8:55 Welcome and Introductions
9:00 Privacy and Data Security 101 for Complex Civil Litigators
Will Quick, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh
This session provides relevant and current information for complex civil litigators in the quickly evolving areas of privacy and data security.
10:00 Break
10:10 Key Ethical Issues in Complex Civil Litigation*
Amy E. Richardson, HWG LLP, Raleigh
Grace H. Wynn, HWG LLP, Raleigh
During this session, the presenters cover key ethical issues that might arise in your practice. They discuss navigating conflicts of interest (including disqualification) in complex civil litigation and also cover how to handle difficult client scenarios in an ethical manner.
11:10 Break
11:20 Allyship: What It Means to Be an Ally in the Legal Profession*
James A. “Jamie” Dean, Microsoft, Winston-Salem
Shalanna L. Pirtle, Parker Poe Adams & Bernstein LLP, Charlotte
S. Collins Saint, Brooks Pierce McLendon Humphrey & Leonard LLP, Greensboro
Katarina “Katie” Wong, Brooks Pierce McLendon Humphrey & Leonard LLP, Raleigh (Moderator)
This panel discusses what litigators can do to be better allies to their colleagues and peers in the practice area. As the practice area grows more diverse, it is important to understand what we can do to retain and keep diverse talent in the practice of law. The panelists share how they have felt seen or understood by their peers. They also explore ways in which individuals can serve as allies to racial minorities, queer, or disabled peers.
12:20 Lunch Break
1:20 Common Exemptions to Section 75-1.1 Liability
Andrew Parks Carter, Ellis & Winters LLP, Greensboro
Steven A. Scoggan, Ellis & Winters LLP, Greensboro
Courts have carved out certain types of conduct from the reach of Section 75-1.1. These judicially created exemptions typically involve situations that are not “in or affecting commerce” within the meaning of Section 75-1.1 or conduct that occurs in a heavily regulated area. This session explores several of the most frequently encountered common-law exemptions to Section 75-1.1 liability.
2:20 Break
2:30 When the Plaintiff Is the Federal Government
Magistrate Judge Robert T. Numbers II, U.S. District Court for the Eastern District of North Carolina, Raleigh
Lawrence J. Cameron, U.S. Attorney’s Office for the Western District of North Carolina, Charlotte
Tanisha Palvia, Moore & Van Allen PLLC, Charlotte (Moderator)
Caitlin M. Poe, Williams Mullen, Raleigh
This panel features a federal judge, a federal prosecutors and seasoned defense attorneys that discuss the unique aspects of civil litigation when the federal government is the plaintiff.
3:30 Break
3:40 Business Court Panel Discussion
Chief Judge Louis A. Bledsoe III, North Carolina Business Court, Charlotte
Judge Adam M. Conrad, North Carolina Business Court, Charlotte
Judge Mark A. Davis, North Carolina Business
Court, Raleigh
Judge Michael L. Robinson, North Carolina Business Court, Winston-Salem
Andrew P. Tabeling, Parker Poe Adams & Bernstein LLP, Raleigh (Moderator)
Frequently regarded as the highlight of the section’s annual CLE, this panel discussion features sitting Business Court judges who offer their perspectives about practice before the Business Court.
4:55 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
Thank you for joining us for 2023 Antitrust & Complex Business Disputes Law Section Program.
This CLE explores issues that challenge lawyers in complex business disputes, providing in-depth coverage of topics that arise frequently.
Chief Judge Louis A. Bledsoe III presides as Chief Judge of the North Carolina Business Court with chambers located at the Mecklenburg County Courthouse in Charlotte. He was sworn in as a Special Superior Court Judge for Complex Business Cases in July 2014 and was designated Chief Judge of the Business Court, effective July 1, 2018.
A native of Charlotte, Judge Bledsoe graduated from the University of North Carolina at Chapel Hill in 1981, where he was a Morehead Scholar, a member of Phi Beta Kappa, and the recipient of the William P. Jacocks Award as the outstanding man in UNC's graduating class. Judge Bledsoe graduated from Harvard Law School, cum laude, in 1984, and immediately after graduation served as a law clerk to Judge Sam J. Ervin, III on the United States Court of Appeals for the Fourth Circuit.
Judge Bledsoe is a member of the American College of Business Court Judges and currently serves as one of the College's representatives to the ABA Business Law Section.
Upon completion of his clerkship in 1985, Judge Bledsoe joined the law firm of Robinson Bradshaw & Hinson PA in Charlotte where he practiced commercial and business litigation for nearly 29 years until his appointment to the bench. During his time in private practice, Judge Bledsoe was regularly selected to appear in Woodward/White's Best Lawyers in America, North Carolina Super Lawyers, and Benchmark Litigation.
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Lawrence J. Cameron is First Assistant U.S. Attorney at the U.S. Attorney's Office for the Western District of North Carolina in Charlotte. He oversees the office's day-to-day operations and supervise the Civil, Criminal, Appellate and Administrative divisions, while serving as chief adviser to the U.S. Attorney.
Formerly a Partner at McGuireWoods' Raleigh office, Lawrence represented corporate and individual clients in government and internal investigations, civil litigation, and regulatory enforcement and white collar criminal defense matters. He assisted clients across industries, including financial services, defense contracting, healthcare and energy. He also sat on the steering committee of the firm's Appellate Justice Initiative and was a member of McGuireWoods' Racial Justice Task Force.
Lawrence previously was an Assistant U.S. Attorney for the Eastern District of North Carolina and an Assistant District Attorney in Wake County.
Lawrence earned his B.A. in Political Science from Hampton University and his J.D. from the University of North Carolina at Chapel Hill School of Law.
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Andrew Parks Carter is an attorney with Ellis & Winters LLP in Greensboro. He is a member of the firm's Litigation Group and focuses his practice on complex commercial litigation and tort matters.
Prior to joining Ellis & Winters in 2022, Andrew worked as a summer associate in the firm's Greensboro office for two consecutive years.
Andrew earned his B.A. in Political Science from the University of Louisville and his J.D. from Elon University School of Law, where he served as a Leadership Fellow and Staff Editor on the Elon Law Review. He has completed internships with the Forsyth County Public Defender's office, and the NAACP.
A standout on Louisville's Division 1 tennis team, Andrew travelled to fifteen countries during his professional tennis career. In addition to his legal career, Andrew also operates his own business, "On the Rise," through which he coaches and mentors aspiring elite athletes nationwide. He has coached five of his students through to the University level.
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Judge Adam M. Conrad, was sworn in as a Special Superior Court Judge for Complex Business Cases on December 23, 2016, with chambers located at the Mecklenburg County Courthouse in Charlotte.
A resident of Charlotte, Judge Conrad holds a B.S. degree in electrical engineering from the University of Notre Dame and received his J.D. from the University of Georgia, where he was a member of the Order of the Coif and Editor in Chief of the Georgia Law Review. After receiving his law degree, Judge Conrad clerked for the Honorable David B. Sentelle of the United States Court of Appeals for the D.C. Circuit and the Honorable Clarence Thomas of the United States Supreme Court.
Prior to joining the Business Court, Judge Conrad was a partner in King & Spalding's national appellate practice with experience in intellectual property, constitutional, and other civil matters.
Judge Conrad is a member of the American College of Business Court Judges.
Judge Mark A. Davis was sworn in as a Special Superior Court Judge for Complex Business Cases on July 1, 2021, with chambers located in Raleigh. He has served as an associate justice of the North Carolina Supreme Court (2019-2020) and previously as a Judge of the North Carolina Court of Appeals. He worked as a Special Deputy Attorney General in the North Carolina Department of Justice for five years. He spent thirteen years as an attorney at Womble Carlyle Sandridge & Rice where he was a Member of the firm in the Litigation Section. He also served as General Counsel in the Office of the Governor for approximately two years.
Judge Davis received his law degree from the University of North Carolina School of Law and served on the North Carolina Law Review. He received his undergraduate degree from the University of North Carolina at Chapel Hill where he was inducted into Phi Beta Kappa. Upon graduation from law school, he served as a law clerk to the Honorable Franklin T. Dupree, Jr. in the United States District Court for the Eastern District of North Carolina.
Judge Davis has been active in the North Carolina Bar Association, serving on the Appellate Rules Committee and the Bench-Bar Liaison Committee. In 2018, he received a Master of Laws (LL.M.) degree in Judicial Studies from the Duke University School of Law. He is also a recipient of the Order of the Long Leaf Pine.
In March of 2019, Judge Davis was appointed as an Associate Justice on the North Carolina Supreme Court. He served in that role through December 2020. In January of 2021, he was appointed to a six-month term as a Visiting Distinguished Jurist in Residence at the Elon University School of Law.
Judge Davis has given presentations at numerous Continuing Legal Education seminars in North Carolina on the subject of appellate advocacy.
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James A. "Jamie" Dean is the Senior Corporate Counsel - Accessibility Regulations at Microsoft Corporation in Winston-Salem. Jamie was formerly a business litigation attorney at Womble Bond Dickinson (US) LLP in Winston-Salem as well as an Adjunct Professor of Pre-Trial Pracice and Procedure at Wake Forest University School of Law.
Jamie earned his B.A., summa cum laude, in Economics from Wake Forest University, his MBA from Wake Forest University School of Business, his J.D., magna cum laude, from Wake Forest University School of Law.
Jamie was a part of the U.S. national rowing team and won the silver medal at the 2008 Paralympic Games in Beijing, China as the stroke man of the adaptive four-person crew.
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Shana L. Fulton is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Raleigh. She represents businesses and individuals in criminal and civil litigation, under government investigation or in conducting internal investigations. As a defense attorney and former Assistant U.S. Attorney, she has experience litigating and investigating high-profile and complex matters at all levels of federal and state trial courts. She loves using her deep experience as a defense attorney and federal prosecutor on complex matters that feature a mix of criminal, civil and regulatory issues.
Shana represents individuals and businesses facing white-collar criminal prosecution and government investigations. A former Assistant U.S. Attorney for the District of Columbia, she has extensive experience handling trials and hearings in state and federal courts of all levels.
A former Assistant U.S. Attorney for the District of Columbia, she has extensive experience handling trials and hearings in federal courts. Prior to arriving at Brooks Pierce, Shana served as the Deputy Chief for both the Felony Major Crimes Section and the General Crimes Section of the U.S. Attorney's Office for the District of Columbia. She also served as Senior Litigation Counsel for the Homicide Section. Many of her previous cases garnered national news coverage, including in The Washington Post.
Shana is a member of the North Carolina, Wake County and Federal Bar Associations, North Carolina Association of Black Lawyers and the Capital City Lawyers Association.
Shana earned her B.A., with highest honors and distinction in English and Political Science, from the University of North Carolina at Chapel Hill and her J.D. from Columbia University School of Law.
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Magistrate Judge Robert T. Numbers II serves as a United States Magistrate Judge in the United States District Court for the Eastern District of North Carolina in Raleigh.
Upon his graduation from law school, Judge Numbers joined the Winston-Salem office of a large North Carolina-based law firm. From 2005 until 2010, Judge Numbers' practice focused on civil rights claims against local municipalities and government contractors. In 2010, Judge Numbers joined the firm's Raleigh office and concentrated his practice on complex business litigation in state and federal courts. He is admitted to all North Carolina state and federal courts, the Fourth Circuit Court of Appeals, the Third Circuit Court of Appeals, and the United States Supreme Court.
During his time on the bench, Judge Numbers has handled a variety of matters. In the criminal arena, he has conducted thousands of initial appearances and detention hearings as well as dozens of bench trials. With respect to civil matters, Judge Numbers has handled matters addressing innumerable topics including patents, copyright, civil rights, environmental issues, and complex business disputes. Judge Numbers is also the chair of the Court's Local Patent Rules Committee.
Judge Numbers earned his B.A. in Political Science and Economics, with honors, from Wake Forest University and his J.D., cum laude, from the University of Notre Dame Law School.
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Tanisha Palvia is an attorney at Moore & Van Allen PLLC in Charlotte. She represents individuals and corporations facing white collar criminal prosecutions and governmental enforcement actions. She also manages and conducts internal investigations for various organizations, including financial institutions, private and public universities and schools, and medical providers, on a variety of sensitive issues, including Title IX, financial fraud, and labor and employment concerns.
Before joining the firm, Tanisha was a partner at a regional law firm, where she focused her practice on white collar criminal defense, government investigations, internal investigations, and complex civil litigation. Previously, she spent five years in the Manhattan District Attorney’s Office in New York City where she prosecuted and tried a variety of criminal cases, ranging from financial to violent crimes.
Tanisha earned her B.A. from the University of North Carolina at Chapel Hill, where she was a Robertson Scholar, and her J.D., with honors, from Emory University School of Law.
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Shalanna L. Pirtle is Chief Talent, Diversity & Inclusion Officer and Partner at Parker Poe Adams & Bernstein LLP in Charlotte. She is Parker Poe's executive overseeing all aspects of talent management, diversity, equity, and inclusion (DEI) in Charlotte. She sets the strategic vision and oversees implementation of the firm's efforts related to DEI, professional development, and recruiting and retention. She also cultivates strategic partnerships with organizations and individuals outside the firm to help further DEI in the legal profession and the broader community.
In addition, Shalanna is a trusted mediator and employment attorney. Certified as a mediator by the North Carolina Dispute Resolution Commission, she mediates disputes of varying subject matters at the state and federal levels, both before and during litigation. She has deep experience identifying key areas of dispute, building bridges to better understanding between parties, and helping them find common ground.
Shalanna also represents employers in all industries and aspects of the employment relationship. An analytical counselor with intuitive problem-solving skills, she concentrates her practice in the areas of employment counseling, internal investigations, and litigation.
Shalanna regularly defends employers in litigation under all of the state and federal anti-discrimination laws, as well as employment contract disputes, wrongful discharge claims, and wage and hour issues. She also represents clients in proceedings before the Equal Employment Opportunity Commission and the North Carolina Departments of Labor and Commerce.
Shalanna earned her B.A. from Indiana University and her J.D. from the University of Georgia.
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Caitlin M. Poe is a Partner at Williams Mullen in Raleigh. She is is a trial lawyer and regulatory adviser who represents criminal and civil clients, with a particular focus on representing clients adverse to the state or federal government. Her experience includes criminal and civil cases involving securities regulation, intellectual property, consumer protection, environmental compliance, and allegations of health care fraud and financial fraud.
Caitlin represents business entities and individuals in connection with government and internal investigations, and she is skilled in managing complex civil litigation matters in federal and business court. She also assists individuals and entities in responding to subpoenas from government agencies or grand juries, identifying and producing documents, preparing for interviews or testimony and working with clients to identify and address any issues or potential exposure through this process.
Caitlin has been named among North Carolina's "Legal Elite" for Criminal Law by Business North Carolina (2019-present). She was named to the publication's "Young Guns" list in 2019 and 2020. She has also been listed in North Carolina Super Lawyers Rising Stars (2018-2022) and named to Benchmark Litigation's 40 and Under Hot List (2018-present). Caitlin is also listed among the "Ones to Watch" by Best Lawyers® (2021-present) and recognized by Chambers USA for Litigation: White-Collar Crime & Government Investigations as an "Associate to Watch" (2021) and "Up and Coming" (2022).
Before entering private practice, Caitlin clerked for the Honorable James C. Dever, III, of the United States District Court for the Eastern District of North Carolina.
Caitlin earned B.A., summa cum laude, from the University of Georgia and her J.D. from the University of Virginia, where she served as editor-in-chief of the Journal of Law and Politics.
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Steven W. "Will" Quick is a partner at Brooks Pierce McLendon Humphrey & Leonard LLP in Raleigh. He has a diverse litigation and regulatory practice, representing businesses and local governments in trial and appellate matters and before state agencies in North and South Carolina. He also advises clients on the design and implementation of privacy compliance programs and assists data breach victims with their response and notification obligations.
Will assists businesses of all types with assessing regulatory obligations and developing privacy compliance programs to meet them. He also helps companies experiencing cybersecurity incidents with the investigation, response and notification process, often coordinating efforts across multiple states.
Will is a Certified Information Privacy Professional (CIPP/US), and a Board Certified Specialist in Privacy and Information Security Law by the North Carolina State Bar Board of Legal Specialization.
Will earned his B.A., magna cum laude, and M.B.A. from North Carolina State University and his J.D., with honors, from the University of North Carolina School of Law.
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Amy E. Richardson is a Managing Partner at HWG LLP in Raleigh, where she serves as Chair of the Legal Ethics and Malpractice group. Her practice focuses on legal ethics and professional responsibility matters, white collar defense and complex commercial litigation.
In her Legal Ethics and Malpractice role, Amy counsels and represents lawyers and law firms in disciplinary investigations and prosecutions and malpractice matters. Her disciplinary experience includes matters before multiple state bars, the USPTO's Office of Enrollment and Discipline (OED) and the Office of Professional Responsibility (OPR). She has represented individual lawyers and law firm in high stakes arbitrations related to partner departures. She also counsels and advises lawyers and law firms in partner admissions and departures, and law firm dissolutions. Amy teaches legal ethics and professional responsibility at Duke University School of Law and Georgetown University Law Center.
In her Complex Civil Litigation practice, Amy handles complex civil cases in federal court, state court, and in arbitration proceedings throughout the United States. She has been involved in several high profile matters. She also works closely with the firm's telecom practice in cases involving the communications-technology industry, including Telephone Consumer Protection Act, intercarrier compensation and access fee disputes.
In her Regulatory Compliance and White Collar Criminal Defense practice, Amy has successfully represented companies before federal and state regulatory agencies and Offices of Inspector General. Her extensive white-collar criminal defense experience includes preparing clients for grand jury appearances and trial work. She also assists clients in identifying, complying with and discovering noncompliance with complex and evolving federal regulatory requirements.
Amy has been recognized by multiple publications for excellence, receiving top rankings for North Carolina litigators in Chambers USA, Best Lawyers, Super Lawyers, and Business North Carolina's "Legal Elite." She is a frequent speaker and leader on ethics and litigation issues. Amy has served as an advisory member of the North Carolina State Bar Ethics committee and as the current Vice Chair of the North Carolina State Bar Client Security Fund. She is the Immediate Past Chair of the North Carolina Bar Association's Litigation Council. Amy is also a member of Federation of Defense & Corporate Counsel (FDCC), Association of Professional Responsibility Lawyers (APRL) and DRI.
Amy earned her her B.A., summa cum laude, from the University of North Carolina and her J.D., cum laude, from Duke University School of Law.
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Judge Michael L. Robinson was sworn in as a Special Superior Court Judge for Complex Business Cases on July 1, 2016, with chambers located at Wake Forest University School of Law in Winston-Salem.
Prior to joining the business court, Judge Robinson was engaged in the private practice of law for 35 years in Winston-Salem with Petree Stockton & Robinson and with Robinson & Lawing, concentrating his practice for several decades on complex business litigation. In addition to his service on the court, he served as a North Carolina State Bar Councilor from 2009 through 2018 and is a member of the American College of Business Court Judges.
A lifelong resident of Winston-Salem, Judge Robinson earned his B.A. in economics from Davidson College and his J.D., with honors, from the University of North Carolina School of Law, where he was a member of the Order of the Coif.
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S. Collins Saint is an attorney in the Greensboro office of Brooks Pierce McLendon Humphrey & Leonard LLP, where he counsels and litigate on behalf of school boards, private schools, and institutions of higher education so that he can focus on what they do best: educating students.
Collins's background in school counseling informs his practice as he helps school districts navigate complex laws that impact students and educators. He has particular focus on broadening awareness of diversity issues within organizations and counseling educational institutions on compliance with state and federal civil rights laws and regulations.
Collins's pro bono practice focuses on representing trans individuals in discrimination litigation and aiding trans individuals obtain legal name- and gender marker-changes.
Collins is a regular presenter and author on civil rights and DEIB issues for national and international audiences, including the National LGBTQ Bar, the American Bar Association, Bloomberg Law, the Society for Human Resource Management, and various employers, educational institutions and educational trade associations. For this work, Collins has been recognized as a "Leader in Diversity" by the Triad Business Journal; a "Phenom of Law' by both the North Carolina and South Carolina Lawyers Weekly; one of the American Bar Association's On the Rise – Top 40 Young Lawyers; and by The University of Alabama College of Education for his work in the education field. Collins was also selected by his peers for inclusion in Business North Carolina's "Legal Elite" and The Best Lawyers in America© "Ones to Watch" list for Education Law and Labor and Employment Law – Management.
Collins went to Wake Forest University School of Law, where he was recognized by the North Carolina State Bar for his pro bono service and National Jurist as a "Law Student of the Year." He also holds a Master's degree in School Counseling and uses his experience to counsel educational institutions on state and federal regulatory compliance and civil rights issues. Prior to entering the legal field, he was trained as a mental health care practitioner and uses those skills in his legal practice.
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Steven A. Scoggan is a Partner at Ellis & Winters LLP in Greensboro. He partners with clients facing significant changes and challenges in their professional and business relationships. He frequently advises clients about key employee departures and guides them through lawsuits involving employee raiding, unfair trade practices, trade secrets, and non-competition, non-solicitation, and confidentiality agreements. In addition, he advocates on behalf of business owners and officials in disputes about the management, control, and ownership of business enterprises. He also handles commercial disputes involving licensing, software, real estate, and warranties.
Steven regularly represents clients in the North Carolina Business Court, which decides complex cases involving issues of corporate and commercial law. Steven's legal career began as a law clerk to the Honorable James L. Gale, a former Chief Judge of the Business Court.
In his appellate practice, Steven has argued in the Supreme Court of North Carolina and briefed numerous cases in North Carolina's state appellate courts, the U.S. Court of Appeals for the Fourth Circuit, and the United States Supreme Court, representing both parties and amici curiae. Steven also has experience in litigation involving products liability (including mass torts, medical devices, and asbestos), catastrophic injuries and wrongful-death claims, construction defects, defamation, and constitutional issues.
Steven earned his B.A., summa cum laude, from the University of Alabama and his J.D. from Duke University School of Law, where he served as the Articles and Comments Editor for the Duke Journal of Constitutional Law & Public Policy.
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Andrew P. "Andy" Tabeling is an Associate at Parker Poe Adams & Bernstein LLP in Raleigh. He is part of a team of attorneys who represent clients before state and federal courts, governmental agencies, and national and international arbitration panels in the Southeast and around the world.
Andy has served as a judicial law clerk in the North Carolina Business Court where he participated in the decision-making process in complex business litigation, assisted in drafting orders and opinions, and served as a primary contact between attorneys and the court.
Andy earned his B.A., magna cum laude, from the University of Georgia and his J.D. from the University of North Carolina at Chapel Hill, where he competed in Moot Court and served as a notes editor for the North Carolina Journal of Law and Technology.
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Katarina "Katie" Wong is an Associate at Brooks Pierce McLendon Humphrey & Leonard LLP in Raleigh. She focuses her practice on commercial and intellectual property litigation, representing clients in all state and federal courts. She works with individuals and companies facing white-collar criminal charges and government investigations.
Katie represents businesses of all sizes, as well as individuals, in litigation in state and federal court. She counsels clients through a wide variety of complex commercial matters and has experience with both civil and criminal procedure.
Katie was selected by her peers for inclusion in The Best Lawyers in America© "Ones to Watch" for Intellectual Property Law (2024).
Katie earned her B.A., cum laude, from Duke University, her M.A. from Columbia Teachers College and her J.D., magna cum laude, from Duke University School of Law.
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Grace H. Wynn is an associate at HWG LLP in Raleigh. She represents lawyers and firms in disciplinary investigations, prosecutions, and malpractice matters. She also helps lawyers and law firms understand and comply with their legal ethics obligations.
Grace is a Lecturing Fellow at Duke University Law School where she teaches "Ethics and the Law of Lawyering." She is a frequent speaker and writer on evolving issues in legal ethics.
Grace also represents individuals and companies in all stages of civil and criminal litigation. She also conducts internal investigations in response to government enforcement actions.
Prior to entering private practice, Grace clerked for the Honorable Donald Middlebrooks of the United States District Court for the Southern District of Florida.
Grace earned her B.A., summa cum laude, from the College of William & Mary and her J.D. from Duke University School of Law, where she served as Executive Editor of the Journal of Law & Contemporary Problems. At William & Mary, she was a Division I scholarship athlete in cross country and track, and received the Provost Award for outstanding academic achievement by a student athlete all three of her collegiate years.
Prior to entering law school, Grace worked as a Teach for America educator in rural Mississippi.
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