Having trouble viewing this email? View as Webpage

PRESIDENT'S MESSAGE

Lisa LaVigne

Senior Counsel, CVS Health

Happy Fall! Fall is my favorite time of the year with cooler temps, falling leaves, the return of football, Halloween, and all things outside! The Fall is a great time to think about getting out and enjoying some of the ACC Charlotte’s amazing offerings including connecting with your fellow members and our wonderful sponsors. Please make sure you are reading the newsletters and signing up early as our events continue to fill up quickly.

This past quarter, we have had outstanding programming for our members.  We have had three fantastic member lunches with topics including Lessons from Boeing, How the Court Interprets Indemnities and Liabilities, and Mitigating Data and Security Risks at the Contractual and Insurance Level. In addition to our monthly chapter meetings, we have had several in-person and virtual CLE offerings. Our New to In-House group continues to thrive and provide practical tips for attorneys at every stage of practice. Our sponsors treated the women of our chapter to a fantastic spa day and an evening of arranging flowers. Additionally, we have had two amazing social events including an evening at District 47 and Oktoberfest.  

Thank you to all who attended Casino Night on August 17th. This year we rolled the dice on a new venue, Quail Hollow Club, and it was a roaring success! We had a huge crowd. Our members and guests enjoyed casino night gaming, great food, drinks, and lots of conversation. We had some outstanding Gatsby-themed costumes and awarded prizes for best dressed and high rollers. Our charitable donations totaled over $2500! This is truly one of my favorite events of the year. Based on the success of this year’s event, we will return to Quail Hollow next year on Saturday, August 23, 2025.  

With so many exciting offerings, ACC Charlotte has something for each of our members. I hope you are each making the most of your membership and participating in the network that is our ACC Charlotte Chapter. I look forward to seeing each of you soon! 

Fake Subpoenas —

The Latest Criminal Phishing Attempt

Erin Illman, Partner, Bradley

Lyndsay Medlin, Counsel, Bradley

Privacy issues are inherent in almost all facets of a business with varying degrees of risk. When a U.S. company receives a court-issued subpoena or valid warrant, the process for responding is typically clear, with the risks of disclosing personal information mitigated by the legal process (bolstered by the fact that most privacy laws provide exceptions to disclosure of personal information to law enforcement). What happens when the subpoena is fake, however? A complaint filed recently in North Carolina federal court could provide a case study on this subject. 



Plaintiff M.D. alleges that Verizon violated the law by giving her personal information to a stalker, a man who, using the information given to him, arrived at the plaintiff’s house with a knife. Purportedly, M.D.’s stalker, who is facing federal criminal charges, pretended to be a police detective with a fake search warrant. This case presents unique facts where M.D. has tangible claims of injury — a threshold most privacy plaintiffs cannot meet, thus often resulting in the early demise of their cases. Since few cases reach the point where courts or fact finders weigh in on the reasonableness of how a business handled phishing communications, this case could be an opportunity for a judge sitting in North Carolina to issue novel opinions… if Verizon doesn’t settle first. 

M.D. has alleged violations of the federal Stored Communications Act (SCA), as well as state tort causes of action for intentional and negligent infliction of emotional distress. The SCA prohibits Verizon from “knowingly divulg[ing]” the contents of communications to any person, or “a record or other information pertaining to a subscriber to or customer … to any governmental entity,” subject to certain exceptions, which include validly issued criminal subpoenas (18 U.S.C. § 2702). It’s not clear on the face of the complaint that the “contents” of any communications were provided, and Verizon did not, in fact, disclose subscriber/customer information to the government — it disclosed M.D.’s information to her civilian stalker. This might provide Verizon a defense. 

M.D.’s negligence claim, on the other hand, might cause Verizon more trouble. Similar to other types of fraud or online scams, allegedly, the perpetrator’s email did not match any official government email, the “warrant” was full of misspellings and typos, and the “signing” judge was not even a judge in the county from which the “warrant” was issued. Damages may be different here, but the legal analysis could be analogous to email spoofing/phishing cases: Was Verizon negligent in failing to notice these common hallmarks of fraud?

Regardless of the outcome, the filing of the complaint puts businesses on notice of yet another avenue by which they might be subject to attack — the phishing subpoena. Businesses should confirm that their policies and procedures are up to date to handle everything criminals throw at them. An ounce of prevention and training, in this case recognition of common fraud signs and verification of a subpoena’s validity, might save a business countless dollars in litigation costs.

Welcome ACC Charlotte New Members!

July 2024 - Present

Carla Clements, Senior Counsel, Wells Fargo Law Department

Laura Dean, Eeo Compliance Consultant, Lowe's Companies, Inc.

Nathan Dunn, IP Counsel, Albemarle Corporation

Allison Goodwin, Senior Counsel, Credit Karma, LLC

Justin Gould, Cybersecurity Counsel, Accenture LLP

Aparana Jaiswal, Lead Attorney, Honeywell International Inc.

Cheree Johnson, VP, Legal Chief Officer & Secretary, SPX Technologies, Inc.

Anthony Jones, Associate Counsel, Lowe's Companies, Inc.

Matthew Lilly, General Counsel, Edifice Construction

Latieke Lyle, Counsel, Wells Fargo Law Department

Ian Macdonald, Corporate Counsel, Brighthouse Financial

Noni Mayfield, Senior Corporate Counsel, Credit Karma, LLC

Matthew McKinley, Legal Counsel, SERC Reliability Corporation

Brittany Mixon, Counsel, Credit Karma, LLC

Dominique Moore, Associate Privacy Counsel, Credit Karma, LLC

Andrew Murphy, Compliance Sr Manager, Freddie Mac

Meghan H. Pietoso, Counsel, Wells Fargo Law Department

Tanisha Reed, Attorney, Equitable Financial Life Insurance Company

Carlin Robertson, Legal Counsel, Concentrix Solutions Corporation

Lauren Ryan, Assistant General Counsel, Vanguard

Sara Turk, Counsel, Wells Fargo Law Department

Nicole Whitaker, Associate General Counsel, Vuori, Inc.

Jacob B. Wilson, Chief Legal Officer, Cibra

We have amped up our social media in 2023!

If you haven't already, please like and follow us on Facebook and LinkedIn.

Thanks to all who joined us for the Annual Casino Night! We continued our Gatsby theme and had record attendance at Quail Hollow Club. We raised money for three charities: Charlotte Center for Legal Advocacy, Pat's Place and Second Harvest of the Metrolina. Please check out our photo album on Facebook if you haven't done so already! Thanks to our sponsors Bloomberg Law, Consilio, FTI Consulting, and Legalpeople.

Social Event | District 57

Sponsored by Jackson Lewis - 8/20/24

ACC Charlotte members and Jackson Lewis attorneys gathered at District 57, a unique "dystopian" event venue with great games and really great pizza! Everyone had a great time participating and catching up over good food.

Thank you to Jackson Lewis for sponsoring this Social event.

Social Event | Whether It’s Munich or Mecklenburg: Join Us for Oktoberfest in the Queen City

Sponsored by Parker Poe - 9/18/24

ACC Charlotte members and Parker Poe attorneys for an Oktoberfest Celebration honoring the Charlotte region’s strong business ties with Germany. Attendees gathered at Gilde Brewery, a classic German Brauhaus in Southend, and indulged in German delicacies and traditional German Bier.



Thank you to Parker Poe for sponsoring this Social event.



Women's Event | Spa Day

Sponsored by Ogletree Deakins - 7/16/24

The women of ACC Charlotte were treated to an incredible morning of massages and brunch with the attorneys of Ogletree Deakins at The Spa at Ballantyne. No pictures to share for this one as all members were too busy with some much-needed relaxation!

Thank you to Ogletree Deakins for sponsoring this Women's event.

Women's Event | From Grocery Store to Gorgeous (Floral Arranging)

Sponsored by Bradley - 9/10/24

The women of ACC Charlotte and Bradley got together for a floral arranging class led by expert Lilly Greenthumbs. In this signature session, Lilly Greenthumbs showed attendees how to transform seasonal grocery store blooms into stunning tabletop arrangements. Members learned her expert tips and tricks for creating professional-quality floral displays and each person took home a beautiful bouquet in a stunning golden vase.

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



7th Annual Charlotte Pro Bono Triage Partnership

Sponsored by McGuireWoods - 9/18/24

ACC Charlotte members joined with leaders from the business and legal community for the seventh annual Charlotte Triage fall program, offering CLE training in varying areas of service. For this event, law firm and corporate legal department leaders and volunteers come together to address critical legal needs for the most vulnerable members of the Charlotte community.

After the CLE trainings, attendees gathered on the rooftop of the Grand Bohemian for a networking reception, where the inaugural winners of the Charlotte Triage Champion of the Year and the Charlotte Triage Volunteer of the Year were announced.

Thank you to McGuireWoods for sponsoring this pro bono event.



Every Contract is Subject to Privacy Risk: Negotiating & Structuring Contracts and Protecting Your Business with CyberInsurance

Sponsored by Bradley - 7/10/24

Speakers:

Brett Lawrence, Associate, Bradley

Ben Milam, Partner, Bradley

Privacy and cybersecurity issues are quickly becoming commonplace for nearly every company, as they are no longer relegated to industry-specific sectors anymore. With the burgeoning number of states enacting general comprehensive privacy legislation, companies are having to grapple with the numerous compliance measures that need to be taken. As many as 17 states will have active privacy laws by 2026, which will require companies to create public facing disclosures, draft internal data impact assessments, formulate data breach procedures, and prepare internal procedures for processing consumer rights requests. One critical aspect is how companies can account for these privacy and cybersecurity issues from a contractual and insurance perspective. These new laws and standards require specific contractual provisions to be included in a company’s agreements with vendors, contractors, and even business partners. But there are a number of best practices that can be followed when negotiating these contracts, including ensuring that a business partner or vendor accounts for these privacy risks by retaining appropriate cyber insurance. This presentation encompassed these contractual obligations and best practices, how cyber insurance places a crucial role in this process, and how companies can offset the risks related to any privacy and cybersecurity issues that can arise between contracting parties.

Thank you to Bradley for sponsoring this CLE.

Non-Competes Under Attack: Not So Obvious Consequences of the FTC Ban

Sponsored by Troutman Pepper - 7/23/24

Speakers:

Jason Evans, Partner, Troutman Pepper

Evan Gibbs, Partner, Troutman Pepper

Emily Davidson, Associate, Troutman Pepper

This multidisciplinary and collaborative CLE regarding the consequences of the proposed FTC Ban on Non-Competes featured attorneys from Troutman's Corporate Espionage, Employee Benefits + Executive Compensation, and Antitrust teams. The speakers delved into the potential impacts of the FTC’s sweeping ban on worker non-competition provisions and discussed the latest developments and progress concerning the rulemaking. They also covered the lawsuits challenging the ban, examined its potential repercussions on employers and their operations, and helped employers consider what steps to take now. Attendees enjoyed delicious food and drink at Legion Brewing following the CLE.

Thank you to Troutman Pepper for sponsoring this CLE.

How the Courts Interpret Indemnities & Liability Limitations

Sponsored by Moore & Van Allen - 8/7/24

Speakers:

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

Todd Taylor, Co-head of Intellectual Property; Co-head of Commercial & Technology Transactions, Moore & Van Allen

Sam Merritt, Counsel, Intellectual Property, Moore & Van Allen

Two of the most contentious provisions in any contract negotiation are the indemnities and the limitations on liability. Negotiators spend so much time getting these provisions just right – but do they fully understand how a court would interpret these provisions? This presentation was a deep dive into all things indemnities and limitations on liability and how courts review and interpret these very important provisions. Attendees heard perspectives from both contract negotiators and litigators, who gave practical, real-world examples of language to use and how to avoid common pitfalls.

Thank you to Moore & Van Allen for sponsoring this CLE. 

WEBINAR | Effectively Addressing Harassment in the Workplace – Insight Into the EEOC’s Long-Anticipated Update to its Workplace Harassment Guidance

Sponsored by Littler - 8/15/24

Speaker:

Steve Dellinger, Office Managing Shareholder, Littler

Kellie Tabor, Shareholder, Littler

On April 29, 2024, the EEOC published its “Enforcement Guidance on Harassment in the Workplace,” noting that harassment remains a persistent problem in the workplace and recommending that employers reboot workplace harassment prevention. Kellie Tabor and Stephen Dellinger, Shareholders from Littler’s Charlotte office, highlighted the key takeaways from the new Guidance and discussed practical compliance strategies employers can take.

Thank you to Littler for sponsoring this CLE webinar. 

Ethics for In-House Counsel: Current Ethical Issues Involving Technology and AI

Sponsored by Winston & Strawn - 8/22/24

Moderator:

Patrick Doerr, Associate, Winston & Strawn

Panelists:

Danielle Williams, Managing Partner, Charlotte & Intellectual Property Partner, Winston & Strawn

Alan Stevens, Complex Commercial Litigation Partner & Member of AI Strategy Group, Winston & Strawn

Jeff Wilkerson, Complex Commercial Litigation Partner; Member of AI Strategy Group, Winston & Strawn

Tracea Rice, Intellectual Property Associate, Winston & Strawn

Winston & Strawn lawyers presented an interactive ethics seminar centering around ethical issues related to technology and AI and how to manage legal and reputational risk. Several topics were covered including eDiscovery and Ephemeral Communications Platforms, Generative AI and Other AI technology, AI Drafting Tools, AI Risks and Regulations, and AI Policies, Governance, and Best Practices.

Thank you to Winston & Strawn for sponsoring this CLE.

Lessons from Boeing:

Navigating DOJ Initiatives and Avoiding Government Pitfalls

Sponsored by Womble Bond Dickinson - 9/4/24

Speakers:

Sarah Motley Stone, Partner, Womble Bond Dickinson (US)

Erin Taylor, Of Counsel, Womble Bond Dickinson (US)

Attendees stepped right into the world of regulatory compliance with this in-depth presentation, using Boeing as a cautionary tale. Sarah Motley Stone and Erin Taylor gave an insightful presentation where they delved into the intricacies of Department of Justice (DOJ) initiatives while illuminating strategies companies can employ to navigate regulatory landscapes and avoid potential entanglements with the government. Attendees gained valuable insights from real-world scenarios and learned actionable tactics to ensure compliance to safeguard their organization’s integrity and how to transform potential liabilities into strengths.

Thank you to Womble for sponsoring this CLE.

WEBINAR | May it Please the Court:

Litigation Lessons Learned as Former Federal Law Clerks

Sponsored by Shumaker - 9/12/24

Speakers:

Tricia W. Magee, Shumaker; Partner in Litigation and Disputes Service Line – former Career Law Clerk to Judge Frank D. Whitney, U.S. District Court for the Western District of North Carolina

Jason Idilbi, ClearCompany; General Counsel -former Law Clerk to Judge Judge Albert Diaz, U.S. Court of Appeals for the Fourth Circuit

David Fitzgerald, SafeGraph; General Counsel – former Law Clerk to Judge Frank D. Whitney, U.S. District Court for the Western District of North Carolina and to Judge Patricia Millett, U.S. Court of Appeals for the District of Columbia Circuit

Emily Treaster, Western Union; Managing Associate General Counsel, Litigation former Law Clerk to Judge Albert Diaz, U.S. Court of Appeals for the Fourth Circuit

Law clerks have the distinct privilege of working with judges who decide complex cases, and this experience provides insight into how to be a successful and effective advocate. Speakers shared best practices for in-house and practicing attorneys based on lessons they learned as law clerks for federal judges on the U.S. District Courts and U.S. Courts of Appeal. 

Thank you to Shumaker for sponsoring this CLE webinar.

SCOTUS: Behind the Curtain

Sponsored by Robinson Bradshaw - 9/17/24

Speakers:

Mark Hiller, Robinson Bradshaw

Erik Zimmerman, Robinson Bradshaw

Two former U.S. Supreme Court law clerks, Mark Hiller and Erik Zimmerman, provided insights on the work of the U.S. Supreme Court. The audience learned, as far as obligations of confidentiality allow, about the Court’s internal processes for choosing and deciding its cases. The audience also learned effective strategies for securing Supreme Court review and for winning on the merits. Specific topics included

• Cert petitions: How the Court handles and decides cert petitions, and techniques for preparing an effective petition.
• The merits: The Court’s approach to briefs, oral argument, and opinions, and how to advocate effectively at the merits stage.
• The emergency, or “shadow,” docket: The recent growth in filings that ask the Court for emergency relief, how the Court has responded, and strategies for seeking emergency relief.

Thank you to Robinson Bradshaw for sponsoring this CLE.

Professionalism, Collegiality, and Mentorship in the Practice of Law

Sponsored by Alston & Bird - 9/24/24

Speakers:

The Honorable Kara Farnandez Stoll, U.S. Court of Appeals for the Federal Circuit

Nic Marais, Senior Associate, Alston & Bird


Courtney Ballard, President of the Mecklenburg County Bar & Senior Corporate Counsel, Trane Technologies 

Courtney Viebrock, Managing Attorney, Pro Bono Unit at the Charlotte Center for Legal Advocacy

This presentation focused on the principals of professionalism, collegiality, and mentorship as they relate to local involvement in the legal community. Attendees heard from ACC Charlotte members who will discuss the legal rules and requirements relating to each of their North Carolina organizations. Additionally, this allowed for the debut of a new Charlotte-based Inn of the American Inns of Court sponsored by The Honorable Kara Fernandez Stoll, U.S. Court of Appeals for the Federal Circuit. 

Thank you to Alston & Bird for sponsoring this CLE.

Did you miss an event?

Past presentation materials are available on our website to members only.

Please log in as a member HERE.

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.

STAY CONNECTED: 

Check out our recent and upcoming events and CLE opportunities: