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June 12, 2014

June 06, 2014

Welcome to the South Carolina Bar's E-Blast! 
June 12, 2014
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.

Board of Governors meets
The Board of Governors met Tuesday by conference call. The Board appointed William K. Witherspoon to the vacant position of treasurer and Elizabeth "Babs" Warner to the then-vacant position of secretary.

The Board called a special meeting of the House of Delegates on September 18 to discuss (1) the issue of reapportionment of the House prior to its meeting in January 2015, when action is required, and (2) a constitutional amendment to eliminate the requirement of two organizational years before the chair of the House of Delegates may be nominated to the office of president-elect.

Chris Koon, Byron Gipson and Mary Sharp were elected to the Bar Foundation Board of Directors. An amendment to the Foundation bylaws to designate service on the Foundation Board by the Bar treasurer and secretary, instead of the Bar president and president-elect, was approved.

Questions when Purchasing Malpractice Insurance
In Ask the Right Questions When Purchasing Malpractice Insurance, ALPS Risk Manager Mark Bassingthwaighte explains the best way to evaluate insurance companies before choosing a malpractice policy.
Read the article and learn how to compare policies on the coverage issues that are important to your practice and compare the services that are important to you personally.

Volunteers needed: Lawyers 4 Vets 
The S.C. Appleseed Legal Justice Center, the Veteran Justice Outreach Program at the Dorn VA Medical Center and members of the S.C. Bar established the Pro Bono Veterans Legal Clinic, which connects lower-income veterans with local attorneys who will provide one-on-one pro bono legal advice and/or representation. Clinics will be held on the third Thursday of each month through December 2014, from 9 a.m. to noon, at the VA Dorn Medical Center. To learn more about volunteering,
visit the website or contact Ashley Thomas at athomas@scjustice.org or (803) 779-1113, ext. 113.

Judicial vacancy
A vacancy in a Charleston magistrate judge position was created upon the confirmation of Judge Bruce Howe Hendricks as U.S. District Judge on June 4. The duty station and chambers for this magistrate judge position will be in Charleston, and the selected applicant will be required to reside in the Charleston division. Applications will be collected through Monday, July 7. Additional information and the application can be found
online.

PMAP Tech Tip
A few weeks ago, news broke that the popular encryption tool TrueCrypt has been retired. Since the announcement, the tech world has been abuzz with speculation about what happened, but there are no clear answers at this point. So if TrueCrypt was your go-to for encryption, where do you turn now for your encryption needs? Windows Bitlocker is a viable replacement for TrueCrypt. Bitlocker is included in Windows 8 and also available on Windows Vista and 7 Ultimate or Enterprise editions. Click here for a beginner’s guide to Bitlocker. If you don’t have the correct version of Windows for BitLocker, DiskCryptor (an open encryption solution) is another option. For more alternative encryption tools, read this article. Contact PMAP for free assistance with your law practice at pmap@scbar.org.

Bar Foundation summer newsletter available online
See what happened on the Foundation's road to summer in its latest newsletter—the best moments from Gala 2014, the results of the Foundation’s participation in Midlands Gives and more. Help the Foundation help its grantees by downloading the donor form or making a gift online.

Roberts murder case featured in TV series
The murder case of York County attorney and 2014 Memory Hold the Door Honoree Melvin Roberts will be featured on Investigation Discovery’s Southern Fried Homicide series on Thursday, June 26, at 10 p.m. The episode profiles the 2010 murder of Melvin Roberts by longtime girlfriend Julia Phillips, who is currently serving life in prison. 
Click here to find Investigation Discovery in your television lineup.

Advance Sheet update
June 11, 2014
After certifying this case pursuant to Rule 204(b), SCACR, the S.C. Supreme Court determined the appellants are entitled to equitable indemnification for the attorney’s fees and costs they incurred in defending the lawsuit. The Court, accordingly, reversed the decision of the trial court and remanded for further proceedings consistent with this opinion.
McCoy v. Greenwave Ent., Op. No. 27397 (S.C. Sup. Ct. filed June 11, 2014) (Shearouse Adv. Sh. No. 23 at 15), is available
online

In this products liability case, the Court granted a writ of certiorari to review the Court of Appeals’ holding that 5 Star’s witness was not qualified to offer expert testimony as to whether Ford exercised due care in designing the deactivation switch. The Court reversed, finding the witness was properly qualified as an expert witness and his testimony provided a sufficient basis to deny Ford’s directed verdict motion and to submit the case to the jury. The Court remanded the case to the Court of Appeals for resolution of the remaining issues Ford raised in its appeal.
5 Star, Inc. v. Ford Motor Co., Op. No. 27398 (S.C. Sup. Ct. filed June 11, 2014) (Shearouse Adv. Sh. No. 23 at 21), is available
online

This opinion, originally filed March 26, 2014, was withdrawn, substituted and refiled June 11, 2014. The S.C. Court of Appeals affirmed the trial court’s ruling the statute of limitations did not bar the bank from bringing this breach of contract action. The court, however, reversed the trial court’s grant of summary judgment in favor of the bank, finding the trial court erred in holding appellant Cosman’s liability under the guaranties was not extinguished as a matter of law. Based on its disposition of the trial court’s grant of summary judgment, the court did not address the remaining argument on appeal.
CoastalStates Bank v. Hanover Homes of South Carolina, LLC, Op. No. 5211 (S.C. Ct. App. filed June 11, 2014) (Shearouse Adv. Sh. No. 23 at 29), is available
online

This opinion, originally filed April 23, 2014, was withdrawn, substituted and refiled June 11, 2014. The court affirmed the circuit court’s finding that when conducting a Horizontal-Gaze Nystagmus test, an individual’s head must be shown in the video recording in order for the sobriety test to be properly recorded under S.C. Code Ann. Sec. 56-5-2953(A). The court, however, vacated the circuit court’s finding Gordon’s head was not visible in the recording and remanded the case to the magistrate court to make the necessary factual findings as it never made any regarding the visibility of Gordon’s head in the video.
State v. Gordon, Op. No. 5226 (S.C. Ct. App. filed June 11, 2014) (Shearouse Adv. Sh. No. 23 at 43), is available
online

In this driving under the influence case, the court reversed the decision of the circuit court, finding the magistrate court did not err in denying Abraham’s motion for a directed verdict and submitting the case to a jury.
State v. Abraham, Op. No. 5238 (S.C. Ct. App. filed June 11, 2014) (Shearouse Adv. Sh. No. 23 at 50), is available
online

The court affirmed the order of the Appellate Panel of the Workers’ Compensation Commission, finding Shatto suffered a compensable, work-related injury and was entitled to workers’ compensation benefits.
Shatto v. McLeod Regional Medical Centre, Op. No. 5239 (S.C. Ct. App. filed June 11, 2014) (Shearouse Adv. Sh. No. 23 at 56), is available
online

Gray appealed his convictions for murder and first-degree lynching, arguing the trial court erred in admitting certain autopsy photographs under Rule 403, SCRE. The court affirmed, finding the trial court acted within its discretion in admitting the photographs.
State v. Gray, Op. No. 5240 (S.C. Ct. App. filed June 11, 2014) (Shearouse Adv. Sh. No. 23 at 62), is available
online

In memoriam

Rex Lyle Carter, 88, of Greenville died June 9. His obituary can be found
here.

Firm announcements
Axelrod & Associates, PA announces that Tristan M. Shaffer has joined the Myrtle Beach office as an associate located at 604 16th Ave., N., Myrtle Beach 29577. (843) 916-9300.

Chicago Title Insurance Company
announces that Jennifer Wile Rubin has joined the company as vice president and underwriting counsel located at 3700 Forest Dr., Ste. 201, Columbia 29204. (803) 790-5620.

The Clekis Law Firm, PA announces that John T. Gentry III has joined the firm as an associate located at 171 Church St., Ste. 160, Charleston 29401. (843) 720-3737.

King, Love & Smith, LLC announces the relocation of the Florence office to 135 S. Dargan St., Ste. 201, 29501. (843) 407-5525.

Murphy & Grantland, PA announces that Elliott B. Daniels has joined the firm as an associate located at 4406-B Forest Dr., Columbia 29206. (803) 782-4100.

Riley, Pope and Laney, LLC announces that Meredith M. Robertson has joined the firm located at 2838 Devine St., Columbia 29205. (803) 799-9993.

Slotchiver & Slotchiver, LLP announces that Andrew J. McCumber has joined the firm as a litigation associate located at 44 State St., Charleston 29401. (843) 577-6531.

Thurmond Kirchner Timbes & Yelverton, PA announces that Thomas J. Rode has joined the firm as an associate located at 15 Middle Atlantic Wharf, Ste. 101, Charleston 29401. (843) 937-8000.

Calendar
June 13
Elder Law Committee Meeting, Conference Call

June 19
Family Law Section Council Meeting, Conference Call

June 20
Ethics Advisory Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

June 23-27
S.C. Supreme Court Institute, Columbia

June 27
Education Law Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Conference Center

July 8
Project Citizen Training, Bar Building

July 10
Community Association Law Committee Meeting, Bar Building

July 11
Children's Law Committee Meeting, Bar Building
Elder Law Committee Meeting, Bar Building

July 14
Administrative and Regulatory Law Committee Meeting, Bar Building

July 17
Torts and Insurance Practices 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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