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View Session Descriptions: Click on each time slot to view a drop-down list of courses for the 2017 Festival of Legal Learning (or see: printer-friendly brochurePDF).

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 10, 2017, 8:00 AM - 9:00 AM

(Not Attending)

01-01: Affirmative Defenses to Workers' Compensation Claims in NC

Michael W. Ballance, Dickie McCamey & Chilcote, North Carolina Dispute Resolution Commission Certified Mediator and Adjunct Professor of Law, UNC School of Law

This session will examine the various affirmative defenses to workers’ compensation claims, including intoxication from alcohol or illegal drugs, misrepresentation at hiring, willful intent to injure oneself or another and failure to use safety devices or to follow safety rules. The session will cover strategies for the investigation of such claims and recommendations for both plaintiff and defense attorneys in the successful handling of claims involving these defenses.

01-02: Financial Scam Trends and Prevention

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

This session will include discussions on recent techniques for online scams, telemarketing fraud and identity theft and offer practical steps you and your clients can take to avoid them. Recent legislation to assist in protecting seniors as well as children will be reviewed. Although more emphasis will be on prevention, there will be instructions provided on what to do when victimization occurs.

01-03: Free Foreign and International Law Research on the Internet

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 session will demonstrate how lawyers can research foreign and international law for free using the internet.

01-04: Getting the 411 on Workplace Stress (MH/SA)

Dustin Morris, Adjunct Associate Professor, UNC Forensic Psychiatry, Psychological and Program Manager, CP Healthcare Complex, North Carolina Department of Public Safety

Workplace stress is a common, yet difficult to quantify, problem in many high demand professions. This presentation will focus on the deleterious impact of stress on physical and mental health, possible causes, and warning signs and interventions that can be used to reduce the impact of stress on well-being.

01-05: Government Responsibility for Torture and Human Rights Violations

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

This session will examine the CIA’s Detention and Interrogation program that included extraordinary rendition and torture as well as the international, federal and state laws the program implicated. It will provide an overview of judicial and other law-related efforts both in the United States and abroad to obtain accountability and reparations for the victims of the program, including efforts in North Carolina to establish a citizen’s commission of inquiry on torture.

01-06: Introduction to Appellate Practice for Non-Appellate Lawyers

Eric J. Brignac, Assistant Federal Public Defender, Office of the Federal Public Defender, EDNC and Adjunct Professor, UNC School of Law

This session is geared toward attorneys who are considering moving into appellate work with appointed cases or through an expansion of their practice. We will cover practice in the trial court, including how to notice issues for preservation and how to avoid jurisdictional traps with the notice of appeal; how to brief issues and what common traps to avoid, and discuss of how to prepare for and deliver oral arguments; and what to do after the court decides. The session will cover the relevant Federal and North Carolina rules of appellate procedure.

01-07: 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).

01-08: Recent and Interesting Developments in Trademark and Trade Secret Law

David W. Sar, Brooks Pierce McLendon Humphrey & Leonard

As the Internet Age continues to be more routinely global, trademark and trade secret laws continue to evolve and try to keep up with changing commerce. This session addresses recent developments in trade secret and trademark laws, including the both new federal trade secret law and interesting case decisions.

01-09: The Future of Affirmative Action After 'Fisher v. University of Texas (II)'

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

Concerted political and constitutional challenges have been asserted since at least the early 2000s against any continued use of affirmative action in admitting applicants to higher education. The U.S. Supreme Court in 2003 addressed the issue in two cases, upholding the University of Michigan Law School’s tailored admissions plan in the first, but striking a more mechanical use of race by Michigan undergraduate admissions officials. Then in 2007, the Court revisited the appropriate Equal Protective Clause standards in two secondary school cases, with no five-Justice block agreeing on the proper standard. In 2013 came a further challenge to the use of race at the University of Texas. That challenge, initially decided in Fisher v. University of Texas at Austin in 2013, produce a hazy partial victory for the University, subject to further consideration on remand. When the Fifth Circuit upheld the Texas plan, the plaintiff again sought Supreme Court relief. In Fisher II, decided this past summer, the Court upheld the Texas approach a second time, offering some pointed hints of whether and under what circumstances further challenges might succeed in the future. In this session, Professor Boger will consider the contemporary landscape and the impact of an appointment to replace Justice Scalia.

01-10: The Shape of the Coast: Insurance Update

Donald T. Hornstein, Aubrey L. Brooks Professor of Law, UNC School of Law

Flood and wind losses to property owners at the coast are increasingly at the top of the agenda in any discussion involving coastal sustainability, coastal resiliency, or even basic coastal economics. The National Flood Insurance Program (NFIP), after two tumultuous -- and largely offsetting -- congressional reforms passed in 2012 and 2014, was extended only into 2017 and will require congressional action this year. This session will cover the major issues that are front-and-center on this year's NFIP public-policy agenda. Professor Hornstein will also discuss the state of wind insurance in North Carolina, sharing with us his unique perspective not only as a member of the 2008-2009 General Assembly study commission that led to the State's current statutory framework for coastal wind insurance, but also the perspectives he has gained ever since as a member of the Board of Directors of the North Carolina Insurance Underwriting Association, commonly known as the "Beach Plan," that is the state's largest property insurer of properties in our state's 20 coastal and beach counties.

Session 02: Friday, February 10, 2017, 9:10 AM - 10:10 AM

(Not Attending)

02-01: Advising Your Client on Privacy & Information Security in 2017

Matthew A. Cordell, Ward and Smith, P.A

The author of the “North Carolina Privacy & Information Security Law Blog” will cover a broad range of privacy and security topics important for any lawyer advising business clients. The session will address the pitfalls in Business Associate Agreements with a HIPAA-covered entity, the North Carolina Education Technology Law, and North Carolina’s Revenge Porn Statute, as well as three things you should tell your client to do immediately in the event of a data security breach. In addition, the session will provide an update on the European Data Privacy Standards.

02-02: Best Practices: The Supply Chain Contract

Larry B. Sampson, Corporate Counsel, Sampson Law Offices

A reliable supply chain is critical to the success of every great company. Effectively managing its vendors and suppliers requires performance monitoring and oversight, supported by contractual terms and conditions that incentivize improved performance while also protecting the company. The session will offer several ‘best practices’ for attorneys to employ when representing their clients with supply chain management responsibilities.

02-03: Challenges of Title VI Advocacy in NC and the Need for a 'Sandoval' Fix

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

Title VI of the Civil Rights Act of 1964 was once a powerful tool for communities and advocates to challenge a range of racially discriminatory public policies and disparate impacts on communities of color, including school segregation and environmental injustice. The U.S. Supreme Court’s 2001 decision in Alexander v. Sandoval sharply restricted the scope and impact of Title VI by eliminating a private right of action to challenge policies and practices that have a discriminatory impact. Reliance on federal agencies to enforce Title VI holds little promise for communities suffering discriminatory impacts because those agencies are remarkably slow to make findings and resolve Title VI administrative complaints. The session will explore the challenges of Title VI advocacy in North Carolina post-Sandoval and the need for a legislative fix to revive the anti-discrimination promise and power of the Civil Rights Act.

02-04: Emerging Issues in Criminal Justice Advocacy

Eisha Jain, Assistant Professor of Law, UNC School of Law and Elizabeth G. Simpson, North Carolina Prisoner Legal Services

This session will explore two important emerging developments in criminal justice advocacy: collateral consequences of contact with the criminal justice system and emerging developments with parole procedures for offenders who were juveniles at the time of their crime.

02-05: Labor and Employment Law: National Roundup

Jeffrey M. Hirsch, Associate Dean for Strategy and Geneva Yeargan Rand Distinguished Professor of Law

Professor Hirsch will explore some of the last year's most significant labor and employment cases, with a focus on national trends.

02-06: Legislating History in Rwanda

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

Politicians across the world use legal (and sometimes extralegal) means to establish and enforce particular – often ahistorical – versions of their countries’ histories. Typically, the history is carefully tailored to legitimize the politicians’ continuing claims to power. This session will introduce the problem of legislated history and will focus on the example of Rwanda, a particularly extreme example of the phenomenon.

02-07: NC General Assembly and Important Policy Trends

Tracy W. Kimbrell, Parker Poe Adams & Bernstein and Ed Turlington, Brooks Pierce McLendon Humphrey & Leonard

The session will highlight key policy trends in areas such as health care, education and transportation and discuss how the North Carolina General Assembly's actions are impacting them.

02-08: Providing Effective Counsel to Survivors of Campus Sexual Assault in University Proceedings

Beth S. Posner, Clinical Assistant Professor of Law, UNC School of Law

This session will provide a general overview of federally-mandated university and college responses to campus sexual assault and will explore the various roles an attorney may play in assisting a survivor in disciplinary proceedings. Although the role of attorneys in these cases varies depending on school-specific policies, this session will focus on the skills necessary to ensure that clients’ rights are protected through trauma-informed and client-centered representation. Professor Posner will outline best practices for working with clients during the stages of reporting and investigation, administrative meetings and disciplinary proceedings and appeals.

02-09: Recent Developments in Family Law

K. Edward Greene, Wyrick Robbins Yates & Ponton

This session will review of the family law appellate opinions and any new relevant statutes, filed or passed within the prior 12 months.

02-10: The Shape of the Coast: What's Ahead for NC Coastal Policy?

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

This session will discuss the North Carolina Coastal Resources Commission’s (CRC) recent and ongoing work on oceanfront setbacks, stabilization measures such as sandbags and estuarine shoreline stabilization. The CRC representative 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 inlet.

Session 03: Friday, February 10, 2017, 10:20 AM - 11:20 AM

(Not Attending)

03-01: Basic Firearms for Lawyers

John J. Golder, Special Agent, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and Richard E. Myers II, Henry Brandis Distinguished Professor of Law, UNC School of Law

What’s the difference between an automatic and semiautomatic pistol? How does a revolver differ from a semiautomatic? What is a weapon of mass destruction? This session will cover what you need to know about how firearms work to be ready to litigate cases involving guns. Professor Myers and Special Agent Golder will offer a firearms primer for lawyers.

03-02: 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.

03-03: Cultural Competence and the Practice of Law (PR)

Bianca D. Mack, Assistant Dean for Admissions, UNC School of Law; Judith Welch Wegner, Burton Craige Professor of Law and Director of the Festival of Legal Learning, UNC School of Law and Ada K. Wilson, Director, Inclusive Student Excellence Diversity and Multicultural Affairs, UNC Chapel Hill

So you wondered how culture and identify impact the justice system and your practice? Would you like to in learn more and master a framework that will help you deal with related issues? If so, join us for this interactive workshop. Enrolled participants will be sent additional information and asked to take an on-line instrument developed by the Cultural Intelligence Center (https://culturalq.com)(cost $18) in advance of the conference.

03-04: Current Topics: A View From the Bench

William L. Osteen Jr., Chief District Judge, US District Court, Middle District of North Carolina

In this session, a U.S. Federal District Court judge will offer his insights on current issues facing trial lawyers. Topics will include, among others, sentencing after Johnson v. United States, motions to dismiss civil claims after Iqbal and Twombly, and dealing with juries in the digital age.

03-05: NC Business Court: A 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 2016 by the North Carolina Business Court, offer insight and practice pointers based on those changes.

03-06: Primer: Hart-Scott-Rodino and 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 FTC 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.

***This session is a repeat from Festival 2016.***

03-07: School to Prison Pipeline: A Macro and a Micro View

Barbara A. Fedders, Assistant Professor of Law, UNC School of Law and Erika Wilson, Assistant Professor of Law, UNC School of Law

This session will provide an overview of the jurisprudential and cultural determinants of today’s system of criminalized school discipline. We will examine the development of hypersegregated, high-poverty schools; the rise of school policing; the racialized history of Goss v. Lopez, the Supreme Court case that established the due process protections that must precede a school suspension; and the reliance on the juvenile system by over-stressed educators as a service provider of last resort. We will also provide practice tips for attorneys working in both the schools representing students at risk of suspension and the juvenile and criminal legal systems representing students charged with school-based offenses.

03-08: Survey of Areas of Practice in Consumer Protection Law

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

Americans expect to be treated honestly and fairly in the marketplace. The vast array of deceptive financial services and defective household products and services has given rise to increasing demand for economic justice and for skilled representation. This session will describe the broad array of topics and specialties through which lawyers across the country are expanding their practices. Additionally, the session will include ethical issues somewhat unique to working with consumers and it is my intent to incite lawyers to expand their practices to include consumer protection.

03-09: Taxing the Gig Economy

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

This session will look at tax issues that arise for “gig workers” in the new sharing economy (e.g., Uber drivers). Topics covered will include employee versus independent contractor status, information reporting, and other tax compliance matters.

03-10: The Shape of the Coast: Federal and State Coastal Case Law Update

Meredith Jo Alcoke, Ward and Smith and Todd S. Roessler, Kilpatrick Townsend & Stockton

The session 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.

Session 04: Friday, February 10, 2017, 11:30 AM - 12:30 PM

(Not Attending)

04-01: Criminal Tax Investigations and Prosecutions

Edwin L. West III, Brooks, Pierce, McLendon, Humphrey & Leonard

This session offers an overview of Internal Revenue Service and North Carolina Department of Revenue criminal tax investigations and will include discussion of common misperceptions by civil practitioners and tax professionals, common triggers of criminal investigations, and current enforcement priorities.

04-02: Ethical Supervision of New Lawyers and Law Students (PR)

Maria Savasta-Kennedy, Clinical Professor of Law and Director of the 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.

04-03: Implicit Bias and the Practice of Law (PR)

Bianca D. Mack, Assistant Dean for Admissions, UNC School of Law; Judith Welch Wegner, Burton Craige Professor of Law and Director of the Festival of Legal Learning, UNC School of Law and Ada K. Wilson, Director, Inclusive Student Excellence Diversity and Multicultural Affairs, UNC Chapel Hill

Social scientists have in recent years studied "implicit bias," that is, bias in judgment and/or behavior that results from subtle cognitive processes that often operate at a level below conscious awareness and without intentional control. The National Center for State Courts, among others, has studied ways in which insights about implicit bias can be mitigated in order to help physicians make better treatment decisions, managers to make better hiring decisions, and police officers make better decisions about use of armed force. Join us for an interactive discussion and possible implications in various areas of practice.

04-04: Individual Trustees - Blessing or Curse: When to Use Them and How to Advise Them

John W. Forneris, Robinson Bradshaw & Hinson, P.A and Thomas P. Holderness, Robinson, Bradshaw & Hinson

For a variety of reasons, many settlors name individual trustees. The session explores when an individual trustee should be used, when an individual trustee should be avoided, and practical tips for advising them about how to do the job.

04-05: International and Comparative Perspectives on Transgender Rights

Holning S. Lau, Reef C. Ivey, II Distinguished Professor of Law, Associate Dean for Faculty Development, and Faculty Director of the LL.M. Program

This session will examine major legal developments around the world concerning transgender rights. Professor Lau will discuss developments at the United Nations, at regional human rights bodies, and in foreign countries that have undergone significant reforms to protect transgender rights.

04-06: Taking the Risk and Reaping the Reward: Trial Strategies for the Not-So-Faint-of-Heart

Steven B. Epstein, Poyner Spruill

This session 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 void dire to closing argument.

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

04-07: The Incredible Expanding Presidency

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

This session will look at how presidential power has evolved since the founding and how it is likely to continue to expand in the future regardless of who holds the keys to the Oval Office. Professor Marshall will also examine what constraints, if any, can be used to check what some have considered a dangerous constitutional development.

04-08: The 'Jevic' Case, Priority Rules and Court Discretion: Implications for the Bankruptcy System (and Beyond?)

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

This session will discuss and explore the relevance of Czyzewski v. Jevic Holding Corp. (15-649) to be heard by the U.S. Supreme Court in the upcoming term. In Jevic, the U.S. Court of Appeals for the Third Circuit upheld a court order in a Chapter 11 corporate bankruptcy case that stripped terminated workers of payment and collection rights promised to them by the Bankruptcy Code’s priority rules over the objections of those terminated workers. We will consider the impact of this case’s resolution on business bankruptcy with a particular focus on consumer bankruptcy cases and for non-bankruptcy contexts - either relating to federal statutes that impose priority rules, or circumstances in which parties may seek settlements in tension with other laws.

04-09: The Right to Be Forgotten

David A. Hoffman, Associate General Counsel and Global Privacy Officer, Intel Corporation; Anne Klinefelter, Associate Professor of Law and Director, Kathrine R. Everett Law Library, UNC School of Law and Mary-Rose Papandrea, Professor of Law and Associate Dean for Academic Affairs, UNC School of Law

This session will provide an overview of the developing European Union Right to Be Forgotten and its impact in the European Union and in the United States. They will explore challenges with implementation of the EU right, highlight similar areas of law around the world, including the United States, and address the tension between the First Amendment and privacy protections under U.S. law.

04-10: The Shape of the Coast: Public Beach Access and Oyster Aquaculture

Jane Harrison, Coastal Economics Specialist, North Carolina SeaGrant, NC State University; John Palmer Hilton, Fellow, North Carolina Coastal Resources Law, Planning and Policy Center, UNC School of Law and Lisa C. Schiavinato, Extension Director, California Sea Grant College Program

The first part of this program will focus on public access to beaches, which has been the subject of legal and public debate in North Carolina. With the Cherry and Sansotta cases and now with the Nies litigation, North Carolina’s courts have been asked to resolve the conflict that sometimes arises between oceanfront property owners and beachgoers. The same debate is occurring in other coastal states as well, including California. This session will compare and contrast the legal and policy debate in both states, plus present an overview of California’s legal approach to balancing public access with private property rights. The second half of the program will provide an update on the current state of the oyster aquaculture industry in our state, including an update on regulatory efforts needed to facilitate oyster farming in state waters.

Session Lunch: Friday, February 10, 2017, 12:30 PM - 1:30 PM

(Not Attending)

Attendees: Networking Lunch (Buffett) ($25 additional charge)

Purchase ticket to attend the networking lunch (buffet) at the Friday Center.

Presenters: Presenter/Staff Networking Lunch - Lunch Buffet

Complimentary lunch ticket provided for program presenters to attend the networking lunch (buffet), UNC Law School faculty and staff ONLY.

Session 05: Friday, February 10, 2017, 1:30 PM - 2:30 PM

(Not Attending)

05-01: Attorney Perceptions of Professional Relationships Based on Race, Gender, and Age (PR)

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

Using an original survey of over 2,000 North Carolina attorneys, we examine attorney perceptions of unfair (and perhaps discriminatory) treatment based on race, gender and age among lawyers. The survey results have important implications for understanding attorney relationships and potential barriers for minority groups within a profession’s culture. These potential obstacles not only may impact the ability to represent one's clients, but could also influence the makeup of the bar, attorney choice for citizens, and the prospects for a representative judiciary.

05-02: Getting on the FAST Track and Exploring JOBS: Recent Exemptions from Registration Under the Securities Act of 1933

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

The session will cover the new section 4(a)(7) that was added in 2015 by the Fixing America's Surface Transportation Act (FAST Act), crowdfunding, and Regulation A as expanded by the Jumpstart Our Business Startups Act (JOBS Act). The discussion will also include coverage of the expansion of Regulation D by permitting general solicitations of accredited investors.

05-03: Improving Negotiation Skills Through Awareness of Cognitive Biases (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

Good negotiators need to know how to read a situation. Unconscious processes or cognitive biases can often affect how we perceive things and our decision-making in negotiations. This program will explore how negotiators can recognize and protect against these biases, as well as how negotiators can use this knowledge to influence their counterparts to improve negotiation skills.

05-04: Just Enough to Be Dangerous: Labor and Employment Update

Nicole A. Crawford, Brooks Pierce McLendon Humphrey & Leonard

This session will cover trending topics in labor and employment law to help non-employment lawyers spot issues for their clients with a focus on: workplace violence, discrimination issues and transgender and gender identity issues.

05-05: International Law of the Sea: Legal Issues presented by the South China Sea Controversy

A. Mark Weisburd, Reef C. Ivey II Distinguished Professor of Law, UNC School of Law

This session will cover the various legal issues the South China Seas Controversy raises. Professor Weisburd will offer a description of the development of the international law of the sea governing states’ rights in waters adjacent to their coasts; an explanation of China’s claims regarding the South China Sea; an explanation of the problem these claims present under the law of the sea, in light of the claims’ peculiar basis, their conflict with claims of other states in the area and the threat China’s position raises to a regime that has worked reasonably well for decades; and a summary an analysis of the opinion of the arbitral panel that ruled on the Philippines challenges to China’s actions.

05-06: NC Numbers: Bar Results, Law Student Debt

Jerry Hartzell, Attorney at Law

A numbers presentation on two separate topics: NC bar exam results and NC law student debt. On the bar exam, the pass rate for first-time takers has fallen from 90% in 2011 to 62% in 2016 and the number of repeat-takers continues to increase. The decline in bar performance has varied greatly among schools. On debt burden, simple calculations seem to suggest that the basic numbers that drive legal education don’t add up: the average law graduate who does pass the bar and earns what lawyers mostly earn in North Carolina cannot afford to repay his or her law school loan. Some overlap with my article "Infilaw and Student Debt" at p. 26 of Spring 2015 issue of The North Carolina State Bar Journal.

05-07: Public Subsidies for Sports Stadiums: A Losing Game for Taxpayers

Patricia L. Bryan, Henry P. Brandis Professor of Law, UNC School of Law

When new Yankee Stadium opened in 2009, total costs were estimated to be $2.3 billion. More than $1.2 billion of the total was contributed by the public, including subsidies from the federal, state and local governments. Other stadiums have benefited from similar subsidies since then, despite overwhelming evidence that such investments result in scant economic benefits to the community while providing enormous profits to private team owners. The contribution by federal taxpayers arises from the tax-exempt bonds that typically finance these projects. Local subsidies result from negotiations between team owners who threaten dire consequences if their demands are refused and government officials who give in to the threats, often seeking to mislead taxpayers and block public input. Professor Bryan will discuss these subsidies in light of a few recent stadium deals, asking whether the law should be changed to reduce or eliminate these investments and how that might be done.

05-08: Recent Legal Developments with Major Implications for the Life Sciences Industry

John Martin Conley, William Rand Kenan Jr. Professor of Law, UNC School of Law

This session will review significant recent developments in three areas of law: patent law, the U.S. and international law of privacy and the regulation of human subjects research in the United States. All three have major implications for private companies and public institutions involved in health care, biotechnology and life sciences.

05-09: The Future Direction of the U.S. Supreme Court

William P. Marshall, William Rand Kenan, Jr. Distinguished Professor of Law, UNC School of Law; Richard E. Myers II, Henry Brandis Distinguished Professor of Law, UNC School of Law and Mary-Rose Papandrea, Professor of Law and Associate Dean for Academic Affairs, UNC School of Law

This panel of legal scholars will discuss the future of the U.S. Supreme Court after the election and in light of the Scalia vacancy. The panel will examine the judicial confirmation process going forward and the direction of constitutional law in light of the election.

05-10: Valor Symposium: Veterans Treatment Courts

Joseph M. Buckner, Chief Judge, Orange County, North Carolina Judicial District 15B; Eric D. Howard, Superior Court of North Carolina; Jeremy D. Ingle, Assistant District Attorney, Prosecutorial District 28; Vernon K. Stewart, District Attorney, Harnett and Lee County, NC and Todd Williams, District Attorney, NC District 28, Buncombe County

This session will introduce participants to “Veterans Treatment Courts,” a topic that is commanding great interest in North Carolina and beyond. Attend this interesting panel presentation to learn more about the history, challenges and promise of such programs, from the perspectives of judges, social welfare professionals, and prosecutors.

Session 06: Friday, February 10, 2017, 2:40 PM - 3:40 PM

(Not Attending)

06-01: Administrative Law Cases Before the U.S. Supreme Court This Term

Andrew Hessick, Professor of Law, UNC School of Law

The U.S. Supreme Court has decided to review a number of administrative-law cases this Term. Some of the most significant issues presented by those cases are the scope of the President's appointment power, the ability of the United States to detain immigrants without bond, and the constitutionality of North Carolina's redistricting.

06-02: Advise and Consent on Garland: Where We Are Now and How We Got There

Michael J. Gerhardt, Samuel Ashe Distinguished Professor in Constitutional Law and Director of the Center for Law and Government, UNC School of Law

The program will focus on a review of the history of U.S. Supreme Court nomination and an analysis of the constitutional issues arising with respect to President Obama's nomination of District of Columbia Circuit Judge Merrick Garland to the Court. By the date of this program, we will obviously know a lot more about the outcome of this nomination or whether the next President will have a different nomination to take seat vacated as a result of Justice Antonin Scalia's death. Among the issues we will cover are the scope of the Senate's discretion in exercising its authority to give its advice and consent on Supreme Court nominations, the complications arising from a Court with only eight justices, and what lessons we may be able to discern from the contest over filling Justice Scalia's seat.

06-03: Crowdfunding: Finding your Money in the Crowd from Startup to Exit [Part I]

James F. Verdonik, Ward and Smith, P.A

This session will include an overview of the seven types of securities crowdfunding, public policy reasons for these revolutionary changes in securities laws, and how businesses raise capital. This session will focus including how and why changes in media, business and technology are shaping securities laws, how the same tools that are fostering globalism are being harnessed to promote local businesses, new types of securities and transaction structures for smaller businesses, implications for economic development, non-profits and early successes for women owned businesses in closing the capital raising gender gap as Wall Street, Silicon Valley and Main Street compete to control access to investment capital.

This is a two-hour presentation that begins in Session 6-3 and ends in Session 7-3. Participants are encouraged to attend both sessions.

06-04: Ethics Update: Whistleblowers, Compliance, Privilege, Work Product, and New Decisions of Note (PR)

Gary S. Parsons, Brooks, Pierce, McLendon, Humphrey & Leonard and David D. Smyth, Brooks Pierce McLendon Humphrey & Leonard

In this fast-paced “grab bag” presentation, David Smyth (formerly of the SEC) and perennial speaking favorite Gary Parsons will comment on recent developments in ethics issues. They will cover new decisions and review the compliance and reporting issues surrounding whistleblower investigations. They will also discuss how counsel can protect the attorney-client privilege, and best practices for corporate counsel involved in government investigations.

06-05: NC Is Now a 'Daubert' State

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

In June 2016 in State v. McGrady, the Supreme Court declared that “North Carolina is now a Daubert state based on the legislature’s adopting into N.C.R. Evid. 702(a) “virtually the same language” of the Federal Rule of Evidence. In this session, Professor Mosteller will examine what this change means for admission of expert evidence in our state and will suggest some guidelines for preparing the admission decision in North Carolina trial courts.

06-06: Perspectives on Partnering Between Outside and Inside Counsel (PR)

Thomas S. Babel, Ward and Smith, P.A and Kristen T. Shaheen, General Counsel and Corporate Secretary, OpinionLab, Inc

Never has there been more pressure on outside counsel to provide value to their client. And never has there been more pressure on inside counsel to control costs and outcomes despite great uncertainty. This session will offer suggestions for making the relationship between inside and outside counsel thrive. Topics will include alternative fee arrangements; ethics issues; the impact of the "known unknowns" on budgeting phased matters; organizing panel counsel; and preferred methods of communication.

06-07: Putting a Face on Poverty and Access to Health Care in Particular North Carolina Communities

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

Professor Nichol will explore challenges of poverty, child poverty, concentrated poverty and low wage work in Charlotte, Goldsboro and Wilkes County. His talk will consider some of the data which measures an array of these issues, but will primarily turn to narrative testimony of impoverished, or near impoverished Tar Heels in Mecklenburg, Wayne and Wilkes counties. Nichol will also draw on interviews with dozens of low income patients (or non-patients) and doctors who will discuss the impact of the refusal to expand Medicaid on their families’ (or their patients’) lives in North Carolina.

06-08: The "Carrots and Sticks" Approach to Retaining Key Talent

Deana A. Labriola, Ward and Smith, P.A and Jeremy R. Sayre, Ward and Smith, P.A

This session is positioned directly at the intersection of employment law and business and will present creative ways for a business to use “carrots” to incentivize key employees and the “sticks” approach to prevent key employees from leaving. Sayre and Williams will discuss employment strategies including incentives such as phantom stock, stock options, and ownership, and sticks such as including fees and non-competes.

06-09: The Nuts and Bolts of Litigating Domestic Violence Protective Orders

Sherry Honeycutt Everett, Everett and Everett Attorneys at Law and Adjunct Assistant Professor of Law, UNC School of Law

This session is geared toward new attorneys who are interested in learning how to assist victims of domestic violence in obtaining civil restraining orders as well as experienced attorneys who practice in other areas of law but would like to learn how to litigate under Chapter 50B. The session will offer a basic overview of how to handle a case from beginning to end. Topics covered will include an overview of relevant statutory and case law; how to work with victims of violence and trauma; pretrial practice in domestic violence cases; evidentiary issues in domestic violence practice; and an overview of how to negotiate and litigate in these hearings.

06-10: Valor Symposium: Legislative Update: Laws and Programs Affecting Veterans

Marcus J. Beauregard, Chief, DoD-State Liaison Office, Office of the Deputy Assistant Secretary of Defense for Military Community and Family Policy and Colonel, USAF (Retired); Jeffrey N. Jackson, North Carolina Senate, District 37 and Captain, N.C. Army National Guard, JAG Corp, 130th Maneuver Enhancement Brigade and D. Grier Martin III, NC House of Representatives, House District 34 and Lieutenant Colonel, US Army Reserve

This session will focus on recent state and federal legislative and developments as well as the efforts of the U.S. Department of Defense to provide support for veterans and their families in the states.

Session 07: Friday, February 10, 2017, 3:50 PM - 4:50 PM

(Not Attending)

07-01: A Workshop: Ethical Dilemmas in Criminal Practice (PR)

Carissa Byrne Hessick, Anne Shea Ransdell and William Garland "Buck" Ransdell, Jr. Distinguished Professor of Law, UNC School of Law

This workshop will use a series of scenarios to discuss ethical dilemmas faced by attorneys practicing in the criminal justice system. Discussion of the scenarios will ask participants to grapple not only with the relevant rules of professional responsibility, but also what best practices should govern above and beyond the rules.

07-02: Docket Research: Online Access to Court Filings

Nicole Marie Downing, Reference Librarian, Kathrine R. Everett Law Library, UNC School of Law and Allison Symulevich, Reference Librarian, Kathrine R. Everett Law Library, UNC School of Law

This session is an overview of the current landscape of docket materials available online. Many federal and state court filings can be found through commercial databases or freely available on the Internet. Learn what is and isn’t available through the many online sources of docket materials.

07-03: Crowdfunding: Finding Your Money in the Crowd from Start-up to Exit [Part II]:

James F. Verdonik, Ward and Smith, P.A

This session will analyze securities laws through the Crowdfunding prism and will focus on how to choose which of the seven types of securities Crowdfunding exemptions from registration are best for specific types of clients and offerings, including transaction sizes, types of investors, new types of securities and transaction structures, Special Purpose Vehicles (SPVs), Crowdfunding platform practices, compensation for platforms, off-platform communications with investors, financial statements, projections and other disclosure challenges, integration issues and the SEC's warnings about stricter rules against conducting general solicitations outside the Crowdfunding exemptions.

This is a two-hour presentation that begins in Session 6-3 and ends in Session 7-3. Participants are encouraged to attend both sessions.

07-04: Grappling with Addiction (MH/SA)

Reem S. Utterback, Reem Utterback, M.D. Child, Adolescent & Adult Psychiatry and Nicole Wolfe, Forensic Psychiatrist, Forensic Services Unit, Division of State Operated Healthcare Facilities, Central Regional Hospital, N.C. Department of Health and Human Services and Associate Professor, Department of Psychiatry, UNC School of Medicine

This session will focus on the impaired professional, with a special emphasis on opiate abuse and the role substance abuse and addiction can play in the lives of lawyers. It will offer an up-to-date understanding of the addiction process itself. This session will focus on the current knowledge about the causes and management of opioid addiction – knowledge that can be useful on both personal and professional levels.

07-05: Nuts and Bolts of Shareholder Agreement Provisions

C. Joseph DelPapa, Ward and Smith, P.A and Deana A. Labriola, Ward and Smith, P.A

Being in business with another person, or a group of people, can be fraught with peril. Learn what provisions to propose, discuss, negotiate, and defend to protect your client in the event of a dissolution, conveyance of shares, sale of the business, or other exit event. The session covers: provisions including buy-sell; death, disability, or retirement of a shareholder; termination of employment; valuation; key man insurance; and management of the company.

07-06: Recent Developments in Property Law: Where’s the NC Supreme Court?

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

From its creation in 1818 until the creation of the North Carolina Court of Appeals in 1967, the Supreme Court of North Carolina was the state’s sole appellate court. As such, it was responsible for the development of the state’s common law. At first, the creation of an intermediate appellate court did not change that situation. Created to address the burgeoning appeals following the great expansion of federal rights for criminal defendants in the mid-twentieth century, the Court of Appeals was not originally intended to be a precedent-setting court. But in 1989 the Supreme Court held that where one panel of the Court of Appeals has decided an issue, subsequent panels are bound by that precedent unless it is overturned by a higher court. From 1989 until today, state law has in many instances been shaped by decisions of three-judge panels of the Court of Appeals rather than by the seven-member Supreme Court. This article focuses on several significant decisions concerning basic property law that have been made by panels of the Court of Appeals and explores the consequences of delegating the Supreme Court’s precedent-setting function to panels of the intermediate appellate court.

07-07: Scaling Failure (PR/MH/SA)

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

In the legal profession, as in others, failure is easily shunned. It is associated with guilt, shame, blame, and the fear of failure – big or small – can particularly demotivate or paralyze new attorneys. But as the research of Carol Dweck, Angela Duckworth, and others has shown, a willingness to acknowledge and respond constructively to failure allows us to grow, learn, and become both more resilient and effective. This presentation builds on that research and offers tangible tips to build a practice that encourages a growth mindset, including specific ways to mentor and provide feedback to new lawyers to help them be more effective and resilient.

07-08: Sex for Rent: An Introduction to the Problems of Sexual Harassment in Rental Housing in NC and Beyond

Kate Elengold, Clinical Associate Professor, UNC School of Law

This session will provide an overview on the existence of illegal sexual harassment in rental housing in North Carolina and across the country, along with the legal avenues for redress. Using the related cases of United States v. Wesley and Sellers v. Wesley, filed together in the Middle District of North Carolina in 2015, as a framework for the discussion, the session will define sexual harassment in housing and discuss state and federal enforcement schemes. The session will explore particular vulnerabilities that make (primarily) women vulnerable to residential sexual harassment and the barriers to seeking legal redress.

07-09: So, When I'm 64 - Can I Please Still Work? Why the 401(k) Plan Isn't Working

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

Many Americans rely on 401(k) plans to supplement Social Security. With a grim outlook for Social Security, future generations of retirees are being told to prepare for retirement without the safety net of Social Security. This session explores how the shift to individual savings for retirement has forced Americans to work longer and how the 401(k) plan system has totally failed a large portion of the American population. This session will include the impact recent federal law will have on the future of our retirement system.

07-10: Valor Symposium: Your Client is a Veteran, Now What?

Jessica Marsden, Equal Justice Works Fellow, Veterans Legal Assistance Project, UNC School of Law; G. Brentley Tanner, Sullivan & Tanner, P.A and Kirk G. Warner, Smith Anderson and Colonel (Retired), U.S. Army, JAG Corps

This panel will help orient lawyers who do not yet have significant experience representing veterans. Join two highly experienced lawyers who will consider the following questions: What issues come into play when representing veterans? What resources are available to veterans? How should you approach a new client who is a veteran?

Session 08: Friday, February 10, 2017, 5:00 PM - 6:00 PM

(Not Attending)

08-01: 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 Cyber Information Sharing Act, the Computer Fraud and Abuse Act, and a brief overview of state and federal laws regulating data breaches.

08-02: Federal and NC Regulatory Resources on the Web

Tiffany L. Camp, Reference Librarian, Kathrine R. Everett Law Library, UNC School of Law and Donna L. Nixon, Clinical Assistant Professor of Law and Electronic Resources Librarian, UNC School of Law

This session will outline various reliable online resources for researching Federal and North Carolina regulations and administrative decisions, with a focus on free resources. The session will also cover methods to update regulatory research.

08-03: Federal White Collar Crime: DOJ and Regulatory Trends

Anne M. Tompkins, Cadwalader Wickersham & Taft

As the new president takes office and the U.S. Department of Justice adjusts to new leadership, this session will explore white-collar criminal enforcement trends in the DOJ, the SEC, the CTFC, and the CFPB over the past years, what to expect for the next year, and what enforcement trends to expect in the new administration.

08-04: He Said What?! Liability for Disparaging Lawyer and Consumer Reviews

David S. Ardia, Assistant Professor of Law and Co-Director, Center for Media Law and Policy, UNC School of Law

With the explosion of review sites online, covering everything from products on Amazon to contractors on Angie’s List to lawyers on Avvo.com, either you or one of your clients will inevitably face the unwelcome task of deciding how to respond to a potentially defamatory review posted by a disgruntled customer or client. This session will cover the unique challenges the Internet poses for lawyers and businesses deciding whether to bring or threaten a libel claim, including dealing with anonymous reviews and the protections available to operators of interactive computer services under Section 230 of the Communications Decency Act.

08-05: Hot Topics in Health Law and Policy

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 to be covered will include new developments in health care fraud and abuse and the implementation of the Physician Payments Sunshine Act.

08-06: Intersection of Landlord-Tenant Law and Bankruptcy

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

This session provides an introduction to bankruptcy law in the context of the landlord-tenant relationship. Although many are familiar with the concept of bankruptcy, many practitioners and others finding themselves involved in a bankruptcy proceeding remain unaware of the intricacies of the U.S. Bankruptcy Code and process. This is especially true in the context of landlord-tenant law, where upon the filing of a petition for bankruptcy relief, the normal contract rights and obligations of landlords and tenants, as well as the remedies available to enforce such contract rights and obligations, change dramatically. We will address how the bankruptcy code treats residential leases and commercial leases.

08-07: More on What Lawyers Ought to Know About Their Organic Farmer Clients

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

More and more farmers are trying to tap the huge demand for food that is free of synthetic toxins and is beneficial for the environment. Find out more about the compliance challenges they face and the support they need to be successful in this fast growing industry.

08-08: Noble Profession: Fulfilling Your Ethical Responsibility of Pro Bono Service (PR)

Jennifer M. Lechner, Executive Director, North Carolina Equal Access to Justice Commission and Sylvia K. Novinsky, Director, NC Pro Bono Resource Center

This session will explore the unmet civil legal needs in North Carolina, the aspirational goals of Rule 6.1, the establishment of the new NC Pro Bono Resource Center, and opportunities for providing pro bono legal services in your community. There will also be an update on the NC Pro Bono Resource Center's pro bono reporting and recognition programs.

08-09: Special Education Litigation in NC

Stacey B. Bawtinhimer, Administrative Law Judge, N.C. Office of Administrative Hearings and Lisa M. Lukasik, Assistant Professor of Law, Campbell University Law School

This session will offer insights on the unique procedural requirements governing special education litigation in federal and state court. The session will consider factors correlated with litigation success, identify common missteps, and establish strategic solutions.

08-10: Valor Symposium: Comparative Constitutional Law: The Constitution and Veterans

Gill P. Beck, Assistant U.S. Attorney, U.S. Attorney’s Office, WDNC, U.S. Department of Justice and Brigadier General, 81st Regional Support Command, U.S. Army Reserve and Frank D. Whitney, Chief Judge, U.S. District Court, WDNC and U.S. Army Reserve

Have you ever considered how core constitutional provisions such as First, Fourth and Fifth Amendments apply to veterans? Do the same rules apply as those that govern lay people? What do those representing veterans need to know? Join this fascinating panel featuring both a federal district judge and an Assistant U.S. Attorney who have had significant service experience.

Session 09: Saturday, February 11, 2017, 8:00 AM - 9:00 AM

(Not Attending)

09-01: Advocacy Workshop: Direct and Cross-Examination [Part I]

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 direct and cross-examination techniques.

This is a two-hour presentation that begins in Session 9-1 and ends in Session 10-1. Participants are encouraged to attend both sessions.

09-02: Death and (Estate) Taxes: Estate Planning (From Initial Consult to Signing) [Part I]

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.

This is a two-hour presentation that begins in Session 9-2 and ends with Session 10-2. Participants are encouraged to attend both sessions.

09-03: Environmental Law Symposium: Environmental Justice

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 industrial agriculture to sewage sludge and coal ash. North Carolina has seen or will see some significant developments relating to these topics. In this hour, Professor Savasta-Kennedy will review recent developments and potential effects of these issues on North Carolina.

09-04: Hot Topic Trends in Land Use and Zoning: Pending Legislation, Recent Cases, and Other Mischief

Thomas E. Terrell Jr., Smith Moore Leatherwood

Explore how recent and pending legislation changes decades of zoning law, and visit the most interesting trends in case law.

09-05: Legal Developments for Unmanned Aircraft Systems (Drones)

Stephen Hartzell, Brooks Pierce McLendon Humphrey & Leonard

Unmanned aircraft systems (“UAS” or, more commonly, “drones”) have captured the public’s attention in recent years. In late August 2016, the FAA's new regulatory regime governing the use of so-called “small UAS” by businesses throughout the United States became effective. Enterprises ranging from media companies to general contractors to farmers to sole proprietor photographers and videographers are champing at the bit to incorporate this new technology into their business models for inspections, photography, monitoring, and other types of aerial data collection. This one-hour CLE session will give practitioners insight into a range of important legal issues—the Four P’s—to help navigate the legal aspects of drone operations. This session will cover the following topics as they relate to commercial drone operations: Performance and Permission; Preemption; Privacy; and Protection.

09-06: Self-Editing and Empowering Colleagues to Self-Edit (PR)

Rachel I. Gurvich, Visiting 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

Critically analyzing and editing our own writing is a challenge. It’s also vital because the demands of practice often leave us little time or opportunity to get pre-deadline feedback from trusted, communicative readers. How can we improve our ability to self-edit? Moreover, colleagues may ask us to be trusted, communicative readers of their drafts. What are best practices then? How can we give colleagues not just a one-time edit but supportive, instructive comments that empower them to self-edit better next time—leaving us more time for our own work? Professor Gurvich and Dean Smith will draw on their experience both as practitioners and as professors who have taught hundreds of legal writers of widely varying abilities. We will help participants explore strategies for self-editing efficiently and effectively—and empowering colleagues to do the same. Such strategies include reverse outlines, checklists, constructive questions, and big-picture comments focused both on strengths and on improvement opportunities.

09-07: The Constitutional Limits of Restitution

Kevin Bennardo, Clinical Associate Professor of Law, UNC School of Law

This session will consider whether the Excessive Fines Clause of the Eighth Amendment of the federal Constitution places limits on criminal restitution orders. It will provide an overview of restitution systems generally and of the relevant case law surrounding the Excessive Fines Clause. In addition, Professor Bennardo will also consider whether the jury-trial guarantee of the Sixth Amendment limits a court’s ability to impose a mandatory restitution order at sentencing.

09-08: The Hulk Executes a "Full Nelson" on the Gawker

Mary-Rose Papandrea, Professor of Law and Associate Dean for Academic Affairs, UNC School of Law

This session will discuss the lessons learned about media litigation and privacy law from the high-profile lawsuit Terry Bollea (the actor who played Hulk Hogan) brought against the publisher of the online tabloid Gawker.com for the publication of a sex tape. After the jury returned a $140 million plaintiff's verdict, Gawker Media filed for bankruptcy, and we learned that Silicon Valley billionaire Peter Thiel had bankrolled the litigation as part of a secret legal campaign against the company. Among other things, we will discuss what this case tells us about privacy claims, the availability of injunctive relief prior to trial (which had been denied in this case), and whether the media should be worried about more lawsuits bankrolled by bitter billionaires.

09-09: The Real Options Approach to Patent Valuation

Andrew Chin, Associate Professor, UNC School of Law

Estimating the value of a patent is a task beset with legal, market, and technological uncertainty. Uncertainty itself can represent a source of value for investors over time, however, as the financial literature on real options have demonstrated. These financial insights have found their way into the legal literature only in recent years, but have already provided new perspectives and teaching approaches for many current issues in patent law. Professor Chin will provide an introduction to patent valuation, followed by a demonstration of online resources he has found and developed for making the real options approach more accessible to patent law students and practitioners.

09-10: What Now? Probable Post-Election Developments in Immigration Law

C. Lynn Calder, Allen Pinnix & Nichols and Adjunct Professor, UNC School of Law; Jeremy L. McKinney, McKinney Immigration Law and John L. Pinnix, Allen & Pinnix, P.A

During the Obama Administration, changes in federal immigration measures occurred primarily via Executive Actions, regulatory amendments, and agency policy memoranda. Executive Branch initiatives provided relief for some yet directed the detention of Central American children and mothers. Due to the U.S. Supreme Court 4-4 deadlock in United States v. Texas, President Obama was halted in his attempt to provide options for certain undocumented parents of U.S. citizen and lawful permanent children (DAPA) and expand the provisions for childhood arrivals (DACA+). Based on Presidential candidates' campaign promises and issue statements, as well as the first 20 days in office, this session will touch upon what to expect next in the immigration law arena.

Session 10: Saturday, February 11, 2017, 9:10 AM - 10:10 AM

(Not Attending)

10-01: Advocacy Workshop: Direct and Cross-Examination [Part II]

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 is a two-hour presentation that begins in Session 9-1 and ends in Session 10-1. Participants are encouraged to attend both sessions. Please see the session description in Session 9.

10-02: Death and (Estate) Taxes: Estate Planning (From Initial Consult to Signing) [Part II]

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

This is a two-hour presentation that begins in Session 9-2 and ends with Session 10-2. Participants are encouraged to attend both sessions. Please see the session description in Session 9-2.

10-03: Environmental Law Symposium: North Carolina Updates

Donald T. Hornstein, Aubrey L. Brooks Professor of Law, 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. This session 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. We will also have an insurance update in this hour.

10-04: Hot Topics in IP Law Roundtable - Why Practitioners Should Care

Angela P. Doughty, Ward and Smith, P.A and Ryan K. Simmons, Ward and Smith, P.A

Acquiring, protecting and enforcing intellectual property supports not only client interests, but that of economic growth, innovation and consumer protection. Many companies claim intellectual property rights as their most important asset, yet it is an area of law that is rarely understood and continuously evolving. The roundtable would emphasize how all clients - regardless of size or industry - encounter and create IP rights on a daily basis that could turn out to be pivotal to the longevity of the company.

10-05: 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 bipolar disorder and other forms of serious mental illness can cause, and how lawyers can better prepare to support each other in times of need.

10-06: NC Constitutional and Political Crisis of 1956

Ann W. McColl, Everett Gaskins & Hancock

It is important to understand our history when addressing governance issues, analyzing and drafting legislation, preparing contracts and other legal documents, and managing complex constitutional litigation. In 1956, the civil rights agenda and more specifically the U.S. Supreme Court's order for desegregation of schools dominated state and national politics. North Carolina's response required a constitutional amendment. Four of the twelve congressmen from North Carolina refused to sign the Southern Manifesto, a document meant to reflect the unity of the South in defying Brown v. Board of Education. North Carolina continues this interplay between politics and constitutional rights. This presentation explores our history so that we can better consider the issues of courage, so-called moderation and obstructionism.

10-07: One Hour to Better Legal Writing

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, Professor Everett will focus on issues for writers to look for in the editing process, using drafts of his own 2014 U.S. Supreme Court cert petition.

10-08: Overview: Emerging Issues and Trends in Auto Lending

Christopher Kukla, Executive Vice President, Center for Responsible Lending and Adjunct Professor, UNC School of Law

This session provides an overview of current legal and regulatory actions in the auto lending market. Recent regulatory actions will be discussed, along with a discussion of market data that sheds light on potential emerging issues.

10-09: Reflections on 'State v. Small'

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

Johnny Small was 15 years old when he was arrested for a July 1988 murder in Wilmington. He was 16 when he was sentenced to life in prison. This session will present a study of how Small was convicted, how he was proven innocent after 28 years of incarceration, and what can be done to prevent further tragedies for both the innocent and the victims of crime

10-10: Reproductive Rights Law and Policy

Hendey Suzanne Buckley, Adjunct Associate Professor, UNC School of Law and Jina Dhillon, Adjunct Assistant Professor, UNC School of Law

This session will focus on the U.S. Supreme Court case Whole Woman's Health v. Hellerstedt, the most important abortion case decided by the Court in nearly 25 years. Topics covered will include an overview of the policy and legal climate leading up to the U.S. Supreme Court's decision, what the case means for reproductive rights law and policy going forward, and the case's implications for national and state policy on abortion access.

Session 11: Saturday, February 11, 2017, 10:20 AM - 11:20 AM

(Not Attending)

11-01: Donor's Dilemma: Private Foundations vs. Donor-Advised Funds: Which is Better for the Donor and for Society?

Mary E. Morgan, Philanthropy Counsel, N.C. Community Foundation and Robert W. Saunders, Brooks Pierce McLendon Humphrey & Leonard

Families and corporations who wish to pursue philanthropic goals must decide whether to form either a private foundation, which they control, or establish a donor-advised fund with a community foundation for certain tax advantages. This discussion with a private practitioner and a philanthropy counsel from the North Carolina Community Foundation will explore the advantages and disadvantages of both entities, especially in light of impact giving and mission-driven investments.

11-02: Electronic Repossession

John W. Van Alst, National Consumer Law Center

Auto repossession is a rapidly changing industry that is incorporating new technology such as license plate scanners, GPS tracking, remote disabling and starter interrupters. These new practices give rise to new concerns of privacy and fairness as well as potential new claims for families whose cars have been repossessed or who are threatened with repossession. This session will focus on understanding the changing market and representing consumers in cases of electronic repossession.

11-03: Environmental Law Symposium: What to Expect/Issues for the New Administration [Part I]

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, C. Boyden Gray Distinguished Fellow, Assistant Professor and Co-Director of the Center on Climate, Energy, Environment & Economics (CE3), UNC School of Law

The next President will take office during a period of rapid and significant change for the United States’ electricity sector. Energy policy will be part of the next Administration’s agenda, perhaps by deliberate choice but certainly in reaction to issues as they emerge, due to lawsuits, changes in technology and/or changes in market conditions. Similar forces are shaping changes in environmental law. These two hours of the Environmental Law Symposium anticipate environmental and energy sector issues, identifying policy levers, and potential approaches for responding to these changes. Discussion will include a review the status of the Clean Power Plan, the status of the Paris Accord and bilateral agreements the United States has signed, action on the comprehensive energy bill, nuclear relicensing, electricity markets, and a variety of other related issues.

This is a two-hour presentation that begins in Session 11-3 and continues with Session 12-3. Participants are encouraged to attend both sessions.

11-04: Ethical Considerations: Representing Clients with Diminished Capacity (PR)

Jennifer L. Bills, Senior Attorney, Disability Rights North Carolina and Adjunct Professor of Law, UNC School of Law

This session will address issues attorneys must consider when representing a client who may have diminished capacity, including identifying whether this is an issue and if so, clarifying the responsibilities to those clients. It will include a discussion of other tough ethical issues including how to preserve attorney-client privilege, best practices for communicating with clients with diminished capacity, and with Guardians or Guardians Ad Litem, and dealing with conflicts of interest.

11-05: Introduction to Commercial Lending

Thomas Markle, King & Spalding

This session will provide an overview of basic funding arrangements between businesses and financial institutions. The discussion will also include a brief survey of loan documentation and recent developments in commercial lending.

11-06: Respectful Workplace Culture and Mental Health (MH/SA)

Camille Laudicina, Clinical Health Psychologist, HRC Behavioral Health & Psychiatry, PA

Disrespectful work environments are a surprisingly common issue. Unfortunately, disrespectful work environments can be costly and toxic to individuals and organizations. This session will discuss respectful vs. disrespectful workplace culture, suggest possibilities for shaping the workplace culture, and offer tips to help cope with the stress caused by working in a difficult workplace.

11-07: Sticks & Stones: A Review of the Most Common Cases of Construction Disputes

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

This session will examine the most common areas of disagreement between owners, contractors, subcontractors and design professionals. Using film clips as illustrations, the session will also cover the top 5 causes of construction disputes and talk about how to avoid them. No prior sessions or construction law background is required.

11-08: The German Bar in the Third Reich

Eric L. Muller, Dan K. Moore Distinguished Professor of Law in Jurisprudence and Ethics, UNC School of Law

Between 1933 and 1945, the German Bar was transformed from an independent profession into a servant of the will of the Führer. German lawyers stood by while their Jewish colleagues were driven from the profession and collaborated to varying degrees in state-endorsed persecutions ranging from property deprivation to murder. How did this take place in a nation with a storied legal tradition? What conditions led lawyers to cooperate in the enterprise? Were those conditions unique to that time and place?

11-09: Using Chapter 13 Bankruptcy in Foreclosure Cases

Ndukwe Agwu, Senior Staff Attorney and Blackshear Fellow, Consumer & Economic Advocacy Program, Brooklyn Legal Services Corporation A and David J. Bryan, Managing Attorney, Brooklyn Legal Services Corporation A

This session is an overview of using Chapter 13 Bankruptcy in foreclosure cases.

11-10: What You Don't Know About Your Benefit Plans Can Hurt You

Melissa H. Weaver, Brooks, Pierce, McLendon, Humphrey & Leonard

Many employers have health, welfare and retirement plans, but few are familiar with the terms of those plans. Many don't have adequate documentation. Learn what documents employers must have under the Employee Retirement Income Security Act (ERISA) and applicable law, what they should have, and best practices for maintaining and monitoring benefit plans and correcting mistakes.

Session 12: Saturday, February 11, 2017, 11:30 AM - 12:30 PM

(Not Attending)

12-01: Bad Medicine: Why Charges of Medical Child Abuse Have No Place in the Courtroom

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

The session will look at the history and diagnostic criteria of the medical child abuse diagnosis and will make the case that it (and its frequent companion diagnosis of Munchausen Syndrome by Proxy), should not be admitted in court.

12-02: Banking 101: An Introduction to the Confusing and Complex Bank Regulatory Structure

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

This session is a review some of the history of banking regulation to explain how we got to where we are today. The discussion will include some of the regulatory changes introduced by the Dodd-Frank Act of 2010.

12-03: Environmental Law Symposium: What to Expect/Issues for the New Administration [Part II]

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, C. Boyden Gray Distinguished Fellow, Assistant Professor and Co-Director of the Center on Climate, Energy, Environment & Economics (CE3), UNC School of Law

This is a two-hour presentation that begins in Session 11-3 and continues with Session 12-3. Please see the full session description in Session 11-3. Participants are encouraged to attend both sessions.

12-04: Navigable or Non-Navigable Rivers and the Test to Determine Title

Robert F. Orr, Attorney at Law, PLLC, Adjunct Professor of Law, UNC School of Law, Associate Justice, NC Supreme Court (Retired)

The State of North Carolina steps into treacherous waters in trying to confirm its ownership of the Yadkin River. The case of State vs. Alcoa Generating argued in October at the 4th Circuit Court of Appeals has major implications for riverbed titles around the country and for the Public Trust Doctrine in our state.

12-05: NC Appellate Primer: Resources and Tips to Guide Practitioners

D. Martin Warf, Nelson Mullins Riley & Scarborough and Sara B. Warf, Clinical Assistant Professor of Law, UNC School of Law

The appellate process in North Carolina state courts is always evolving, and it can be confusing and opaque to those new to it. In this session, we will walk quickly through the basics of mounting an appeal and responding to one, including many resources and tips for formatting and structuring an effective argument. The session will cover recent updates to the appellate rules and how they may affect appellate practice going forward.

12-06: Past and Present Discrimination in Mortgage Lending

David J. Bryan, Managing Attorney, Brooklyn Legal Services Corporation A

This session begins with a historical perspective of discrimination in mortgage lending from the Roosevelt Administration's creation of "redlining" to the subprime crash effects and remedies, and concludes with today's assault on minority ownership through Distressed Asset Stabilization Program (DASP) sales.

12-07: Shifting the Balance: Recent Developments in Class Action Litigation

Anthony T. Lathrop, Moore & Van Allen

Class action jurisprudence has been evolving rapidly over the last several years, with major U.S. Supreme Court decisions defining and redefining several aspects of class litigation. While many changes to the class action landscape have been favorable to company defendants, several recent decisions have been viewed as more pro-plaintiff. This session will explore key developments in federal and state class action law, including U.S. Supreme Court decisions and the unexpected vacancy left by Justice Scalia, issues courts are considering now, and legislative and rule-based proposals to revise class action procedure.

12-08: The Law and Morality of Building Renaming: The Case of Saunders Hall

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

In recent years, schools and municipalities around the South have been renaming buildings and removing monuments, most often those to the era of Civil War. This session will survey the legal issues -- including North Carolina's recent heritage protection statute and the restrictions sometimes imposed by private donors -- as well as the more amorphous issues of morality surrounding monument removal and building renaming. It will focus particular attention on the 2015 renaming of Saunders Hall on UNC's campus. That renaming implicated the ideas, words, and actions of a UNC alumnus and lawyer. This lecture will conclude with some new disclosures about Willia Saunders, as well as discussion of other legal issues of monuments on the UNC campus.

12-09: Updates on FCPA and Other Anti-Corruption Enforcement

Karen A. Popp, Sidley Austin

This session will discuss the Foreign Corrupt Practices Act (“FCPA”), recent developments in enforcement and compliance. The session will cover anti-corruption enforcement in other parts of the world.

12-10: What is Alcoholics Anonymous? Facts and Tools for the Legal Community (MH/SA)

L. Aylett Colston, Hutchison PLLC; Michele Grinberg, Flaherty Sensabaugh Bonasso, PLLC; Vice Chair, General Service Board of Alcoholics Anonymous and Samuel D. Huffstetler Jr., AA Public Information Coordinator for Area 51 (North Carolina)

A variety of steps may be taken by attorneys and other professionals in order to address identified substance abuse problems. For many people, 12-step programs such as Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) can prove a useful tool. Learn more about substance abuse, what AA does, and dispel common myths and misperceptions with a dynamic group of speakers from AA and friends.

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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