November 2016 Newsletter
Shannon Sprinkle Named 
Firm Managing Partner
 
Shannon Sprinkle has been named Carlock, Copeland & Stair's Firm Managing Partner.  David Root, Carlock Copeland's immediate past Managing Partner commented, "Shannon is one of many talented younger lawyers in our firm who are stepping up to provide leadership for us as we continue moving forward."

Shannon previously served as General Counsel and Co-Chair of the Commercial Litigation Practice Group. In addition to firm leadership, Shannon will continue her practice as a Partner in the Commercial Litigation Practice Group.

Commercial Litigation Practice Group Chair Joe Kingma noted "Shannon has excelled defending lawyers and accountants and also earned the trust of all our partners in her performance as General Counsel. Freeing Shannon from General Counsel and Practice Group responsibilities enables her to lead the firm and still continue to provide A+ service to her clients.  We are all excited to have Shannon leading us towards the firm's sixth decade."
 
Shannon's commercial litigation practice centers on professional malpractice, finance, real estate and business related claims. Shannon also frequently acts as outside general counsel to companies and professional service firms providing risk management advice and other consultations. Shannon was a 2016 honoree on The Daily Report's list of lawyers "On the Rise" and has been named on the Georgia Rising Stars list for many consecutive years.
 
Carlock Copeland firm leadership includes:

Executive Committee members: (
Joe Kingma, Firm General Counsel and Chair of the Commercial Litigation Practice Group
David Root, Chair of the Employment Practice Group
Paul Sperry, Chair of the Construction Practice Group and Managing Partner of the Charleston Office
Fred Valz, Chair of General Liability Practice Group
Bill Jones, Partner in Design Professional Practice Group 
Brian Gedeon, Executive Director

Other firm leadership roles announced on November 1 include:
Billy Newcomb, Risk Management Counsel and Assistant General Counsel
Lynn Olmert, Hiring Partner and Co-Chair of the Workers' Compensation Practice Group .
Madison Suttie Authors Column for DRI: Women in the Law Newsletter 
 
Madison Suttie authors a recurring column for Women in the Law, a subcommittee of DRI, for their bi-annual newsletter: Sharing Success. Madison's column Women Rainmaker Q&A spotlights prominent women in the legal industry to highlight their accomplishments and discuss issues unique to women as they develop their legal career.

Click here to read Madison's column or learn more about DRI and the Women in the Law subcommittee.
Carlock Copeland Named to U.S. News and Best Lawyers® 2017 Edition

On November 1, U.S. News and Best Lawyers® named Carlock, Copeland & Stair to its National, Atlanta Metropolitan 2017 "Best Law Firms" and Charleston Metropolitan 2017 "Best Law Firm" Rankings.

 

The Firm ranks in Tier 1, in the Atlanta Metropolitan Rankings for

* Construction Law
* Legal Malpractice Law - Defendants
* Litigation - Construction
* Medical Malpractice Law - Defendants
* Personal Injury Litigation - Defendants

 

and in the Atlanta Metropolitan Rankings, Tier 2 for Commercial Litigation and Insurance Law.

 

Carlock Copeland is listed in the National Rankings in Tier 2 for Construction Law and Litigation - Construction.

 

The Firm ranks in the Charleston Metropolitan Rankings in Tier 1 for

* Insurance Law

* Legal Malpractice Law - Defendants
* Litigation - Construction
* Medical Malpractice Law - Defendants
* Personal Injury Litigation - Defendants

 

and in the Charleston Metropolitan Rankings, Tier 2 for Construction Law and Professional Malpractice Law - Defendants.

 

Related Links:

Links to Best Law Firm Rankings:
http://bestlawfirms.usnews.com/profile/carlock-copeland-stair-llp/rankings/2298
2 National Awards and 14 Metropolitan Awards:
http://bestlawfirms.usnews.com/search.aspx?firm_name=carlock+copeland
Best Lawyers:
http://carlockcopeland.com/publications/seven-named-best-lawyers-america-2017-press-release/



Carlock Copeland Welcomes New Attorneys to our Atlanta and Charleston offices

Carlock, Copeland & Stair, LLP welcomes Clinton T. MagillThomas R. Cook IV, and Brett Giordano to the firm.

Upcoming Events
  
Angela Kopet will participate in a presentation To Apologize or Not to Apologize, That is the Question at the CLM Conference at the Millennium Broadway Hotel in New York on December 1.   Click here for the Press Release.
   
Kimberly Reeves and Michael Manfredi to present Is There an App for Liability? The Practice of Law in a Shared Economy from 9:00 a.m. to 11:00 a.m. on Friday, Dec. 9 at the Marjorie and Ralph Knowles Conference Center, 85 Park Place NE, Atlanta, GA 30303.

There seems to be an ever-increasing number of companies entering the shared economy-from Uber to Airbnb to Roadie, these companies are rapidly restructuring how we operate as consumers. Much of the shared economy business model remains an under-regulated Wild West that presents liability landmines in a number of ways. Our panelists will discuss recent cases and emerging issues that examine the tension inherent in regulating the sharing economy including insurance, taxes, and consumer rights. Beyond that, there are ethical issues that lawyers encounter both in advising these clients and participating in the shared economy.

* Moderator: Associate Dean Jessica Gabel Cino, Georgia State Law
* Speakers: Kimberly Reeves (J.D. '13), Associate at Carlock Copeland; Michael Manfredi (J.D. '10), Associate at Carlock Copeland;

* 2 CLE credits will be available (1 hour of ethics plus one more to be determined)

Recent Events

Kent Stair and  Bill Jones  presented How to Avoid, Manage and Resolve Claims Against Design Professionals at Carlock Copeland's Annual Seminar for Design Professionals. Kent and Bill led panel discussions regarding claims against design professionals. These dynamic presentations included advice on the best practices to avoid claims, how to handle claims when they cannot be avoided, and the various ways to resolve claims. This event was held at the Cobb Energy Centre on November 17.

Gary Lovell , Lee Weatherly and Mike Ethridge presented at the South Carolina Defense Trial Attorneys Association Annual Meeting on November 10 - 13, 2016 at the Ritz Carlton Reynolds in  Greensboro, Georgia.  Sarah Wetmore  was on the planning committee for this meeting. Several Carlock Copeland & Stair, LLP partners presented and were in attendance. The meeting was attended by defense attorneys and judges from around South Carolina.

Mike Ethridge presented Ethics/Mental Wellness: Living Above the Bar. Lee Weatherly presented Preparing a Client to Testify - Taking Your Game to the Next Level. Gary Lovell presented Medical Malpractice Tort Reform: Where Are We Now and Where Are We Going? Gary's presentation centered around the current state of the notice of intent to file suit proceedings, the obstetrical and emergency medicine exception to standard of care, and non-economic damage caps.

Joe Kingma and  Andy Countryman attended the PLUS International Conference from November 9-11 in Chicago, IL. Click here for Take Aways from the conference.
  
Tyler Wetzel participated in ICLE's Real Property Law Foreclosure Program at the State Bar of Georgia in Atlanta on November 4.  Tyler Wetzel presented, Judicial Trends And Concerns In The Professional Responsibility Context.

Eric Frisch and Michael DiOrio attended the 32nd Annual Medical Malpractice Liability Seminar held from November 3-5 at the Ritz Carlton, Amelia Island, FL.

Please contact Patricia F. O'Toole at potoole@carlockcopeland.com for more information on any past or upcoming events.

 
Dismissal in Hard Fought Medical Malpractice Case
 
Lee Weatherly and Kristen Thompson fought for their surgeon client for over seven years and, on October 21, 2016, were finally able to force the Plaintiff to dismiss her final remaining claim that the surgeon failed to provide her sufficient informed consent before a breast biopsy that resulted in a punctured lung. The long history of this case first centered around the 2005 Tort Reform Legislation.

Court of Appeals Vacates Award of Attorney Fees

Joe Kingma and Tyler Wetzel represented a law firm which served as trial counsel in a dispute over the dissolution of a real estate partnership.  The trial court awarded attorneys' fees as a sanction, and Joe and Ty appealed the award and attacked its evidentiary support through the Court of Appeals' discretionary application procedure.  The Court of Appeals granted the application and eventually agreed there was insufficient evidence by vacating the award and remanding the case.

Defense Obtained a Dismissal of All Claims

Sarah Wetmore and Matt Hemingway successfully briefed, argued and obtained a dismissal of all claims against their client in a case where the Plaintiffs may have been statutorily entitled to treble damages. The Court dismissed the lawsuit as improper under Rule 14(a), SCRCP and also held that the Plaintiffs had failed to file their Complaint(s) against the client within the applicable Statute of Limitations.
Evan Beauchamp Participated in the Legal Runaround 5K Race - Atlanta Bar Workers' Compensation Section

The Atlanta Bar Workers' Compensation Section helped to sponsor the Legal Runaround 5K Race to provide scholarships to children of police officers killed or disabled in the line of duty.  Several section members participated in the run.  Section member, Evan Beauchamp, Associate at Carlock, Copeland & Stair, LLP, won first place, overall.

Editorial Staff

Jennifer Guerra, Associate
If you have questions or comments, contact:  jguerra@carlockcopeland.com  
The CCS  Quarterly Newsletter is a periodic publication of  Carlock, Copeland & Stair, LLP, and should not  be construed as legal advice or legal opinion  on any specific facts or circumstances. The  contents are intended for general information  purposes only, and you are urged to consult  counsel concerning your own situation and any  specific legal questions you have.

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Click Below for Blog Postings
 

Since 2008, litigation has been ongoing between G.M. Sign, Inc. and Brink's Manufacturing Co. over allegations that Brink's violated the Telephone Consumer Protection Act by sending out unsolicited faxes without any ability by the recipient to opt out of receiving... Continue reading → The post 11th Circuit To Hear Dispute Over Notice Requirements After Dismissal Without Prejudice appeared first on Insurance Coverage Corner. ...»

 

Galaria v. Nationwide Mutual Ins. Co., U.S. Court of Appeals, 6th Cir. (September 12, 2015) This case arises out of an October 3, 2012 hack into Nationwide Mutual Insurance Company's computer network, which exposed the personal information of the putative... Continue reading → The post Sixth Circuit Lowers the Bar for Standing in Data Breach Suits appeared first on Carlock Copeland Cyber Liability. ...»

 

Determining whether your company is subject to liability for a defect in the chemical composition of a drug, or for a failure to adequately warn of dangers associated with the drug, can be a frustrating task.  Earlier this month, a... Continue reading → The post Federal Preemption: Determining Whether Federal Law Prevents Pharmaceutical Companies From Being Sued appeared first on Carlock Copeland Life Sciences. ...»

 Health Law and Regulation Update Blog  

 

On October 22, 2016, the FTC issued new guidance to all those subject to the HIPAA Privacy Rule, including "downstream" business associates. "Once you've drafted a HIPAA authorization, you can't forget the FTC Act," which prohibits deceptive or unfair acts... Continue reading → The post FTC Issues New Guidance on HIPAA and FTC Act appeared first on Health Law and Regulation Update. ...»

 

The Georgia Supreme Court reversed the Court of Appeals' decision in the case of Yugueros v. Robles and remanded for review of whether a corporate representative was qualified to give standard of care testimony in a medical malpractice case. In... Continue reading → The post Georgia Supreme Court Reverses on 30b6 Testimony appeared first on Health Law and Regulation Update. ...»

 

In the case of Hospital Specialists of Georgia, Inc. v. Gray, October 27, 2016, the Georgia Court of Appeals held that the trial court properly denied summary judgment to a practice group based on "substitution" of a second doctor after... Continue reading → The post Georgia Court of Appeals Substitutes One Doctor for Another in Malpractice Suit appeared first on Health Law and Regulation Update. ...»