THURSDAY, OCTOBER 17, 2024
8:55 Welcome and Introductions
9:00 Civil Law Update
Eric M. David, Brooks Pierce, Raleigh
X. Lightfoot, Ward and Smith PA, Raleigh
Hear recent key decisions from the North Carolina Supreme Court and Court of Appeals. This session also addresses substantive areas of civil law, Rules of Civil Procedure and Rules of Evidence.
10:00 Break
10:10 A Review of the Most Significant Business Court Decisions
Phillip J. "Phil" Mohr, Womble Bond Dickinson, Greensboro
Review decisions from the North Carolina Business Court over the last 12 months that are important for lawyers to know, both for their practice and for the clients whom they represent and advise.
11:10 Break
11:20 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. The fast-paced discussion covers legal updates from the previous year on topics such as equitable distribution, child custody, child support, post-separation support, alimony, separation agreements, contempt, attorney's fees and more.
Qualifies for NC State Bar Family Law Specialization.
12:20 Lunch Break
1:20 Criminal Law Update
Kearns Davis, Brooks Pierce, Greensboro
Jan E. 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.
Qualifies for NC State Bar Criminal Law Specialization.
2:20 Break
2:30 Professional Responsibility: Countering the Rise of Incivility With Professionalism*
Gill P. Beck, U.S. Attorney's Office for the Western District of North Carolina, Asheville
What are the causes of incivility and how does incivility differ from violations of the Rules of Professional Responsibility? How do we prepare ourselves for incivility arising in the practice of law? What behaviors should we avoid in responding to incivility? What are best practices for developing a civility skill set? Should we aspire to develop civility as a life skill, not just a trial or negotiation skill? This session focuses on practical tips for developing your civility skill set.
3:30 Break
3:40 Calm in the Midst of Chaos: Resilience Training†
Brad Pearce, Pearce Law PLLC, Charlotte
Practicing law is stressful, and often chaotic. Many more factors are out of our control than we care to admit. The more energy we exert trying to control the uncontrollable, the more chaotic and unmanageable our internal thoughts and feelings can become. There is hope! The good news is that resilience is a learned skill, not an innate quality. There are dozens of resilience tools, backed by scientific research, that we can practice and use to return to ourselves and a calmer state of mind and body. The resilience tools spotlighted are those the speaker has actively used in life and law practice.
4:40 Adjourn for the Day
FRIDAY, OCTOBER 18, 2024
8:55 Announcements and Introductions
9:00 The Future of the Electronic Court System‡
M. Heath Gilbert Jr., Baucom Claytor Benton Morgan & Wood PA, Charlotte (Moderator)
Sarvani Jami, North Carolina Administrative Office of the Courts, Raleigh
Joseph A. Kyzer, North Carolina Administrative Office of the Courts, Raleigh
Michael T. "Mike" Silver, North Carolina Administrative Office of the Courts, Raleigh
Kristy S. Tarleton, North Carolina Administrative Office of the Courts, Raleigh
Heath Gilbert, NCBA Future of Law Committee member, leads a discussion with AOC personnel about the electronic future of law, including eFiling and Webex hearings.
10:00 Break
10:10 NC Employment Law Update
Laura Wetsch, Winslow Wetsch PLLC, Raleigh
This session covers new decisions made since November 2023 applicable to the practice of North Carolina employment law, as well as statutory and regulatory changes potentially impacting this practice.
11:10 Break
11:20 Real Property Case Law Update
Christopher L. "Chris" Burti, Statewide Title Inc., Farmville
Receive the latest real property updates to benefit your practice by learning about this year's most recent and impactful case law decisions.
Qualifies for NC State Bar Real Property Law Specialization.
12:20 Lunch Break
1:20 North Carolina State Bar Ethics Committee Year in Review*
Nichole McLaughlin, North Carolina State Bar, Raleigh
Wondering what the State Bar has been up to? Find out as we recap recently adopted ethics opinions, proposed ethics opinions, rule amendments adopted in 2023, changes to the random audit of trust accounts selection process, and changes to the CLE reporting requirements. This session also addresses the State Bar Council's initiative to provide guidance on succession planning.
2:20 Break
2:30 Estate Planning Update
Matthew S. McGonagle, Narron Wenzel PA, Smithfield
Review recent federal and North Carolina case law and statutory updates involving estates, gifts and trusts.
Qualifies for NC State Bar Estate Planning & Probate Law Specialization.
3:30 Break
3:40 Tech Tips for Attorneys: Navigating the Latest in Law Practice Management and Technology‡
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, check 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.
4:40 Adjourn
* Indicates portion providing Ethics/Professional Responsibility credit
† Indicates portion providing Professional Well-Being credit
‡ Indicates portion providing Technology Training credit
Sharpen your legal knowledge at this year's NCBA Annual Review as our speakers delve into the latest court decisions, significant legislative updates and policy amendments that span a wide range of topic and practice areas.
Also receive important information on e-courts, recently adopted NC State Bar ethics opinions, and more while satisfying your ethics, professional well-being and technology training requirements.
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 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.
Eric M. David is a Partner with Brooks Pierce in Raleigh. He focuses his practice on business litigation, constitutional litigation, and media and communications law.
Eric represents large and small businesses in complex litigation, particularly in federal court and the North Carolina Business Court. Eric has experience in a wide range of matters, including trade secrets litigation, corporate governance disputes, breach of fiduciary duty claims, and claims brought under the North Carolina Unfair and Deceptive Trade Practices Act.
Eric earned his B.A. and M.A. degrees from the University of North Carolina at Chapel Hill and his J.D., with honors, from the University of North Carolina School of Law.
Click here for more information about Eric.
Kearns Davis is a Partner at Brooks Pierce in Greensboro. He founded the firm's white-collar defense and investigations practice in 2007. In addition to criminal defense, he handles a broad spectrum of federal and business litigation across North Carolina and around the country.
Kearns previously worked as an Assistant United States Attorney for the Middle District of North Carolina and as a Law Clerk to Fourth Circuit Chief Judge Sam J. Ervin, III.
Kearns served as President of the North Carolina Bar Association in 2016-17. He also served as Chair of the Criminal Justice Section, as Chair of the Young Lawyers Division, and as a frequent speaker on federal criminal and litigation practice.
Kearns earned his B.A., with honors, in History from Davidson College, 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.
M. Heath Gilbert Jr. is a Partner at Baucom Claytor Benton Morgan & Wood PA in Charlotte. He practices principally in the areas of corporate and business law, handling both transactional matters and litigation matters as an "outside" general counsel for many small to mid-size businesses. He has successfully developed a wide ranging business practice including business start-ups, mergers and acquisitions, and general corporate and business representation.
Heath's corporate and business clients range in diversity and include members of the restaurant and food service industry, manufacturing sector, construction, intellectual technology and retail. He is also one of the few attorneys in the Carolinas that maintains an active entertainment law practice including performing work for such clients as sports television personality Marty Snider, Mediazeus, SouthCoast Marketing & Entertainment, Reelworks Productions, and Studio South.
Heath also maintains a consistently active trial practice handling areas as diverse as business break-ups also known as business divorce, contract litigation, estate litigation, insurance defense, commercial collection claims, and plaintiff's personal injury.
Heath earned his B.A. in Political Science/History and M.P.A. from the University of North Carolina-Charlotte and his J.D. from the University of Akron School of Law.
Click here for more information about Heath.
Sarvani Jami is a Senior Systems Analyst at North Carolina Administrative Office of Courts (NCAOC) with expertise in Guide & File and File & ServeTM (eFiling) product areas of the larger eCourts ecosystem.
Before eCourts, Sarvani worked as a lead on NCAOC's Online Services and NC Bar attorney data integrations in addition to garnering several years of experience on legacy criminal web applications. Sarvani provides an overview of Registering and setting up accounts in File & ServeTM and provides a demo of filing documents using File & ServeTM.
Emily C. Jeske is a Partner at Bosquez Porter Family Law in Raleigh. She focuses her practice exclusively in the areas of family and domestic issues, with particular interest in high-conflict child custody, 50B and 50C cases, and child support.
Emily has been recognized for her work in family law in Best Lawyers in America: Ones to Watch; as a Rising Star by North Carolina Super Lawyers; and as a Legal Elite "Young Gun" by Business North Carolina. She is also the co-chair of the social committee for the family law section of the North Carolina Bar Association and a member of the Wake County Bar Association.
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.
Joseph A. Kyzer is Deputy Director at the North Carolina Administrative Office of Courts in Raleigh.
Joseph earned his Bachelors in Public Policy and Journalism from the University of North Carolina at Chapel Hill and his J.D., cum laude, from Campbell University Norman Adrian Wiggins School of Law.
Click here for more information about Joseph.
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 the firm's Labor and Employment Practice Group, X. 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. He has also conducted training presentations and webinars for employers on various COVID-19 employment topics such as workforce reduction, ADA compliance, emergency paid sick leave and expanded family and medical leave requirements under the FFCRA, best practices and strategies for employers to return workers to the workplace, and preparation of liability waivers.
In addition, X. 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.
X. earned his B.S in Business Accounting and Finance from East Carolina University and his J.D., cum laude, from North Carolina Central University School of Law.
Click here for more information about X.
Matthew S. "Matt" McGonagle is an attorney with Narron Wenzel PA in Smithfield. He focuses his practice on working with small businesses and their owners in solving problems concentrated in the areas of taxation, general corporate transactions, succession and estate planning, and estate administration and probate.
Matt enjoys helping clients start new businesses and answering questions focused on what type of entity the client should utilize to maximize liability and asset protection as well as income tax savings. Additionally, he helps clients navigate the buying or selling of businesses, including mergers and corporate reorganizations, as well as planning for the potential transfer of those assets to future generations through wills, trusts or outright gifts.
Matt also works with local non-profit and tax-exempt organizations, guiding them through the formation process, including preparing and submitting the Internal Revenue Service's application for tax-exempt status.
Matt completed his undergraduate studies at the University of Miami in Coral Gables, FL, receiving a Bachelors of Business Administration in Finance, with honors. He attended the University of Tulsa College of Law in Tulsa, OK, and after obtaining his law degree, proceeded to the University of Florida Levin College of Law, in Gainesville, FL, receiving an LL.M. in Taxation.
Click here for more information about Matt.
Nichole P. McLaughlin is a staff attorney with the North Carolina State Bar in Raleigh. As Assistant Ethics Counsel, she gives informal ethics advice to lawyers about their own future conduct via telephone or email, prepares formal ethics opinions and advises the Ethics Committee. She is also the Judicial District Bar Liaison, a role created to improve communication between the State Bar and judicial district bars.
Prior to joining the State Bar, Nichole was in private practice for five years with Donaldson & Black PA in Greensboro and handled asbestos workers' comp cases.
Originally from New Jersey, Nichole graduated from Drew University with a B.A. in English. She earned her J.D. from Seton Hall University School of Law.
Click here for more information about Nichole.
Philip J. "Phil" Mohr is a Partner at Womble Bond Dickinson (US) LLP in Greensboro as a trial lawyer. Although he searches for creative legal and business solutions for his clients, his more than two decades of trial experience for publicly-traded corporations, privately-held companies, and middle-market international businesses in federal courts and arbitration proceedings throughout the country has taught him that some cases simply have to be tried to verdict.
Representing companies that have both been wronged and accused of wrongdoing, Phil has honed his trial skills in cases involving complex business litigation (including fraudulent transfer and equitable subordination cases in the Delaware bankruptcy court), commercial torts (e.g., unfair trade practices, fraud, trade secrets theft, etc.), cybersecurity/data breach matters, and shareholder derivative suits. Phil also authors the North Carolina Business Court Report, a blog discussing how recent decisions from the North Carolina Business Court impact companies doing business in North Carolina.
Phil earned his B.A., magna cum laude, from the University of Notre Dame and his J.D., cum laude, from Notre Dame Law School.
Click here for more information about Phil.
Brad Pearce is a member of Pearce Law PLLC in Charlotte. He is an experienced bankruptcy and commercial litigation lawyer.
Brad is a Senior Fellow of the Litigation Counsel of America. He is an author for the American Bankruptcy Institute's VOLO service.
Brad earned his B.A., summa cum laude, in Economics from the University of Tennessee, Knoxville and his J.D., cum laude, from Harvard Law School.
Before going to law school, Brad was an officer in the United States Navy, serving three years on a nuclear fast attack submarine. During those three years, he earned his Dolphins, the Order of Magellan (for circumnavigating the globe), the Order of the Ditch (for transiting the Panama Canal), and became a Golden Dragon (for crossing the International Date Line on a warship), a Shellback (for crossing the equator on a warship), and a Blue Nose (for going north of the Arctic Circle).
Click here for more information about Brad.
Jan E. Pritchett is a managing partner/trial attorney at Schlosser & Pritchett in Greensboro. He is a former Assistant District Attorney who has been practicing law in North Carolina since 1995. He always fights hard to get justice for his clients — whether they are up against our complex, confusing, and opportunistic criminal justice system or battling giant corporations who have wronged them.
Over the course of his career, Jan has built a track record of successful outcomes for his clients and been recognized by countless professional legal organizations, including receiving multiple awards from Charlotte Magazine, Super Lawyers, The National Advocacy of DUI Defense, and others.
Jan takes his chosen profession very seriously and works to stay abreast of the latest changes in the laws by maintaining memberships in a variety of professional associations and serving on the North Carolina Bar Association Board of Governors. He is a Board-Certified Specialist in both State and Federal Criminal Law. Jan is also a member of the Greensboro Criminal Defense Association.
Jan earned his B.A., cum laude, from Winston-Salem State University and his J.D. from Southern University Law Center.
Click here for more information about Jan.
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.
Michael T. "Mike" Silver is the Training and Services Director at the North Carolina Administrative Office of Courts in Raleigh.
Mike earned his Bachelor of Education in Elementary Education and Teaching from North Carolina Agricultural and Technical State University, J.D. from North Carolina Central University School of Law and his Master of Public Administration from UNC School of Government.
Click here for more information about Mike.
Kristy S. Tarleton is with the North Carolina Administrative Office of Courts in Raleigh.
Laura J. Wetsch is a partner in the Raleigh firm of Winslow Wetsch PLLC. She is the author of A Practitioner's Guide to North Carolina Employment Law, and co-author of the North Carolina chapter in the ABA's Employment at Will: A State-By-State Survey.
Laura has previously served as the Chair of the NCBA Labor & Employment Law Section, and the Chair of the NCAJ Employment Law Section, and has been named to Best Lawyers in America, N.C. Super Lawyers, N.C. Super Lawyers' Top 50 Women Lawyers, and N.C. Legal Elite.
Laura was born in Fargo, ND, raised in Minot and Bismarck, ND, married a guy from Killdeer, ND, and graduated from the University of North Dakota School of Law in 1985 – in that order. After law school she was a federal law clerk and then practiced law in North Dakota until 1991 when she and her family moved to North Carolina (the other Great North State).
Click here for more information about Laura.
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