Skidaway Institute of Oceanography
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Keynote Address
Get PDFDavid B. Fountain, executive vice president and general counsel, serves as the Tennessee Valley Authority’s (TVA) chief legal officer for enterprise matters. He also provides counsel to the Board of Directors and, as TVA’s Designated Agency Ethics Official, is responsible for promoting an ethical performance culture across TVA. Before assuming his current role, he was senior vice president and vice general counsel.
Fountain joined TVA in June 2020 after serving in various leadership roles for more than 20 years with Duke Energy and predecessor companies Progress Energy and Carolina Power & Light. His most recent title with Duke Energy, a Fortune 125 investor owned utility that provides electric and gas service to nearly 9.5 million retail customers across seven Southeastern states, was senior vice president-legal, chief ethics and compliance officer, and corporate secretary. Previously, he was Duke Energy’s North Carolina president, responsible for the financial performance of the company’s regulated electric utilities in its largest market—approximately 3.3 million electric retail customers. He was responsible for advancing the company’s rate and regulatory initiatives, managing state and local government relations, and leading its strategy for over 3,000 miles of waterways and shorelines.
Earlier at Duke Energy, Fountain served as senior vice president of enterprise legal support, leading the nuclear, commercial transactions, litigation, and environment, health and safety legal departments. Prior to the merger with Duke Energy, Fountain was vice president of the Progress Energy legal department, responsible for leading the company’s daily legal operations and the corporate secretary’s office.
Fountain earned his J.D., MBA, and undergraduate degrees from the University of North Carolina at Chapel Hill (UNC). Upon graduation, he practiced with what is now the Charlotte office of McGuireWoods, focusing on environmental, administrative, corporate, and transactional law.
Outside of work, Fountain is involved in various community and statewide organizations. He is a member of the UNC Board of Visitors; the Energy Center Advisory Board at UNC’s Kenan-Flagler Business School; and a member of the boards of the Shepherd’s Table Soup Kitchen, the YMCA of the Triangle and Dix Park Conservancy. Fountain is a former board chair of the North Carolina Chamber; the North Carolina Chamber Legal Institute; the Alexander YMCA; Leadership North Carolina; and Marbles Kids Museum. Fountain is a participant in Leadership Knoxville’s class of 2021
Empowering Family Forestland Owners to Reduce Wildfire Risk
Get PDFWildfire risk is growing in the forested portion of the Wildland-Urban Interface, especially in the Western United States. Some commentators have suggested that the time has come for measures that would reduce the human presence in this area. In certain circumstances, however, family forestland owners have a salutary effect on forest resiliency. The attempt to exclude family forestland owners would create more problems than it would solve. A better strategy would be to assist family forestland owners in fireproofing their residences and improving the health of their forests
Commerciality & Originality: Andy Warhol’s Impact on Analyzing Fair Use on Social Media
Get PDFThis Note creates a three-bucket commerciality approach for noncommercial content, advertisements, and monetized content to answer how copyright’s fair use protects social media content. To demonstrate its application, the bucket approach is applied to current discussions surrounding social media including video thumbnails, memes, reaction and commentary videos, music in videos, and news reporting. While there is no definitive answer to fair use, this Note attempts to provide clearer guidance using Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith’s lessons.
With the amount of social media content growing exponentially, copying of original content has become rampant. Though many social media posts may infringe on copyrights, fair use may provide a shield against copyright infringement. Over the past few decades, transformative use has been the go-to answer for deciding whether fair use applies to new works. Recently, the U.S. Supreme Court’s Warhol decision has pushed back against this method: transformative use must be balanced with commercial use when considering the first factor of fair use. Many critics argue that Warhol makes the fair use analysis more convoluted. While true in many traditional copyright cases, Warhol may improve fair use analysis as it applies to social media platforms, as less reliance is placed on the difficult transformative use determination
Hetherington featured in The Independent
No full textClinical Associate Professor & Wilbanks Child Endangerment and Sexual Exploitation Clinic Director Emma M. Hetherington was featured in The Independent regarding sex trafficking allegations at an Atlanta hotel. The article titled Customers complained about prostitution at this hotel chain for years. The company claimed it didn’t see it was written by Richard Hall and Alicja Hagopian and was published 7/8/24. The article was republished by other media outlets including Bloomberg Law and Yahoo! News
LeClercq publishes chapter in Oxford University Press book
No full textAssistant Professor Desirée LeClercq published Enforcing International Sustainability Standards on International and National Platforms in The Sustainability Revolution in International Trade Agreements (G. Vidigal and K. Claussen, eds.) (Oxford University Press, 2024)
Dennis and Rodrigues assume deanships
No full textCongratulations to Andrea L. Dennis and Usha R. Rodrigues for being named associate deans at the School of Law. Dennis will oversee academic affairs and student life, while Rodrigues will support the school\u27s faculty in pursuit of world-class scholarship and extramural funding
Rodrigues publishes article in BYU Law Review
No full textAssociate Dean, University Professor & Kilpatrick Chair of Corporate Finance and Securities Law Usha Rodrigues published Inequity in Equities: SPACs and the Expansion of the Retail Market in 49 Brigham Young University Law Review 1395 (2024) (with M. Stegemoller)
Meixner presents at CrimFest Conference
No full textAssistant Professor John B. Meixner Jr. presented his draft article Biased Mitigation at the 2024 CrimFest conference