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View Session Descriptions: Click on each time slot to view a drop-down list of courses for the 2016 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). ***Online Registration is CLOSED. There is availability for on-site registration on Friday and Saturday.***

Session 01: Friday, February 12, 2016, 8:00 AM - 9:00 AM

01-1: An Introduction to Profits Interests

Kimberly Q. Swintosky, Smith Anderson Blount Dorsett Mitchell & Jernigan

This session explores "profits interests", a special kind of equity compensation used by LLCs (taxed as partnerships) - definition and uses of profits interests - how profits interests are taxed - how profits interests compare to other forms of equity compensation - the pros and cons of using profits interests.

01-2: Human Rights Law

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

This session will provide an introduction to the international and regional human rights framework, including an overview of how international human rights norms may be applied to legal issues in the United States. It will review litigation and non-litigation strategies and consider how attorneys can engage with human rights law. 

01-3: Lawyers & Professionalism (PR)

William E. Leuchtenburg, William Rand Kenan Jr. Professor Emeritus of History, University of North Carolina at Chapel Hill and David G. Martin Jr., Host, UNC TV’s North Carolina Bookwatch

This session will focus on lessons impacting ethics and professionalism, drawn from recent books written by or about lawyers. Featuring special guest, William E. Leuchtenburg, William Rand Kenan Jr. professor emeritus of history at the University of North Carolina at Chapel Hill, speaking on his latest book, "The American President: From Teddy Roosevelt to Bill Clinton."

01-4: Online Access to the Law: Reliability, Access and Reuse of State Legal Materials

David R. Hansen, Clinical Assistant Professor and Faculty Research Librarian, Kathrine R. Everett Law Library, UNC School of Law and Leslie A. Street, Clinical Assistant Professor of Law and Assistant Director for Research and Instruction, Kathrine R. Everett Law Library, UNC School of Law

From web pages that look like they were created in 1999 to highly sophisticated, authenticated web portals, most jurisdictions provide some version of their laws online for free. In this session we will explain how to determine which online versions are reliable and up-to-date, and why some states have done a better job than others in making digital versions of their legal materials more accessible and reusable. The session will review copyright in state laws (including several recent copyright disputes over state legal materials), and the enactment of the new Uniform Electronic Legal Material Act (UELMA). 

01-5: Recent Developments in Internet Law

David W. Sar, Brooks Pierce McLendon Humphrey & Leonard and Marcus W. Trathen, Brooks Pierce McLendon Humphrey & Leonard

The law struggles to keep pace with developments in Internet technology and online business models. This session will review the most significant recent developments in Internet law, including online video, privacy, data security, trademarks, copyright and cyberliability. This session is relevant to general counsel, litigators and transactional lawyers. 

01-6: Scams & Identity Theft

Caroline Farmer, Deputy Director, Victims and Citizens Section, N.C. Attorney General's Office

Discussion includes current scam trends especially those affecting older adults. Topics covered will include online scams, phone scams, identity theft, and financial exploitation of older adults. Learn reporting requirements and techniques to assist clients who are independent yet vulnerable. 

01-7: Storms & Hurricanes, Oh My!

Norma R. Houston, Albert and Gladys Coates Term Distinguished Lecturer for Teaching Excellence, UNC School of Government

This session will review key principles and legal considerations relating to emergency preparedness. In addition, the session will provide an overview of legal issues relating to recovery from natural disasters. 

01-8: The Shape of the Coast: Coastal & Marine Science: How to Engage with Expert Witnesses

Greg Icenhour, Vice President & Charlotte Branch Manager, Mid-Atlantic Engineering and Environmental Solutions.

Litigating cases that involve the development and use of coastal resources often requires working with expert witnesses, particularly with scientists. Whether you are gathering evidence, deposing witnesses, or questioning witnesses on the stand, attorneys need to have an understanding of the science themselves in order to most effectively represent their clients in coastal cases. This session will focus on how attorneys in coastal cases can best work together with expert witnesses in case that involves coastal and marine science. Participants will hear from a well-known coastal scientist and consultant that often work as expert witnesses on how to effectively utilize the science and the knowledge of expert witnesses in their work. 

01-9: Think Your Worker is an Independent Contractor? Think Again

Patricia W. Goodson, Brooks Pierce McLendon Humphrey & Leonard

I will address the recent memorandum issued by the U.S. Department of Labor clarifying the line between independent contractors and employees. 

Session 02: Friday, February 12, 2016, 9:10 AM - 10:10 AM

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

Sherry Honeycutt Everett, Staff Attorney, Domestic Violence Prevention Initiative, Legal Aid of North Carolina and Adjunct Assistant Professor, UNC School of Law and Elizabeth A. Froehling, Director of 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.

02-2: Consumer Protection Under the NC Retail Installment Sales Act

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

A broad variety of consumer credit-sale transactions that are critical to the economic survival of consumers and their families are subject to frequently overlooked protections and remedies set forth in N.C. Gen. Stat. § 25A, et seq. This presentation will provide an overview of claims and defenses arising under NC’s R.I.S.A. together with sample pleadings and briefing of pertinent issues. 

02-3: Introduction to Immigration Law

Catherine Y. Kim, Assistant Professor of Law, UNC School of Law

This session provides a basic introduction to immigration law, focusing on categories for admission and examining the federal agencies responsible for dispersing immigration benefits. It is intended for attorneys who do not currently practice immigration law. 

02-4: Labor & Employment Law: 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. 

02-5: National Overview: State Medicaid Expansion Legislation & Section 1115 Waiver Implementation Under the ACA

Adam G. Searing, Senior Research Fellow, Georgetown University and Adjunct Assistant Professor, UNC Gillings School of Global Public Health

Learn how states around the country are implementing (or not) Medicaid expansions for low-income adults under the federal Affordable Care Act (ACA). We will review current state legislative and state executive branch actions in response to the Medicaid provisions of the ACA including Section 1115 waiver requests where states are asking the federal government to allow significant changes to their Medicaid programs for newly eligible enrollees. We will also examine some of the research regarding effects on health care providers of the ACA and state Medicaid expansion decisions.

02-6: Problems & Solutions: Disparities in NC's Public Education & Juvenile Justice Systems

Barbara A. Fedders, Clinical Associate Professor of Law, UNC School of Law

This session will provide data on disparities in the state's public education and juvenile justice system. We will discuss strategies for lawyers and concerned advocates to use to create fairer and more equitable systems for youth. 

02-7: Recent Developments in Family Law

K. Edward Greene, Wyrick Robbins Yates & Ponton. Judge, N.C. Court of Appeals (1986-2002). Judge, N.C. Judicial District (1979-1986)

Review of the North Carolina family law appellate cases filed within the last 12 months. 

02-8: The Shape of the Coast: Public Trust Beaches & Private Property Rights: A Look at Recent NC Cases and Their Potential Implications

Brian E. Edes, Crossley McIntosh Collier Hanley & Edes; Benjamin M. Gallop, Hornthal Riley Ellis & Maland and John D. Leidy, Hornthal Riley Ellis and Maland

The complex legal landscape surrounding the issues of public trust rights to beach access and private property rights has been the subject of recent litigation in North Carolina. Questions abound regarding terminology, customary rights of use, beach nourishment easements, and how to balance all of these with private property rights has resulted in disagreements between coastal local governments and property owners. This session will provide an overview of recent and current litigation and their potential implications for coastal local governments and beach users. 

02-9: View From the Courthouse (PR)

R. Allen Baddour Jr., Resident Superior Court Judge, N.C. Judicial District 15B; Kelly Podger Smith, Associate Dean for Student Affairs, UNC School of Law and Ripley E. Rand, U.S. Attorney, Middle District of North Carolina

Join us for a trip around the courthouse, using humorous scenarios to address issues of ethics and professionalism. 

Session 03: Friday, February 12, 2016, 10:20 AM - 11:20 AM

03-1: A Toolbox for Domestic Violence Practitioners: Dynamics & Legal Remedies [2 of 3]

Sherry Honeycutt Everett, Staff Attorney, Domestic Violence Prevention Initiative, Legal Aid of North Carolina and Adjunct Assistant Professor, UNC School of Law and Elizabeth A. Froehling, Director of 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.

03-2: Hobby Lobby and the Future of Religious Exemptions

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

In 2014 the Supreme Court in Burwell v. Hobby Lobby held that a federal statute, the Religious Freedom Restoration Act (RFRA), entitled a for-profit employer to an exemption from the contraceptive mandate provisions of the Affordable Care Act.  This term the Court will revisit the scope of RFRA in Zubik v. Burwell and Priests for Life v. Burwell.  This session will examine Hobby Lobby and it implications for future claims for religious exemption.

03-3: Federal White Collar Crime: DOJ and Regulatory Trends

Anne M. Tompkins, Cadwalader Wickersham & Taft

As the Obama Administration enters the home stretch, this session will explore white-collar criminal enforcement trends in the Department of Justice, the SEC, the CTFC and the CFPB over the past years, what to expect for the next year, and what enforcement trends may survive into the next administration. 

03-4: FDA Down on the Farm: New Regulations Under the Food Safety Modernization Act

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

The Food & Drug Administration (FDA) has published final rules that dramatically change the food safety regime for fruits, vegetables, animal feed and most processed foods. Firms have as little as six months to come into compliance. Learn who is affected and what farms and food makers must do to respond.

03-5: Medical Child Abuse: Protecting the Child or Violating Parents' Rights

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

The session would focus on the increasing number of charges of medical child abuse being leveled at parents in abuse proceedings, custody claims, and in criminal trials.  The evolution of these charges from claims of Munchausen's Sydrome by Proxy to Medical Child Abuse, the problems associated with using medical diagnoses of medical child abuse to prove these charges, and the conflict between these charges and parents' constitutional rights to make health care decisions for their children will be considered.

03-6: NC General Assembly for Lawyers Who Don't Practice There

Joseph H. Lanier, Of Counsel, Troutman Sanders and John E. Turlington, Brooks Pierce McLendon Humphrey & Leonard

This session will provide details about actions taken at the North Carolina General Assembly during the 2015 Session that are relevant to attorneys in a variety of practice areas. It will include details about how attorneys can access the subject matter presented and is intended to provide up-to-date content. In addition, topics being considered by Legislators between sessions will be noted given that some of them may be considered during the 2016 Session.

03-7: Rights of Publicity & Student-Athletes

Kenneth B. Hammer, Senior Vice President and Chief Legal Officer, Toshiba Global Commerce Solutions, Inc and Barbara J. Osborne, Associate Professor, Department of Exercise & Sport Science, UNC-Chapel Hill

The billions of dollars flowing through the NCAA and college athletics programs have drawn scrutiny regarding the commercialism in college sport and criticism of the intercollegiate athletics amateur model. The consolidated Ii re NCAA Student-Athlete Likeness Litigation and O'Bannon cases raise the issue of fairness in using student-athletes' name, image and likeness without additional compensation. This presentation provides a history of the right of publicity, and examines potential student-athlete rights related to merchandising, fantasy sports, videogames, and broadcasting. 

03-8: The Shape of the Coast: What's Ahead for NC Coastal Policy?

Neal W. Andrew, Vice Chair, North Carolina Coastal Resources Commission; President, Andrew Consulting Engineers

This session will discuss the North Carolina Coastal Resources Commission’s recent and ongoing work on oceanfront setbacks, stabilization measures such as sandbags, and estuarine shoreline stabilization. The CRC vice chair also will address topics that the commission is currently considering, including inlet hazard areas, sea level rise study update, and a more comprehensive approach to how manage our beaches and inlets. 

03-9: You're Not from Around Here, Are You? Professional Interactions with Unknown Attorneys (PR)

Todd A. Collins, Director of the Public Policy Institute and Associate Professor, Western Carolina University

Attorneys that interact frequently often build trusting relationships that produce beneficial negotiations. However, this all changes when an attorney interacts with an unknown or “outsider” attorney. Based on a recently conducted survey of North Carolina attorneys, this session will explore attorney trust levels, interactions between unknown lawyers, and treatment from judges and court staff. 

Session 04: Friday, February 12, 2016, 11:30 AM - 12:30 PM

04-1: A 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.

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.

04-2: Band 101: Basics of Starting a Band

Coe W. Ramsey, Brooks Pierce McLendon Humphrey & Leonard

This session covers legal matters related to forming and operating a band including songwriting, copyrighting, publishing, entity formation, liability protection, band name ownership, and other music-related legal issues. 

04-3: Cybersecurity for Lawyers: The Law and Science of Hacking and Data Breach

Joseph E. Kennedy, Professor of Law, UNC School of Law

After providing a lay-person-friendly introduction to the computer science of hacking and the internet, this program covers the basics of the law of cybersecurity.  This overview will cover the Computer Fraud and Abuse Act, the NIST standards, and the relevant provisions of the HIPPA, the Gramm Leach Bliley Act, FTC regulations and select state statutes.  The recent European Court of Justice’s decision invalidating the Safe Harbor provisions of European data protection law and the Cyber Information Sharing act will be touched upon as well.  General principles for the protection of cyberdata and for responding to data breaches will also be discussed.

04-4: Deception in Negotiation: Rule 4.1 (PR)

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

In and interactive program, the presenters will explore the standards for honesty (or lack thereof) according to Rule 4.1 of the North Carolina State Bar Rules of Professional Conduct. We will also discuss what should be communicated to clients about the progress of a negotiation. 

04-5: Lawyers of Sound Mind (MH/SA)

Melody Moezzi, Writer, Activist, Attorney and Award-winning Author of “Haldol and Hyacinths: A Bipolar Life”

Have you ever considered the realities faced by lawyers who suffer from serious forms of mental illness? Come to learn more about the isolation that bi-polar disorder and other forms of serious mental illness can cause, and how lawyers can better prepare to support each other in times of need. 

04-6: Pearls of Wisdom from the NC Office of Administrative Hearings

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

This session will explore the 30-year history of the NC Office of Administrative Hearings (OAH). The presenter, who has been there from the beginning, will discuss jurisdiction, venue, significant ALJ decisions, legislative changes, and judicial review procedures and opinions. 

04-7: The End of the Road for the Map Act?

Matthew H. Bryant, Hendrick Bryant Nerhood Sanders & Otis and Jonathan D. Guze, Director of Legal Studies, John Locke Foundation

This session will focus on Kirby v. NCDOT and its implications. Topics covered will include: the history and impact of the Map Act; the North Carolina Court of Appeals' decision in favor of the landowners; the issues raised by the Department of Transportation (DOT) on appeal; and what the Supreme Court's resolution of the case will mean for property rights and transportation planning in our State.

04-8: The Shape of the Coast: Federal & State Coastal Case Law Update

Meredith Jo Alcoke, Ward and Smith 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. 

04-9: The Texas Inclusive Communities Case and the Future of Disparate Impact

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

This presentation will look at the history and development of the Fair Housing Act, the Court's recent decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc. and the future of litigation and advocacy under the disparate impact model of proving discrimination. 

Session Lunch: Friday, February 12, 2016, 12:30 PM - 1:30 PM

Attendees: Lunch Buffett ($25 additional charge)

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

Presenters: Lunch Buffet (for Presenters, Carolina Law Faculty, Staff, Student)

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

Session 05: Friday, February 12, 2016, 1:30 PM - 2:30 PM

05-1: Don't Fear the Audit! Help Your Clients Find & Correct Errors in 401(k) Plans

Beth Y. Grimes, Moore & Van Allen and Adjunct Professor, UNC School of Law

This session will help you help your clients! We will explore the 401(k) Plan correction programs available from the IRS and the DOL. Walk away with a basic road map that will allow your clients to correct mistakes and oversights that are bound to happen when dealing with 401(k) Plans.

05-2: Fringe Benefits: Taxing Google's Free Lunch

Kathleen DeLaney Thomas, Assistant Professor of Law, UNC School of Law

This session will explore the federal income taxation of fringe benefits in the modern era. After a discussion of emerging trends in workplace perks at Silicon Valley companies and beyond, it will consider how current tax laws apply to these perks and discuss possible reform measures.

05-3: Hot Topics in Health Law & 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 may include: new developments in implementation of the Affordable Care Act and health care reform; regulation of health care fraud and abuse; and the new proposed regulations covering human subject research.

05-4: Introduction to Executive Compensation

Timothy R. Ferguson, T.R. Ferguson, PLLC and Lecturer, Poole College of Management, NCSU

This session is a brief introduction and overview of executive compensation options and regulations, with a significant focus on equity-based compensation and securities and tax law considerations. Topics covered will include securities laws exemptions, Internal Revenue Code sections 83, 162m, 280G, 409A, and 4999, Sarbanes-Oxley, and Dodd-Frank. Attendees will gain an understanding of different types of executive incentive programs and types of equity-based compensation, including long-term incentive plans, top-hat plans, stock options (ISO and NSO), restricted stock awards, restricted stock units, stock appreciation rights, etc., as well as some of the controversies surrounding executive pay.

05-5: Litigating with the State on Constitutional Issues

Julia C. Ambrose, Brooks Pierce McLendon Humphrey & Leonard and Jim W. Phillips, Brooks Pierce McLendon Humphrey & Leonard

This session will discuss recent litigation challenging the constitutionality of statutes enacted by the North Carolina General Assembly taking or altering the powers of local governments or governmental bodies in North Carolina.

05-6: Occupational Licensing in a New Era: NC Dental Board v. FTC

Karen Cochrane-Brown, Director, Legislative Research Division, North Carolina General Assembly and Judith Welch Wegner, Burton Craige Professor of Law and Director of the Festival of Legal Learning, UNC School of Law

This session will consider the U.S. Supreme Court's decision in NC Dental Board v. FTC (February 2015), a case with major implications for occupational licensing and the operation of regulatory entities such as the State Bar. It will review nationwide changes since this decision and possible solutions to related dilemmas.

05-7: Poverty and Access to the Civil Justice System in North Carolina

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

Nichol will examine the relationship between poverty and economic distress in North Carolina and the constitutional demands of equal protection and due process of law. The session will consider unmet legal need in our state, recent federal and state cuts to legal aid budgets, and the attention paid to access to justice issues by the bench, bar, and law schools. He concludes that the denial of access to our civil justice system for low income Tar Heels is our largest legal challenge.

05-8: 12-Step Programs: Strengths & Limitations (MH/SA)

L. Aylett Colston, Hutchison PLLC; Michele Grinberg, Flaherty Sensabaugh Bonasso, PLLC; Vice Chair, General Service Board of Alcoholics Anonymous; Sam Huffstetler, AA Public Information Coordinator for Area 51 (North Carolina) and Richard J. Snider Jr., Snider & Rawlins Law Firm

A variety of steps may be taken by attorneys and others in order to address identified substance abuse problems. For many people, 12-step programs such as Alcoholics Anonymous or Narcotics Anonymous can prove a useful tool. Come join an attorney and representatives from Alcoholics Anonymous to gain basic information about recovery and about what AA is and is not.

05-9: What's Trending in Class Action Litigation

Anthony T. Lathrop, Moore & Van Allen

Over the last several years, companies and plaintiffs alike have been pushing to clarify the boundaries of class action litigation. This session will explore recent developments in federal and state class action law, including U.S. Supreme Court decisions, key issues under consideration by the High Court, and evolving legislative and rule-based proposals to revise class action procedure.

Session 06: Friday, February 12, 2016, 2:40 PM - 3:40 PM

06-1: Civil Rights Claimants and other Special Creditors in Municipal Bankruptcy

Melissa B. Jacoby, Graham Kenan Professor of Law, UNC School of Law

When a city goes bankrupt, commentators focus on the impact on bondholders, pensions, and employee benefits because they typically are the largest creditors in dollar amount. But how does bankruptcy affect people with other kinds of claims against the city, such as lawsuits alleging police misconduct? There now is court authority for the proposition that through municipal bankruptcy, cities can be relieved of at least their direct liability for police misconduct, and possibly an obligation to indemnify officers as well. This session will review the limited but highly significant law in this uncertain area at the intersection of bankruptcy and civil rights. It also will discuss ways the procedural and substantive protection of these claimants and other special claimants could be increased, even under current law.

06-2: Improving Diversity on Corporate Boards of Directors

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 review the most recent data from the 2015 Census of North Carolina Public Company Board Diversity conducted by the Director Diversity Initiative at the School of Law and compare the data with that from prior years. The value of board diversity and strategies for improving diversity will also be explored.

06-3: Just Enough to be Dangerous: Employment Law for Non-Employment Lawyers [1 of 2]

Nicole A. Crawford, Brooks Pierce McLendon Humphrey & Leonard

This session will give non-employment practitioners an overview of hot topics and legal updates in the field, including: identifying and understanding disabilities in the workplace and reasonable accommodations, identifying hostile work environment claims, current wage and hour developments (including equal pay), and the relevance of the National Labor Relations Board to non-unionized employees and employers. 

"Just Enough to be Dangerous" is a two-hour course that begins in Session 6 and ends with Session 7. Participants are encouraged to attend both sessions.

06-4: Leadership & Professionalism (PR)

John B. Kasprzak, Assistant Dean for Student Services, UNC School of Law and Sylvia K. Novinsky, Assistant Dean for Public Service Programs, UNC School of Law

Lawyers are often placed into leadership positions at work and in the community. Unfortunately, traditional law school courses do not prepare lawyers to easily succeed in senior leadership roles. Based on the School of Law’s Leadership Development Program, in this session presenter will explore its application in your practice, review practical leadership skills, and how to mentor others to do the same.

06-5: Medical Malpractice: Emerging Trends

Dan J. McLamb, Yates McLamb & Weyher and Lori A. Meyerhoffer, Yates McLamb & Weyher

This session will provide an update regarding emerging trends evident in connection with medical malpractice litigation and other forms of dispute resolution applicable in this context.

06-6: NC Business Court: Year in Review

Benjamin R. Norman, Brooks Pierce McLendon Humphrey & Leonard and Jennifer K. Van Zant, Brooks Pierce McLendon Humphrey & Leonard

This session will review important decisions decided in 2015 by the North Carolina Business Court, insight on practice pointers, and an update on changes that have occurred.

06-7: Reaping Resilience (PR)

Kaci Bishop, Clinical Associate Professor of Law, UNC School of Law and Alexa Z. Chew, Clinical Associate Professor of Law, UNC School of Law

All lawyers will make mistakes, and these mistakes, even small praiseworthy ones, are often viewed as failures. Fear of failure – big or small – can demotivate or paralyze particularly new lawyers. But, as the research of Carol Dweck, Angela Duckworth, and others have shown, a willingness to embrace failure and to learn from failure are skills, like any other, that can be mastered. This presentation builds from that research and explores ways to create an environment in which mistakes are welcome and ways to mentor new lawyers to help them learn from their mistakes so that they can be effective and resilient attorneys going forward.

06-8: Successes of the Innocence Inquiry Commission in its First Decade

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

This session will cover aspects of several of the seven cases handled by the North Carolina Innocence Inquiry Commission since its inception in 2006 in which nine men were exonerated. It will describe mistakes in the initial investigation and prosecution that led to the wrongful convictions and the later developments, including efforts of the commission investigators, which led to exoneration. Some features of the commission that have been helpful to its successes will be highlighted.

06-9: Will Strict Liability Become Even Stricter? Insider Trading Filing Requirements & Disgorgement of Short-Swing Profits

Andrew Chin, Associate Professor, UNC School of Law and Thomas Lee Hazen, Cary C. Boshamer Distinguished Professor of Law, UNC School of Law

Under Section 16 of the U.S. Securities Exchange Act of 1934, a company’s directors, officers and principal shareholders must file statements with the SEC reporting their ownership of and transactions in the company’s equity securities. Section 16(b) provides that these insiders may be held liable for any short-swing profits resulting from such transactions, and required to disgorge them to the company. In this program, Professor Hazen will provide an overview of Section 16’s filing and liability provisions, and Professor Chin will report on recent developments that may affect the longstanding “lowest-in, highest-out” rule for calculating short-swing liability under Section 16(b).

Session 07: Friday, February 12, 2016, 3:50 PM - 4:50 PM

07-1: Affordable Housing and Community Development: Policy & Practice

David K. Godschalk, General Counsel, Telesis Corporation, Inc

This session addresses the evolution and current state of the affordable housing and community development law, policy, and practice in the U.S., with an emphasis on recent developments including the Rental Assistance Demonstration (RAD) program and fair housing.

07-2: Death & (Estate) Taxes [1 of 2]

Christina Goshaw Hinkle, Tillman Hinkle & Whichard and L. Beth Tillman, Tillman Hinkle & Whichard

This two-hour course is appropriate for the beginning estate planner or the general practitioner who includes will drafting in their practice. We will cover the major developments in estate planning in the last fifteen years. Some of the topics covered will include the current federal estate tax, the elective share for spouses, beneficiary designations for retirement and life insurance, and the role of trusts in estate planning. We will also review the nuts and bolts of the initial client meeting and the signing process.

"Death and (Estate) Taxes" is a two-hour course that begins in Session 7 and ends with Session 8. Participants are encouraged to attend all sessions.

07-3: Just Enough to be Dangerous: Employment Law for Non-Employment Lawyers [2 of 2]

Nicole A. Crawford, Brooks Pierce McLendon Humphrey & Leonard

"Just Enough to be Dangerous" is a two-hour course that begins in Session 6 and ends with Session 7. Participants are encouraged to attend all sessions. Please see the session description in Session 6. 

07-4: Lawyers Firms and the Rules of Professional Responsibility (PR)

Peter G. Glenn, Stevens & Lee and Professor of Experiential Learning, The Penn State Dickinson School of Law

The Rules of Professional Conduct are literally directed to individual lawyers rather than law firms. The question to be explored is the ways in which the Rules, together with state and federal statutes, both indirectly and directly regulate law firms as entities.

07-5: Overview of Corporate Compliance & Ethics (PR)

Timothy R. Ferguson, T.R. Ferguson, PLLC and Lecturer, Poole College of Management, NCSU

A brief introduction and overview of best practices and hot trends in corporate compliance and ethics, including relevant regulations, the U.S. Sentencing Commission Guidelines, elements of an effective compliance and ethics program, codes of conduct and ethics, whistleblowers, and third-party/vendor compliance. Attendees will gain an appreciation of emerging risk areas and rising regulatory expectations.

07-6: Preventing Attorney Suicide (MH/SA)

Jodon Anne Flick, Clinical Assistant Professor, Jordan Institute for Families, UNC School of Social Work

An unfortunately high proportion of attorneys contemplate or die from suicide. Is it possible to prevent such tragedies? How can colleagues respond helpfully to peers, families and communities in the aftermath? Come to learn about emerging best practices from a social work professor who is an expert in this important area.

07-7: Swords & Shields: Overview of Current Topics in Public Company Merger Litigation

Clifton L. Brinson, Smith Anderson Blount Dorsett Mitchell & Jernigan and Donald H. Tucker Jr., Smith Anderson Blount Dorsett Mitchell & Jernigan

Shareholder litigation is a virtual given whenever a merger or acquisition involving a public company is announced. This session outlines common claims in merger litigation, provides an overview of typical offensive and defensive strategies, and explores other topics of current interest. The discussion will include use of bylaws to control risk related to shareholder litigation, including forum-selection and fee-shifting bylaws; developing trends related to "disclosure-only" settlements; and issues relating to the award of fees to plaintiff's counsel.

07-8: The Past is Never Dead: Magna Carta in NC

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

For the 800th anniversary of Magna Carta, this presentation examines the impact of that 13th century document in North Carolina. Two sections are included in the state constitution, and Magna Carta has been cited by the state supreme court more than 100 times, stretching from the 18th to the 21st centuries. The presentation will contrast historical scholarship on Magna Carta with the legal tradition, and consider Magna Carta's continued relevance.

07-9: Use of Collaborative Practices in the Resolution of Business Disputes

John L. Sarratt, Harris Sarratt & Hodges

Collaborative practices have become reasonably well known in the context of family law practice. Can such practices be applied elsewhere, such as in resolving business disputes? Come to learn about emerging developments that may hold promise for effective dispute resolution in business and other arenas.

Session 08: Friday, February 12, 2016, 5:00 PM - 6:00 PM

08-1: An Introduction to Venture Finance

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

This session discusses the process by which newly-formed companies raise capital from angel investors, venture capitalists, and other investors.

08-2: Death & (Estate) Taxes [2 of 2]

Christina Goshaw Hinkle, Tillman Hinkle & Whichard and L. Beth Tillman, Tillman Hinkle & Whichard

"Death and (Estate) Taxes" is a two-hour course that begins in Session 7 and ends with Session 8. Participants are encouraged to attend all sessions. Please see the session description in Session 7.

08-3: Food & Agriculture Law Update 2016

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

This session provides an overview of legislative developments in the areas of food and agriculture law from the 2015 session of the North Carolina General Assembly and issues from around the country, including an update on the FDA's Food Safety Modernization Act final rules.

08-4: Ethics Issues in Pro Bono Work (PR)

Jon P. McClanahan, Assistant Dean for Academic Excellence and Clinical Associate Professor of Law Education, UNC School of Law and Sylvia K. Novinsky, Assistant Dean for Public Service Programs, UNC School of Law

This session is designed to acclimate attorneys to the types of ethical issues that typically arise in Pro Bono cases as well as student-assisted pro bono projects.

08-5: Hot Topics in Criminal Law

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

This session will cover recent criminal law decisions issued by the North Carolina appellate courts and U.S. Supreme Court and highlights 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.

08-6: My Business Associate Filed Bankruptcy! What Do I Need to Know? A Primer for the Business Counselor

Clint S. Morse, Brooks Pierce McLendon Humphrey & Leonard and John H. Small, Brooks Pierce McLendon Humphrey & Leonard

This session will highlight some of the unique issues that arise when a business associate files for bankruptcy relief. Business associates considered include a partner in a general or limited partnership, member of an LLC, or stockholder in a closely held business. Key issues discussed will involve the impact on guarantor and primary borrower liability; the impacts on the ownership, management and control of the business; enforceability of certain bankruptcy-related clauses in business agreements; and the transferability of the bankruptcy debtor’s interest in the business entity.

08-7: Recent Developments: Dodd-Frank & Sarbanes-Oxley Whistleblower Law

Nicole A. Crawford, Brooks Pierce McLendon Humphrey & Leonard and David D. Smyth, Brooks Pierce McLendon Humphrey & Leonard

This session will address the whistleblower provisions under the Dodd-Frank Act of 2010 and Sarbanes-Oxley Act of 2002, the historical background of the Dodd-Frank provisions, and recent cases applying and interpreting those provisions. We will also discuss how companies can respond to these laws with minimal disruptions to their work.

08-8: Updates for the FCPA & Other Anti-Corruption Enforcement Abroad

Karen A. Popp, Sidley Austin

This session will discuss the latest developments in FCPA enforcement in the U.S., including ramifications from recent DOJ/SEC announcements, settlements, cases and ongoing investigations. The session will also address the changing landscape of anti-corruption enforcement in other parts of the world (e.g., China and South America).

08-9: Writing Through the Transition: Helping New Legal Writers Excel in the Workplace

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

Empirical research shows that one of the most challenging tasks for new lawyers on the job is writing independently. This presentation will provide both new lawyers and their supervisors with hands-on techniques to help new legal writers transition from law school to writing in the legal workplace.

Session 09: Saturday, February 13, 2016, 8:00 AM - 9:00 AM

09-1: Environmental Law Symposium I: NC Updates

Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law and Director, Center for Law, Environment, Adaptation and Resources (CLEAR), UNC School of Law and Heather E. Payne, Assistant Director of the Center for Law, Environment, Adaptation and Resources (CLEAR), UNC School of Law

North Carolina continues to see significant legislative and regulatory environmental changes relating to everything from offshore energy to third-party financing of electric generation and wind farms. In this hour, we will review the most important environmental regulatory and legislative changes from the past year at the state level and what it means for North Carolina.

09-2: How Land Use Decisions are Really Made: Tales from the Trenches

Thomas E. Terrell Jr., Smith Moore Leatherwood

This presentation features both humorous and frightening stories about the process that leads to land use approvals and denials. Join us for an insightful look into the dynamics of the chaos.

09-3: How Much Should You Pay Your Nonprofit Executive Director?

Robert W. Saunders, Brooks Pierce McLendon Humphrey & Leonard

This session examines the state nonprofit corporate law and federal tax law issues underlying compensating executive directors for a nonprofit tax-exempt charitable organization. As nonprofits engage in complex transactions in a more regulated environment, demand for professional expertise increases. There will be a focus on the consequences to the organization and the board of directors for paying excessive compensation and available procedures designed to minimize its risks.

09-4: Managing a Business’ Privacy Data: A Critical Foundation for Building & Protecting Value

Alicia A. Gilleskie, Smith Anderson Blount Dorsett Mitchell & Jernigan

Companies across industries are confronting mounting cybersecurity and data breach threats, making data use, privacy and security a critical risk area. All companies, even those that don’t include exploitation of data as an integral part of their business model, come into contact with regulated personal information -- whether from employees, customers, website users or business partners. Such data is regulated under a patchwork of laws and often subject to contractual obligations that can drastically affect business growth and value. This session will provide an overview of legal and risk considerations surrounding the collection and maintenance of regulated data assets, the use and disclosure of such data by a company and its vendors, and tips for addressing and mitigating risks.

09-5: Overview: Significant Local Government Cases

Gregory F. Schwitzgebel III, Associate General Counsel, North Carolina League of Municipalities

An overview of appellate cases involving local government entities during the course of the past year.

09-6: Professional Identity: Building a Better Bar (PR) [1 of 2]

Judith Welch Wegner, Burton Craige Professor of Law and Director of the Festival of Legal Learning, UNC School of Law and Edward C. Winslow III, Brooks Pierce McLendon Humphrey & Leonard

Lawyers are well-aware of attention historically paid to “ethics” and “professionalism.” “Professional identity” has become a new buzz-word in legal education, with efforts underway to help students and young lawyers engage more deeply with core values in order to enhance their effectiveness. Come to learn about emerging research and to strategize about related steps that might be undertaken by law firms and bar groups.
“Building a Better Bar” is a two-hour course that begins in Session 9 and ends in Session 10. Participants are encouraged to attend both sessions.

09-7: Recent Rulemakings and Enforcement Actions at the CFPB

Jeffrey P. Taft, Mayer Brown

This session will highlight important CFPB developments during the past year, including rulemaking activities (larger participant rule for auto lenders, narratives for complaint data and TILA/RESPA disclosures) and enforcement trends (including fair lending and UDAAP). In addition, this session will discuss potential CFPB rulemaking and enforcement activities in the coming year.

09-8: Reopening of U.S.-Cuba Relations: Opportunity for NC Businesses?

Timothy G. Nelson, Brooks Pierce McLendon Humphrey & Leonard and Randall A. Underwood, Brooks Pierce McLendon Humphrey & Leonard

Update on recent regulatory and political changes. Overview of U.S. trade regulations and trade and travel restrictions easing. What does it mean for NC businesses? What is on the horizon?

09-9: Trial Techniques for Complex Cases

Rachel I. Gurvich, Visiting Clinical Assistant Professor of Law, UNC School of Law and Cynthia D. Vreeland, Wilmer Cutler Pickering Hale and Dorr

Taught by two patent litigators, this session explores best trial practices for complex cases – those involving highly technical subject areas, intricate technology, and/or large volumes of evidence. Learn strategies for making your case appealing and accessible to the factfinder from the preparation stage through trial. The session will include tips for preparing your case to maximize your trial effectiveness and pointers about trial techniques, including lay and expert witness preparation and examinations, opening statements, and closing arguments.

Session 10: Saturday, February 13, 2016, 9:10 AM - 10:10 AM

10-1: Environmental Law Symposium II: Environmental Justice

Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law and Director, Center for Law, Environment, Adaptation and Resources (CLEAR), UNC School of Law and Maria Savasta-Kennedy, Clinical Professor of Law and Director of the Externship Program, UNC School of Law

This session will provide an update on environmental justice issues, from Concentrated Animal Feeding Operations (CAFO) to fracking and coal ash. North Carolina has seen or will see some significant developments relating to these topics. In this hour, we will review recent developments and potential effects of these issues on North Carolina.

10-2: Ethical Constraints on Dealing with Represented Persons (PR)

Bernard A. Burk, Visiting Professor, Campbell University Law School

ABA Model Rule of Professional Conduct 4.2 (adopted with nonconforming additions as North Carolina Rule of Professional Conduct 4.2) imposes strict constraints on how and when lawyers and their investigators may engage directly with represented persons (or persons associated with represented companies). Sanctions for violation can be severe and broad-ranging. This talk explores the myriad situations in which the rule commonly comes into play.

10-3: Exploring Copyright & Streaming: Cord Nevers Cord Shavers Cord Cutters & Cord Cheaters

Julia C. Ambrose, Brooks Pierce McLendon Humphrey & Leonard and Wade H. Hargrove, Brooks Pierce McLendon Humphrey and Leonard

We will explore the integration of copyright law and the increasing consumption of television programming online.

10-4: Immigration Reform & Control Act of 1986: Implications for the Criminal Defense Practitioner

Maitri Klinkosum, Tin Fulton Walker & Owen

This session covers the Immigration Reform & Control Act (IRCA) of 1986 and its potential impact in the defense of undocumented clients. The intersection between IRCA and the Supremacy Clause of the U.S. Constitution can have a significant impact on the criminal defense practitioner's ability to prevent undocumented clients from being prosecuted, given the right circumstances. Additionally, prosecutors should be aware of the impact of IRCA and the Supremacy Clause in determining whether to charge undocumented workers with certain crimes.

10-5: Legal Writing: Custom Editing Exercises in Written Feedback

Sara B. Warf, Clinical Assistant Professor of Law, UNC School of Law

This session explores the benefits of providing law students with a concrete, customized editing exercise within their lengthier written feedback on legal writing assignments. Specifically, the session will explore the theory behind such exercises, the methods for developing them, and the benefits that accrue to both student and professor from their completion.

10-6: Professional Identity: Building a Better Bar (PR) [2 of 2]

Judith Welch Wegner, Burton Craige Professor of Law and Director of the Festival of Legal Learning, UNC School of Law and Edward C. Winslow III, Brooks Pierce McLendon Humphrey & Leonard

“Building a Better Bar” is a two-hour course that begins in Session 9 and ends in Session 10. Participants are encouraged to attend all sessions. Please see the course description in Session 9.

10-7: South Africa After Apartheid

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

Democracy and the rule of law stands at a crossroads twenty two years after apartheid ended and two years after Nelson Mandela died. Are South Africa’s democratic institution and its progressive constitution strong enough to resist worrying pressures from political forces that may curb freedom of expression and judicial independence? The speaker recently taught for a semester in South Africa and will bring important fresh insights about these dilemmas.

10-8: Update on Consumer Financial Services

Joseph S. Dowdy, Kilpatrick Townsend & Stockton and Phillip A. Harris Jr., Kilpatrick Townsend & Stockton

This session will address recent developments and trends in state and federal consumer protection laws governing the financial services industry. The session will provide a brief introduction to the primary sources of consumer financial services litigation and a discussion of recent developments in the law, including the North Carolina Debt Collection Practices Act, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA), and other similar statutes and regulations. We will also present various strategies and approaches to resolving these matters when they are presented in civil litigation or as regulatory enforcement actions.

10-9: Academic Entrepreneurship: University Startups as a Means for Translating University Research into Value-Creating Enterprises

Don Rose, Director, UNC KickStart Venture Services; Professor of the Practice of Strategy and Entrepreneurship, UNC Kenan-Flagler Business School

University research provides a rich source of innovation. The translation of this innovation into high impact products and services can occur through licensing to established companies or by spinning a company out of the university. With the increasing emphasis on innovation and entrepreneurship on university campuses, faculty, entrepreneurs, and tech transfer offices are becoming more engaged in entrepreneurial technology commercialization. This lecture provides an overview of university startups, the role they play in technology commercialization, and some of the key steps in getting startups launched, funded, and successful in their mission to create value and deliver innovative products and services. 


Session 11: Saturday, February 13, 2016, 10:20 AM - 11:20 AM

11-1: Environmental Law Symposium III: EPA's Clean Power Plan

Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law and Director, Center for Law, Environment, Adaptation and Resources (CLEAR), UNC School of Law and Jonas J. Monast, Director of the Climate and Energy Program, Nicholas Institute for Environmental Policy Solutions, Duke

This hour will explore federal greenhouse gas regulation, concentrating on the final version of EPA's Clean Power Plan rule. We will discuss how the proposed and final rules varied, already-filed and potential legal challenges, and possible effects of the rule on North Carolina.

11-2: Exploring Collaborative Divorce: Statutory & Respectful Alternative to Adversarial Divorce

Martha J. Mason, The Law Office of Martha J. Mason

We will explore the now well-established Collaborative Divorce alternative in North Carolina to the traditional adversarial divorce model. How is Collaborative Divorce different from litigation, and from mediation, arbitration, and other alternative dispute models? We will also discuss the exciting new frontiers for families that Collaborative Divorce offers in terms of having an interdisciplinary team helping the family transition into two households in a healthy way.

11-3: Fastcase & Clio: Better Together

Aaron S. Kirschenfeld, Reference and Digital Initiatives Law Librarian, Kathrine R. Everett Law Library, UNC School of Law

In 2014, Fastcase, the low-cost legal research provider (and North Carolina Bar Association benefit), announced an integration with Clio, the cloud-based practice management tool. Learn how to incorporate key features from both products into your practice.

11-4: Helping Clients Legally Navigate Today's Social Media World

C. Amanda Martin, Stevens Martin Vaughn & Tadych

In today's economy, every business is in the media business. Whether they are posting information to websites and tweeting about industry issues or offering goods and services for sale online, clients need guidance on the rules of the new media road. This session provides a framework for giving clients that legal advice.

11-5: Introduction to Mental Health First Aid (MH/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 4 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 training non-mental health professionals (including lawyers) 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.

11-6: Protecting Car Buyers from Abuses in the Sale of Add-on Products

John W. Van Alst, National Consumer Law Center

This session explores abuses often seen in car sales related to the sale of add-on products such as credit insurance, window etching, rust proofing, "GAP" insurance, service contracts, and more. Attendees will gain an understanding of some common abuses, ways policy makers can protect car buyers, and how consumer attorneys can successfully represent consumers who have fallen victim to such abuses.

11-7: Recent Developments in Health Care Fraud & Abuse Law

Sean A. Timmons, Polsinelli PC

This session will provide a brief survey of the primary federal health care fraud and abuse laws, the federal False Claims Act, the Federal Health Care Program Anti-Kickback Statute, and the Federal Self-Referral Statute (the "Stark Statute"). In addition, the session will cover recent case law developments, including an emphasis on the recent Fourth Circuit decision in U.S. ex rel. Drakeford v. Tuomey.

11-8: Unauthorized Practice of Law in NC: Do the Statutes Serve their Purpose?

Reid L. Phillips, Brooks Pierce McLendon Humphrey & Leonard

Do the unauthorized practice of law statutes genuinely serve the purpose for which they were written? Or are they being used by the bar to thwart competition and frustrate the delivery of legal services to consumers and small businesses? This presentation will explore recent court cases challenging the application of the unauthorized practice of law statutes to the delivery of legal services by non-traditional provides, such as LegalZoom, trade associations and Internet-based entrepreneurs.

11-9: Workshop: A Master Class in Direct & Cross-Examination [1 of 2]

Jonathan E. Broun, Assistant Capital Defender, Office of the Capital Defender and Adjunct Professor, 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 are encouraged to attend all sessions. ***These sessions are repeat from Festival 2015. 

Session 12: Saturday, February 13, 2016, 11:30 AM - 12:30 PM

12-1: Environmental Law Symposium IV: The Paris Negotiations/COP 21

Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in Environmental Law and Director, Center for Law, Environment, Adaptation and Resources (CLEAR), UNC School of Law

We will spend this hour looking at the U.N. Climate Change Conference ( COP 21) negotiations and what the international community did - or did not - accomplish in Paris in December. Part of the hour will be spent looking at negotiating positions and alliances, and we will conclude with a discussion of where the world goes from here.

12-2: Ethics in Fee Billing & Collections (Or How to Lose Your Fee & Your Law License in One Dumb Gesture) (PR)

Bernard A. Burk, Visiting Professor, Campbell University Law School

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. ***This session is a repeat from Festival 2015.

12-3: "Government Speech" in the Local Government Context: When Can the City Council Take Sides?

Frayda S. Bluestein, Associate Dean for Faculty Development and David M. Lawrence Distinguished Professor of Public Law and Government, UNC School of Government

An evolving body of First Amendment case law holds that when the government speaks (even through license plates), it can choose a viewpoint. How does this relate to the notion that the government regulation of expression must be viewpoint neutral, even in a nonpublic forum? This session will discuss the "government speech" concept as it applies to local government meetings, websites, social media, and other forums.

12-4: Primer: Hart-Scott-Rodino & Premerger Antitrust Approval

Martin H. Brinkley, Dean, UNC School of Law

This session describes the premerger approval process through the lens of the Hart-Scott-Rodino Antitrust Improvements Act, as well as the investigations by the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice that HSR filings can trigger. The mechanics of and judgment calls associated with HSR Act filings will be covered, along with related topics such as "gun jumping" and strategies for handling investigations from both buyer and seller perspectives.

12-5: Reforming NC's Tax System

William W. Nelson, Smith Anderson Blount Dorsett Mitchell & Jernigan

This session discusses the major overhaul of North Carolina's tax system that began in 2013 with emphasis on the tax provisions enacted in the 2015 Regular Session of the North Carolina General Assembly and prospects for the future.

12-6: Sticks & Stones: An Update on Recent Developments in Construction Law

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

This session will examine recent trends and developments in construction law and their effect on the rights and obligations of owners, contractors, subcontractors and design professionals. *No prior sessions or construction law background is required.

12-7: Top 10 Tips for Writing Powerfully

Wyatt B. Orsbon, Visiting Clinical Assistant Professor of Law and Craig T. Smith, Assistant Dean for the Writing and Learning Resources Center and Clinical Professor of Law, UNC School of Law

The use of straightforward writing techniques can change a weak document into a strong one. This session will present simple but effective strategies for making your legal writing compelling and powerful.

12-8: Use of Detector Dogs & Probable Cause

Richard E. Myers II, Henry Brandis Distinguished Professor of Law, UNC School of Law

The session will explore the use of detector dogs to establish probable cause to search, consider recent legal challenges to their use and accuracy, and recent court decisions about when and where they may be deployed.

12-9: Workshop: A Master Class in Direct & Cross-Examination [2 of 2]

Jonathan E. Broun, Assistant Capital Defender, Office of the Capital Defender and Adjunct Professor, 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 are encouraged to attend all sessions. Please see the course description in Session 11. ***These sessions are repeat from Festival 2015.

UNC School of Law | Van Hecke-Wettach Hall | 160 Ridge Road, CB #3380 | Chapel Hill, NC 27599-3380 | 919.962.5106


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