NCLAWYERSWEEKLY.COM Part of the
VOLUME 34 NUMBER 21 ■
OCTOBER 24, 2022 ■ $8.50
network
SOMETHING IN THE WATER
public to use such public waters to fish.” According to the lawsuit, the state has breached this duty by permitting for-profit harvesting of finfish or shellfish in quantities or through methods that cause overexploitation or undue waste to coastal fisheries resources. The plaintiffs requested that the court declare the state breached its obligation under the public trust doctrine and enjoin the state from committing further breaches. In response, the state filed a motion to dismiss arguing that the
Former Virginia Secretary of Commerce and Trade Brian Ball is returning to his former law firm, Williams Mullen, according to a news release from the firm. Ball rejoined Williams Mullen on Oct. 10 as of counsel in its corporate section, supporting and serving the firm’s Economic Development Team and aiding clients with business expansion needs. He’ll be based in the firm’s Richmond office. Before serving as commerce secretary under Gov. Brian Ball Ralph Northam, Ball was with Williams Mullen for nearly 30 years as a partner, general counsel and a member of the firm’s board of directors. “We are thrilled to have Brian return to us in a new capacity,” Williams Mullen Chairman, President and CEO Calvin W. “Woody” Fowler Jr. said in a statement. “His knowledge of our firm and its resources, combined with his insight in working effectively with the governor’s office and cabinet secretaries, make him an incredibly valuable asset to clients looking to locate and grow their businesses in the commonwealth and beyond.” As Virginia’s commerce and trade secretary from 2018 to 2022, Ball was instrumental in some of the state’s biggest deals, includ-
S e e Tr u s t P a g e 6 ►
See State Page 6 ►
A lawsuit claims North Carolina breached its duty regarding harvesting of finfish and shellfish in public waters. DepositPhotos
Court of Appeals: State must face public trust breach suit ■ BY CORREY E. STEPHENSON BridgeTower Media Newswires Sovereign immunity does not prohibit an environmental organization from asserting a claim of breach of trust against the state under the public trust doctrine, a panel of the North Carolina Court of Appeals has ruled, affirming the denial of the state’s motion to dismiss the action. In November 2020, Coastal Conservation Association (CCA) and citizens and residents of North Carolina filed a complaint against the state, alleging breach of trust under the public trust doctrine as well as direct viola-
tions of Article I, Section 38 and Article XIV, Section 5 of the state Constitution. Specifically, the plaintiffs alleged that the “doctrine imposes a fiduciary duty on the state to manage and regulate the harvest of coastal finfish and shellfish in a way that protects the right of current and future generations of the public to use public waters to fish. As a result, the state may not allow the harvest of finfish or shellfish in public waters in quantities or by methods that cause unnecessary waste or impair the sustainability of fish stocks, which in turn threaten the right of current and future generations of the
Former state official returns to law firm
Raleigh-based attorney receives lifetime service award Nexsen Pruet economic development attorney Ernest C. Pearson was honored with the Lifetime Service Award from the North Carolina Economic Developers Association (NCEDA) at its annual fall conference in Asheville on Oct. 4, according to a news release from the firm. Pearson is a member in Nexsen Pruet’s Raleigh office and has unparalleled experience in economic development matters. As Assistant Secretary for Economic Development during one of North Carolina’s most successful periods of economic growth, he worked with scores of economic development projects and has counseled more than one hundred companies in site selection and incentive negotiation projects.
In addition to his role as general counsel to the NCEDA Foundation, Pearson crafts creative and successful solutions for companies expanding existing or locating new facilities. This experience benefits local and regional economic developErnie Pearson ment efforts by leading them to cost effective approaches to economic development successes. “Ernie’s work in North Carolina economic development spans decades of successful leadership and innovative deal-making. His impact on our state’s growth is profound. He is a wonder-
ful partner and a great friend to me,” said Chris Kouri, Charlotte Managing Partner at Nexsen Pruet. Best Lawyers in America listed Pearson as one of only 28 lawyers in the country in the category of Economic Development in 2013, and he has been listed in this category every year since. He earned his J.D. from UNC Chapel Hill and his B.A. from NC State University. Founded in 1945, Nexsen Pruet serves clients from nine offices across the Southeast. With more than 200 lawyers and professionals, the firm provides regional, full-service capabilities with international strengths. Staff report
INSIDE BAR DISCIPLINE ROUNDUP
VERDICTS & SETTLEMENTS
COMMENTARY
Attorney suspended for increasing fees, failing to pay
Woman settles for $1.5M after18-wheeler crash
Best practices to resuce risk of whistleblower claims
Page 2
Page 3
Page 5