All events take place at the Francis Marion Hotel unless otherwise noted. Sessions are listed in Eastern Time and are subject to change.

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THURSDAY, SEPTEMBER 15

8:30 a.m. – 9:30 a.m.
Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of America
Judge Richard Gergel
(U.S. District Court for the District of South Carolina) will discuss the impact the 1946 acquittal by an all-white jury of a South Carolina police chief for the brutal beating and arrest of a decorated African American veteran had on President Harry Truman’s order to end segregation in the U.S. armed forces and on presiding federal court judge J. Waties Waring’s pivotal dissent in the 1951 case of Briggs v. Elliott, which became the model for the Supreme Court’s unanimous decision in Brown v. Board of Education.

> Followed by: Presentation of Hon. Sarah T. Hughes Award and Remarks on Daniel Anderl Judicial Security and Privacy Act

9:30 a.m. – 5:00 p.m.
FBA Board of Directors Meeting
Available via Teleconference

9:40 a.m. – 10:40 a.m.
CLE 1A | The Defense and Relator’s Counsel Discuss Getting a Case Resolved
This panel will review the resolution process of False Claims Act (FCA) cases from the perspectives of the defense, relators, and the possibility of impending government intervention.

  • Bill Nettles, Owner, Bill Nettles Law (Moderator)
  • Hon. Bruce Hendricks, District Court Judge, U.S. District Court for the District of South Carolina
  • Matthew R. Hubbell, Special Counsel, Duffy & Young LLC
  • James Leventis, AUSA, Civil Division, U.S. Attorney’s Office, District of South Carolina
  • Michael J. Moore, Partner, Moore Hall, LLC

9:40 a.m. – 10:40 a.m. (continued)
CLE 1B | Under Surveillance: How ICE’s Radically Expanded Use of Enhanced Technology has Upended Privacy throughout the U.S.
Panelists will address legal issues with information obtained from immigrants through the normative capture of biometrics, expanded use of facial recognition software, and cell phone monitoring, when detained by the Department of Homeland Security (DHS). Addressing issues surrounding surveillance, panelists will lead discussion on DHS and government agency scope. Attendees can expect a better understanding on the admissibility of evidence and ethical strategies for advising clients on their use of electronic communication and devices.

  • Mark Shmueli, Law Offices of Mark Shmueli (Moderator)
  • Rachel Davidson, Senior Associate, Center on Privacy and Technology, Georgetown University Law School
  • Dinesh McCoy, Staff Attorney, Just Futures Law

> Sponsored by Dorsey & Whitney LLP

11:00 a.m. – 12:00 p.m.
CLE 2A | Coming Soon to a Courthouse Near You? ESG Disclosure Requirements, Risks, and Strategies Throughout the Supply Chain
Corporate Environmental, Social and Governance (ESG) reporting and disclosure obligations are becoming increasingly important considerations for risk managers and litigators. Panelists will discuss issues relating to the litigation implications of the rule and prospects for legal challenge of the final rule.

  • Lawson Fite, Partner, Marten Law LLP (Moderator)
  • David Colvin, Partner, Fox Rothschild LLP
  • Sehrish Siddiqui, Member and Chair of ESG Advisory Services Group, Bass, Berry & Sims PLC
  • Mara Zimmerman, Senior Counsel, American Petroleum Institute

11:00 a.m. – 12:00 p.m. (continued)
CLE 2B | Twelve Angry Youtes Kill a Mockingbird, Tweet Tweet
Judge Anderson draws on his thirty-six years of experience as a trial court judge to present a refresher course on trial advocacy techniques: what works in the courtroom and what is of little value.  The presentation features lessons from some of the acclaimed trial advocacy professionals (such as Irving Younger) as well as feedback Judge Anderson has received from actual jurors after the trial is over.  The presentation includes video of effective cross examination techniques (such as Roy Black in the William Kennedy Smith date rape trial) and features valuable lesson from some of the most memorable courtroom movies.

  • Hon. Joseph F. Anderson, Jr., U.S. District Court South Carolina

12:00 p.m. – 1:30 p.m.
Younger Federal Lawyer Awards Luncheon
Join us for the presentation of the Younger Federal Lawyer Awards, which are bestowed upon outstanding government and military attorneys who have attained high standards of professional achievement. In addition, we will present the Robyn J. Spalter Outstanding Achievement Award, which honors a member who began their involvement with the FBA as a “younger attorney” and achieved professional success in the FBA and in their legal career.
> Sponsored by LawPay, LLC

1:30 p.m. – 2:30 p.m.
CLE 3A | Access to Legal Representation and the Importance of Pro Bono Representation in Immigration Proceedings
This panel will discuss the importance and value of pro bono representation and how the Executive Office for Immigration Review encourages and fosters pro bono representation.

  • Hon. Amiena Khan, Chair, FBA Immigration Law Section (In Personal Capacity) (Co-Moderator)
  • Christine Poarch, Founder, Poarch Thompson Law (Co-Moderator)
  • Laura Flores Bachman, Director of Legal Programs and Operations, American Bar Association Commission on Immigration
  • Hon. Shelia McNulty, Regional Deputy Chief Immigration Judge, U.S. Department of Justice (EOIR)
  • Steven Lang, Program Director, Office of Legal Access Programs, U.S. Department of Justice (EOIR)

1:30 p.m. – 2:30 p.m. (continued)
CLE 3B | Unwanted Government Attention: Bankruptcy Issues That Will Draw Objections from U.S. Trustees and State Attorneys General
Economic indicators suggest that 2023 will be a busy year for bankruptcy practice. Recent court decisions are likely to have impacts that ripple beyond bankruptcy issues into other areas of law including mass torts and consumer protection. Government entities including state attorneys general and the Office of the U.S. Trustee have been very active in the development of this law. The presentation will include two assistant AGs in offices with very active bankruptcy divisions, as well as a trial attorney with the U.S. Trustee, and a partner in a large firm specializing in Chapter 11 matters. The panel discussion will cover issues that are considered “hot button” matters by governmental entities and strategies for practitioners to potentially avoid having a governmental entity file an objection. This discussion will be topical and practical because dealing with such objections can be a costly endeavor.

  • Jason Binford, Assistant Attorney General, Bankruptcy & Collections Division, Office of the Attorney General of Texas* (Moderator)
  • Gill Geldreich, Deputy Attorney General, Office of the Attorney General of Tennessee*
  • Casey Roy, Trial Attorney, Office of the United States Trustee*

2:40 p.m. – 3:40 p.m.
CLE 4A | The Privacy Mindset of the U.S. v. EU: Implications for U.S. Businesses in a Post-COVID Era
This panel will examine what U.S. businesses with global reach must do to comply with privacy requirements in the United States and in Europe.  The conversation will focus on the tech sector, and panelists will provide a perspective from the U.S. and the EU, as well as in-house and from the tech entrepreneur perspective.  Panelists will go over due diligence requirements, the latest litigation, and go through a case analysis from the perspective of a local, South Carolina based, tech company – objectives will focus on examining when and how the GDPR might apply to a US business, and what privacy obligations a tech company (or any company, for that matter) should be cognizant of even if outside of typically regulated industries such as financial and the health care sector.

  • Olivera Medenica, Partner, Dunnington Bartholow & Miller LLP (Moderator)
  • Steve Britt, Counsel – Cyber, Data Privacy & Technology, Parker Poe
  • Monique Brown, Senior Corporate Counsel & Privacy Officer, Benefitfocus for Life
  • Joseph A. Dickinson, CHPC, Member, Nexsen | Pruet
  • Filip Duwaerts, Advocaat, Ardent Advocaten
  • David Kelley, Chief Financial Officer, Mailprotector

> Sponsored by The McKay Firm

2:40 p.m. – 3:40 p.m. (continued)
CLE 4B | Scamming Governments: Oversight and Accountability Institutions
Coming on the heels of the numerous scams in the private sector, this presentation compares governmental entities established to protect public money from such scams, namely the U.S. Federal Inspector General Community and International Supreme Audit Institutions. The establishment and evolution of the U.S. IG Act and international enabling statutes will be covered.  Discussion will include the sufficiency and effectiveness of the varying structures as well as which system is the most balanced or best positioned to handle the current onslaught of scams ensuing from emergency government funding for the pandemic and international wars. Attendees will learn: How SAIs and IGs are embedded in broader legal frameworks; The statutes that delineate relationships with enforcement agencies; If it is more effective for the auditor to possess sanctioning power or be limited to referring violations to enforcement authorities; and when and how reports of investigations regarding public money are reported out to the public.

  • TJ McGrath, General Counsel, MedPAC (Moderator)
  • Alissa Ardito Ashcroft, Senior Counsel, International Monetary Fund
  • Le Nguyen, Associate Counsel, Office of Inspector General, U.S. Department of Labor*

4:00 p.m. – 5:00 p.m.
CLE 5A | Artificial Intelligence and Civil Rights: Impacts on Employment, Housing and Criminal Justice
Artificial intelligence and machine learning technologies are changing the world in offering new ways to analyze vast quantities of data and drive effective decision-making in numerous areas of society.  While these technologies offer great promise, they also give rise to concerns of how technologies developed under the Silicon Valley “move fast and break things” ethos fit within the framework of existing civil rights laws.  Many are concerned that these artificial intelligence tools may entrench disparities involving minorities, women, individuals with disabilities, and other protected classes.  In this panel, leading experts from government, academia, and the non-profit sector in the fields of employment, housing, and criminal justice will examine current and impending regulatory trends from the use of these cutting-edge technologies.

  • Michael Akinwumi, Chief Tech Equity Officer, National Fair Housing Alliance
  • Keith Sonderling, Commissioner, U.S. Equal Employment Opportunity Commission
  • Vincent Southerland, Assistant Professor of Clinical Law, Co-Faculty Director, New York University School of Law
  • Jack Blum, Shareholder, Polsinelli PC

> Sponsored by Rachel V. Rose – Attorney at Law, PLLC

Opening Cocktail Party | 5:30 p.m. – 7:30 p.m.
Hosted by the South Carolina Chapter
South Carolina Society Hall | 72 Meeting St, Charleston, SC 29401

Kick-off your time in historic Charleston with an opening cocktail party. Guests have the option to arrive early and join a brief walking tour of the “Four Corners of Law,” a crossroad of four historic buildings representing federal, state, municipal, and ecclesiastical law led by local attorneys, historians, and guides. Transportation will be provided.

> Featuring Remarks and Official Proclamation by Charleston’s Mayor John Tecklenburg
> Tour Buses Start Loading at 5:00 p.m. for Four Corners of Law Tour (Sponsored by The Seibels Law Firm, P.A.)

     

 

FRIDAY, SEPTEMBER 16

9:00 a.m. – 10:00 a.m.
General Session | Promoting Diversity & Inclusion During the Great Resignation
According to the US Bureau of Labor Statistics, in 2021, over 38 million people resigned their employment positions. As with most industries, the legal profession has been impacted by the Great Recession in a major way. The panelists of this general session will discuss methods to navigate the Great Recession while promoting diversity and inclusion as well as strategies to retain and attract diverse talent in this “new normal” working environment that is fraught with challenges stemming from the pandemic. This program is presented by the FBA’s Diversity and Inclusion Standing Committee.

  • Victoria Del Campo, Associate, Dorsey & Whitney LLP (Moderator)
  • Amy E. Boyle, Founding Partner, MJSB Employment Justice
  • Hon. Molly Cherry, Magistrate Judge, U.S. District Court South Carolina
  • Mark C. Fava, Vice President, ODA Ombudsperson, Boeing

> Sponsored by Veritext Legal Solutions

10:00 a.m. – 11:30 a.m.
FBBC Board of Directors Meeting
Available via Teleconference

10:10 a.m. – 11:10 a.m.
General Session | Majesty of the Law
How can we ensure the law remains an institution worthy of respect? Join Trey Gowdy and Bakari Sellers for a timely discussion, as they explore the law through the lens of those for whom the law did no favors for large periods of time.

  • Beattie Ashmore, FBA South Carolina Chapter President (Moderator)
  • Trey Gowdy, Attorney, FOX Political Commentator & former member of U.S. House of Representatives for the District of South Carolina
  • Bakari Sellers, Attorney, CNN Political Analyst & former member of South Carolina House of Representatives

11:00 a.m. – 12:00 p.m.
Government Relations Committee Meeting
Available via Teleconference

 11:30 a.m. – 12:30 p.m.
General Session | Wellness in the Legal Profession: Understanding Depression & Anxiety and Identifying Tools/Resources to Obtain Support
The practice of law is demanding.  Too often lawyers and judges focus on the needs of their clients, firms, or families and neglect their own physical and mental well-being.  Join Dr. Karin Ryan, PsyD, LP as she provides insight into signals and signs of depression and anxiety while also providing tools to help lawyers thrive and restore wellness in their profession.
> Sponsored by Goings Law Firm, LLC

12:30 p.m. – 2:00 p.m. 
Public Service and Fellows Induction Luncheon
Celebrate the gift of giving back while honoring FBA members and Chapters for their contributions in public service. Awards presented will include the Ilene and Michael Shaw Public Service Award, Ilene and Michael Shaw Younger Lawyer Public Service Grant, Elaine R. “Boots” Fisher Award, Hon. Sarah T. Hughes Civil Rights Award, and Peter J. Mazza Outstanding Federal Lawyer Award. In addition, the new class of the Fellows of the Foundation will be inducted.
> Sponsored by Nexsen Pruet, LLC

1:00 p.m. – 3:00 p.m.
Oral Arguments: U.S. Court of Appeals for the Fourth Circuit
J Waties Waring Judicial Center | 83 Meeting St, Charleston, SC 29401
The Fourth Circuit will hold a special session oral argument on the following three topics. Attorneys are invited to view from the gallery. Seating is limited. Detailed event information will be circulated closer to the event date. RSVP in advance through online registration page.

  • CIVIL: Whether district court properly dismissed civil action for lack of subject matter jurisdiction based on failure to exhaust administrative remedies under IDEA.
  • CONTRACT: Whether district court erred by concluding that defendant properly terminated plaintiff’s position for cause under New York law; other issues.
  • CRIMINAL: Whether the district court erred in denying motion to suppress unprotected statements based on finding that the defendant was not in custody for Miranda purposes.

2:00 p.m. – 3:30 p.m.    
General Session | Cybercrime, Identify Theft and Scams
Frank J. Abagnale, Jr.
, fraud prevention expert and bestselling author and subject of the movie “Catch Me If You Can,” takes you behind the scenes to show how simple strategies can thwart today’s cyber criminals. With vivid examples, Mr. Abagnale reveals how identity thieves work, why passwords are not keeping you safe, and why safeguarding yourself is particularly important today. Audiences praise his entertaining and informative sessions brimming with practical takeaways for attendees wanting to better protect themselves and their organizations from ever-increasing fraud.

2:00 p.m. – 5:15 p.m.
Rising Professionals Program
The South Carolina Chapter has teamed up with the Charleston County Bar Association to present a 3 hour program on Friday afternoon focusing on rising professionals. This program kicks off with a joint session featuring Cybercrime specialist Frank Abagnale. (Mr. Abagnale’s real life story was the inspiration for “Catch Me if You Can,” the 2002 film directed by Steven Spielberg.) Next, a compilation of rising professional speakers will present a series of 15-18-minute “TED talks” on topics meaningful to their peers and designed to enhance professional development. A separate registration for the Rising Professionals Conference is available.
Attendees are invited to the “Cybercrime, Identity Theft and Scams” presentation and then will proceed to independent programming.
> Presented by South Carolina Chapter of the Federal Bar Association

> Sponsored by Charleston County Bar Association

2:00 p.m. – 5:00 p.m.
Foundation of the FBA Board of Directors Meeting
Available via Teleconference

2:30 p.m. – 3:30 p.m. (Time Window)
Swearing-In Ceremony: U.S. Court of Appeals for the Fourth Circuit
J Waties Waring Judicial Center | 83 Meeting St, Charleston, SC 2940
Attorneys interested in being admitted to the bar of the Fourth Circuit must mail completed form and $228 admission fee to the Clerk of the United States Court of Appeals. The form and fee should be received by the Clerk’s Office no later than September 9, 2022. Applicants should appear in the Sol Blatt, Jr. Courtroom for admission in open court following conclusion of oral arguments (between 2:30-3:30 pm). RSVP in advance through the online registration page.
[Hyperlinked Admission Form]

3:45 p.m. – 4:45 p.m.  
Circuit Vice Presidents Meeting
Available via Teleconference

Convention Welcome Reception | 6:00 p.m. – 9:30 p.m.
Hosted by the South Carolina Chapter
The William Aiken House | 456 King St, Charleston, SC 29403

Convention attendees are invited to an evening reception evoking the spirit of the Charleston Renaissance of the 1920s. We invite you to celebrate with fellow colleagues, while you enjoy food, drinks, and entertainment. Located three blocks from the hotel on iconic King Street, the William Aiken House is a local treasure with 19th century architectural charm, scenic grounds, and museum-caliber artwork and antiques.

      

SATURDAY, SEPTEMBER 17

9:00 a.m. – 10:45 a.m.
Chapter Leaders Meeting
Available via Teleconference

9:00 a.m. – 10:45 a.m.
Section & Division Leaders Meeting
Available via Teleconference

11:00 a.m. – 12:00 p.m.
General Session | Grace Will Lead Us Home: The Charleston Church Massacre and the Hard, Inspiring Journey to Forgiveness
Pulitzer Prize winning journalist and author Jennifer Berry Hawes will discuss her book “Grace Will Lead Us Home,” which examines the horrific 2015 mass shooting at the Mother Emanuel AME church in Charleston and its aftermath, including the forgiveness offered to the perpetrator by the victims’ family members at his arraignment hearing.
> Sponsored by Barnwell Whaley Patterson & Helms, LLC

12:00 p.m. – 1:30 p.m. 
FBA Awards Luncheon
Support active FBA Volunteers at this annual event, which recognizes the outstanding service and achievements of members, sections, divisions, and chapters with the following awards: Newsletter Awards, Section and Division Recognition Awards, Section and Division Outstanding Leader Award, Chapter Community Outreach Award, Vice Presidents for the Circuits Outstanding Leader Award, Outstanding Chapter Leader Awards, Chapter Activity Awards, Chapter of the Year, and Earl W. Kintner Award for Distinguished Service.

2:00 p.m. – 4:00 p.m.
National Council Meeting
Available via Teleconference
The National Council meeting brings FBA national and chapter leadership together to receive annual reports on the state of the organization. The National Council members are selected by elected position or appointment. A quorum of the National Council is established when twenty-five percent of the members of the National Council in good standing are present. National leaders will be available during this session to answer questions about written reports included in the National Council read-ahead materials. The agenda and materials will be distributed to members of the National Council in good standing at least 30 days prior to the meeting.

6:30 p.m. – 9:30 p.m.
Presidential Installation
Join us for a celebratory reception to formally induct Matthew Moschella as the FBA National President for FY 2023. Festivities will feature music, drinks, and food stations. Cocktail attire invited.

Continuing Legal Education (CLE)

Attendees can receive up to 7 CLE credits (8.4 credits for 50-min states).

CLE Credit will be tracked via an online web application. Attendees must check-in and check-out of each session to record their attendance. Certificates will be available to download online and sent via email approximately two weeks following the conference.

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