Annual Meeting CLE Seminar Agenda

41st Annual Meeting & Seminar
Westin Resort, Hilton Head island, SC
June 14-17, 2018

Preparation, Preparation, Preparation: What Sets Us Apart
Seminar Agenda

Friday, June 15

7:00 am  Law School Breakfasts & Seminar Continental Breakfast

8:00 -8:15 am  Seminar Welcome & Announcements

8:15 -9:15 am   Recent Decisions of Relevance 
Update on appellate cases of importance since Fall of 2017
Leslie Packer, Ellis & Winters, LLP

 9:15 -10:45 am Advance Witness Training: A Neurocognitive Approach 
This session will educate litigators about the nine areas in the life cycle of a case which prove vulnerable to neuro-psych techniques, and will provide useful strategic approaches to overturn sub-cortal manipulation in witness deposition testimony and witness trial testimony
Bill Kanasky, Jr., Ph.D., Vice President of Litigation Technology, Courtroom Sciences, Inc.

10:45-11:00 am Networking Break & Visit Exhibitors

11:00 -1:45 am  Effective Trial Preparation: Best Practices for Organizing Your Case

Successful trial outcomes start with advance planning and preparation.  Experienced litigators will share success strategies to prepare your case for trial from when to begin preparation to how to organize evidence developed from discovery for use at trial to assigning tasks to team members.

Jacqueline D. Grant, Roberts & Stevens, PA

Sara R. Lincoln, Lincoln Derr, PLLC

Panelist, TBA

11:45-12:45 pm  View from the Bench:  Do’s & Don’ts at the Court of Appeals

Tips from a North Carolina appellate judge on a wide variety of topics designed to improve the brief-writing and oral advocacy skills of practitioners with cases before the North Carolina Court of Appeals.

Hon. Mark A. Davis, Associate Judge, North Carolina Court of Appeals

Hon. Donna S. Stroud, Associate Judge, North Carolina Court of Appeals

5:00 - 6:30 pm Beer Bash

7:30 pm Dine-Around Hilton Head Island


Print Registration Brochure and Agenda

Print Advance Registration Form or register below!

7.0 CLE Credit Hours Including 1.0 Hours Ethics
(pending NCSB Course Approval)

Saturday, June 16

7:00 am   CLE Seminar Continental Breakfast

8:00-9:00 am   Annual Business Meeting & J. Robert Elster Award for Professional Excellence

9:00 -10:00 am  Leveraging Diversity in Litigation from Cradle to Grave
The minute a new case comes in the door, savvy litigators immediately begin to evaluate and assess the lawsuit on multiple levels, including diversity considerations.  This session will discuss how to incorporate those considerations into every stage of case preparation and demonstrate how doing so can enhance the quality of legal representation offered to our clients.
Kevin E. Clark, Lightfoot Franklin White LLC, Birmingham, AL 

10:00-10:15 am Networking Break & Visit Exhibitors

10:15-11:00 am    May It Please the Court: Arguing the Complex Motion
Preparation is key for convincing oral arguments on complex motions to the trial judge.  This session will discuss preparation and presentation strategies to frame your argument, address your weakest point with confidence, and know the facts of your case inside and out.
Hon. Adam M. Conrad, Judge, North Carolina Business Court
Jon A. Berkelhammer, Ellis & Winters, LLP
Phillip T. Jackson, Roberts & Stevens, PA

11:05 -11:50 am    Breakout Sessions Block 1

Construction:  Crosstown Traffic: The Intersection of Construction Defect, Products Liability, and Design Professional Claims.
The segment will focus on early identification of the components of CD claims, a comparative discussion of the applicable laws with CD, products liability, and design professional claims, and practical strategies for managing the various components of CD claims under NC law given the interplay between CD, products, and design.
David L. Levy, Hedrick Gardner Kincheloe & Garofalo, LLP
Jennifer D. Maldonado, Yates, McLamb & Weyher, LLP

Employment: The New Age of Electronic Monitoring: What’s New and What’s Next?Employer Interests, Privacy Considerations and Discovery in the Age of Biometrics, Sociometrics, and RFID Implants.  While novel today, such technology may become ubiquitous tomorrow.  As employers look to protect and promote legitimate business interests through these practices, they must ensure privacy rights and expectations. This program includes a primer on electronic monitoring techniques, reviews selected state and federal privacy and employment laws, and discusses future legal and business concerns surrounding these issues.
Allison A. Cohan, Williams Mullen

 Government:  Through the Looking Glass: Encountering the Difficult pro se Plaintiff as a Governmental Attorney
Sometimes pro se plaintiffs are reasonable people who may have a legitimate legal gripe about something bad that happened to them.  This presentation will not be about those individuals.  Often, the pro se plaintiff who is perhaps not-so-reasonable can and will accidentally present interesting procedural questions, prove elusive in motions practice and discovery, all while the likely only thing going on trial in the whole process is your patience.

The presentation will discuss common claims and tactics of pro se plaintiffs, suggestions for countering those tactics without seeming like a bully or-- on the other end of the spectrum-- allowing yourself to be bullied.  The conversation will attempt to give a light-hearted take when possible, while also recalling that every litigant should be treated with dignity and humanity.
Daniel E. Peterson, Parker Poe Adams & Bernstein, LLP

Product Liability: Topic TBA
Eric Guyer, PhD, PE, Exponent

11:55 - 12:40 pm  Breakout Sessions Block 2

Commercial:  Data Breach Response: Practical Tips for Reducing Litigation Risk
Another day and another company reports a breach of its consumer data.  Frequently, breach announcements lead to lawsuits.  This session will discuss how attorneys can help manage and reduce the risks associated with data-breach litigation before, during, and after a data breach occurs.
Sean Fernandes & Alex Pearce, Ellis & Winters, LLP

General: Attacking The Notice And Preparing For And Defending The Rule 30(b)(6) Deposition
This breakout will discuss the challenges posed by the Rule 30(b)(6) Deposition and discuss strategies for analyzing and responding to the notice, steps to take to limit the scope of topics and strategies for responding to document requests.  In addition, the breakout will address selecting and preparing the witness(es) and defending the deposition.
Jason Benton, Parker Poe Adams & Bernstein LLP
Christopher M. Kelly, Gallivan, White & Boyd, P.A.

Medical Malpractice:  Important Update on Litigating the Statutory Cap on Non-Economic Med Mal Damages
This session will provide an update on the statutory cap on non-economic damages in medical malpractice actions and related 2011 tort reform laws. The presentation will include:  • The importance of vigilance in litigating challenges to the non-economic damages cap; • A refresher on the damages cap and related 2011 tort reform laws; • Practice issues involving the damages cap and related tort reform laws.
Robert E. Harrington & Brian L. Church, Robinson Bradshaw & Hinson, PA

Workers’ Compensation: Intersection of Pain Management and Addiction in Workers’ Comp Claims
This session will discuss the use of medical marijuana in comp claims and provide an update of the NC Workers’ Compensation Opioid Task Force and its’ rule recommendations.
Speaker TBA


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