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PRESIDENT'S MESSAGE

Lisa LaVigne

Senior Counsel, CVS Health

Welcome to the first ACC Charlotte newsletter of 2024. It's spring! The sun is shining, the birds are singing, and ACC Charlotte is in full swing! I am thrilled to be your president for 2024. In our first quarter, I have been so excited to see so many old friends and to meet several new ones at our events. This is my tenth year in Charlotte and I love exploring our city through the fantastic array of ACC offerings at exciting venues. Our year is already off to a roaring start with phenomenal monthly chapter meetings and lots of firm presentations and social events.   

Jane, Kathleen, the ACC board, and the ACC committees have been hard at work with our sponsors planning an exciting year. We have fantastic CLE topics to keep you informed on current events impacting in-house practice, fabulous social events to keep you connected with each other, and the ability to give back to your community through charitable opportunities. I am especially excited about our Casino Night this year which will be at Quail Hollow Club on Saturday, August 17, 2024. Mark your calendars and prepare your outfit as we will continue the Great Gatsby theme this year! 

With so many exciting offerings, ACC Charlotte has something for each of our members. Speaking of members, we currently have over 760 members and counting! If you know in-house attorneys who are not currently in our chapter, please introduce them to our ACC chapter and all it has to offer. It has been one of my favorite parts of living in Charlotte. It has helped me to get to know exciting parts of the city and given me friendships that have become so important in my life. I encourage each of you to get involved and make the most of your membership. This is truly OUR chapter and each of you is what makes it special. Events are already filling up fast so keep an eye out for the monthly newsletter and sign up quickly to make sure you get a spot! 

I look forward to the BEST YEAR YET for OUR ACC Charlotte Chapter and I can’t wait to see each of you soon! 



Welcome ACC Charlotte New Members!

January 2024 - Present

Luis Avila, Senior Vice President, Lowe's Companies, Inc.

Stephanie Barickman, Counsel, Wells Fargo Law Department

Mark Bentley, Contract Manager, Legal, RXO, Inc.

Bonnie Braum, Corporate Counsel, Brighthouse Financial

Seth Bullock, In-House Counsel and Risk Management Coordinator, American Forest Management

Emily Culler, Associate General Counsel, Bank of America Corporation

Tanya Dedo, AGC, Labor & Employment, Cornerstone Building Brands, Inc.

Bill Doyle, Assistant General Counsel, Barings

Matthew Drucker, Assistant General Counsel, Barings

Darryl Gibbs, Attorney, Equitable Financial Life Insurance Company

Jaren Hardy, Contract Manager, Legal, RXO, Inc.

Kristin Howe, Corporate Counsel, Indicor, LLC

Benjamin Huber, Lead Counsel, Assurant, Inc.

Shelby Hudspith, Corporate Counsel, KnowBe4, Inc.

Erica Irvin, Senior Vice President, Lowe's Companies, Inc.

Meredith Jones, Associate General Counsel, Bank of America Corporation

Amy Kendall, Chief Legal Officer, OrthoCarolina

Judy Laliberte, Attorney, Equitable Financial Life Insurance Company

Jon LeCompte, Director and Assistant General Counsel, Novant

Jeremy Liebman, Vice President, Associate General Counsel, Krispy Kreme Doughnut Corporation

Rett Liles, Legal Counsel, Retail Business Services, LLC

Bridgette Murphy, Senior Counsel, Albemarle Corporation

Carl Myers, Senior IP Counsel , Stanley Black & Decker

Betsy Oliphant, SVP & Managing Counsel, State Street Corporation

Lizza Pinch, Associate Attorney, Pentec Health

Rebekah Richards, Assistant General Counsel, Albemarle Corporation

Caroline Synakowski, Legal Operations Manager, Cargomatic

Lauren Timmons, Lead Trademark Counsel, Chime Financial, Inc.

Jacob Wilson, CLO, Cirba Solutions 

Brian Zaldivar, Associate General Counsel, Elevate Textiles, Inc.



What Does 2024 Hold for Artificial Intelligence and Cybersecurity?

Law.com took a poll recently of industry leaders about the trends and developments to watch out for in 2024 in artificial intelligence (AI), data privacy, cybersecurity, and more. Parker Poe Cybersecurity & Data Privacy Team Leader Sarah Hutchins offered these insights:  

Where do you think AI will take us in 2024? How will lawyers and support staff use AI in 2024 that we’re not using it for now?

2023 was a year that many woke up to the possibilities of AI usage and 2024 may be a pivotal year on how widely it is embraced by lawyers and support staff. One trend that is likely to continue into 2024 is serious security breaches, both as bad actors use AI to become more precise in their attacks and also through taking advantage of increasing reliance by companies on third-party software services offering AI.

Are we approaching AI overload? Have those who are going to adopt it already done so? 

As AI marches forward, so too does a patchwork of AI regulation. Teams will need to monitor these regulatory updates to ensure compliance of their own AI practices. Companies will continue to find new and innovative ways to integrate AI into their business models. As this trend accelerates, it’s important these companies develop compliance policies and direct the appropriate employees on use parameters while accounting for the accuracy and security of their data. As more legal departments use AI, a reevaluation of bar guidance on ethics is likely necessary.

In the fall of 2023, President Biden signed an executive order on AI that has some thresholds and reporting requirements to be met. What impact will that EO have in 2024?

President Biden’s executive order establishes an initial framework for regulating and governing the development and deployment of AI tools. In 2024, companies developing any foundation AI model that “poses a serious risk to national security, national economic security, or national public health and safety” must notify the federal government, according to the White House. That notification will include when companies are training the model. Companies in industries like software development, housing, health care, and education should begin carefully assessing how AI is used in their business given these additional requirements from various regulatory agencies. These reviews, for example, should scrutinize the overall system for vulnerabilities.

We’ve also seen federal agencies such as the FTC get involved in data breach reporting. What impact will those regulations have in 2024?

Companies will need to consider their breach reporting requirements even earlier and as part of their initial response to a breach. Some regulated entities have already been dealing with immediate regulatory notification requirements, but recent law changes have expanded impacted companies. It is increasingly important to prepare for a security breach ahead of time with the establishment and practicing of your incident response plan. 

Click here to continue reading analysis from Sarah Hutchins and others in the Law.com article. 

Sarah Hutchins is a partner with Parker Poe. Sarah counsels multi-national corporations on compliance with federal and state data privacy and security regulations, advises on the cross-border transfer of personal data, coordinates data breach responses with governmental and quasi-governmental entities, and guides clients through the intersection of data privacy and artificial intelligence (AI). She is recognized by the IAPP as a Certified Information Privacy Professional/United States (CIPP/US). Contact Sarah at sarahhutchins@parkerpoe.com and subscribe to her latest cybersecurity and data privacy alerts here.



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New to In-House Event: Speak & Bespoke Mix & Learn

Sponsored by Parker Poe - 3/19/24

ACC Charlotte members and Parker Poe attorneys gathered for a New to In-House (NIH) Affinity Group event where they shared insights on how to build a network and more with legal professionals (both seasoned and less than five years in-house) in small group conversations over sips and snacks at The Culinary Dropout in South End. 

All ACC Charlotte members are welcome to join the New to In-house (NIH) Affinity Group, which was newly formed in 2020 to facilitate formal and informal mentoring for in-house attorneys. Seasoned in-house attorneys (5+ years in-house experience) and attorneys that are new to in-house roles (less than 5 years’ experience in-house) are encouraged to gather to get to know one another, develop mentoring relationships and build a strong foundation to support development of in-house attorneys. For more information, email charlotte@accglobal.com.



Thank you to Parker Poe for sponsoring this New to In-House Affinity Group event.

Manufacturing Affinity Event | From Law Office to Landscapes:

An Evening with Lesley Powell Art

Sponsored by Shumaker - 3/22/24

ACC Charlotte members learned there is life after law from Lesley Powell, an attorney turned artist. Lesley shared insights on what inspired her to begin her life as an artist after practicing law for many years. The group also enjoyed delicious hors d'ouevres at Roosters in South Park.



Thank you to Shumaker for sponsoring this Manufacturing Affinity Group event.

Manicures and Martinis

Sponsored by Bradley - 3/26/24

The women of ACC Charlotte and Bradley gathered for an event at Polished Nail Bar in Myers Park to enjoy a manicure service of their choice while mingling. Attendees also enjoyed ice-cold martinis, hors d’oeuvres, and wine.

Thank you to Bradley for sponsoring this women's event.



The Top 10 Topics in Benefits in 2024

Sponsored by Robinson Bradshaw - 1/10/24

Speakers:

Heather Ryan, Robinson Bradshaw

Elizabeth Smith, Robinson Bradshaw

With SECURE 2.0 effective dates quickly approaching and new trends developing in ERISA litigation and DOL cybersecurity audits, we’re entering 2024 amidst a tornado of benefits issues. Robinson Bradshaw attorneys Heather Ryan and Elizabeth Smith will break down the top legal topics in benefits so you are prepared to handle any storm that comes your way.

Thank you to Robinson Bradshaw for sponsoring this CLE.

WEBINAR | Mastering Non-Compete Agreements:

Legal Essentials and Emerging Trends

Sponsored by Poyner Spruill - 1/23/24

Speaker:

J.M. Durnovich, Partner, Poyner Spruill

Rohun Shah, Associate, Poyner Spruill

This webinar delved into the complexities of non-compete agreements. Presenters explored the fundamental considerations when crafting enforceable non-compete agreements, shared valuable insights into recent case law and trends shaping non-compete disputes, and examined how recent regulatory changes could impact the enforceability and scope of non-compete clauses.

Thank you to Poyner Spruill for sponsoring this CLE webinar.

Commercial Contract Recoveries Road Map:

Navigating Contract Parties’ Remedies

Sponsored by Shumaker - 2/7/24

Moderator:

David Conaway, Shumaker

Panelists:

Ronald Bruckmann, Shumaker

Lucas Garber, Shumaker

Burgin Hardin, National Gypsum

From contract inception to breach to litigation, businesses need to manage risk and preserve rights and remedies in the event of a dispute. In evaluating risk of loss, or whether litigation is an appropriate strategy, it is imperative to understand rights and remedies under applicable law, as well as the ability to contractually shift or limit them. This presentation provided comprehensive guidance on the rights, remedies and damages under applicable law including the Uniform Commercial Code (UCC), and when consequential damages, incidental damages, liquidated damages, lost profits, and equitable remedies are available and can be limited or shifted. The panel also discussed the impact of default penalties and attorneys’ fees provisions.

Thank you to Shumaker for sponsoring this CLE. 

WEBINAR | APIs and Data Sharing

Sponsored by Moore & Van Allen - 2/15/24

Speaker:

Suzanne Gainey, Co-head of Privacy & Data Security, Moore & Van Allen

Application programming interfaces (APIs) are being used more and more to share data between entities. But, the contracts that govern this kind of data sharing can be full of pitfalls, including overly broad security obligations, inapplicable limitations on the use of data, and over-reaching ownership provisions. In this CLE, Suzanne Gainey from MVA discussed the key provisions to look for in these kinds of arrangements, and discussed best practices to implement when a business is making its proprietary APIs available to third parties.

Thank you to MVA for sponsoring this CLE webinar. 

The Corporate Transparency Act is Here:

What Lawyers Should Know and Why They Should Care

Sponsored by Fox Rothschild - 3/6/24

Presenters:

Kevin M. Granahan, Partner, Fox Rothschild LLP

As of January 1, 2024, most companies created in or registered to do business in the United States must report information about their beneficial owners to the US Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) as part of an anti-money-laundering initiative enacted through the Corporate Transparency Act (CTA). FinCEN estimates that this reporting requirement applies to an estimated 32.6 million companies, with about 5 million initial reports filed annually thereafter.

While the numbers of estimated reporting companies alone indicate how broad and sweeping the effects of the CTA are and will continue to be, various small business associations throughout the United States estimate that approximately 90% of existing reporting companies don't even know they have new reporting responsibilities under the CTA. This presentation provided an overview of the CTA and its reporting requirements, including the types of entities that are required to report, the types of entities that are exempt from reporting, what information must be reported, when initial reports and changes must be filed, the penalties for failing to comply with the reporting requirements and steps to take to comply with the CTA.

Thank you to Fox Rothschild for sponsoring this CLE.

Planning for the Dispute You Hope Never Happens:

Bullet-Proofing the Boilerplate

Sponsored by Womble Bond Dickinson (US) - 3/14/24

Moderator:

Emily Storment, Corporate Counsel, Lowe’s Companies, Inc.

Panelists:

James Derrick, Partner, Womble Bond Dickinson

Matthew Tilley, Partner, Womble Bond Dickinson

Russ Ferguson, Partner, Womble Bond Dickinson

Prevention is better than cure, even in legal matters. This presentation provided valuable insights into essential elements of contract drafting and dispute management. The panel explored the critical considerations involved in forum selection, choice of law, dispute resolution, and arbitration clauses in contracts. The program equipped attendees with the necessary knowledge and skills to foresee potential disputes and mitigate them effectively before they materialize.

Thank you to Womble for sponsoring this CLE.

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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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