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August 29, 2013

August 22, 2013

Welcome to the South Carolina Bar's E-Blast! 
August 29, 2013
E-Blast highlights upcoming activities, legal information and links to the Bar's website at 
www.scbar.org
Click 
here for the most recent CLE Edition, which highlights upcoming CLE opportunities.

E-Blast schedule change
Beginning next week, E-Blast will return to its regular distribution schedule of Tuesdays and Thursdays. The CLE Edition of E-Blast continues to be distributed on Wednesdays.

Solo & Small Firm Conference early bird pricing ends soon!
With the Labor Day holiday, there are just a few working days left to receive great early bird discounts for
2013 Solo & Small Firm Conference & Tech Expo registration! The Bar is offering special prices for legal assistants and law students, and a combo rate for lawyer plus assistant. Solo & Small Firm Section members receive a discount as well. Join us Friday, Sept. 20, at the Charleston Marriott on Lockwood Boulevard. You can still register up to the day of the conference, but you will pay more than the early bird price. Don’t wait; register now!

Save on two great CLE publications
The S.C. Bar CLE Division is offering a money-saving bundle on two great publications: S.C. Evidence Handbook Annotated, Ninth Edition and S.C. Rules of Procedure Annotated 2013. Want the easiest and fastest way to look up the evidence rules, relevant cases and statutes related to evidence in one place? Then S.C. Evidence Handbook Annotated, Ninth Edition is the one book you need! Like Justin S. Kahn’s celebrated S.C. Rules of Procedure Annotated, this handbook of practical information puts rules, relevant case law and statutes related to evidence in South Carolina at your fingertips. Plus, did you know the Rules of Civil Procedure and Criminal Procedure were amended May 1, 2013? Don't worry, the newly-updated S.C. Rules of Procedure Annotated 2013 contains the latest changes, amendments and annotations. With research current through July 19, 2013, this is the most up-to-date premier compendium of the state’s rules of procedure. Both books are being offered together for a reduced price;
learn more online

Public hearings scheduled for judicial candidates
The Judicial Merit Selection Commission has scheduled public hearings beginning Tuesday, Nov. 5, at 9 a.m. for the candidates for judicial positions listed on
this media release. Persons desiring to testify at public hearings should furnish written notarized statements of proposed testimony by noon on Tuesday, Oct. 22, to the Judicial Merit Selection Commission, Jane O. Shuler, 104 Gressette Bldg., P.O. Box 142, Columbia 29202. View the screening schedule online.

PMAP Tech Tip
It’s time to retire your old Windows XP computers. After April 8, 2014, Microsoft will stop releasing security patches for Windows XP; when this occurs, XP will no longer be HIPAA compliant. Computer experts predict a “feeding frenzy” of hacker attacks on XP will follow, so if you're still using computers with Windows XP, now is the time to upgrade. For questions about this or other technology issues in your firm, contact Courtney Kennaday at
pmap@scbar.org.

Bar Foundation summer newsletter now available
See why fiscal year 2013 is being called "a time of monumental achievement" in the
Bar Foundation summer newsletter. Get to know the 18 grant organizations that will be using Foundation funding to expand access to justice in South Carolina; meet the men and women who are representing South Carolina as leaders in the American Bar Association; and learn how to teach your kids to have a giving spirit like that of a Foundation grantee. Help us help them by downloading our donor form or making a gift online.

Advance Sheet update
August 28, 2013

The S.C. Supreme Court granted certiorari and affirmed Cope's convictions for murder, two counts of first degree criminal sexual conduct, criminal conspiracy and unlawful conduct toward a child. Specifically, the Court affirmed the Court of Appeals’ holdings that the trial court did not err in refusing to admit certain testimony, denying Cope's motion for severance or denying Cope's motion for a directed verdict on the conspiracy charge.
State v. Cope, Op. No. 27303 (S.C. Sup. Ct. filed August 28, 2013) (Shearouse Adv. Sh. No. 38 at 16), is available
online.
Justice Kittredge concurred in part and dissented in part in which Justice Pleicones concurred.

The Court held the S.C. Court of Appeals correctly affirmed the decision of the circuit court, as Bayshore S.C. and its parent corporation, Bayshore Corp., proved they were entitled to immunity from tort under the Workers’ Compensation Act’s exclusivity provision. However, in reaching this decision, the Court determined the Court of Appeals erred in its analysis as it should have utilized the alter ego theory rather than the contractor/subcontractor doctrine in determining whether tort immunity extended to Bayshore Corp. Furthermore, the Court of Appeals misinterpreted the Supreme Court’s decision in Harrell as a statutory employer can lose its immunity under the exclusive remedy provision if the employer fails to secure the payment of workers’ compensation as prescribed by the Workers’ Compensation Act. Because Bayshore S.C. and Bayshore Corp. secured such coverage, the Court held they retained their immunity. Accordingly, the Court affirmed as modified the decision of the Court of Appeals.
Poch & Key v. Bayshore Concrete Products, Op. No. 27304 (S.C. Sup. Ct. filed August 28, 2013) (Shearouse Adv. Sh. No. 38 at 50), is available
online
Chief Justice Toal and Justice Pleicones concurred in part and dissented in part in separate opinions.

After granting a petition for rehearing, the Court withdrew its previous opinion and affirmed the circuit court’s finding that Catterson is not personally liable for the actions of Catterson & Sons. After determining he did not owe a duty of care to Jade Street, the Court reversed the circuit court’s decision finding Aten personally liable for the negligent acts he committed while working for an LLC. Because Aten did not have a duty, the Court found it unnecessary to reach the novel issue of whether the LLC Act absolves an LLC member of personal liability for negligence while acting in furtherance of the company business.
16 Jade Street v. R. Design Construction, Op. No. 27305 (S.C. Sup. Ct. filed August 28, 2013) (Shearouse Adv. Sh. No. 38 at 73), is available
online
Justice Beatty concurred in result only.

The appellant argued the duration of lifetime electronic monitoring for a juvenile offender is so severe as to constitute a violation of the prohibition against cruel and unusual punishment. The Court rejected the appellant’s claim, finding electronic monitoring is not a punishment but a civil obligation similar to other restrictions the state may lawfully place upon sex offenders.
In the Interest of Justin B., Op. No. 27306 (S.C. Sup. Ct. filed August 28, 2013) (Shearouse Adv. Sh. No. 38 at 80), is available
online.
Justice Pleicones concurred in result only.

The Court reversed Gamble’s conviction for heroin trafficking, finding the trial court erred in admitting the seized heroin into evidence as the State failed to demonstrate that the drugs were seized as part of a legally permissible search and seizure.
State v. Gamble, Op. No. 27307 (S.C. Sup. Ct. filed August 28, 2013) (Shearouse Adv. Sh. No. 38 at 97), is available
online
Justice Pleicones dissented in a separate opinion.

In answering a certified question from the U.S. Court of Appeals for the Third Circuit, the Court declined to adopt the putative spouse doctrine as it is contrary to South Carolina’s statutory law and marital jurisprudence.
Hill v. Bell, Op. No. 27308 (S.C. Sup. Ct. filed August 28, 2013) (Shearouse Adv. Sh. No. 38 at 109), is available
online

Member reinstatement
By order of August 28 the Court reinstated David Arthur Braghirol to the Bar, subject to conditions.

Firm announcements
Barnwell Whaley Patterson & Helms, LLC announces that Jeffrey Bogdan has joined the firm as an associate located at 288 Meeting St., Charleston 29401. (843) 577-7700.

Joseph C. Good III
and Summer D. Eudy announce the opening of the Good Law Group, LLC and that Joseph C. Good Jr. has joined the firm as of counsel located at 82 Church St., Charleston 29401. (843) 412-1401.

Hull Barrett, PC announces that T. Paul Timmerman has joined the firm as an associate located at 801 Broad St., 7th Floor, Augusta, GA 30901. (706) 955-4820.

Robert E. Ianuario, PC announces that Matthew Canady has joined the firm as an associate located at 419 Vardry St., Greenville 29601. (864) 255-9988.

Lam Law Firm, LLC announces that Robert B. Strickland IV has joined the firm located at 1335 44th Ave., N., Ste. 100, Myrtle Beach 29577. (843) 839-9995.

McGee Law Firm, William H. Jordan and Martin Law Firm announce their merger and that the firm will be known as McGee Law Firm located at 113 Wappoo Creek Dr., Charleston 29412. (843) 762-2121.

McKay, Cauthen, Settana & Stubley, PA announces that Kelli L. Sullivan has been named a partner in the firm located at 1303 Blanding St., Columbia 29201. (803) 256-4645.

Nelson Mullins Riley & Scarborough, LLP announces that Tim Zwerner has joined the Charleston office as an associate located at 151 Meeting St., Ste. 600, 29401. (843) 853-5200.

Rogers Townsend & Thomas, PC announces that Harriet Pollitt Wallace has relocated to the Greenville office located at 401 N. Main St., Ste. 100, 29601. (864) 751-9980.

S.C. State University announces that Craig Burgess has been named general counsel with the university located at 300 College St., Orangeburg 29117. (803) 536-7000.

Trask & Howell, LLC announces that Benjamin Shoemaker has joined the firm located at 763 Johnnie Dodds Blvd., Mount Pleasant 29464. (843) 352-4007.

Willson Jones Carter & Baxley, PA announces that Justin T. Williams has joined the Columbia office located at 4500 Ft. Jackson Blvd., 29209. (803) 782-2520.

Calendar
August 30
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

September 9
Administrative and Regulatory Law Committee Meeting, Bar Building
Law Student Involvement Task Force Meeting, Conference Center

September 12
Board of Governors Meeting, Bar Building
Mock Trial Training, Bar Building

September 13
Children's Law Committee Meeting, Conference Center
Elder Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
Trial and Appellate Advocacy Section Council Meeting, Conference Call
Unauthorized Practice of Law Committee Meeting, Conference Center

September 20
Animal Law Committee Meeting, Bar Building
Ethics Advisory Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

September 26
Family Law Section Council Meeting, Bar Building

September 27
International Law Section Council Meeting, Conference Call
Professional Responsibility Meeting, TBA
Torts and Insurance Practice Section Council Meeting, Conference Call

To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at 
doelhafen@scbar.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.

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