Beth is a highly skilled problem solver who has dedicated her career to serving employers, healthcare providers, and innovators throughout the southeast region. With over 16 years’ experience, Beth advises clients in heavily regulated healthcare and employment environments with a focus on managing risk, fostering healthy workplaces, and encouraging client innovation.
Beth counsels employers on a wide range of employment matters, including wage and hour compliance, anti-discrimination policies and practices, disability and medical leave compliance, hiring, termination, and reductions in force. Due to the heightened regulatory requirements impacting healthcare employers and professionals, clients rely on Beth as counsel of choice due to her expertise in evaluating, drafting, and negotiating a wide variety of agreements with critical state and federal healthcare and employment compliance implications.
She also assists clients in identifying, preventing, and resolving regulatory and enforcement issues over a broad array of health specialties, including medical, pharmaceutical, laboratory, dental, chiropractic, medical device, and mental health. Regardless of client size or level of sophistication, Beth approaches all matters with efficiency, tenacity, and integrity.
Beth began her legal career in 2005 as a federal judicial clerk to the Honorable Henry Coke Morgan, Jr., Senior United States District Court Judge for the Eastern District of Virginia. Following her clerkship, Beth relocated to Charlotte, North Carolina where she practiced as a litigator and a business, employment, and healthcare lawyer. In 2019, Beth and her family relocated to the Cape Fear region to enjoy clean air, water, and more time with her family.
Beth has significant experience counseling clients on employment and healthcare issues, with specific expertise outlined below.
Beth’s employment expertise includes the following:
- Providing up to date COVID-19 guidance, policies, risk analysis, and workplace safety strategies, including counsel for state and federal vaccination and mask mandates.
- Defending state and federal discrimination, retaliation, harassment, disability, and whistleblower claims, including claims under Title VII, Section 1981, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and the Age Discrimination in Employment Act (ADEA).
- Defending state and federal wage and hour claims, including class actions and independent contractor misclassification claims, under the Equal Pay Act, Fair Labor Standards Act (FLSA), and state statutes.
- Representing employers at all stages of government agency actions, including investigations, audits, and enforcement measures before the Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), and Occupational Safety and Health Administration (OSHA).
- Drafting and negotiating employment-related contracts spanning all phases and types of workplace relationships, including employment agreements, independent contractor agreements, sales commission plans, executive and key employee agreements, separation, severance, and transition agreements, as well as reduction in force agreements and documentation.
- Providing counsel, transactional assistance, and dispute resolution surrounding employee retention, trade secret protection, and market competition, including evaluation and drafting of restrictive covenants, noncompete agreements, nonsolicitation agreements, and confidential and trade secret protections.
- Providing ongoing and responsive employment and HR consulting on issues such as hiring, firing, recruiting, compensation, promotion, discipline, medical leave, disability, accommodation and interactive processes, fitness-for-duty, policies and procedures, employee handbooks, and employee privacy issues.
Beth’s healthcare expertise includes the following:
- Providing critical compliance counsel regarding state and federal laws governing referrals and compensation structures, including the federal Anti-Kickback Statute (AKS), Stark Law, Eliminating Kickbacks in Recovery Act of 2018 (EKRA), False Claims Act, and state self-referral laws and governing board standards.
- Evaluating, drafting, and negotiating key corporate, structural, and compensation agreements to comply with AKS, Stark and EKRA regulations, and state corporate practice of medicine doctrines, including safe harbor agreements such as bona fide employment agreements, personal services agreements, and management services agreements.
- Providing counsel on a wide range of health data security and privacy issues under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH), and the HIPAA Omnibus Final Rule, including counsel on privacy and security compliance and managing providers’ security incident response, including breach notification evaluation, remediation, and potential breach reporting.
- Representing buyers, sellers, and management organizations in healthcare-related mergers & acquisitions, including drafting and negotiation of core purchase agreements, providing healthcare-specific due diligence, providing counsel relating to the handling of patient records and assets involving PHI, and negotiating with industry management organizations, such as practice management organizations and dental support organizations (DSOs).
- Drafting provider, vendor, consulting, and contractor agreements to ensure compliance with federal and state privacy laws, including Business Associate Agreements and implementation of security and privacy protections.
- Counseling healthcare professionals on state licensing and governing board compliance, including representation for board complaints, investigations, and enforcement actions.
- Collaborating with clients and industry specialists in the development and marketing of direct-to-consumer products and medical devices, including initial classification, premarket and FDA approval, authorization applications, and aftermarket compliance.
- Counseling clients on state and federal requirements for offering telehealth and digital health services and assisting providers in developing compliant telehealth and digital health programs.
Honors & Recognitions
- The Best Lawyers in America©, Medical Malpractice Law, 2019-present
- Rising Star, North Carolina Super Lawyers
- WILMA Leadership Institute – Class of 2021
- Member, American Health Lawyers Association
- Member, American Bar Association, Health Law and Employment Law Sections
- Member, Healthcare Compliance Association
- Former Board Member, North Carolina Association of Defense Attorneys
- Member, North Carolina Bar Association