2021 Business Torts in South Carolina


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About the Seminar
The SC Bar CLE Division is pleased to present “Business Torts in South Carolina.” This special half-day seminar features three lively panel discussions on the present and future of business torts and e-discovery taught by a distinguished and experienced array of judges and practitioners. We are also very pleased to debut the brand-new SC Bar CLE publication, South Carolina Business Torts by Cory E. Manning. If you litigate business torts from either the defense or plaintiff perspective, or represent any size business in South Carolina, you won’t want to miss this powerful program or this new publication!

In its First Edition, South Carolina Business Tortsby Cory E. Manning, provides the practitioner with comprehensive research of South Carolina law on those causes of action that frequently arise in business tort scenarios and commercial disputes. Well organized and replete with case law, it is mainly intended as a research starting point; however, more in-depth treatment is provided in many areas that Manning has seen in his years as a commercial litigator and as an adjunct professor on this area of the law. In addition, the book includes a discussion of the origin and development of common law surrounding these causes of action, which can assist practitioners in focusing and contextualizing their research and arguments based on the same.

The book covers and discusses the following causes of action:

- Breach of Contract Accompanied by a Fraudulent Act

- Breach of Fiduciary Duty

- Civil Conspiracy

- Defamation

- Fraud/Misrepresentation

- Insurance Bad Faith

- Interference with Contractual Relationship

- Interference with Prospective Contractual Relationship

- Negligent Misrepresentation

- Quantum Meruit/Unjust Enrichment

- Trade Libel and Commercial Disparagement

- Unfair Competition

- South Carolina Unfair Trade Practices Act

- Corporate or Commercial Waste

Seminar Agenda
The SC Business Court – Creation, Evolution, Practice, and Present Relevance

The panel will focus on the South Carolina Business Court and discuss each panelists’ experience in litigating/presiding over matters in that court, suggesting tips for efficiency and possible improvement of this option for business tort litigants.
Honorable Jean Toal - S.C. Supreme Court (Retired)
Honorable Clifton Newman - S.C. Circuit Court
Honorable Roger Young - S.C. Circuit Court
Carmen Thomas - Nelson Mullins Riley & Scarborough, LLP
Peter Protopapas - Rikard & Protopapas, LLC
Electric Discovery and Commercial Litigation – Is there any end in sight?
The panel will focus on the continued expansion of electronic discovery and each panelists’ experience in litigating business tort matters involving perplexing electronically stored information (ESI) questions, how those questions affect litigation strategy (not just cost), and possible solutions for addressing the same. Rule 26(f), ESI protocols, Rule 26 and 34, plus more granular topics will be discussed.
Honorable Roger Young - S.C. Circuit Court
Honorable Clifton Newman - S.C. Circuit Court
Jarrett Coco - Nelson Mullins Riley & Scarborough, LLP
Chris Kenney - Richard A. Harpootlian, PA
ADR/Mediation – Is There a Better Option?
The panel will focus on alternative dispute resolution in business cases and discuss each panelists’ experience in various forms of ADR.  Questions that may come up are: (i) Is it really a more cost-effective option; (ii) Enforceability of ADR provisions under South Carolina law; and (iii) how to effectively use ADR to resolve business tort matters.
Honorable Jean Toal - S.C. Supreme Court (Retired)
Thomas J. Wills - Wills Massalon & Allen LLC
Amy Hill - Gallivan, White & Boyd, PA
Beth Richardson - Robinson Gray Stepp & Laffitte, LLC

Mandatory MCLE Credit Hours

This seminar qualifies for 3.5 MCLE credit hours.

This seminar is an Intermediate level program.

Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2022, please use this course code:  223686ADO.

Note: When submitting your compliance reports to the SC Commission on CLE and Specialization, if you completed this in 2023, please use this course code: 232055ADO. 

 

 

 

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The South Carolina Bar is an accredited CLE provider in South Carolina only. Attorneys are responsible for seeking their own credit in other jurisdictions.

Disclaimer: The views expressed in CLE programs and publications do not necessarily reflect the opinions of the South Carolina Bar, its sections, or committees. The South Carolina Bar believes that all Bar members have the right to both meaningful learning and to the exchange of ideas in a civil environment. The Bar reserves the right to remove or exclude any person from a Bar event if that person is causing inappropriate disturbance, behaving in a manner inconsistent with accepted standards of decorum, or in any way preventing fellow Bar members from meaningful participation and learning.

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