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View Session Descriptions: Click on the down arrow at the left of each time slot to view a drop-down list of courses for the 2015 Festival of Legal Learning (download session descriptionsPDF).

Registration: Now, you can see what's available and make your course selections at the start of the registration process! Simply check the button to the left of the title of your choice, and when you are ready to lock-in your selections, click Register Now at the bottom of the screen to continue (you will be able to review and change your selections before you complete registration).

Session 01: Friday, February 13, 2015, 8:00 AM - 9:00 AM

(Not Attending)

01-01: Advising and Litigating Residency Cases

Thomas P. Holderness, Robinson, Bradshaw & Hinson

Unless your client puts everything in a moving truck and leaves this state for good, the N.C. Department of Revenue will likely claim your client is still a North Carolina resident. This session will cover how to advise clients before, during, and throughout a move to another state. The session also offers practical pointers about how to handle an audit and how to litigate against the Department of Revenue.

01-02: Challenges for Legal Education in 2015: The New Landscape

John Charles Boger, Dean and Wade Edwards Distinguished Professor of Law, UNC School of Law

This talk will cover the continuing national decline in law school admissions, prompted by sharp increases in tuition at many leading law schools, the apparent weakness of the legal employment market for young law graduates, and other concerns. It will report on strategic and tactical choices being made by various legal educators, including adjustment of their admissions strategies, class sizes, scholarship assistance, faculty sizes, and programs of legal education. It will address some implications of these changes for law firms and other legal employers who are adjusting to the realities of this new era.

01-03: Cost and Confusedness of the North Carolina System of Pre-Final-Judgment Appeals

Jerry Hartzell, Hartzell & Whiteman, LLP

An astonishingly large part of the North Carolina Court of Appeals’ civil caseload concerns the question of whether appeals are proper “substantial right” interlocutory appeals.   The North Carolina courts have developed an idiosyncratic body of appealability law that affords only limited predictability and generates substantial inefficiencies.  Efficiencies could be greatly improved, either with or without wholesale changes to existing law.

01-04: Four Lawsuits and the Impending Apocalypse of the NCAA

Paul J. Batista, Associate Professor, Department of Health & Kinesiology, Texas A&M University and Barbara J. Osborne, Associate Professor, Department of Exercise & Sport Science, UNC-Chapel Hill

While college athletics has existed since the late 1800s, there have never been more serious legal threats to the NCAA regulatory structure than there are today. A trio of antitrust lawsuits and a National Labor Relations Board (NLRB) ruling currently threaten the core of the NCAA's amateurism principles. This presentation will provide an overview of the O'Bannon, Alston, and Jenkins litigation, analyze the potential for success, and discuss how these lawsuits win or lose, will likely impact NCAA governance in the future. Similarly, the NCAA appeal of the Colter NLRB decision will be examined and discussed.

01-05: Fraud, Vulnerability and Aging (Update)

David N. Kirkman, Special Deputy Attorney General, Consumer Protection Division, N.C. Department of Justice

This session will examine the various age-related vulnerabilities that make older consumers major targets of fraud, the latest techniques that fraud groups have developed to exploit those vulnerabilities and steps attorneys can take to prevent further harm to their clients and perhaps recoup some of their losses. Recent regulatory changes designed to address the problem will be discussed, as well.

01-06: Immigration Basics

Deborah M. Weissman, Reef C. Ivey II Distinguished Professor of Law, UNC School of Law

This course will cover the history of immigration laws, provide a basic overview of immigration laws, discuss concepts of discretion in immigration laws, examine state and local immigration enforcement issues, and review comprehensive immigration reform efforts.

01-07: Lawyers, Writing, Professionalism, Aging and Retirement

David G. Martin Jr., Host, UNC TV’s North Carolina Bookwatch

This presentation will focus on the work of lawyer-authors about the challenges that face lawyers in everyday life that confront professionals as they face retirement.

01-08: Opening the Door: The Desegregation of UNC School of Law

Richard A. Rosen, Professor of Law Emeritus, UNC School of Law

Rosen will lead a discussion about the lengthy struggle during the first half of the twentieth century by African American students seeking to desegregate UNC School of Law. Topics will include the successful litigation in McKissick v. Carmichael that opened the doors of the law school to African American and other students of color as well as the difficulties encountered by the first wave of such students to enroll. ***This session is the live version form UNC Law Festival 2014 Online.

01-09: Shape of the Coast: Examining Community Resilience in Virginia’s Coastal Zone Through a Social Vulnerability Index: Lessons for North Carolina

Carlton H. Hershner Jr., Director of Center for Coastal Resources Management and Professor of Marine Science, Virginia Institute of Marine Science and Sarah L. Stafford, Professor of Economics and Director of the Thomas Jefferson Program in Public Policy, College of William & Mary

An interdisciplinary group at the College of William and Mary has been examining social vulnerability and community resilience in Virginia’s coastal zone. With a goal of informing local government managers, the group has been investigating the construct of social vulnerability indices (SOVI). The work is investigating various parameters typically included in SOVI and the patterns of vulnerability detected in coastal Virginia. The work is also attempting to develop a calibration and validation of vulnerability indices by examining community responses to significant coastal storms.

01-10: Substance Abuse and Deep Insights for Attorneys (SA)

Thomas P. Britton, Division President, Eating Disorders and Weight Management, CRC Healthcare

This session will encourage participants to explore very deeply their assumptions regarding substance abuse, whether those beliefs apply in working with clients or in dealing with their own demons. What do you (and the law) understand when we refer to “substance abuse?” What assumptions do we hold regarding responses to substance abuse and possible interventions (such as 12-step programs)? Join us to explore these issues and more. 

Session 02: Friday, February 13, 2015, 9:10 AM - 10:10 AM

(Not Attending)

02-01: Ethical Supervision: Working with Beginners: An Update (PR)

Maria Savasta-Kennedy, Clinical Professor of Law and Director, Externship Program, UNC School of Law and Janine M. Zanin, Clinical Assistant Professor of Law and Faculty Supervisor, Externship Program, UNC School of Law

This session will provide a refresher on the ethical obligations of senior lawyers when working with beginning lawyers and law students including recent developments related to mentoring programs. The presenters oversee the UNC Law Externship program and will share tips and best practices generated from experience working with students and supervising attorneys.

02-02: Everett et al v. Pitt County Schools: the Future of School Desegregation Litigation

Mark Dorosin, Managing Attorney, Center for Civil Rights and Adjunct Professor of Law, UNC School of Law and Elizabeth M. Haddix, Staff Attorney, Center for Civil Rights, UNC School of Law

Like many southern school districts, Pitt County Schools was placed under a federal court order to desegregate over 40 years ago. In 2008, a new era of litigation began and the school board, parents, activists, the community and ultimately the court had to confront the viability of the existing orders and of school integration generally. With over 150 school districts in the South still subject to court order, this case study offers unique and timely insights into the continuing challenges of fulfilling the legacy of Brown and achieving meaningful school integration

02-03: Helping Family Firms Navigate Succession

Cooper Smith Biersach, Co-Founder & Director, UNC Kenan Flagler Business School's Family Enterprise Center and Steve Miller, Co-Founder and Lecturer of Strategy & Entrepreneurship, UNC Kenan-Flagler Business School's Family Enterprise Center; President, GenSpan, Inc

Family-controlled businesses are characterized by challenges that threaten their continuity and by distinct core competencies that can result in unique competitive advantages. The challenges are primarily the result of issues presented by the interaction of family, management, and ownership – particularly where the family wishes to perpetuate its influence and control from generation to generation. The vast majority of family-controlled businesses experience difficulty moving from one-person general management to an institutionalized competence that will allow for success across generations. This session will raise awareness about the evolutionary stages in the life of a family business and the challenges and opportunities that must be managed at each stage, including the critical role family culture plays in fostering or inhibiting the development of next-generation family leaders. Attorneys will leave this session with awareness of key issues and with a list of family business resources to share with clients.

02-04: How to Handle the Intersection of Workers’ Comp, FMLA and the ADA

Patricia W. Goodson, Brooks, Pierce, McLendon, Humphrey & Leonard and Melissa H. Weaver, Brooks, Pierce, McLendon, Humphrey & Leonard

State workers’ compensation laws and federal laws such as the Family Medical Leave Act and the Americans with Disabilities Act each provide certain protections to employees in the workplace. Each of these laws has different objectives and requirements, however, and they don’t always play nicely together. Employers are charged with understanding the rules and applying them to the unique situations of their individual employees. We will explore the requirements of each statute, and provide a framework for employers to use to apply these laws to their employment practices and policies and to their employee benefits programs. 

02-05: Human and Civil Rights in Post-Conflict Rwanda

Thomas A. Kelley III, Paul B. Eaton Professor of Law, UNC School of Law

In 1994, Hutu extremists in Rwanda hacked and bludgeoned to death more than a million Tutsis and politically moderate Hutus in less than one hundred days. Today, the country is stable and prosperous, but its political leaders are criticized for failing to respect its citizens' human, civil and political rights. Using Rwanda as an example, this session will explore tensions between security and rights in post-conflict societies.

02-06: Navigating the N.C. SAFE Act: Mortgage Licensing in the Post-Crisis Era

Sara Kroll Weed, Director and Counsel, Non-Depository Entities Division, North Carolina Office of the Commissioner of Banks

This session will provide an overview of the licensing requirements specific to the mortgage business in North Carolina, spanning the life of the mortgage loan from origination to servicing. Discussion will also include substantive provisions that apply to all market participants, even those exempted from licensure under the Act. Learn more about how North Carolina's SAFE Act might affect your clients, whether you represent consumers or creditors.

02-07: North Carolina General Assembly: Information for Lawyers That Don't Practice There

John E. Turlington, Brooks, Pierce, McLendon, Humphrey & Leonard and Susan Fetzer Vick, State Governmental Affairs Director, Duke Energy

This session provides details about key actions taken by the 2013-14 sessions of the General Assembly on a variety of topics including tax reform, health care, the environment, transportation and economic development and previews the agenda for the 2015 session. It seeks to provide useful information to attorneys who need to know what's happening in Raleigh but do not regularly represent clients at the legislature.

02-08: Trademark Registration and the Role of Counsel

Deborah R. Gerhardt, Assistant Professor of Law, UNC School of Law and Jon P. McClanahan, Clinical Associate Professor and Director, Academic Success, UNC School of Law

Trademarks are the symbols that embody the story of an organization. Does it make sense to register them?  When resources are scarce, does it make sense for businesses to precede pro se? Do experienced trademark lawyers provide added benefits? Join us to explore these questions. As an added bonus, you'll see why empirical (evidence-based) research is trending in the legal academy.

02-09: Shape of the Coast: Legal and Policy Issues Associated with Incorporating Social Demographics in Resiliency Planning

Roy A. Hoagland, Visiting Professor of Practice and Director of Virginia Coastal Policy Clinic (VCPC), College of William & Mary Law School and Lisa C. Schiavinato, Law, Policy and Community Development Specialist, N.C. Sea Grant College Program and Co-Director, N.C. Coastal Resources Law, Planning, and Policy Center

Related to the work the Virginia Institute of Marine Science and the College of William & Mary on community resilience, the North Carolina Coastal Resources Law, Planning, and Policy Center and the Virginia Coastal Policy Clinic at William & Mary Law School have partnered to examine the legal and policy issues associated with local government use of vulnerability indices for planning purposes. This presentation will include discussion of their findings, but also include discussion of strategies being considered in coastal Virginia and beyond to help make their communities more resilient from coastal storms.

02-10: Toolbox for Domestic Violence Practitioners: Dynamics and Legal Remedies [1 of 3]

Sherry Honeycutt Everett, Staff Attorney, Domestic Violence Prevention Initiative, Legal Aid of NC and Adjunct Assistant Professor, UNC School of Law and Elizabeth Froehling, Director, Student Life and Pro Bono Opportunities, Campbell University School of Law

This section will include an overview of the dynamics and prevalence of domestic violence in North Carolina. In addition, civil and criminal legal remedies will be covered, including domestic violence protective orders, civil no-contact orders, workplace violence protective orders, address confidentiality programs, landlord/tenant protections, and criminal prosecution. Local, state, and national resources will also be shared with participants. 

"Toolbox for Domestic Violence Practitioners" is a three-hour course that begins in Session 2 and ends with Session 4. Participants are encouraged to attend all sessions.

Session 03: Friday, February 13, 2015, 10:20 AM - 11:20 AM

(Not Attending)

03-01: An Entertainment Law Survey [1 of 2]

Coe W. Ramsey, Brooks, Pierce, McLendon, Humphrey & Leonard and Thomas G. Varnum, Brooks, Pierce, McLendon, Humphrey & Leonard

This session is an introduction to the laws relevant to the representation of entertainers and the producers of entertainment (music and film/TV industries). Attendees will learn how various legal principles, such as contract, copyright, trademark, rights of publicity, and other areas of law apply to the unique business practices of the entertainment business.

“Entertainment Law Survey” is a two-hour course that begins in Session 3 and ends in Session 4. Participants should also attend 4-1.

03-02: Business Court for the Occasional Visitor

John S. Buford, Brooks, Pierce, McLendon, Humphrey & Leonard and Jennifer K. Van Zant, Brooks, Pierce, McLendon, Humphrey & Leonard

The General Assembly recently expanded the scope of the Business Court's jurisdiction, meaning that more litigators will find themselves with cases before the Business Court. This presentation is designed for the attorney who may find himself or herself in Business Court either infrequently or involuntarily. Topics will include jurisdiction (getting a case into or out of Business Court), discovery (including the Court's treatment of electronic discovery issues), and avoiding practical pitfalls.

03-03: Dealing with Impasses in Negotiations [1 of 2]

Samuel S. Jackson, Adjunct Professor of Law, UNC School of Law and Elliot M. Silverstein, Clinical Professor of Psychiatry and Director of Psychological Services, Child Outpatient Clinic, UNC Department of Psychiatry and Adjunct Professor of Law, UNC School of Law

Lawyers who negotiate are often faced with impasses or potential impasses when resolving a dispute. This interactive two hour program will first look at the different causes of impasses with emphasis on strategies to avoid creating them in the first place and then will explore ways in which a lawyer can attempt to resolve the variety of impasses that may occur. 

"Dealing with Impasses in Negotiations" is a two-hour workshop that begins in Session 3 and ends with Session 4. Participants should attend both sessions

03-04: Evolving Role of the General Counsel & Chief Legal Counsel (PR)

Sara L. Hall, Chief Legal Officer, St. Jude Children's Research Hospital

This session, by a lawyer who has served as Memphis City Attorney & Law Director, VP & GC of the Memphis Airport Authority, and Chief Legal Officer & GC for ALSAC/St. Jude, will address the evolving role of in-house general counsels, attorneys and legal departments over the past decade. It will offer perspectives on changing dynamics regarding the role of in-house GCs and attorneys as strategic business partners and subject matter experts, and the focus on efficiency, effectiveness, and value-add. The session will discuss legal and ethical issues of significance to in-house counsel, such as determining who is and isn’t your client, keeping confidences and when the privilege doesn’t apply, and doing your job when your client disagrees with your advice. Join us to learn how to more effectively represent clients in-house.

03-05: Government Sponsored Prayer

William P. Marshall, William Rand Kenan, Jr. Distinguished Professor of Law, UNC School of Law

This term the U.S. Supreme Court is revisiting the issue of the constitutionality of legislative prayer in the case of Galloway v. Town of Greece. It does so against the background of the fact that a broad majority of Americans still support prayer in the public school – despite the fact that the Court declared that practice unconstitutional over 50 years ago. The session will address the question of just exactly what is (or is not) problematic about government sponsored prayer – whether in classrooms or in legislatures.

03-06: Hot Topics in Health Law and Policy

Dean M. Harris, Clinical Associate Professor, Department of Health Policy and Management, UNC Gillings School of Global Public Health; Joan H. Krause, Associate Dean for Faculty Development and Dan K. Moore Distinguished Professor of Law, UNC School of Law and Richard S. Saver, Arch T. Allen Distinguished Professor of Law, UNC School of Law

This session will explore current hot topics in health law and policy. Subjects covered will include an update on the federal health care reform legislation, new developments in the regulation of health care fraud and abuse, and bundling payment and care among different providers.

03-07: Outsourcing Transactions: Best Practices

Larry B. Sampson, Corporate Counsel, Sampson Law Offices

This presentation by former senior counsel for Hewlett-Packard and EDS provides attendees with a practical explanation of vendor/supply chain best practices for drafting service-level agreements, local country agreements, price benchmarking, and limits of liability.

03-08: Putting a Face on North Carolina Poverty

Gene R. Nichol, Boyd Tinsley Distinguished Professor of Law and Director, Center on Poverty, Work & Opportunity, UNC School of Law

Many are surprised that North Carolina has among the highest poverty rates, child poverty rates, hunger rates, child hunger rates, rates of the uninsured, and income disparity rates in the United States. Recent studies have also found that we are experiencing the steepest rise in concentrated poverty in the country. Professor Nichol argues that intense poverty, amidst plenty, is North Carolina’s greatest challenge. But even these statistics are only that – data, dry, bloodless, data. So, in this session, Nichol will attempt to move beyond the statistics, bad as they are, to put a face on the challenges of poverty in our state. He will claim, as well, that economic deprivation and injustice here cannot be squared with a commitment to equal justice under law.

03-09: Shape of the Coast: CRC Chair Updates and a Look Ahead

Frank D. Gorham III, Chair, North Carolina Coastal Resources Commission

This session will feature a discussion of the commission’s recent and ongoing work on oceanfront setbacks, stabilization measures such as sandbags, and estuarine shoreline stabilization. The CRC chair also will address topics that the commission is currently considering, including inlet hazard areas, updates to the commission’s 2010 sea level rise study, and a more comprehensive approach to how manage our beaches and inlets.

03-10: Toolbox for Domestic Violence Practitioners: Recent Appellate Summaries & Legislative Updates [2 of 3]

Sherry Honeycutt Everett, Staff Attorney, Domestic Violence Prevention Initiative, Legal Aid of NC and Adjunct Assistant Professor, UNC School of Law and Elizabeth Froehling, Director, Student Life and Pro Bono Opportunities, Campbell University School of Law

Practitioners must stay abreast of the changing circumstances within the domestic violence field. This section will include a summary of legislative changes to laws related to domestic violence in North Carolina during the last two legislative sessions. The presenters will explain how recent legislation has impacted this area of practice so that attorneys are up-to-date on the most current statutory remedies available to assist their clients. Additionally, the presenter will discuss appellate decisions from the previous two years and identify how the recent appellate decisions have transformed domestic violence law and how these transformations affect the day-to-day practice of domestic violence lawyers. 

"Toolbox for Domestic Violence Practitioners" is a three-hour course that begins in Session 2 and ends with Session 4. Participants are encouraged to attend all sessions.

Session 04: Friday, February 13, 2015, 11:30 AM - 12:30 PM

(Not Attending)

04-01: An Entertainment Law Survey [2 of 2]

Coe W. Ramsey, Brooks, Pierce, McLendon, Humphrey & Leonard and Thomas G. Varnum, Brooks, Pierce, McLendon, Humphrey & Leonard

“Entertainment Law Survey” is a two-hour course that began in Session 3 and ends in Session 4. Please see session 3-1 for a detailed description.

04-02: Balancing Accountability and Privacy

Anne Klinefelter, Associate Professor of Law and Director, Kathrine R. Everett Law Library, UNC School of Law and C. Amanda Martin, Stevens Martin Vaughn & Tadych

This session will feature an expert in privacy law and an adviser to members of the North Carolina Press Association. The session will consider the difficult dynamics that influence the interplay of legal requirements designed to achieve accountability and transparency in government as well as personal privacy for individuals. Join us for highlights of North Carolina and federal approaches to balancing these sometimes competing interests.

04-03: Dealing with Impasses in Negotiations [2 of 2]

Samuel S. Jackson, Adjunct Professor of Law, UNC School of Law and Elliot M. Silverstein, Clinical Professor of Psychiatry and Director of Psychological Services, Child Outpatient Clinic, UNC Department of Psychiatry and Adjunct Professor of Law, UNC School of Law

"Dealing with Impasses in Negotiations" is a two-hour workshop that begins in Session 3 and ends with Session 4. Participants should attend both sessions.

04-04: Estate Planning: What to Do When a Spouse is Confronting a Health Issue

Doris J. Wiggen, Special Counsel, Schell Bray and Adjunct Associate Professor of Law, UNC School of Law

This session will address estate planning with a focus on planning for long-term care. In addition, attendees will learn which programs can assist with the cost of long-term care such as Medicaid, Special Assistance and Veterans Benefits.

04-05: Financial Scams & Identity Theft

Caroline Farmer, Deputy Director, North Carolina Attorney General's Office

This session is a review of the practical steps that you can take to protect yourself as well as your clients. Discussion includes requirements for dealing with security breaches. This program will discuss on online scams, telemarketing fraud, investment fraud, identity theft, and financial exploitation of older adults. 

04-06: From Bakke to Fisher: Realizing the Educational Benefits of Diversity at our Leading Colleges and Universities

William A. Tobin, Scholar in Residence, Social Science Research Institute, Duke University

The session examines the line of Supreme Court cases from Bakke to Fisher in which the compelling interest in the educational benefits of diversity in higher education was developed and refined. Changes in undergraduate admissions practices since Bakke will be, then, explored to understand the extent to which our colleges and universities have sought to realize the educational benefits of diversity in their world-renown liberal arts communities.

04-07: Market Pressures, Legal Practice and Access to Justice

Dana A. Remus, Associate Professor of Law, UNC School of Law

This session will address the extent to which market logic is dominating proposals to increase access to justice. After reviewing various market-based proposals, advanced by practitioners and academics alike, this session will highlight problems with this approach.

04-08: "Sixty Minutes" of Administrative Law News

Fred Gilbert Morrison Jr., Senior Administrative Law Judge, N.C. Office of Administrative Hearings

"Extra! Extra! HEAR all about it." Come learn about new legislation, new hires, recent decisions from ALJs, superior court orders, and appellate decisions from a reporter who has been on the beat at the N.C. Office of Administrative Hearings for almost 29 years.

04-09: Shape of the Coast: Update on Federal and State Coastal Case Law, Legislation, and Litigation

William A. Raney Jr., Wessell & Raney and Todd S. Roessler, Kilpatrick Townsend & Stockton

The presenters will discuss recent federal and state cases, statutes, regulations, and litigation that will impact activities on North Carolina’s coastal lands and coastal and ocean waters.

04-10: Toolbox for Domestic Violence Practitioners: Intersections Between Criminal & Civil Law [3 of 3]

Amily McCool, Systems Advocacy Coordinator, NC Coalition Against Domestic Violence

In order to most effectively represent survivors in civil restraining orders, the practitioner should have a basic understanding of the criminal justice system (CJS) and how to utilize it in representing survivors of domestic violence. This session will cover the basics of the criminal justice process, practical tips for navigating the CJS, as well as tools for collaborating with the District Attorney's Office and Law Enforcement. 

"A Toolbox for Domestic Violence Practitioners" is a three-hour course that begins in Session 2 and ends with Session 4. Participants are encouraged to attend all sessions.

Session Lunch: Friday, February 13, 2015, 12:30 PM - 1:30 PM

(Not Attending)

Attendees: Lunch Buffet ($25 additional charge)

Purchase ticket to attend the lunch buffet at the Friday Center.

Presenters: Lunch Buffet (for Presenters, UNC Law Faculty, Staff & Students)

Complimentary lunch ticket provided for program presenters, UNC Law faculty and staff.

Session 05: Friday, February 13, 2015, 1:30 PM - 2:30 PM

(Not Attending)

05-01: Accounting Basics for Non-Accountant Lawyers

Donna K. Pelham, Associate Professor of Accounting and Business Administration, Department Chair, Accounting and Business Administration, Methodist University and Pamela J. Strickland, Professor of Accounting, Director, MBA Program, Methodist University

Have you always wondered how to interpret financial statements? Do you feel uncertain about how well you understand an accountant's analysis of your client's assets? If so, this program is for you. This session will provide you with a review of the accounting basics that lawyers need to know, with ample time for you to ask the questions you've always been unsure about.

***This session is a repeat from Festival 2012.

05-02: Acts of God…Property Owners' Strict Liability for Sedimentation Pollution and Recent Legislative Changes to the Standards and Procedures for Review...

Bill Faison, Bill Faison Attorney, PLLC

This session explores enforcement of the Sedimentation Pollution Control Act of 1973 against developers and subsequent purchasers of developed property in light of recent legislative changes to the standards and procedures for review of regulatory action. Come to this session to learn more about the exposure of developers and owners for pollution by sedimentation regardless of whether caused by 500 year floods, hurricanes, or other natural disasters, and how to deal with regulators and others in light of recent changes to the statutes.

05-03: Criminal Intellectual Property Enforcement: Responding to Investigations and Defending Against Indictments

Kearns Davis, Brooks, Pierce, McLendon, Humphrey & Leonard and Adjunct Professor of Law, UNC School of Law

In 2010, Attorney General Eric Holder announced the creation of a Department of Justice Task Force on Intellectual Property. Investigators and prosecutors in North Carolina are implementing that new priority, particularly in cases involving international manufacturing and trade. Learn how to respond to IP investigations and charges.

05-04: Hot Issues in Food Law 2015

Steven Chris Saunders Jr., Staff Attorney, Research Division, N.C. General Assembly

This presentation, co-presented with Ray Starling, General Counsel to the NC Speaker of the House of Representatives, will address hot topics in food law of interest to North Carolina attorneys, including a legislative update from the 2013-2014 biennium, latest developments in the implementation of the Food Safety Modernization Act (FSMA), and GMO labeling initiatives across the country.

05-05: How Jury Deliberations Really Work

John Martin Conley, William Rand Kenan Jr. Professor of Law, UNC School of Law and Robin H. Conley, Assistant Professor of Anthropology, Department of Sociology and Anthropology, Marshall University

We are among a handful of social scientists that have had access to recordings and transcripts of actual jury deliberations. In this presentation we will analyze the ways in which jurors respond to evidence and arguments, and how they persuade and negotiate with each other as they move toward a verdict.

05-06: Labor and Employment Law: A National Roundup

Jeffrey M. Hirsch, Associate Dean for Academic Affairs and Geneva Yeargan Rand Distinguished Professor of Law, UNC School of Law

This session will examine some of the last year's most significant labor and employment cases, with a focus on national trends.

05-07: Navigating the Maze of Illegal Insider and Outsider Trading

Thomas Lee Hazen, Cary C. Boshamer Distinguished Professor of Law, UNC School of Law

The presentation will provide an overview of the federal laws dealing with insider trading in securities. After an overview of the law, the discussion will shift to what is become known as "outsider trading" which occurs when someone other than a true corporate insider trades securities on the basis of material nonpublic information.

05-08: Recent Developments in North Carolina Family Law

Kelly Edward Greene

This session will feature a review of recent appellate court decisions in the area of family law.

05-09: Student Loan Debt: Innovative Solutions in Bankruptcy

Susan E. Hauser, Associate Professor of Law, NCCU School of Law and Lisa P. Sumner, Poyner Spruill

This presentation will begin with a look at the extent of student loan borrowing in the U.S. Covering: aggregate levels of public and private student loan debt, demographics of student loan borrowers, and available repayment options. Presenter will examine how student loan debt is treated in bankruptcy, with a focus on "outside the box" solutions that have developed in courts outside of North Carolina.

05-10: The Costs of Poor Sleep: What, Why and What You Can Do About It (MH)

Camille Laudicina, Clinical Health Psychologist, HRC Behavioral Health & Psychiatry, PA and Martha F. Simpson, Clinical Psychologist, HRC Behavioral Health & Psychiatry

It is now well known that sleep is essential for our well-being, physically and emotionally. Poor or inadequate sleep can impair judgment and performance, erode frustration tolerance and increase irritability, and create anxiety and depression. The demands of the legal profession often train lawyers to consider sleep as expendable, and many incur a long term impact from poor sleep habits. This presentation by a clinical psychologist and a health psychologist will offer an understanding of the function of sleep, explore the impact of chronic sleep deprivation on mental health, and offer guidelines for good sleep hygiene and ways to enhance sleep patterns.

Session 06: Friday, February 13, 2015, 2:40 PM - 3:40 PM

(Not Attending)

06-01: A Borrower, Creditor or Adverse Litigant Has Filed Bankruptcy; Now What?

Rebecca L. Cage, Brooks, Pierce, McLendon, Humphrey & Leonard and John H. Small, Brooks, Pierce, McLendon, Humphrey & Leonard

This presentation is designed for the non-bankruptcy attorney and will identify and discuss issues for the general practitioner who wants to be able to advise clients when a borrower, creditor or adverse party files bankruptcy. The presentation will include topics such as the automatic stay, the effect of discharge of the debtor, lien survival post-discharge, exceptions and objections to discharge/dischargeability, recovery of transfers and avoidance powers, executory contracts, filing a proof of claim, administrative expenses, and reclamation claims.

06-02: Copyright and New Technologies

Julia C. Ambrose, Brooks, Pierce, McLendon, Humphrey & Leonard

The Copyright Clause was included in the U.S. Constitution in 1787. How have federal legislation, regulation, and court decisions kept up with the explosion of new technologies and new media?  What changes are likely in the future as the law tries to keep pace?  Join us to find out what’s ahead.

06-03: Handling Client Relations and Billing (PR)

Charles S. Baldwin IV, Brooks, Pierce, McLendon, Humphrey & Leonard and Walter L. Tippett, Brooks, Pierce, McLendon, Humphrey & Leonard

The program covers practical and ethical issues in developing and maintaining good client relations regarding client expectations and billing. Best practices will be discussed for various fee arrangements (minimum fee, hourly, contingency, flat fee and blended), discussing fees with clients and successful collection practices.

06-04: Introduction to Mental Health First Aid for Lawyers [1 of 2](SA)

Tara L. Bohley, Clinical Assistant Professor and Program Coordinator, Behavioral Healthcare Resource Program, UNC School of Social Work

Did you know that mental disorders are more common than heart disease and cancer combined?  One in four people in the U.S. will experience a mental illness or substance use problem this year and 50% will experience one in their lifetime. Mental Health First Aid is a model for legal professionals to recognize the signs, symptoms and risk factors for anxiety, depression, psychosis and substance use disorders and to initially intervene for the related crisis such as suicidal behavior and non-suicidal self-injury that could result. This is an introduction to the evidence-based program shown to reduce the damaging effects of mental and emotional disorders such as job loss, relationship issues and drug and alcohol problems. 

Mental Health First Aid for Lawyers” is a two-hour course that begins in Session 6 and ends in Session 7. Participants should also attend 7-4.

06-05: Parliamentary Procedure Survival Skills for Attorneys

James H. Slaughter, Rossabi Black Slaughter, PA

A fast-paced and entertaining look at running effective meetings – whether board, membership, governmental, or HOA/condo, including which rules to use, frequently used motions, voting, proxies, agendas and minutes. Use parliamentary procedure and Robert's Rules of Order to make your meetings shorter and more legal. The presenter is an attorney who practices parliamentary law and is a Certified Professional Parliamentarian, Professional Registered Parliamentarian, and past President of the American College of Parliamentary Lawyers.

06-06: Recent Developments in Evidence Law and Practical Applications to Litigation

Robert P. Mosteller, J. Dickson Phillips Distinguished Professor of Law, UNC School of Law

This session will go over some of the recent developments in evidence law and the Confrontation Clause, including changes in admission of expert evidence under Rule 702 and the application of the Confrontation Clause to admission of forensic reports. The session will also review some frequently encountered issues in presenting and excluding evidence.

06-07: So You Got Breached - Now What? The Legal and Technical Consequences

Eva Lorenz, Security Engineer, Agio

What do you do when your firm or your client have a security breach? Many corporations, even large companies, may lack a good plan on how to secure evidence in case of a breach and how to respond internally and externally to such an event. Learn what to ask to get the best technical advice as well as procedural and policy-based guidance on how to survive a breach. It is important to be aware of the legal requirements that apply such as maintaining a sound evidence trail, being mindful of breach statutes and what and when to communicate to affected clients.

06-08: The Laws, Policies, and Politics of Education in North Carolina

William G. Hancock Jr., Everett Gaskins & Hancock; Ann W. McColl, Everett Gaskins & Hancock and Mebane Rash, CEO, EducationNC

Presenter will offer perspectives on the expanding types of effective advocacy avenues used to address the North Carolina General Assembly and other policymakers regarding education in North Carolina.

06-09: The Start-Up Mini Boot Camp [1 of 2]

Sheila A. Mikhail, Managing Member, Life Sciences Law

Attendees will learn the basics of providing legal advice to a start-up company spun out of a university setting. The first session will review the legal issues associated with spinning out an entity from a university, including determining the right choice of entity, dividing up initial ownership and typical provisions in a university license agreement. 

“Start-Up Mini Boot Camp” is a two-hour course that begins in Session 6 and ends in Session 7. Participants should also attend 7-9.

06-10: Title Examination, Best Practices and Legal Legends

Christopher L. Burti, Vice President and Senior Legal Counsel, Statewide Title, Inc

Real estate lawyers must operate in at least two universes. In one, they try to adopt "best practices" in drafting and executing documents and in time many of these "best practices" have attained almost legendary status – sometimes even becoming considered widely in the legal profession as "The Law". In the other universe, they must opine as to the quality of title, reviewing documents prepared by others and finding that they are not always adroitly prepared. Not surprisingly, they encounter situations in which their ideas of "best practices" and what they find in title records are at odds. This session will explore common questions arising in title examinations, such as when spouses must sign conveyances, how purchase money deeds of trust should be handled, and other topics arising in determining whether a seller has "good title." Come to learn more about when titles may be certified as acceptable, even when best practices are not observed. 

Session 07: Friday, February 13, 2015, 3:50 PM - 4:50 PM

(Not Attending)

07-01: Video Replay: When Skills Don't Transfer: Personal vs. Professional - Life out of Control (SA)

Elliot M. Silverstein, Clinical Professor of Psychiatry and Director of Psychological Services, Child Outpatient Clinic, UNC Department of Psychiatry and Adjunct Professor of Law, UNC School of Law

What happens when you start bringing your work stress home with you? The presenters will discuss mental health and substance abuse concerns among lawyers. Get advice on how to recognize problems, seek help for them, and develop effective strategies for coping with work stress. ***This session is a video replay from the UNC Law Festival 2014 Online.

07-02: An Empirical Look at Special Education Litigation in North Carolina

Lisa M. Lukasik, Assistant Professor of Law, Campbell University Law School

This session invites participants to examine new data drawn from a study of ten years of administrative law decisions in special education due process disputes under the Individuals with Disabilities Education Act. It explores the legal questions most frequently litigated in this context, the effects of significant changes in the law on administrative outcomes, and the factors most highly correlated with success in resolving due process complaints. 

07-03: Foreclosure Defense Boot Camp [1 of 2]

Laura Collins Britton, Clinical Assistant Professor of Law and Faculty Supervisor, Consumer Financial Transactions Clinic, UNC School of Law

This session provides the practical skills to represent clients facing mortgage foreclosure. Participants will learn to advise clients on the foreclosure process and timeline; use checklists to review mortgage documents for potential claims and defenses; understand the issues before the Clerk of Court, and identify cases that merit extended representation in Superior Court. 

“Foreclosure Defense” is a two-hour course that begins in Session 7 and ends in Session 8. Participants should also attend 8-3. *** This session is the live version from UNC Law Festival 2014 Online.

07-04: Introduction to Mental Health First Aid for Lawyers [2 of 2] (SA)

Tara L. Bohley, Clinical Assistant Professor and Program Coordinator, Behavioral Healthcare Resource Program, UNC School of Social Work

“Mental Health First Aid for Lawyers” is a two-hour course that begins in Session 6 and ends in Session 7. Participants should also attend 6-4.

07-05: Responding to Patent Trolls

Darrell A. Fruth, Brooks, Pierce, McLendon, Humphrey & Leonard and Robert H. Tiller, Vice President and Assistant General Counsel, I.P., Red Hat, Inc

Patent assertion entities, also known as patent trolls, enforce patent rights without making any product or selling any service. They can provide funding for small inventors with good ideas. Increasingly, however, they impose an enormous tax on innovation. This session will discuss the current state of affairs and explore best practices for responding to patent demand letters.

07-06: Stories Our Clients Live By: Using Traditional Archetypes and Compelling Themes to Serve Clients Effectively

Kaci Bishop, Clinical Assistant Professor of Law, UNC School of Law and Craig T. Smith, Assistant Dean for the Writing and Learning Resources Center, and Clinical Professor of Law, UNC School of Law

Stories provide frameworks that can help lawyers serve clients and influence decision makers. We will show how lawyers can craft compelling stories using traditional archetypes and deeply rooted redemptive themes. We then will explore how such stories can help you interview clients and develop arguments that will resonate with judges, juries, and other decision makers.

07-07: Taking the Risk and Reaping the Reward: Trial Strategies for the Not-So-Faint-of-Heart

Steven B. Epstein, Poyner Spruill

This presentation will focus on trial strategies and techniques that cut against the grain of traditional orthodoxy. Attendees will learn that success at trial often depends upon taking risks and pushing the envelope. The entire trial process will be addressed from voir dire to closing argument.
***This session is a repeat from Festival 2012.

07-08: The Role of International Law in U.S. Courts

John F. Coyle, Assistant Professor of Law, UNC School of Law

This session explores the myriad ways in which international law may be used in litigation before U.S. courts. It addresses public law topics such as immigration and human rights as well as private law topics such as arbitration and the international sale of goods.

07-09: The Start-Up Mini Boot Camp [2 of 2]

Sheila A. Mikhail, Managing Member, Life Sciences Law

This second session will review the legal issues associated with funding a start-up, including typical terms in a venture capital term sheet and the interplay of stock options and other equity considerations.

“Start-Up Mini Boot Camp” is a two-hour course that began in Session 6 and ends in Session 7. Participants should also attend 6-9.

07-10: What a Difference a Few Years Make: Same-Sex Marriage in N.C. and the Broader U.S.

Maxine Eichner, Reef C. Ivey II Professor of Law, UNC School of Law

This session will explore recent legal developments regarding same-sex marriage and other same-sex relationship issues both in North Carolina and in the broader United States.

Session 08: Friday, February 13, 2015, 5:00 PM - 6:00 PM

(Not Attending)

08-01: Alcoholism: A Family Disease (SA)

John L. Sarratt, Harris Sarratt & Hodges and Cynthia L. Wittmer, Parker, Poe, Adams & Bernstein

Two lawyers — a recovering alcoholic and his wife — will talk about the disease of alcoholism, the ongoing process of recovery, and how both the disease and the process of recovery have affected their marriage and legal careers. 

08-02: An Exercise in Professional Misconduct (PR)

Richard E. Myers II, George R. Ward Associate Professor of Law, UNC School of Law

A night out on the town leads to a traffic stop, which turns into a lesson in professional ethics. Each participant will receive an ethical problem along with rules for evaluating the problem prior to the session. Professor Myers will lead a discussion of the problem and the related ethical issues. ***This is a repeat from the 2014 Charlotte Professionalism Roundtable.

08-03: Foreclosure Defense Boot Camp [2 of 2]

Laura Collins Britton, Clinical Assistant Professor of Law and Faculty Supervisor, Consumer Financial Transactions Clinic, UNC School of Law

“Foreclosure Defense” is a two-hour course that began in Session 7 and ends in Session 8. Participants should also attend 7-3. ***This session is the live version from UNC Law Festival 2014 Online.

08-04: Foreign Corrupt Practices Act Enforcement: Recent Developments

David Smyth, Brooks, Pierce, McLendon, Humphrey & Leonard

In recent years, the U.S. Department of Justice and Securities and Exchange Commission have recently thrust the Foreign Corrupt Practices Act to the forefront of their enforcement agendas. Businesses that operate in global markets and even private equity funds that invest in those businesses must be attuned to the risks of making illicit payments to foreign government officials. This session will provide an overview of the law, highlight recent enforcement developments, and suggest ways to stay in compliance with the FCPA.

08-05: Free Legal Information on the Web

Julie L. Kimbrough, Clinical Assistant Professor of Law and Assistant Director for Collections and Access, Kathrine R. Everett Law Library, UNC School of Law and James W. Sherwood, Clinical Assistant Professor of Law and Reference/Foreign and International Law Librarian, Kathrine R. Everett Law Library, UNC School of Law

This presentation will focus on legal research. The presenters will give an overview of the leading resources for free legal materials, emphasizing materials related to North Carolina, and describe the pros and cons of incorporating these resources into your practice.

08-06: Hot Topics in Criminal Law

Alyson A. Grine, Defender Educator, UNC School of Government

This session will cover criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and highlight significant criminal law legislation enacted by the North Carolina General Assembly. The presenter will discuss a wide range of issues affecting felony and misdemeanor cases in the North Carolina state courts.

08-07: Improving Your Writing Style

Lewis M. Everett, Clinical Associate Professor, UNC School of Law

In this session, attendees will learn a number of tips on how to improve their legal writing style. Particularly, Everett will focus on issues for writers to look for in the editing process. The session will have elements of a workshop, as attendees will get a chance to put the lessons learned into practice. 

Portions of this presentation were previously covered in 2012's two-hour workshop, "Legal Writing for the General Practitioner” and the live version form UNC Law Festival 2014 Online.

08-08: Bridging the Gap Between Law School and Law Practice (PR)

Alexa Z. Chew, Clinical Assistant Professor of Law, UNC School of Law and Katie Rose Guest Pryal, Clinical Associate Professor of Law, UNC School of Law

This session was created for those who supervise new lawyers, interns, or summer associates. Do you want to learn coaching strategies to help new lawyers hit the ground running in your workplace? Chew and Pryal draw from empirical research and years of experience to provide concrete coaching tactics for improving new lawyers' research, writing, and other practice skills. This session builds upon Chew and Pryal’s session from the UNC Law Festival 2014 Online, and it will be valuable for those who attended last year’s session, and for those who did not.

08-09: Unmet Legal Needs and Pro Bono in NC (PR)

Mary Lynn Irvine, Access to Justice Coordinator, North Carolina Equal Access to Justice Commission and NC IOLTA; Jennifer M. Lechner, Executive Director, North Carolina Equal Access to Justice Commission; Kathleen Lockwood, Director, Pro Bono Program, UNC School of Law and Sylvia K. Novinsky, Assistant Dean for Public Service Programs, UNC School of Law

This session will review the results of a recent survey conducted by the NC Equal Access to Justice Commission, including identified barriers to pro bono participation. Panelists will also address the implementation of the pro bono emeritus and out of state attorney rule and highlight pro bono opportunities through UNC Law’s new alumni pro bono portal.

08-10: 'Without Precedential Value’: When the Justices of the North Carolina Supreme Court Are Equally Divided

John V. Orth, William Rand Kenan Jr. Professor of Law, UNC School of Law

When the justices of the North Carolina Supreme Court are equally divided, they routinely issue a per curiam order affirming the decision of the Court of Appeals but stating that it “stands without precedential value.” This remarkable result means that the decisions in these cases, although affirmed, are not binding on other panels of the Court of Appeals in cases raising the same issues. After tracing the history of this formula, I argue that the emergence of the Court of Appeals as a precedent-setting court in the last twenty-five years indicates the need to reconsider the effect of a decision by an equally divided Supreme Court.

Session 09: Saturday, February 14, 2015, 8:00 AM - 9:00 AM

(Not Attending)

09-01: A Primer on Anti-Money Laundering

Lissa L. Broome, Wells Fargo Professor of Banking Law and Director of the Center for Banking and Finance, UNC School of Law

This session will explore the Bank Secrecy Act and Anti-Money Laundering and actions that have recently been brought by U.S. regulatory authorities.

09-02: A View from the Courtroom: Ethics and Professionalism (PR)

R. Allen Baddour Jr., Resident Superior Court Judge, N.C. Judicial District 15B and Ripley E. Rand, U.S. Attorney, Middle District of North Carolina

This session will offer an interesting and amusing look at important rules of professionalism, ethics and general rules of practice, including interactions with the court, opposing counsel and witnesses.
***This session is a repeat from Festival 2013.

09-03: Video Replay: When Skills Don't Transfer: Personal vs. Professional - Life out of Control (SA)

Elliot M. Silverstein, Clinical Professor of Psychiatry and Director of Psychological Services, Child Outpatient Clinic, UNC Department of Psychiatry and Adjunct Professor of Law, UNC School of Law and Martha F. Simpson, Clinical Psychologist, HRC Behavioral Health & Psychiatry

What happens when you start bringing your work stress home with you? The presenters will discuss mental health and substance abuse concerns among lawyers. Get advice on how to recognize problems, seek help for them, and develop effective strategies for coping with work stress.
***This session is a video replay from the UNC Law Festival 2014 Online.

09-04: Digital Marketing and Media [1 of 2]

Laura S. Chipman, Legal Counsel, SAS Institute Inc and Charles F. Marshall III, Brooks Pierce McLendon Humphrey & Leonard

Businesses that operate and advertise in the digital space face multiple compliance challenges. Whether you or your clients use websites, mobile platforms, or social media to market goods or services, potential pitfalls abound. This two hour session will address a number of those pitfalls and liability risk areas, including content and copyright issues, the FTC's new dot-com disclosure guidance, the FTC's guides relating to testimonials and endorsements, and other legal issues often encountered by any company engaged in website and mobile marketing. 

“Digital Marketing and Media” is a two-hour course that begins in Session 9 and ends in Session 10. Participants should also attend Session 10-4.

09-05: Foreign Corrupt Practices Act Updates

Karen A. Popp, Partner and Global Chair of White Collar, Sidley Austin

This session will explore recent developments in the enforcement of the Foreign Corrupt Practices Act and other countries' laws, as well as the proactive steps that companies and individuals should take to prevent and detect violations and some tips in dealing with prosecutions under these laws.

09-06: Insights for Lawyers: Dealing with the Pesky (But Sometimes Helpful) Press

Ruth Sheehan, Associate Attorney, The Francis Law Firm, PLLC

How can lawyers aid their clients in dealing with journalists? What strategies do or do not work? Join us for this session, presented by Ruth Sheehan, a former reporter and columnist for The News & Observer of Raleigh. Bring your questions and ideas, and be prepared for lively conversation and debate.

09-07: North Carolina Eugenics Movement: History and Reparations

Alfred L. Brophy, Judge John J. Parker Distinguished Professor of Law, UNC School of Law

Professor Brophy will discuss North Carolina's sterilization statute and practices from the 1930s to the 1960s and put that in the context of the national movement for eugenics. He focuses on North Carolina's administrative procedures and the changes in gender, race, and institutional status of those sterilized, as well as the legal arguments for and against sterilization. With that background, he turns to the movement to provide compensation for forced sterilization and the interpretation of North Carolina's statute that provides compensation to still-living victims.

09-08: Statutory Interpretation: An Empirical Study of Recent Decisions by the N.C. Appellate Courts

Keith A. McCrickard, Clinical Visiting Assistant Professor, UNC School of Law

We live in an age of statutes.  As statutes continue their ascendancy in American jurisprudence, lawyers must keep abreast of trends in statutory interpretation. This session will identify and analyze the use of various interpretive tools, such as plain meaning, linguistic canons, and legislative history, by examining data from recent decisions of the N.C. Supreme Court and N.C. Court of Appeals.

09-09: The Environmental Law Symposium I: North Carolina Energy Updates

Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law and Director, Center for Law, Environment, Adaptation and Resources, UNC School of Law; Donald T. Hornstein, Aubrey L. Brooks Professor of Law, UNC School of Law and Maria Savasta-Kennedy, Clinical Professor of Law and Director, Externship Program, UNC School of Law

This session will explore issues from fracking to coal ash to coastal insurance. North Carolina has seen or will see some significant legislative and regulatory environmental event relating to these topics. In this hour, we will review the most important environmental regulatory and legislative changes from the past year and what that means for North Carolina.

Session 10: Saturday, February 14, 2015, 9:10 AM - 10:10 AM

(Not Attending)

10-01: Class Action in Focus: Recent Developments in Class Action Law

Anthony T. Lathrop, Moore & Van Allen

During the last several terms, the U.S. Supreme Court tackled several issues that have impacted the landscape of class action practice, from the Class Action Fairness Act of 2005 to fraud-on-the-market securities class actions, the enforceability of class arbitration waivers in federal cases, and the requirements for establishing predominance for class certification. We will review the Supreme Court’s recent key decisions and will explore the direction in which class action law is developing by looking at the issues currently under consideration by the High Court.

10-02: Compliance Programs in Today's Enforcement Climate

Karen A. Popp, Partner and Global Chair of White Collar, Sidley Austin

This session will update the attendees regarding developments in the government's expectations for businesses to have robust compliance programs and practical tips for developing and conducting risk assessments. This session will explore the benefits of a program as part of the defense of a company and its management and board.

10-03: Consumer Financial Protection Bureau: Regulation, Examination and Consternation

Jeffrey P. Taft, Mayer Brown

This session will highlight important CFPB developments during the past 12 months, including the issuance of the qualified mortgage and mortgage servicing regulations required by the Dodd-Frank Act. This session will highlight examination and enforcement trends and the bureau’s jurisdiction over larger participants in a market for consumer financial services. Finally, this session will identify areas of interest for the CFPB in the coming year.

10-04: Digital Marketing and Media [2 of 2]

Laura S. Chipman, Legal Counsel, SAS Institute Inc and Charles F. Marshall III, Brooks Pierce McLendon Humphrey & Leonard

“Digital Marketing and Media” is a two-hour course that began in Session 9 and ends in Session 10. Participants should also attend 9-4. Please see Session 9-4 for a detailed description. 

10-05: Ethics in Fee Billing and Collections (Or How to Lose Your Fee and Your Law License in One Dumb Gesture)(PR)

Bernard A. Burk, Assistant Professor of Law, UNC School of Law and Faculty Fellow, Parr Center for Ethics

Fee disputes are regrettably common in almost every area of practice. Using hypotheticals drawn from work representing other attorneys and as a fee arbitrator, this session discusses some common causes of fee disputes, how to avoid them when you can, and how to manage them when you cannot.

10-06: Hands-on History of Voting Rights in 20th Century North Carolina

Henry E. Frye, Brooks, Pierce, McLendon, Humphrey & Leonard and Chief Justice of the N.C. Supreme Court (Retired) and Reid L. Phillips, Brooks, Pierce, McLendon, Humphrey & Leonard

A review of the principal developments in North Carolina’s voting rights laws in the twentieth century, in the format of an interview and discussion with former Chief Justice Henry Frye, which will center on Frye’s experiences as a voter, a lawyer, a legislator and a North Carolina Supreme Court Justice.

10-07: My Sweet Chord: Access and Substantial Similarity in Music Copyright Infringement

David L. Harrison, Associate Vice President for Legal Affairs, The University of North Carolina General Administration and Adjunct Professor of Law, UNC School of Law

This session explores the inconsistent standards and approaches to determining whether one music composition infringes on another which, in the world of popular music, may include an inquiry into whether giving a songwriter's hairdresser a tape is access, and may also include a federal judge engaging in psychoanalysis of the subjective mind of George Harrison unknowingly appropriating three notes from the Chiffons. A multimedia presentation will be used to show the development of how courts have attempted to reconcile copyright with what the Second Circuit called, "the infantile demands of the popular ear.”

10-08: Sticks & Stones: Recent Legislation and Case Law Affecting the North Carolina Construction Sector

R. Harper Heckman, Nexsen Pruet and Adjunct Professor of Construction Law, UNC School of Law

This session will summarize recent developments in areas of North Carolina construction law such as lien and bond claims, public procurement, statutes of limitations and insurance coverage. No prior sessions or experience are required.

10-09: The Environmental Law Symposium II: Greenhouse Gas Regulation

Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law and Director, Center for Law, Environment, Adaptation and Resources, UNC School of Law; Donald T. Hornstein, Aubrey L. Brooks Professor of Law, UNC School of Law and Maria Savasta-Kennedy, Clinical Professor of Law and Director, Externship Program, UNC School of Law

This hour explores the new federal initiatives in greenhouse gas regulation, particularly the EPA's Clean Air Act regulations, and its effect” North Carolina.  It will explore the EPA ‘s proposed rule to regulate greenhouse gases from existing “electricity generating units,” the legality questions of the rule making and the reaction from and impact on North Carolina.

Session 11: Saturday, February 14, 2015, 10:20 AM - 11:20 AM

(Not Attending)

11-01: A Master Class in Direct and Cross-Examination [1 of 2]

Jonathan E. Broun, Assistant Capital Defender, Office of the Capital Defender and Adjunct Professor of Law, UNC School of Law and Kenneth S. Broun, Henry Brandis Professor of Law Emeritus, UNC School of Law

This session will provide participants with an overview of techniques of direct and cross-examination. Participants will also have an opportunity to practice direct and cross-examination and will receive critiques and suggestions for improvement.

“Master Class in Direct and Cross Examination” is a two-hour course that begins in Session 11 and ends in Session 12. Participants should also attend 12-1. ***This session is a repeat from Festival 2013.

11-02: Hurry Up and Wait: Fiscal Sponsors, Form 1023-EZ and Other Alternatives for Nonprofit Startups

Robert W. Saunders, Brooks, Pierce, McLendon, Humphrey & Leonard

A common complaint for a nonprofit startup is the length of time for receiving your IRS determination letter. In response, nonprofit startups have sought fiscal sponsors to assist in fund raising. Now, the IRS has created a fast track for certain types of nonprofit startups that may reduce the need for fiscal sponsors. This presentation will review the options available for a nonprofit startup in seeking tax exempt status under IRC Section 501(c) (3).

11-03: Melting the Tip of the Iceberg: Hot Employment Topics for Non-Employment Lawyers

Nicole A. Crawford, Brooks, Pierce, McLendon, Humphrey & Leonard

This session will focus on changes to North Carolina's unemployment law that affect both employees and employers. The presenter will also discuss the top wage and hour mistakes and increased enforcement by the Department of Labor. 

11-04: Mentoring in the Current Era: Ethical Imperatives & Opportunities (PR)

Judith Welch Wegner, Burton Craige Professor of Law, UNC School of Law

This session will be taught by a senior law professor and former Dean who began her teaching career at Carolina Law in 1981. Professor Wegner will consider current strategies for effective mentoring of more junior lawyers and propose justifications and methods for law firms to develop more effective professional development and mentoring strategies.

11-05: Pending Changes to North Carolina’s Zoning and Land Use Statutes

Thomas E. Terrell Jr., Smith Moore Leatherwood

This session is a review and critique of the most comprehensive zoning changes in North Carolina to be proposed since 1923.

11-06: Post-Sentence Detention for Psychopaths

Michael Louis Corrado, Arch Allen Distinguished Professor of Law, UNC School of Law

This session will examine recent work on psychopathy and explore the ongoing effort to subject dangerous offenders to the double track of incarceration and preventive detention.

11-07: UAS in the USA (and NC): Drone Law Developments

Stephen Hartzell, Brooks Pierce McLendon Humphrey & Leonard

In the 2014 Budget Bill, North Carolina adopted a number of laws relating to the use and operations of unmanned aircraft systems (UAS), known colloquially as "drones." The FAA was supposed to have already proposed rules for the commercial operation of small UAS, and will hopefully propose such rules by the end of 2014. We read or hear about drones on a nearly daily basis in the media, despite the fact that the FAA's current position remains that commercial use of drones is prohibited. This session will discuss the legal landscape in North Carolina and nationally relating to this exciting technology. 

11-08: What Lawyers Ought to Know About Their Organic Farmer Clients

Roland G. McReynolds, Executive Director, Carolina Farm Stewardship Association

So what makes a farm organic? And what does the organic label on food mean anyway? Lawyers practicing food and agriculture law will encounter these questions more often in the future. Organic farming is the fastest growing sector of agriculture. This presentation will be an overview unique regulatory and legal challenges that face organic farms, including certifications, labeling rules, business development and risk management.

11-09: The Environmental Law Symposium III: Regulatory Changes in Energy Updates

Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law and Director, Center for Law, Environment, Adaptation and Resources, UNC School of Law; Donald T. Hornstein, Aubrey L. Brooks Professor of Law, UNC School of Law and Maria Savasta-Kennedy, Clinical Professor of Law and Director, Externship Program, UNC School of Law

This hour focuses on the regulatory changes occurring in energy and the environment, including greenhouse gases to renewable energy portfolios to expiring tax credits. We will examine the last year’s growth in renewable energy in North Carolina and the likely national and federal policies that will have an impact on continued growth.  Additionally, we will discuss the policy/regulatory environment for “legacy” energy sources, in North Carolina and throughout the United States.

Session 12: Saturday, February 14, 2015, 11:30 AM - 12:30 PM

(Not Attending)

12-01: A Master Class in Direct and Cross-Examination [2 of 2]

Jonathan E. Broun, Assistant Capital Defender, Office of the Capital Defender and Adjunct Professor of Law, UNC School of Law and Kenneth S. Broun, Henry Brandis Professor of Law Emeritus, UNC School of Law

“Master Class in Direct and Cross Examination” is a two-hour course that began in Session 11 and ends in Session 12. Participants should also attend 11-1. Please see the course description in Session 11.

12-02: Construction, Lien Agents and LiensNC: Protecting All Parties and Avoiding Litigation

Nancy Short Ferguson, Vice President, and State Counsel, Fidelity National Title Group of Companies and Chicago Title Insurance Company, and Sr. State Counsel for Chicago Title Company and Kim Tanner, NIC Services, Director of Operations for LiensNC

After thousands of lawsuits and millions of dollars in losses to all parties, this new statutory framework and the technology system implementing it are designed to help all parties plan more responsibly and protect their interests.

12-03: Dealer Add-ons: Subtracting Payments from Consumer, Multiplying Profits for Dealers and Dividing Policy Makers

John W. Van Alst, Attorney, National Consumer Law Center

This session will provide a survey of car dealer add-ons, from rust proofing to tire insurance, including how they are sold and regulated.

12-04: Ethics of Supervision (PR)

Kimberly J. Strom-Gottfried, Smith P. Theimann Distinguished Professor for Ethics and Professional Practice, UNC School of Social Work

This session will focus on the ethics of supervising office staff, students, and new employees, since supervisory personnel bear additional responsibility in helping to guide appropriate conduct in their supervisees. Come to learn about key ethical principles for effective supervision, findings about ethics complaints relating to supervisory activities in helping professions, strategies to successfully implement good practices, and possibilities for resolving dilemmas (working with case vignettes drawn from supervisory practice). This session will focus on responsibilities of lawyer-supervisors to avoid conflicts of interest, protect confidential client information, and supervise subordinate lawyers and non-lawyers.

12-05: Lawyering on the Go: Making the Most of Your Mobility

Timothy J. Gallina, Clinical Assistant Professor of Law and Reference/Emerging Technologies Librarian, Kathrine R. Everett Law Library, UNC School of Law and Jonathan V. Rountree, Reference Librarian, Kathrine R. Everett Law Library UNC School of Law

This session will help the highly mobile lawyer use technology to conduct research, communicate with clients, manage files and engage in other practice-related tasks.

12-06: Litigating Claims on Behalf of Consumers Against Scammers: Loan Modification, Credit Repair, Lease With Option, Home Improvement, Mortgage...

Mallam J. Maynard, Executive Director, Financial Protection Law Center

There are many overlooked statutory and common law tools for protection and vindication consumers who are abused by the recent wave of those engaged in exploiting unwary homeowners and consumers. This session will explore these recent trends and provide sample pleadings for protection of consumers.

12-07: Melting the Tip of the Iceberg: Hot Employment Topics for Non-Employment Lawyers

Nicole A. Crawford, Brooks, Pierce, McLendon, Humphrey & Leonard

The second session will address the whistleblower provisions of the Affordable Care Act as well as equal opportunity law topics and trends, including tips on interacting with the EEOC from both employee and employer perspectives.

12-08: North Carolina's Innocence Inquiry Commission Process: Why is it Necessary and When Should it Be Used?

Christine C. Mumma, Executive Director, The N.C. Center on Actual Innocence, and Adjunct Professor of Law, UNC School of Law

The post-conviction criminal process provides for claim review through state and federal appeals and post-conviction motions, so some may wonder why N.C.'s Innocence Inquiry Commission process was established and what it is about the process that has made it successful. This session will briefly recount the commission's history and, more importantly, why it has proven to be an essential addition to North Carolina's justice system.

12-09: The Environmental Law Symposium IV: Climate Change Adaptation

Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law and Director, Center for Law, Environment, Adaptation and Resources, UNC School of Law; Donald T. Hornstein, Aubrey L. Brooks Professor of Law, UNC School of Law and Maria Savasta-Kennedy, Clinical Professor of Law and Director, Externship Program, UNC School of Law

This session looks at the federal and state responses to climate change adaptation. In particular, we will discuss the adaptation portions of the President’s climate action plan, relationship of adaptation to disaster management and to the Coastal Zone Management Act, and various state responses to climate change.  This hour will also consider the particular impact of climate change on the poor and minorities and explore the environmental justice implications of climate change adaptation.

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