2013 Dan K. Moore Program in Ethics
The Changing Model of Legal Services Delivery in the “New Normal”
Friday, October 4, 2013
9:30 a.m.
Welcome and Introduction to the Program (Dean Jack Boger, Professors Thomas
Hazen and Lissa Broome)
9:45 a.m.
The Changing Demographics of Law Firms and the Implications for Training New
Attorneys
The panel will explore the challenges facing law firms in hiring and training attorneys in the
"New Normal." The expectation of in-house attorneys regarding training their own staffs as well
as training provided to law firm lawyers representing their organization.
10:45 a.m.
Break
11:00 a.m.
New Methods of Legal Service Delivery in the New Normal
The panel will discuss new pricing models and the structures used to deliver legal services,
including the legal process outsourcing industry. The ethical implications of oversight,
unauthorized practice, conflicts of interest, and waiver will be discussed in this context.
12:00 p.m.
Networking Lunch
Enjoy lunch with the panelists and other attendees. In the past, we have had a number of inhouse attorneys attend this program from both smaller and larger business throughout the state.
12:50 p.m.
Stress Reduction for Legal Professionals: Lessons from Positivity & Love 2.0
Dr. Barbara Fredrickson, Kenan Distinguished Professor of Psychology, will share ideas from
her two books, Positivity and Love 2.0, about how busy legal professionals can reduce stress
and find greater enjoyment in their lives.
1:50 p.m.
Break
2:00 p.m.
Review of Professional Responsibility Issues Business Lawyers Commonly Face
The panel will review some of the major professional responsibility issues faced by business
lawyers - such as conflicts of interest, the duty of confidentiality, attorney-client privilege, and
the organization as a client - and highlight recent developments in these areas.
3:00 p.m.
Adjourn
Program Panelists
David L. Batty
David L. Batty is a partner in Winston & Strawn’s finance practice group who concentrates on corporate
lending. Mr. Batty focuses his practice on the representation of financial institutions in syndicated credit
facilities, including cross-border transactions, as well as mezzanine financings. He has served as counsel to
the administrative agent and lead arranger in syndicated credit facilities ranging in size from $100 million to
more than $4 billion extended to companies in the media, telecommunications, consumer, defense technology,
and other sectors. Mr. Batty also has extensive experience with financing private equity acquisitions, including
representing private equity sponsors. He received a B.A. from George Washington University and a J.D. from
Boston College School of Law.
Bernard A. Burk
Bernie Burk joined the UNC School of Law faculty in 2011 following a distinguished career at Howard Rice
Nemerovski Canady Falk & Rabkin, P.C. in San Francisco and a year as an academic fellow at the Arthur and
Toni Rembi Rock Center for Corporate Governance at Stanford University. He is the co-author of Big But
Brittle: Economic Perspectives on the Future of the Law Firm in the New Economy, published in the Columbia
Business Law Review. Burk is a Faculty Fellow at UNC’s Parr Center for Ethics. He received an undergraduate
degree at Yale University and a J.D. from Stanford.
Barbara L. Fredrickson
Dr. Fredrickson is the Kenan Distinguished Professor of Psychology in the department of psychology at the
University of North Carolina at Chapel Hill. Fredrickson is a social psychologist who conducts research in
emotions and positive psychology. Her main work is related to her broaden-and-build theory of positive
emotions, which suggests that positive emotions lead to novel, expansive, or exploratory behavior, and that,
over time, these actions lead to meaningful, long-term resources such as knowledge and social relationships.
She is the author of two general-audience books: Positivity, a book that draws on her own research and that of
other social scientists; and Love 2.0, using research from her lab and redefining love not as a stable behemoth,
but as micro-moments of connection between people - even strangers. Fredrickson was a professor at the
University of Michigan for 10 years before moving to the University of North Carolina. She earned a Ph.D. from
Stanford.
Robert J. Johnson
Bob Johnson serves as General Counsel for BB&T. He joined BB&T’s Legal Department in 2005 and, before
being named General Counsel in September 1, 2010, served as BB&T’s Deputy General Counsel, responsible
for the Mergers and Acquisitions and Corporate, Securities and Regulatory Practice Groups. As BB&T’s
General Counsel, Johnson manages a team of over 70 attorneys and legal professionals. Prior to joining
BB&T, Johnson was in private practice with the law firm of Squire, Sanders & Dempsey LLP in Cleveland,
Ohio, providing counsel to financial institutions and their affiliates. He received a B.A. from Miami University,
Ohio and a J.D. from the Ohio State University Moritz College of Law.
Greg McPolin
Greg McPolin is the Managing Director of Pangea3, a Thomson Reuters business that is the world’s leading
firm in the legal process outsourcing industry. He leads the worldwide operations and growth. McPoplin joined
Pangea3 in 2007, first heading client development for the company’s litigation service offering and later also
assuming leadership of litigation operations. He has brought his extensive electronic discovery and strategicproject experience to bear during a long and varied career, which began in the Washington, D.C. office of
Howrey LLP. There, he managed document review projects and productions for some of the largest second
requests in U.S. history for the firm´s antitrust practice group. McPoplin subsequently spent six years at
Seattle-based Applied Discovery, a major discovery services firm, as the inaugural manager of its East Coast
office, where his clients included Fortune 500 companies and some of the nation´s most prestigious law firms.
He received a J.D. and a Master of Studies from Vermont Law School.
Fenita Morris-Shepard
Fenita Morris-Shepard is Litigation Counsel for LabCorp. She is a career litigator and served under Janet Reno
as an Assistant United States Attorney of the Civil Division in the Eastern District of North Carolina for eight
years; worked as Senior Attorney at the Shanahan Law Group for four years; and has held numerous in-house
counsel positions including Assistant General Counsel with Wachovia Bank, N.A., and General Counsel of the
North Carolina Education Lottery. Ms. Morris-Shepard graduated from the University of North Carolina at
Chapel Hill and earned her J.D. at North Carolina Central University.
Edward C. Winslow III
Ed Winslow is the Managing Partner of Brooks, Pierce, McLendon, Humphrey & Leonard, a North Carolinabased law firm with offices in Greensboro, Raleigh and Wilmington. He represents business and corporate
clients with an emphasis in the fields of banking and financial services. Winslow served as General Counsel to
the North Carolina Bankers Association and as a member and chair of the North Carolina General Statutes
Commission. He is a co-author of a treatise on the North Carolina UCC and a frequent speaker and writer on
topics involving financial services law and law practice management. Winslow received an undergraduate
degree from Davidson College and a J.D. from the University of North Carolina.
Program Directors
Lissa L. Broome
Broome is the Wells Fargo Professor of Banking Law and Director of the Center for Banking and Finance. She
teaches Banking Law and Secured Transactions. She is the co-author of the Regulation of Bank Financial
Service Activities, a banking law casebook, and co-author of Securitization, Structured Finance and Capital
Markets. Broome also directs the Director Diversity Initiative which works to increase the diversity of corporate
boards of directors through its training programs, advocacy, research, and diverse director database. Broome
received an undergraduate degree from the University of Illinois and a J.D. from Harvard.
Bernard A. Burk
Burk is an Assistant Professor of Law at UNC School of Law. His scholarship focuses on Professional
Responsibility as well as empirical study of the Legal Profession and Legal Education. He is a regular guest
blogger on The Faculty Lounge. He teaches Professional Responsibility and Contracts.
Thomas Lee Hazen
Hazen is the Cary C. Boshamer Distinguished Professor of Law. He teaches Business Associations and
Securities Regulation, and is the author or co-author of casebooks in corporations, corporate finance, brokerdealer regulation, mergers and acquisitions, and securities regulation. Hazen is the author of a widely
regarded six-volume treatise on Securities Regulation, a three-volume treatise on derivatives regulation, and a
two-volume treatise on broker-dealer law. He has also served as an expert witness in a number of high profile
securities cases. Hazen received his undergraduate and his J.D. from Columbia.