of all sizes and litigates civil cases regarding all forms of employment discrimination, wrongful discharge, unlawful retaliation, contractual issues, personnel policies and practices, and wage and hour issues.

Grant also has advised and represented employers with respect to their rights and obligations arising under laws pertaining to collective bargaining and labor unions.

Grant is a frequent lecturer regarding all aspects of the employment relationship that arise under numerous federal and state laws, and often represents employers before the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, and federal and state "wage and hour" agencies. He also serves as a mediator and is certified by the North Carolina Dispute Resolution Commission.

Grant served as the Chairman of the North Carolina Bar Association's Labor and Employment Law Section (from 2015 to 2016).

Grant earned his B.A. in History from Duke University and his J.D. from Duke University School of Law.

Click here for more information about Grant.
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.
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 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.
Janet B. Thoren

Janet B. Thoren is the Director of Regulatory Affairs and Legal Counsel to the North Carolina Real Estate Commission in Raleigh. She oversees the regulatory program for the Commission, including the investigation and prosecution of complaints before the Commission; its legislative interests, rulemaking, and its general interest in real estate-related matters.

Upon graduation from law school, Janet joined a Hillsborough law firm where she specialized in residential and commercial real estate transactions. In 2005, she was appointed as a Special Assistant United States Attorney in the Western District of North Carolina and spent 15 years assisting the FBI and US Attorney's Office with mortgage fraud cases and other federal criminal cases involving real estate brokers.

In 2007, Janet assisted in drafting the language for the Mortgage Fraud Act, which passed unanimously in both the House and Senate and became effective December 1, 2007. In addition, she assisted in creating and annually teaching a course to real estate board and commission members throughout the United States and Canada designed to improve their understanding of their role, the applicable laws, and their ethical obligations.

Janet is a past chair of the Administrative Law Section of the North Carolina Bar Association and is the president-elect for the international Association of Real Estate License Law Officials (ARELLO).

Janet earned her B.S. in Business Administration and Management from Pembroke State University and J.D. from the University of North Carolina at Chapel Hill School of Law.

Click here for more information about Janet.

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Description

Contributors

Alan A. "Al" Andrews

Kathryn J. Cooper

David P. Ferrell

Amy G. Fitzhugh

W. Bain Jones Jr.

Brian R. Liebman

M. Jackson "Jack" Nichols

Grant B. Osborne

Savannah B. Perry

Catherine Sanders Reach

Janet B. Thoren