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SC State Guard CLE 2021 DAY 1 Material

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SC State Guard CLE 2021 DAY 1 Material SC State Guard CLE 2021 DAY 1 Material Thursday, April 29 & Friday, April 30, 2021 presented by The South Carolina Bar Continuing Legal Education Division http://www.scbar.org/CLE This program qualifies for 15.33 MCLE credit hours, including up to 2.0 LEPR credit hour. SC Supreme Commission on CLE Course #: 214319 1 Table of Contents Day 1 Agenda ........................................................................................................................................3 Speaker Biographies .............................................................................................................................4 Introduction of South Carolina Military Law ....................................................................................8 COL Robert (Sam), Phillips, Esq. Drone Law ............................................................................................................................................13 MAJ J. Brooks Davis, Esq. Bankruptcy Law ..................................................................................................................................14 1LT Joshua McGlone, Esq. S.C. Bar’s Pro Bono Program ..............................................................................................................24 Betsy Goodale, Esq. Introduction to the U.S. Commission on Civil Rights .......................................................................25 Commissioner Stephen Gilchrist Statutory Employee Doctrine under the Workers’ Compensation Act and Employer requirement of COVID vaccine ................................................................................................................................. 41 1LT Josh Spencer, Esq. and Demetrius Pyburn Update—Workers Compensation .......................................................................................................70 T. Scott Beck, Esq., Workers’ Compensation Commission Chairman Probate Law ..........................................................................................................................................71 MAJ Andrew Holliday, Esq. Law of Armed Conflict .........................................................................................................................80 COL Larry Wedekind, Esq. Cyber Security During COVID-19 ......................................................................................................99 CPT Sybil Rosado, Esq. 2 SC State Guard Military Law CLE 2021 Program Agenda Day One -- April 29, 2021 7:00 a.m. Breakfast (provided) 8:00 a.m. Introduction to South Carolina Military Law Overview of South Carolina’s Organized Militia. COL Robert (Sam), Phillips, Esq., Staff Judge Advocate, SC State Guard. 9:00 a.m. Drone Law Overview of current drone law including a discussion of FCC Restrictions and FAA Emergency Waiver Law. MAJ J. Brooks Davis, Esq., SC State Guard. 9:45 a.m. Break 10:00 a.m. Bankruptcy Law Update on recent developments in federal bankruptcy law to include new provisions that favor military veter- ans. 1LT Joshua McGlone, Esq., SC State Guard. 10:45 a.m. S.C. Bar’s Pro Bono Program Overview of Bar’s Pro Bono program including the insurance and cost reimbursement services it makes available to all members of the SC Bar. Betsy Goodale, Esq., Pro Bono Program Director, SC Bar. 11:15 a.m. Introduction to the U.S. Commission on Civil Rights Commissioner Stephen Gilchrist, Chairman and CEO of the South Carolina African American Chamber of Commerce and member of South Carolina State Guard. 12:00 p.m. Lunch (provided) 1:00 p.m. Statutory Employee Doctrine under the Workers Compensation Act and Employer requirement of COVID vaccine. Review of South Carolina’s Workers Compensation Act regarding workers engaged in activity as general contractor’s/trade or occupation. 1LT Josh Spencer, Esq., SC State Guard and Demetrius Pyburn U.S. Army Reserve 1:30 pm Update - Workers Compensation Overview of issues associated with the COVID-19 Pandemic T. Scott Beck, Esq. Chairman, South Carolina Workers Compensation Commission. 2:15 p.m. Break 2:30 p.m. Probate Law Update & Overview of legal issues associated with simple wills, trusts and estates in South Carolina. MAJ Andrew Holliday, Esq., SC State Guard. 3:15 p.m. Law of Armed Conflict Introduction to Law of War (a.k.a. law of armed conflict) that is applicable to the United States Military. COL Larry Wedekind, Esq., SC National Guard. 4:00 p.m. Cyber Security During Covid19 CPT Sybil Rosado, Esq., SC State Guard 5:00 p.m. Adjourn 3 DAY 1 - - SPEAKER BIOGRAPHIES COL Robert (Sam), Phillips, Esq. Staff Judge Advocate, SC State Guard Staff Judge Advocate, SC State Guard, is a trial and appellate attorney who focuses on representing persons and small businesses who have been injured by the tortious conduct of others. Mr. Phillips graduated from the University of South Carolina’s School of Law and joined the South Carolina State Bar in 1999 after which he accepted a clerkship with the South Carolina Court of Appeals. Mr. Phillips has been representing individuals and small businesses in private practice since 2001. He is also an adjunct professor with the University of South Carolina’s Paralegal Certification Program where he has taught its torts and personal injury class since 2010. Prior to attending law school, Mr. Phillips served as an Armored Cavalry Officer in the United States Army. In July of 2014, he volunteered to serve with the South Carolina State Guard as the Deputy Commander of its Judge Advocate General (JAG) detachment. In January of 2019, Mr. Phillips was asked to serve as the Staff Judge Advocate (SJA) to the State Guard’s Commander and command the Guard’s JAG Detachment. An avid outdoorsman, Mr. Phillips holds a state certification (SARTEC II) to participate in search & rescue (SAR) missions with the State Guard. MAJ J. Brooks Davis, Esq. SC State Guard 1989 graduate of University of South Carolina, B.S. Finance; 2010 graduate of Charleston School of Law, J.D.; Investment banker for Merrill Lynch; Commercial pilot holding Aircraft Transport Pilot (ATP) certificate; Owned several aviation related companies including aircraft dealerships, service centers and aircraft management; Personally witnessed the 2001 attack on the WTC during a flight, decided to leave the private sector and get into law enforcement; Attended the FBI New Agent Training Program in Quantico, VA; Served the City of Charleston as a police officer and chief pilot; Started his own practice in 2012 focusing in aviation law and criminal defense; Joined the SC State Guard 2017, presently serves as liaison officer to Search and Rescue, Deputy JAG Commander, southern region; Ultimate goal in the State Guard is to be the first commissioned admiral in the history of the organization. Married, one child, lives in Mt. Pleasant, SC 1LT Joshua McGlone, Esq. SC State Guard Joshua McGlone is a Bankruptcy Attorney primarily representing consumers and small businesses throughout the Palmetto State. Joshua is a graduate of Marshall University, The Appalachian School of Law, and is member of the J. Bratton Davis American Inn of Court. a He is also a veteran of the Army Reserve where he served as a Combat Engineer. Currently he is a Member of the South Carolina State Guard's J.A.G. detachment. Joshua lives in Columbia with his wife and two children. Betsy Goodale, Esq. Pro Bono Program Director, SC Bar Betsy is a 1985 graduate of Clemson University where she earned a Bachelor of Science degree in nursing. Three years later she decided to attend law school with an eye towards combining her nursing and law degrees and practicing in health law area. However, upon graduation in 1991, she accepted a two-year position in the Staff Attorneys Office at the South Carolina Supreme Court for the next 17 years, only using her nursing degree to diagnose various ailments presented by employees at the Court! Betsy became Chief Staff Attorney in 2003 and remained in that position until August 2018 when she made the decision to retire from state government and accept the position of Director of the Pro Bono Program at the South Carolina Bar. 4 CPT Stephen Gilchrist, Chairman and CEO, South Carolina African American Chamber of Commerce Columbia, SC On May 7, 2020, President Trump appointed Stephen Gilchrist as a Commissioner of the U.S. Commission on Civil Rights. He was sworn in on May 13, 2020, and will serve until the expiration of his term on November 29, 2025. Mr. Gilchrist is the Chairman and CEO of the South Carolina African American Chamber of Commerce where he leads a membership of over 15,000 businesses in the Carolinas focusing on the significant needs of both large and small Minority and African American owned businesses. He is an authority and leading voice on national public policy initiatives which includes; educational reform, alternative energy sources, and financial and economic security for low-wealth communities. In addition to his many community involvement efforts, Mr. Gilchrist is a Minister of Music, Chairman of the Planning and Zoning Commission in South Carolina and a member of the Mastercard Master Your Card Corporate Advisory Board, which seeks to address concerns of un-banked and under banked communities in the United States. He is a former member of the Corporate Coalition, which consists of some of America’s top fortune 500 companies and a member of the Wal-Mart Foundation’s national effort to address hunger and food insecurities in the United States. Mr. Gilchrist is also a founding member of the International
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