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John Grupp
ACC Charlotte President, 2022
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"On the other side of a storm is the strength that comes from having navigated through it."
-Gregory S. Williams
Greetings, ACC Charlotte Members! While it is not yet certain we are on the “other side” of the challenges, difficulties, and changes caused by COVID-19, there is certainly reason for optimism that we are emerging. The unprecedented circumstances over the past 2+ years have impacted all of us, both professionally and personally. They have also impacted how the Charlotte Chapter of the ACC operated –we unfortunately had to cancel several popular events like our Annual Gala and Casino Night, but we also overcame many obstacles by pivoting to virtual events and offering new, creative events and programming. Constant during these times, the commitment and dedication to the success of this Chapter demonstrated by our members, sponsors and leadership have allowed the Chapter to remain strong, and continue to serve as the premier resource for local in-house counsel programming and networking.
I am both honored and excited to serve as the Chapter President in 2022. We have another fantastic calendar of more than 50 events planned for this year, including firm CLEs, affinity events, pro bono/community service opportunities and social engagements. We also plan to conduct the Casino Night event on August 27, 2022. Please know we understand that each member’s willingness and comfort to resume in-person gatherings may not be the same. We are coordinating with our sponsors to continue to offer virtual events and to also start offering in-person events (as always, in compliance with applicable guidelines). Please be sure to check your email each Monday for the list of upcoming Chapter activities and how each will be conducted.
As we, along with our companies and communities, emerge from the disruptions caused by COVID-19, I do hope that each member will re-engage and re-invest in the Chapter. Please attend those events where your calendar permits. Please seek chances to re-connect with other members and our sponsors. Ultimately, this is your Chapter, and you play a critical role in the Chapter’s continued success.
I look forward to seeing you at one of our many events this year. Please do not hesitate to reach out to me with questions, to offer feedback on the Chapter or to simply connect. I hope everyone has a productive and successful 2022!
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ACC CHARLOTTE MEMBER NEWS | |
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Welcome ACC Charlotte New Members!
December 2021 - February 2022
Elliott Deaderick, IP Counsel, TTI Floor Care North America, Inc.
Sarah Hill, Director, Legal, KFC Corporation
Danielle Holroyd, Assosciate Corporate Counsel, Credit Karma, LLC
Jennifer Johnson, VP, Associate General Counsel, TIAA
Morgan Kauffman, Senior Corporate Counsel, Trane Technologies
Amber Koger, Senior Transaction Counsel, Inmar, Inc.
Amanda Krueger, Division Counsel, Corning Incorporated
Nichele Marks, Corporate Counsel, TBS Factoring Service, LLC
Sara Miller, Corporate Counsel, Electric Power Research Institute
Jocelyn Norman, Corporate Counsel, Brighthouse Financial
Thomas Olik, Associate Corporate Counsel, Credit Karma, LLC
Jeffrey Poulsen, Counsel, Wells Fargo Law Department
Shircola Powell, Counsel, Wells Fargo Law Department
Paul Sacksteder, Staff Attorney, Atrium Health
Melissa Schmidt, Head of Legal, Americas, Stallergenes Greer
Marisa Spicer, Assistant General Counsel & Vice President, Bank of America Corporation
Douglas Szabo, Counsel, Real Estate, Lowe's Companies, Inc.
Mikhael Vitenson, Assistant General Counsel, Trane Technologies
Jake Wang, VP, Associate General Counsel, TIAA
Chelsea Weiermiller, Assistant Vice President, Barclays Bank PLC
Sarah Wright, Corporate Counsel, Trane Technologies
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Michael Shor
December 1, 1950 - December 16, 2021
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Michael Shor relocated to Charlotte in 2003 and said he was “looking for some great networking opportunities” when he attended an early ACC event and believed a local chapter could be organized in Charlotte. Michael soon joined forces with Luther Moore (our first treasurer and current long-time member) to find some old ACC mailing lists and called upon old and new members to join them at the City Club for events. After promising turnouts, ACC National formed two chapters in the state and ACC Charlotte began in 2004 with Michael serving as our first Chapter President. In 2006, he passed the baton to Peter Barr (another current long-time member) and remained active serving on our Board of Directors until he went into private practice. To everyone who knew him, he had a big personality and loved talking to anyone, having lunch and remaining in contact with friends. He was a true cheerleader and champion for our continued success and will be deeply missed by all of us who had the pleasure of knowing him.
To view Michael's obituary, click here.
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FEATURED PLATINUM SPONSOR | |
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Parker Poe represents many of the region’s largest companies and local governments in corporate, finance, regulatory, real estate and litigation matters. Parker Poe has approximately 250 attorneys serving clients from eight offices in North Carolina, South Carolina, Georgia and Washington, D.C. Our lawyers are rated among the highest quality attorneys across their respective states with recognition by The Best Lawyers in America lists nearly 90 of our attorneys in its rankings, and we are also well-recognized by U.S. News & World Report, Chambers USA, and other ratings publications. Click here to learn about what makes working with Parker Poe different.
Parker Poe recognizes that promoting diversity is not only the right thing to do – it is essential to the success of our firm, lawyers, employees, and clients. When people from various backgrounds feel welcome and respected, it leads to creative ideas and new perspectives, thus enriching the practice of law. Click here to view Parker Poe’s 2021 Diversity & Inclusion Mission and initiatives to give everyone a voice at the table.
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Surviving the Great Resignation:
Key Considerations for In-House Counsel
Tory Summey
Partner, Parker Poe
A phenomenon hit employers across the American economy in 2021: unprecedented levels of employee resignations. During the so-called “Big Quit,” over 4 million employees have been quitting their jobs each month. With 10.9 million current job openings and a 3.8% unemployment rate, retaining and replacing talent is suddenly a significant challenge.
We have identified three key issues emerging from this trend and new strategies adopted by employers to attract and retain workers.
Flexible Working Arrangements
After adapting to remote work by necessity during the COVID-19 pandemic, many employees now place value on having flexible or hybrid working arrangements. We have seen numerous companies adopt flexible and hybrid arrangements as a permanent part of their workplace. Such arrangements have legal ramifications. Employers should emphasize and enforce precise timekeeping by nonexempt remote workers to avoid potential claims of failure to pay overtime and “off the clock” work under the Fair Labor Standards Act. Remote workers located out of state could create a taxable nexus in a different state for the employer. Finally, even those employers who do not allow remote work must still consider whether telework may be a reasonable accommodation for employees with disabilities.
Vaccination Policies
Employer vaccine mandates have been controversial for employees, with many strongly in favor and opposed. With the exception of employers covered by a federal or state vaccine requirement (like the Centers for Medicare and Medicaid Services regulation), each company has the flexibility to adopt a policy that is best suited for its workplace. Given the loosening of COVID-19-related restrictions at both the federal and state level, many employers have decided to relax their vaccination policies. Transitioning to a voluntary vaccination policy removes the administrative burden of evaluating exemption requests and alienating employees and candidates.
Employee Raiding
The current labor market presents a prime opportunity for companies to recruit talent from their competitors. Hiring companies should be careful to confirm whether job candidates are bound by restrictive covenants with their previous employers and ensure new hires do not bring confidential information from their former employer. Otherwise, employers may face costly claims for tortious interference or misappropriation of trade secrets from their competitors. One of the easiest strategies to protect against this risk is to have new employees sign an acknowledgment certifying that they have disclosed all restrictive covenants and will abide thereby. Likewise, when employees resign, companies should ensure that they return company property and information promptly and are reminded of any restrictive covenants to which they are bound.
Employers also might consider protecting key relationships and confidential information by having key employees sign restrictive covenants. The law regarding the validity of a restrictive covenant varies considerably between states and over time, so in-house counsel should ensure that such agreements are up-to-date and comply with the law of any relevant state.
For more on how employers can manage the changing workplace, click here a replay on Best Practices for Hiring & Performance Management During the "Great Resignation."
Tory Summey is a partner in Parker Poe’s Employment Practice Group providing employment counseling and litigation. On the counseling front, he helps employers navigate complex and ever-changing federal and state laws and regulations, including those related to the coronavirus pandemic.
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Thank you to our members that have continued to attend our virtual events. We look forward to easing back to in person events. We appreciate you all bearing with us during this time!
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Retail Affinity Group Event:
Not Such a Goodfella - Assessing and Addressing Risks Presented by Organized Crime
Sponsored by McGuireWoods - 3/10/22
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Sophisticated criminal enterprises are constantly evolving the schemes by which they steal from and defraud commercial businesses, particularly retailers. To combat these threats, these businesses must remain equally nimble in adapting their assessment, prevention, and enforcement procedures. McGuireWoods Partners Kevin Lally and Jason Cowley, who each recently led sections combatting organized crime for the Department of Justice in New York and Los Angeles, discussed emerging trends in this area, best practices for limiting the threats posed by organized crime, and useful strategies for addressing instances when a business is victimized.
Thank you to McGuireWoods for sponsoring this event.
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Pro Bono Event: Driver's License Restoration Project
Sponsored by Kilpatrick Townsend - 3/24/22
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The Driver's License Restoration Project provides relief to people with license suspensions through District Attorney-led remittance of court fines and fees. There is a significant need for pro bono attorney volunteers willing to draft advice letters to people who have received relief through this program. Attendees learned to read driving records and identify the cause(s) of the client's license suspension, and then create advice letters using a provided template.
Thank you to Kilpatrick Townsend for sponsoring this event.
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From Infrastructure to Building Back Better: How Recent Activity on Capitol Hill Impacts Your Company
Sponsored by Parker Poe - 1/27/22
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Parker Poe lobbyist Bruce Thompson gave attendees a break down of what in-house counsel want to know to help their companies navigate the federal infrastructure bill and domestic spending plans. He discussed the timing and impact of the appropriations and policy contained in the bi-partisan infrastructure bill, gave an update on the Build Back Better spending plan and shared a preview of what actions President Biden and Congress may take in 2022
Thank you to Parker Poe for sponsoring this event.
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Corruption in the Courthouse: Chapter 11 Under Fire
Sponsored by Shumaker - 2/10/22
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This presentation reviewed the Purdue Pharma (Opioid) Chapter 11 case, the Johnson & Johnson “Texas Two-Step and the recent Congressional Testimony about intense “judge shopping” noting that 57% of the large Chapter 11 cases have been assigned to only 3 US Bankruptcy Judges, one in the SDNY and two in Texas. Recent legislation for venue reform and the “retirement” of Judge Drain in the SDNY (presided over Purdue Pharma) was also shared, including perspective on how manipulated Chapter 11 cases impacts creditors who provide goods or services to customers/debtors.
Thank you to Shumaker for sponsoring this webinar.
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Should Companies Be Concerned about the New Guidance from the DOJ for Prosecuting Corporate Crime?
Sponsored by Winston & Strawn - 2/15/22
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The United States Department of Justice (DOJ) recently made it clear: fighting corporate crime is one of the Biden Administration’s top priorities. The DOJ recently announced policy changes and new initiatives that substantially raise the stakes for corporations, particularly those in heavily regulated industries that inherently face a greater likelihood of enforcement action. These new policies are clearly a signal the DOJ is taking a “get tough” approach to corporate crime and they want to spur companies to redouble their focus on effective compliance programs. This one-hour program examined the new DOJ policies and issues such as what companies should consider when they are deciding whether, or how, to cooperate with the government and negotiate settlements.
Thank you to Winston & Strawn for sponsoring this webinar.
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Employers Could Feel the ‘Sting’ of COVID Vaccine Mandates
Sponsored by Poyner Spruill - 2/17/22
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This presentation explored the implications of the recent Supreme Court ruling to block OSHA’s vaccine mandate from being enforced indefinitely. Presenters shared details about employer responsibility, risk management, and what these mandates mean for employers who may be planning to require vaccines or testing without being able to rely on the OSHA mandate as a guidepost for enforcement.
Thank you to Poyner Spruill for sponsoring this webinar.
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Managing Compliance When Using AI and Machine Learning in Your Company
Sponsored by Moore & Van Allen - 2/24/22
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"This panel gave a dynamic and helpful view of AI, which is a complex and rapidly changing area of law. It was a very informative CLE." - Elizabeth Collins, Arch Capital | |
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Artificial Intelligence is an increasingly common tool for effective and efficient business operations. Whether for operations, marketing, personnel management, supply chain management, or regulatory compliance, AI-powered tools have quickly become ubiquitous. But, as with any other cutting-edge technology, AI brings a risk of liability if not managed correctly. This CLE helped attendees identify risks that may emerge as they establish processes and internal controls to ensure proper development and management of AI models, help manage third party vendor relationships, and address emergent issues identified after AI systems are deployed, all with the goal of reducing risk and liability for your company. Presenters also drew on current law and regulatory guidance, and explored some of the proposed regulations on the horizon.
Thank you to Moore & Van Allen for sponsoring this webinar.
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Can You Keep a Secret? Protecting Company Trade Secrets from a Wandering Workforce
Sponsored by Littler - 3/8/22
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The shift from workplace to remote workforce creates not only a myriad of employment law issues but complex legal challenges related to the protection of company trade secrets. This presentation highlighted potential trouble spots employers should look for and provided guidance on how to safeguard trade secrets with large numbers of employees working remotely.
Thank you to Littler for sponsoring this webinar.
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Diversity, Equity and Inclusion in Recruiting and Hiring:
Practices, Pitfalls and Opportunities
Sponsored by Ogletree Deakins - 3/15/22
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"I thought Sarah Platt from Ogletree offered several very practical examples of mistakes that can easily occur when employees are trying to do the right thing, and how to prevent or correct those mistakes, and still accomplish the same goals." - John Buckley | |
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Diversity, Equity and Inclusion (“DE&I”) has been an area of particular emphasis for many companies in the last several years. While many companies have aspirational goals in the DE&I space, this presentation focused on answering how you can put those aspirations into action in a legally compliant way. In particular, the session focused on the primary court decisions relevant to DE&I programs and the current state of the law in this area; the legal guardrails for DE&I programs; and best practices for maintaining a legally compliant and successful DE&I program in recruiting and hiring employees, including best practices for sourcing talent; and best practices for the interview process.
Thank you to Ogletree Deakins for sponsoring this webinar.
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Thank you to our 2022 Law Firm Sponsors!
Platinum
Bradley
Parker Poe
Gold
McGuireWoods
Ogletree Deakins
Shumaker Loop & Kendrick
Silver
Fox Rothschild
Jackson Lewis
Littler
Moore & Van Allen
Womble Bond Dickinson (US) LLP
Robinson Bradshaw
Bronze
Alston & Bird
Kilpatrick Townsend
Poyner Spruill
Troutman Pepper
Winston & Strawn
Introductory
Cadwalader Wickersham & Taft
Ford Harrison
Lewis Brisbois
Seyfarth Shaw
Williams Mullen
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Did you miss an event?
Past presentation materials are available on our website to members only.
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The contents of this newsletter are intended to convey general information only and not to provide legal advice or opinions. The contents of this newsletter should not be relied upon for legal or tax advice in any particular circumstance or fact situation. The information presented may not reflect the most current legal developments. No action should be taken in reliance on the information and we disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this site to the fullest extent permitted by law. An attorney should be contacted for advice on specific legal issues.
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