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View Session Descriptions: Click on each time slot to view a drop-down list of courses for the 2018 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 9, 2018, 8:00 AM - 9:00 AM

(Not Attending)

01-01: Attorney Suicide: Prevention & Response (MH/SA)

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

Rates of suicide among attorneys are higher than for most other occupations. What causes suicide? What puts people in this profession at greater risk? What can we do to help? How do we respond as a community when there has been a death by suicide of one of our colleagues? 

01-02: Biometric Data Collection & Privacy in Sports

Barbara J. Osborne, Professor, Department of Exercise & Sport Science, UNC-Chapel Hill

Use of biometric data in the sport industry has exploded in recent years. From youth sport participants to interscholastic and intercollegiate sport to professional sport, millions of data points are collected daily. This presentation will address the unique privacy issues for each of these groups and whether the law and sport regulatory organizations are keeping up with technology.

01-03: Beyond Credit Scores: The Promise & Risk of Alternative Data

Elizabeth A. DeVos, Nelson Mullins Riley & Scarborough and Dowse Bradwell Rustin IV, Nelson Mullins Riley & Scarborough and Adjunct Professor, Trial Advocacy, Furman Law

Lenders are looking to expand beyond traditional credit scoring models to increase the ability to underwrite customers with a thin or no traditional credit file. Recent studies have suggested that such "alternative data" can allow traditionally underserved communities to participate in mainstream credit products. However, with this increased access comes increased risks for violations of the Fair Credit Reporting Act (FCRA), the Fair and Accurate Credit Transactions Act (FACT Act), the Equal Credit Opportunity Act (ECOA), and the Fair Housing Act (FHA).

01-04: Challenges to Public Interest Advocacy & Academic Freedom at Law Schools

Mark Dorosin, Adjunct Professor of Law, UNC School of Law and Elizabeth M. Haddix, Adjunct Professor of Law, UNC School of Law

This session will examine state government restrictions imposed on law school curriculum and programming that focuses on public interest and civil rights issues and the provision of legal assistance to underserved communities.

01-05: Chief Justice Pearson and the North Carolina Supreme Court

Martin H. Brinkley, Dean and Arch T. Allen Distinguished Professor of Law, UNC School of Law; Adam F. Griffin, J.D. Candidate, Class of 2019, UNC School of Law and Paul M. Newby, Associate Justice, North Carolina Supreme Court

A discussion of the life, career and jurisprudence of Chief Justice Richmond Pearson, who led the North Carolina Supreme Court during one of the most tumultuous periods in the history of the state: the years immediately before, during and after the Civil War.

01-06: Comparing Case Results Across Legal Databases

Nicole Marie Downing, Clinical Assistant Professor of Law and Reference Librarian, Kathrine R. Everett Law Library, UNC School of Law and Melissa M. Hyland, Reference Librarian, Kathrine R. Everett Law Library, UNC School of Law

This session will provide a basic overview of algorithms that are utilized by major legal research databases and demonstrate how these calculations can produce very different results in legal research. The session will include North Carolina-specific sample searches in case law that highlight how search term construction, database classification, filtering, and relevance ratings influence produced search results. Discussion will focus on how legal practitioners can leverage a basic understanding of database algorithms to ensure that their own case law research is thorough and complete.

01-07: Immigration Under Trump

Evelyn R. Griggs Smallwood, Hatch Rockers Immigration

Since President Trump has taken office, his administration has issued a number of immigration-related executive orders and made requests to congress for immigration-related legislation. This session will explore how immigration law has changed under the new administration.

01-08: Literature, Lawyers & Professionalism (PR)

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

Lawyers read to gain broad perspectives, strengthen their imaginations, gain insight into the human condition, improve their writing, and explore the society in which they live and work. This year’s program will be enriched by a discussion of recent books of special importance to lawyers including Richard Rosen and Joseph Mosnier’s Julius Chambers: A Life in the Legal Struggle for Civil Rights; Kenneth Janken’s The Wilmington Ten Violence, Injustice, and the Rise of Black Politics in the 1970s; and Tim Tyson’s The Blood of Emmett Till. These books, along with some recent North Carolina fiction, will raise real problems faced by lawyers and judges and offer important insights about the law, legal practice and the social context in which lawyers and their clients operate.

01-09: North Carolina’s Property Tax Conundrum: When to Tax Entrepreneurial Nonprofits

Christopher B. McLaughlin, Associate Professor of Public Law and Government, UNC School of Government

Many state and local governments across the U.S., starved for revenue, have become aggressive about collecting property taxes from nonprofit organizations. Local tax authorities, employing narrow definitions of what constitutes “charitable” and “educational,” insist increasingly on taxing organizations that are federally tax exempt under § 501(c)(3), especially if those organizations are entrepreneurial. This section will examine recent developments in North Carolina and suggest future reforms.

01-10: Venture Capital Term Sheet Basics

Glen E. Caplan, Robinson Bradshaw

Venture capital is a critical element in providing the capital that powers the innovation economy. Over the years, venture capitalists have developed their own idiosyncratic mechanisms for structuring these investments. This session will cover the structure of venture capital financings by walking attendees through a sample term sheet and providing practical examples of how the terms contained in such term sheet impact a growing company. The presenter will also highlight current trends in venture capital terms.

Session 02: Friday, February 9, 2018, 9:10 AM - 10:10 AM

(Not Attending)

02-01: An Introduction to the Law of Eminent Domain & Land Condemnation in North Carolina

B. Joan Davis, Howard, Stallings, From, Atkins, Angell & Davis

This session is a discussion of the law of eminent domain and land condemnation with a focus on how highway projects affect commercial property. The goal will be to introduce this area of the law and identify both practical and legal solutions to the difficulties faced by commercial developers, retailers and lenders when confronted with a new highway project that impacts their land or business.

02-02: Free Legal Information on the Web

Julie L. Kimbrough, Clinical Assistant Professor of Law and Assistant Director for Collections and Access, Kathrine R. Everett Law Library, UNC School of Law and Nick A. Sexton, Clinical Assistant Professor of Law, Interim Assistant Director for Public Services & Head of Access Services, Kathrine R. Everett Law Library, UNC School of Law

This session will focus on legal research. The presenters will give an overview of the leading sources of free legal materials and describe the pros and cons of incorporating these sources into your practice.

02-03: Emerging Issues in Student Loan Law & Policy: An Overview

Kate Elengold, Clinical Associate Professor, UNC School of Law

This session will introduce attendees to the current state of student debt nationally and in North Carolina. It will present current data on the existence and extent of the student debt crisis, identify emerging legal and policy issues and highlight the effects on particularly vulnerable groups.

02-04: Ethical Supervision: Tips & Best Practices (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 Assistant Director of the Externship Program, UNC School of Law

This session will engage attorneys to examine typical supervisory challenges when working with law students and new lawyers. Drawing on their experience working with students and supervising attorneys in the UNC Law Externship program, the presenters will share tips and best practices for meeting the ethical obligations of a supervisor and succeeding as a mentor.

02-05: Hot Topics in Health Law & Policy

Joan H. Krause, 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 health care fraud and abuse and the newly updated regulations governing human subjects research.

02-06: Julius Chambers: A Life in the Legal Struggle for Civil Rights

Joseph Mosnier, UNC Consortium Coordinator, Public Health Leadership Program, UNC Gillings School of Global Public Health; Richard A. Rosen, Professor of Law (Emeritus), UNC School of Law and Theodore M. Shaw, Julius L. Chambers Distinguished Professor of Law, UNC School of Law

Presenters will explore the work of Julius Chambers to advance the NAACP Legal Defense Fund's strategic litigation campaign for civil rights, in landmark school (Swann v. Charlotte-Mecklenburg Board of Education) and employment (Griggs v. Duke Power Co.) desegregation cases at the U.S. Supreme Court.

02-07: Representing Clients with Diminished Capacity (PR)

Jennifer L. Bills, The Noble Law Firm 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. This session will include a discussion of ethical issues, including how to preserve attorney-client privilege, communicate with clients with diminished capacity, serve as a Guardian or Guardian Ad Litem, and deal with conflicts of interest.

02-08: Sanctuary: Immigration Law & Social Norms

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

This session will provide an overview of the forms of “sanctuary” that have recently emerged as they relate to current developments in immigration law and policy. It will examine the various definitions of “sanctuary” and review the legal issues that have shaped the practices and debates. Topics will include the conception of “sanctuary” as relates to cities and states, religious institutions, campuses, and private entities.

02-09: The U.S. Supreme Court and the Criminal Justice System: Data from the 2016 Term

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

Professor Hessick will talk about the U.S. Supreme Court's 2016 criminal justice cases as well as some new cases from the 2017 Term.

02-10: Understanding Crowdfunding

J. Christopher Lynch, Wyrick Robbins

Just as the Internet has enabled the disruption of other industries, it is on the way to disrupting traditional fundraising and securities industries. Until recently, federal and state securities laws presented significant barriers to the widespread use of the Internet and social media technologies for companies wishing to raise capital through the sale of equity or debt securities, but public pressure on lawmakers has caused those barriers to be relaxed. This session will cover Internet-enabled changes in fundraising practices even before recent legislative changes, the state of the most recent crowdfunding legislation, and practical implications for practitioners representing companies seeking capital, as well as their clients.

Session 03: Friday, February 9, 2018, 10:20 AM - 11:20 AM

(Not Attending)

03-01: Contemporary Free Speech Issues on College Campuses

William P. Marshall, William Rand Kenan, Jr. Distinguished Professor of Law, UNC School of Law and Mary-Rose Papandrea, Associate Dean for Academic Affairs and Judge John J. Parker Distinguished Professor of Law, UNC School of Law

In this session, two of Carolina Law’s First Amendment experts will discuss the freedom of expression on university campuses, including here at UNC.

03-02: Criminalizing Poverty in North Carolina

Gene R. Nichol, Boyd Tinsley Distinguished Professor of Law, UNC School of Law

For over two decades, North Carolina has, under a controversial “user fee” notion, developed one of the nation’s most robust regimes of assessed costs and fees triggered by the operation of the criminal justice system. Both the number and the dollar amount of the fees potentially assessed against criminal defendants have risen sharply. Many such fees are not waivable—even upon a showing of indigence. And the General Assembly has recently made it considerably more difficult for state judges to relieve other such payments. For many relatively minor criminal offenses, court ordered assessments can far exceed applicable fines or demanded restitutions. They also work massive and widespread hardship upon low income Tar Heels. When poor defendants are unable to pay, a cascade of other punishments can result, including additional fines, probation violations, and, on occasion, incarceration. The resulting scheme—which works to criminalize poverty in North Carolina—raises very serious equal protection, due process and separation of powers questions. It also is rooted in the troubling assumption that a strong, impartial and effective criminal justice system can be funded by exactions from the poorest and most economically disadvantaged members of society. 

03-03: Debt Collection: Developments in the Caselaw at the CFPB

Bradley S. Lipton, Senior Counsel, Legal Division, Consumer Financial Protection Bureau

This session fill focus on recent developments at the federal level regarding debt collection. The emphasis will be on recent precedent under the Fair Debt Collection Practices Act (FDCPA) as well as developments at the Consumer Financial Protection Bureau (CFPB), including both recent enforcement actions and the ongoing debt collection rulemaking.

03-04: Document Automation: Making Documents More Efficient in the Practice of Law

Stacey Rowland, Clinical Assistant Professor of Law, Interim Assistant Director for Collection Services & IT Services Librarian, Kathrine R. Everett Law Library, UNC School of Law

Technology has changed the practice of law and, increasingly, is creating new job opportunities for enterprising lawyers. Many practitioners, though, do not unlock the true power of software. This session will expose attorneys to document automation, navigation and assembly of legal documents.

03-05: Entrepreneurs and University-Based Angel Networks

Bryan Andrew McGann, Senior Lecturing Fellow and Interim Director, Start-Up Ventures Clinic, Duke University School of Law and Entrepreneur in Residence, UNC-Chapel Hill

Led by Duke University and the Duke Angel Network, area universities are getting into the angel investing business. UNC Chapel Hill (Carolina Angel Network) and North Carolina State University (Wolfpack Investor Network) have followed Duke and created affinity-based angel networks connecting university-affiliated accredited investors with university-affiliated start-ups and early stage ventures. This session will cover the key information that all start-ups should know before applying to these angel networks, the most-favored stage for attracting member interest, and the due diligence process utilized in the deal process. Attendees will gain an overview of the baseline qualifications and company benchmarks preferred by these networks, an overview of the typical deal, and the legal documents used to close these investments.

03-06: Immigration and the Trump Executive Orders

Catherine Y. Kim, George B. Ward Term Professor of Law and Assistant Professor of Law, UNC School of Law

This session explores some of the major Executive Orders issued by the President impacting the lives of immigrants. We will discuss the "Travel Ban" litigation as well as some of the changes in enforcement and detention policy.

03-07: New Developments in Arbitration Law

W. Mark C. Weidemaier, Ralph M. Stockton, Jr. Distinguished Professor, UNC School of Law

This session will discuss recent developments in the law of arbitration, including developments affecting commercial disputes, consumer and employment arbitration, and disputes having international dimensions.

03-08: Recent Developments in Family Law

K. Edward Greene, Wyrick Robbins

This session will review family law appellate opinions in North Carolina and new statutes that have been filed or passed within the prior 12 months.

03-09: Selecting and Preparing Expert Witnesses

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

Professor Myers will cover the evidentiary rules that govern expert witnesses as well as strategic considerations, voir dire, and effective techniques for direct and cross-examination.

03-10: Yes, Health Care is Hard! Here’s Why

Dean M. McCord, Wyrick Robbins

Yes, a somewhat sarcastic title that makes a gentle jab at the President, but it will be a fairly comprehensive (and light-hearted, to the extent possible) survey of the complexity of healthcare – not just the Affordable Care Act (ACA) and insurance markets, but also fraud and abuse, licensure, certificate of need, and more. This would be good for attorneys, students and anyone else who has some interest in the craziness of our world of healthcare. 

Session 04: Friday, February 9, 2018, 11:30 AM - 12:30 PM

(Not Attending)

04-01: 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; what common traps to avoid; and how to prepare for and deliver oral arguments.

04-02: Lifelong Leadership Development for Lawyers (PR)

David G. Delaney, Adjunct Professor, Curriculum in Peace, War and Defense, UNC School of Law

The session will discuss leadership development for attorneys at all career stages. It will touch on the discipline of leadership studies, the ABA Model Rules of Professional Conduct, case studies of government lawyers facing leadership challenges, and his recent leadership work with federal government communities and the Association of American Law Schools.

04-03: Mediation by Sitting Federal Judges: Benefits & Costs

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

Although the federal judiciary has long promoted alternative dispute resolution, appointing sitting judges to serve as mediators is becoming a common practice in some bankruptcy, district, and circuit courts around the country. Although this approach avoids having to pay private mediators and gives parties the benefit of another judge's evaluation, the approach also can put parties and their lawyers in difficult positions, particularly if the judicial mediation idea came from the judge rather than the parties. This session will explore judicial mediation examples from jurisdictions outside of North Carolina and consider ways in which the bar and bench might collaborate to capture the benefits of this practice while managing the risks. 

04-04: North Carolina Identity Theft Act and Scams and Frauds

Hugh A. Harris, Outreach & Policy Counsel, Public Protection Section, NC Department of Justice

This session will discuss identity theft, security breaches, and common scams faced by consumers. This session will help participants to understand how to respond to identity theft/security breaches. The session will review common scams and frauds and offer tips for protecting yourself, your family, and your clients from scams and frauds.

04-05: The Law of Leaks

Mary-Rose Papandrea, Associate Dean for Academic Affairs and Judge John J. Parker Distinguished Professor of Law, UNC School of Law

This session will explore the law relating to the unauthorized dissemination of government information. It will discuss the history of “leaks” in the United States; the statutory framework for criminally punishing leakers; other methods of deterring and punishing leaks; and the legal issues relating to the collection or publication of leaked information by the press.  

04-06: The State of Seed Financing

Joseph M. Green, Senior Legal Editor, Startups & Venture Capital, Practical Law, Thomson Reuters Practical Law

Counsel to early-stage startup companies have to help founders strike the right balance between their need to raise seed capital quickly and cost-effectively and the need to avoid pitfalls that can lead to costly, intractable problems down the road. This session will cover the key considerations for startup founders and their counsel when conducting an initial round of seed financing with angel investors, friends, and family. Attendees will obtain an overview of seed financings, including the types of investors who typically finance early-stage startups and the instruments startups commonly issue to raise seed capital. The presenter will also highlight current trends in seed financing.

04-07: Trademarks as Expressive Change Agents for Political and Cultural Reform

Deborah R. Gerhardt, Assistant Professor of Law, UNC School of Law

Trademarks, like governments, are founded on values shared by their communities. Amplified by social media platforms, trademark owners find themselves armed with the power and responsibility to inspire political, legal and cultural reforms.

04-08: U.S. Supreme Court Treatment of Social Science Data: McCleskey v. Kempat 30

John Charles Boger, Wade Edwards Distinguished Professor of Law (Emeritus), UNC School of Law

In 1987, the U.S. Supreme Court rejected a broad claim by a Georgia capital defendant, Warren McCleskey, that capital sentencing in the State of Georgia was infected by widespread racial disparities. The claim was based upon one of the most thorough and sophisticated social scientific studies of criminal sentencing ever conducted. A year earlier, the Court had rejected another social scientifically-based challenge to capital jury selection in Lockhart v. McCree. Recently, a new generation of social scientists has begun to assess whether the Court is today more open to contemporary social scientific challenges by reflecting on the significance of the McCleskey, Lockhart and other cases.

04-09: Updates on FCPA and Other Anti-Corruption Enforcement

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

This session will discuss the Foreign Corrupt Practices Act (FCPA), recent developments in its enforcement in the U.S. and throughout the world, and the collaboration among the enforcement authorities of the U.S. and of other countries in these types of cases. The session will include the ramifications from recent Department of Justice (DOJ) and Securities and Exchange Commission (SEC) announcements, the proactive steps that companies and individuals should take to prevent and detect violations, and some tips in dealing with government investigations under these laws.

04-10: Views On Legal Challenges in Health Care Practice & Policy

Andrew L. Woods, Liberty Partners Group

Woods will draw from his extensive and diverse legislative practice that includes advising clients on business and healthcare issues involving the federal government. The session will be an overview of development and implementation of health policy initiatives for a variety of healthcare organizations under the current administration and the potential legal challenges.

Session Lunch: Friday, February 9, 2018, 12:30 PM - 1:30 PM

(Not Attending)

Attending: Networking Lunch (Buffet) - Complimentary

A networking lunch (buffet) at the Friday Center for all Festival attendees who register by January 27, 2018.

Due to limited dining space, we may not be able to accommodate late registrants for lunch. 
If you do not intend to dine at the Friday Center, please decline your lunch ticket to allow space for interested parties. 

Session 05: Friday, February 9, 2018, 1:30 PM - 2:30 PM

(Not Attending)

05-01: An Introduction for Lawyers to the Science of Cybersecurity

Joseph E. Kennedy, Martha Brandis Term Professor of Law, UNC School of Law

This overview will cover what lawyers need to know about the science of cybersecurity including a basic, lay-person-friendly, explanation of how computers and the internet works. The focus will be on how "reasonable cybersecurity" is defined by cybersecurity professionals and by various legal standards.

05-02: Compliance in Today's Enforcement Climate

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

This session will discuss the role of compliance, the need for companies and other entities to have an effective program and the elements of a compliance program. The session will include an update regarding the government's expectations for robust compliance programs and practical tips for developing a client program and conducting risk assessments. This session will also explore the benefits of a program as part of the defense of a company and its management and board.

05-03: Criminal Justice and Civil Penalties

Eisha Jain, Assistant Professor of Law, UNC School of Law

This section will discuss legal developments relating to how criminal arrests and convictions trigger civil penalties. Topics include fines and fees, as well as other types of collateral consequences.

05-04: Health Care: 2017 Year in Review

Carolyn Lloyd Coward, Van Winkle, Buck, Wall, Starnes & Davis

Come prepared for a fast and furious ride through a year of health care events that continued to change the landscape for health care providers and their patients. Beginning with health care reform by executive order to examining the largest health care fraud enforcement in Department of Justice (DOJ) history, the session will focus on the policies behind the actions. The impact of the Yates Memo on individual culpability, new compliance program guidance from DOJ and HHS Office of Inspector General (HHS-OIG), and the Fourth Circuit’s decision on extrapolation use in False Claims Act (FCA) cases are just a few of the topics that caused 2017 to be a very interesting year in health care.

05-05: Justice Gorsuch: The Call to Public Service & Academic Freedom

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

In this session, Professor Gerhardt will explore the question of what do UNC Law School’s Center for Civil Rights, law faculty’s op eds, and contested Supreme Court nominations have in common? Drawing in part on his experiences as Special Counsel to the Senate Judiciary Committee for the nomination of Justice Gorsuch, constitutional scholar, and former Vice-Chair of the UNC Faculty, he will discuss the legal and ethical issues arising from efforts to penalize judicial nominees, law school faculty, or students for their public service or expression. The pertinent law to be explored include, but is not limited to, the First Amendment, North Carolina constitutional and statutory law, and the rules of professional conduct.

05-06: Reading Literature in Law School and Beyond (PR)

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

"Law and Literature” is a popular course offered by many law schools, and it is a field of increasing interest to legal commentators. Many works of fiction, including both long-time classics and more contemporary books and stories, present an opportunity to think about the legal process, ethical dilemmas, and conflicts between law and morality. In this session, Professor Bryan will describe the evolution of “Law and Literature” and talk about how reading and discussing literature can broaden legal education and benefit practicing lawyers. One of the examples she will consider is Kazuo Ishiguro’s The Remains of the Day, book about an English butler during the mid-20th century that provokes questions about professionalism and the role of lawyers in our society.

05-07: Recent Trends in UDAAP Supervision and Enforcement

Anjali Garg, Mayer Brown

This session will focus on recent trends in supervision and enforcement actions using the prohibition on unfair, deceptive, or abusive acts or practices (UDAAP), including actions taken by the Consumer Financial Protection Bureau (CFPB), Federal Trade Commission (FTC) and prudential regulators. The emphasis will be on lessons learned in how regulators approach consumer financial protection through the use of the prohibition on Unfair, Deceptive, or Abusive Acts or Practices (UDAAP).

05-08: The Impact of North Carolina Becoming a 'Daubert' State on Expert Testimony

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

This session examines State v. McGrady (N.C. 2016), which ruled that the legislature’s amendments to North Carolina Evidence Rule 702(a) effectively adopted the federal Daubert standard, and a number of other cases decided by North Carolina’s appellate courts regarding the admissibility of expert testimony under the new standard. Implications for preparing expert witnesses and presenting expert testimony will be discussed.

05-09: The Price We Pay as Professional Problem Solvers (MH/SA)

Atiya Mosley, Legal Aid North Carolina

Compassion fatigue has been widely studied in social workers and first responders to crisis situations. New ground-breaking research has revealed the impact of this condition on those working in the legal profession. Given that compassion fatigue is akin to burn out, this program resonates deeply for lawyers from all practice areas. This program focuses on the condition itself, the brain science behind it, why and how lawyers may find themselves vulnerable to it, and how to mitigate it. This is your opportunity to not only meet your mandatory CLE requirement, but also learn something valuable and potentially life and/or career saving.

05-10: Why Crowdfunding and CPOs Are Hot Capital Raising Tools [Part I of II]

Benji Taylor Jones, Ward and Smith PA and James F. Verdonik, Ward and Smith

The first hour will cover the size of the crowdfunding market and crowdfunding strategies for small businesses and non-profit organizations. What businesses should do when the bank says no? How can non-profits leverage grants with investment capital from crowdfunding offerings? How can businesses use North Carolina's crowdfunding law? How can crowdfunding offerings be combined with customer loyalty programs? What are the best practices? What should you never do? What liability issues do lawyers have when their clients sell securities in crowdfunding offerings?

Session 06: Friday, February 9, 2018, 2:40 PM - 3:40 PM

(Not Attending)

06-01: Capital Gains Taxes: Past, Present and Future

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

This session will explore capital gains taxes, including a historical background, an overview of the current rules for taxing capital gains, and proposals for reform. While the session will be of interest to tax practitioners, it will be accessible to any lawyer looking for general background knowledge on capital gains taxes or who is interested in tax policy.

06-02: Introduction to Privacy Law

Anne Klinefelter, Associate Professor of Law and Director, Kathrine R. Everett Law Library, UNC School of Law

This session provides an overview of the types of law that fall under the umbrella of privacy. This birds-eye view introduces a broad spectrum of evolving issues.

06-03: Lawyers for the Enslaved: North Carolina, 1830-1861

Barbara A. Fedders, Assistant Professor of Law, UNC School of Law and Jeffrey Miles, J.D. Candidate, Class of 2019, UNC School of Law

In this session, we examine lawyers who represented enslaved people in pre-Civil War North Carolina. We catalogue the primary forms of this representation—criminal defense; "freedom suits," in which slaves petitioned for freedom; and quasi-manumission work on behalf of slave-owners. We focus on how these lawyers came to be involved in this representation and how they may have been influenced by prevailing political ideology on the rule of law. We analyze the lessons these lawyers can teach contemporary lawyers for social justice.

06-04: Legal Project Management

Alison A. Grounds, Troutman Sanders

Learn the skills and tools necessary to serve your clients efficiently. This session will cover the three phases of legal project management. Attendees will be exposed to industry best practices for the use of technology in managing legal caseloads with the goal of increasing their proficiency and competency as a lawyer.

06-05: Legal Writing and Research

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

This session will address teamwork in legal research and writing—how to get useful assistance from others, offer assistance to others diplomatically and effectively, and when necessary how to serve as your own best critic and coach on a research and writing project.

06-06: Managing New Attorneys & Chambers

Mark A. Davis, Judge, North Carolina Court of Appeals and Sara B. Warf, Clinical Assistant Professor of Law, UNC School of Law

Among the many behind-the-scenes responsibilities of being a judge or experienced attorney are those required of anyone who manages people: training new employees, handling internal conflicts, maintaining smooth work flow, etc. Managing attorneys adds its own layer of complexity, and managing brand new attorneys adds yet another. This session will present ideas on doing so successfully from both a Court of Appeals judge and a law professor. We will share things you might think your new attorney or clerk knows but s/he almost certainly does not; a template for creating your own internal chambers style guide; materials for talking to your clerks about judicial ethics; and more.

06-07: Recent Developments in the Legal Application of Neurological and Behavioral Science

John Martin Conley, William Rand Kenan Jr. Professor of Law, UNC School of Law; Jane Campbell Moriarty, Carol Los Mansmann Chair in Faculty Scholarship and Professor of Law, Duquesne University School of Law and Robin Conley Riner, Assistant Professor of Anthropology, Department of Sociology and Anthropology, Marshall University

This session will review some recent developments in the law of scientific evidence. It will then examine recent cases, in North Carolina and nationally, involving the use of evidence from the social, behavioral, and neurosciences.

06-08: The State of Disparate Impact Litigation in Fair Lending

Stephen V. Carey, Parker Poe Adams & Bernstein.

The session will analyze the effect of the U.S. Supreme Court's decisions in Inclusive Communities and City of Miami on disparate impact litigation under fair lending laws.  The emphasis will be on what is now needed to establish a prima facie case, and what defendants should look for in seeking dismissal.

06-09: Workplace Sexual Harassment: Still Alive and Kicking

Nicole A. Crawford, Brooks Pierce McLendon Humphrey & Leonard

This session will engage non-employment lawyers in sexual harassment training, addressing not just the overt but also the subtle forms of sexual harassment that occur, and are actionable, in the workplace. The session will cover critical points of anti-harassment policies and guidance for employees and employers.

06-10: Why Crowdfunding and CPOs Are Hot Capital Raising Tools [Part II of II]

Benji Taylor Jones, Ward and Smith PA and James F. Verdonik, Ward and Smith

The second hour will cover crowdfunding and coin public offering (CPO) strategies for sophisticated investors and growing technology businesses as alternatives to traditional venture capital. Topics covered will include securities exemptions, transaction structures and business strategies. How can business survive "Death Valley”? How can businesses and early-stage investors minimize dilution? How can venture fund managers become lead investors in crowdfunding transactions?
This is a two-hour presentation that begins in Session 5 and ends with Session 6. Participants are encouraged to attend both sessions.

Session 07: Friday, February 9, 2018, 3:50 PM - 4:50 PM

(Not Attending)

07-01: Counter-Majoritarian Testators, Insane Delusions, and the Law of Wills

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

This session explores the ways that biases in the administration of inheritance law frustrate the testamentary freedom of testators whose preferences run counter to majoritarian norms, with a special focus on the doctrine of insane delusions.

07-02: Federal Regulatory Resources on the Web

Donna L. Nixon, Clinical Assistant Professor of Law and Electronic Resources Librarian, UNC School of Law

This session will outline various reliable online resources to research federal regulations and administrative decisions. The focus will be on free resources, but will include some subscription tools. The session will also cover methods to update regulatory research.

07-03: Resolving a Tax Case: An Overview of the Process

Daniel E. Garner, General Counsel, NC Department of Revenue and Ronald G. Penny, Secretary of Revenue, NC Department of Revenue

This session is an introduction for non-tax practitioners, so that the lawyer in general practice is not totally bewildered and rendered mute when a client comes up with a North Carolina tax issue. 

07-04: Tackling the Opiate Epidemic (MH/SA)

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

This session will focus on the on opiate abuse. The session 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: The Importance of Effective Communication in Your Practice

Nikul D. Patel, Womble Bond Dickinson (US)

Communication skills are critical to the success of any attorney but especially so for new attorneys. This session will expose participants to thoughts and methods designed to improve their listening, oral communication, and written advocacy skills as legal counsel. 

07-06: The Internet, Cybercrime, and Key Legal Considerations

Allen O'Rourke, Womble Bond Dickinson (US)

In this session, O’Rourke introduces basic concepts of web technology so that attorneys without training in computer science can better understand and communicate about legal issues related to the Internet. He then discusses recent high-profile cyberattacks and explores how they are carried out over the Internet, using case studies such as the WannaCry ransomware attack of May 2017 and the Mirai DDoS attack of October 2016. Finally, he provides an overview of data breach legal considerations, covering (1) cybersecurity preparedness and compliance issues, (2) responding to cybersecurity incidents, and (3) defending civil litigation and government investigations stemming from cyberattacks.

07-07: The Past and Future of the Originalism, On and Off the U.S. Supreme Court

Logan E. Sawyer, Associate Professor of Law, University of Georgia

For about three decades, virtually every Republican has agreed that the most important question about constitutional law is the meaning the document had for its authors and ratifiers. Democrats, over the same period, have rejected originalism with similar unanimity. This union between political party and interpretive theory is unusual in American history, perhaps unique. This session will discuss how we got here, and where we might be going next.  

07-08: Third-Party Litigation Funding: Regulatory and Other Issues

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

Third-party funding of litigation has become a major industry. Regulators, discovery rules, and legal ethics have not kept up with the growth of third-party litigation funding. This session will provide an overview of regulatory and ethical issues.

07-09: Understanding Contract Boilerplate

John F. Coyle, Reef C. Ivey II Term Professor of Law, Associate Professor of Law, UNC School of Law

All contracts contain boilerplate provisions. This session will provide guidance on how to avoid common mistakes when drafting two such provisions—the choice-of-law clause and the forum-selection clause. It will also suggest model language for each of these two clauses that can be incorporated into existing contracts. Please come and learn about this incredibly boring topic! Professor Coyle has done all the research so you won't have to. Past audience members report that it was considerably more interesting than they anticipated.

07-10: Update on Local Rules of the Western District of North Carolina

David K. Davis, Staff Attorney and Law Clerk, U.S. District Court WDNC; David C. Keesler, U.S. Magistrate Judge, WDNC; Patricia Wilson Magee, Judicial Law Clerk, U.S. District Court, WDNC and Member, Advisory Committee on Local Rules and Frank D. Whitney, Chief District Judge, U.S. District Court WDNC and Adjunct Professor, UNC School of Law

After nearly two years of work, the Board of Judges of the Western District of North Carolina adopted new Local Rules, effective January 1, 2018. This session will focus on the major changes to the Local Rules.

Session 08: Friday, February 9, 2018, 5:00 PM - 6:00 PM

(Not Attending)

08-01: Boom or Bust - Recent Issues in Car Lending

Christopher Kukla, North Carolina State Director, State Innovation Exchange (SiX) and Adjunct Professor, UNC School of Law

This session will explore current legal and policy issues in car lending, including different regulatory responses to the increase in subprime auto delinquencies and repossession, changing auto loan terms and practices, and the changing regulatory environment. This session will also explore relevant data and regulatory enforcement actions.

08-02: Can the Law Keep Up With the Technology of Gerrymandering?

Andrew Chin, Associate Professor, UNC School of Law

In Gill v. Whitford and other pending cases including several in North Carolina, the courts will soon revisit Justice Kennedy's prediction in Vieth v. Jubelirer (2004) that the "rapid evolution of technologies" will exacerbate the "threat" of unconstitutional gerrymandering but offer the "promise" of new analytical tools for its detection. Professor Chin, who authored an amicus brief on behalf of 44 law professors in Gill, will describe some of the most important computational challenges and opportunities for the constitutional review of computer-aided legislative redistricting processes in the age of big data.

08-03: Communication in Negotiations: Proceeding Through Uncertainty

Samuel S. Jackson, Adjunct Professor of Law, UNC School of Law and Adjunct Professor, Health Policy and Management, UNC Gillings School of Global Public Health 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 communications in any legal negotiation is important to help facilitate better outcomes. Unfortunately, for a variety of reasons, communications often break down or are somewhat muddled. This presentation will discuss some of the reasons for difficulty in good communications by discussing and showing examples of good and problematic communications. Suggestions about how to improve ways to discuss situations and improve communication will be offered.

08-04: Exiting the Venture-Backed Company

Justyn Kasierski, Hutchison Law

Getting liquidity from an emerging growth company usually involves hurdles beyond market economics and timing. This presentation will address the issues that typically arise when one or more stockholders desire to exit their position in a venture-backed company. The session will provide an overview of the restrictions that may be imposed on management stockholders as well as investors, as well as the negotiation, implementation and application of key provisions affecting liquidity in various exit scenarios.

08-05: Legal Practice: The Client Relationship

Brandi M. Hobbs, Poyner Spruill

How do you maintain and expand client relationships? This session will help attendees create new habits, identify new opportunities, and increase their business development knowledge. The attendees will understand how to create an annual business development plan focused on the strategic identification, cultivation, and conversion of prospective clients into clients and how best to retain current clients. 

08-06: Marketing or Managing? Considerations for a Lawyer Serving on a Nonprofit Board (PR)

Marty Martin, Martin Law Firm

While serving on a nonprofit board, the former Chief Justices of the U.S. Supreme Court and the North Carolina Supreme Court were involved in high publicity board failures. Yet their issues were not unique to the nonprofit boards on which they served. This class will discuss some of legal and ethical issues for lawyer serving on a nonprofit board of directors.

08-07: Reproductive Rights and Justice

Jina Dhillon, Adjunct Assistant Professor, UNC School of Law

This session will provide an overview of current developments in reproductive rights and justice jurisprudence, public policy developments, and implications for service delivery and health and well-being of individuals in North Carolina and beyond. The session will cover developments at the federal level, including U.S. foreign policy restrictions on reproductive health services and attempts to remove preferred women's health providers from public programs (including Medicaid). Some discussion of the organized opposition to reproductive health and rights in the U.S. will also be covered.

08-08: The Current U.S. Supreme Court Term

Andrew Hessick, Professor of Law, UNC School of Law

This Term, the U.S. Supreme Court will decide a number of important issues, including whether there are limits on political gerrymandering, whether private individuals can invoke their religious beliefs to discriminate on the basis of sexual orientation, and whether Congress overstepped its powers in directing the courts how to decide a particular case. Professor Hessick will discuss these and other cases pending before the U.S. Supreme Court this Term. 

08-09: The Future of Privacy and Cybersecurity Law

David A. Hoffman, Associate General Counsel and Global Privacy Officer, Intel Corporation; Elizabeth H. Johnson, Wyrick Robbins; Stephanie K. Pell, Assistant Professor and Cyber Ethics Fellow, West Point and Mary Fletcher Peña, Senior Commercial Attorney, Red Hat, Inc

Join a diverse group of experienced practitioners for a round-table discussion of those yet-to-be resolved legal issues that are central to the future development of cybersecurity law.

08-10: The Genius of the "Common Law"

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

The common law is a phrase we often use and never define—rather like Mark Twain’s definition of a “classic”: a book people praise and don’t read. This presentation is a search for the “genius” of the common law—not a search for a lawyer of extraordinary ability, but for the essential character of our legal tradition, with particular reference to North Carolina. While including a look back at legal history, this session also examines some of the means by which the common law continues to grow in the present.

Session Reception: Friday, February 9, 2018, 6:00 PM - 7:00 PM

(Not Attending)

Attend: Carolina Law's Side Bar Reception

Join us after the last Friday session with a complimentary networking reception open to all speakers and attendees of the Festival of Legal Learning! The reception will take place in the Friday Center.

Hosted by Carolina Law Alumni Council and sponsored by Lawyers Title.

Session 09: Saturday, February 10, 2018, 8:00 AM - 9:00 AM

(Not Attending)

09-01: Banking Law: Legislative, Regulatory and Enforcement Priorities in the Trump Administration

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

This session will explore the priorities of the Trump Administration in financial services regulation and how those priorities are being implemented.

09-02: Environmental Symposium I: Administrative Law Implications for Environmental Law

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

Administrative law has taken a prominent position in the deregulation of the Trump Administration. As court challenges based on the Administrative Procedure Act (APA) could decrease regulatory rollbacks—and stop some altogether—this hour will discuss the newfound interest in administrative law and how it could impact the current agenda. This hour will also include changes to the National Flood Insurance Program (NFIP), should major changes occur.

09-03: Is Discrimination Against LGBT People a Form of Sex Discrimination?

Maxine Eichner, Graham Kenan Professor, UNC School of Law and Holning S. Lau, Reef C. Ivey, II Distinguished Professor of Law and Associate Dean for Faculty Development, UNC School of Law

This session will examine arguments that bans on sex discrimination (e.g., Title VII, Title IX, and constitutional sex discrimination doctrines) should be construed to ban discrimination based on sexual orientation and gender identity. We will discuss the legal theories behind these arguments. We will also examine relevant case law and developments within administrative agencies.

09-04: IT Outsourcing Does Not Mean Putting Client Data at Risk: Vendor Due Diligence for IT Contract

Eva Lorenz, Senior Engineer, Security, Agio, Inc

Outsourcing of IT services is a business model that makes sense for law firms of all sizes from large companies to solo practitioners. But trusting a third party to host confidential client data is not enough; some safeguards should be built into the agreement, whether as part of the contract or assessed prior to the data transfer. This session will cover how to perform basic due diligence on IT service providers prior to transferring client data to third parties, including cloud providers. In addition, this session will examine "pain points" of vendor relationships, such as contract termination and the response to security breaches, and recommendations provided on how to handle such areas.

09-05: Overview: Animal Law 101

Calley Gerber, Gerber Animal Law Center and Adjunct Professor of Law, UNC School of Law

This session will focus on common civil and criminal animal law issues. Attendees will gain a greater understanding of top animal legal issues and leave with an improved ability to offer advice in this rapidly growing area of law.

09-06: Recent Developments at the Federal Communications Commission

Julia C. Ambrose, Brooks Pierce McLendon Humphrey & Leonard

This session will showcase some of the year's most significant developments at the Federal Communications Commission (FCC).

09-07: Tale of Two Buildings: A Comparison of the Kansas City Hyatt Walkway Collapse and the CitiCorp Center Collapse that Never Occurred

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

This session will examine the legal issues surrounding the disciplinary powers of professional licensing boards against the historical backdrop of two notable skyscraper design failures from the late 1970s. The first resulted in our country's most devastating structural collapse. The other carried the potential for even greater disaster, which was narrowly averted only with the assistance of the most audacious secret ever kept in our country's largest city.

09-08: Third Reich, Third Rail? The Relevance (or Irrelevance?) of Nazi Germany to American Legal History

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

There is one sure-fire way to stoke – and probably lose – any debate about American law and policy, and that is to compare it to anything having to do with law and policy in Nazi Germany. Outraged howls quickly ensue: “How dare you invoke Nazi Germany as to anything in our American legal tradition?” As it happens, though, it was a fairly common practice to compare aspects of American law and policy to that of Nazi Germany during the life of the Third Reich itself. Even more painfully, there is evidence that certain provisions of Nazi law found support in American law. This session will explore the relevance of the example of Nazi Germany in argumentation about American law and policy.

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

R. Allen Baddour Jr., Resident Superior Court Judge, N.C. Judicial District 15B and Ripley E. Rand, Womble Bond Dickinson (US)

This session will offer an interesting and amusing look at important rules of professionalism, ethics and general rules of practice, including interactions with the court, opposing counsel and witnesses.

09-10: Workshop: How to Improve Your Legal Writing [Part I of II]

Lewis M. Everett, Clinical Associate Professor, UNC School of Law and Rachel I. Gurvich, Clinical Assistant Professor of Law, UNC School of Law

In this session, attendees will learn strategies for how to improve the structure and style of their legal writing. Professors Everett and Gurvich will present tips that writers can implement at all stages of the writing process, from planning through editing, to strengthen both the content and the presentation of their legal analysis. The two-hour session will be an interactive workshop, including exercises that give participants a chance to immediately practice the skills covered by the instructors.

Session 10: Saturday, February 10, 2018, 9:10 AM - 10:10 AM

(Not Attending)

10-01: Car Dealer Add-ons Add Up

John W. Van Alst, National Consumer Law Center (NCLC)

This session will examine the add-on products dealers include in cars sales and will showcase new data that reveals the extraordinarily amounts that dealers’ markup add-on products as well as the inconsistent pricing dealers use, leading to discrimination. We will also examine the role that car-financing companies play in allowing these excessive and discriminatory markups.                 

10-02: Environmental Symposium II: The Southeast’s Energy Future

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 session will discuss the relationship between energy infrastructure and environmental impacts. It will cover the D.C. Circuit’s recent decision requiring Federal Energy Regulatory Commission (FERC) to consider climate change impacts of the Southeast Market Pipelines Project, the cancelled V.C. Summer nuclear units in South Carolina and the impact of those cancellations on utilities’ ability to hedge regulatory risk, and the risk that current natural gas investments could become stranded assets.

10-03: Intellectual Property for the Performing Arts & Creative Industries

David L. Harrison, General Counsel, UNC School of the Arts, Adjunct Professor of Law, Copyright and the Music Industry, UNC School of Law and Adjunct Professor of Law, Wake Forest School of Law

How intellectual property protects, and just as often doesn't protect, the creative genius of the performing arts, including theater, music, dance, filmmaking, design and production.  

10-04: Keeping Pace: Recent Developments in Class Actions

Anthony T. Lathrop, Moore & Van Allen

The rapid transformation of class action jurisprudence has continued on multiple fronts at both the state and federal levels. In the past year, North Carolina has created new appellate rights for class action defendants, while the U.S. Supreme Court curbed plaintiffs’ ability to force an appeal of class certification. The U.S. Supreme Court took on the viability of class arbitration waivers in employment contracts, while the Consumer Financial Protection Bureau (CFPC) banned the use of class waivers in certain consumer financial agreements. And the U.S. Congress is considering a major overhaul of class action procedure, while proposed amendments to Federal Rule of Civil Procedure 23 are on track to become effective in December 2018. This session will discuss recent class action developments and provide a look ahead to the next wave of critical class action issues.

10-05: Lawyers of Sound Mind (MH/SA)

Melody Moezzi, Writer, Activist and Attorney; Visiting Professor, University of North Carolina at Wilmington

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.

10-06: Making the Most of Your Citator

Aaron S. Kirschenfeld, Clinical Assistant Professor of Law and Digital Initiatives Law Librarian, UNC School of Law

This session will cover methods for using online citators, such as Lexis Advance’s Shepard’s, Westlaw’s KeyCite, or Fastcase’s Authority Check, and demonstrate that they can do a lot more than tell you if the case you are looking at is still “good law.” This session will equip you with strategies for making the best use of the citation analysis tools included with your online legal research system or systems. We will look at updating statutory and regulatory law, using citators for locating relevant secondary sources, and other, more specialized uses.

10-07: The ABCs of Social Enterprises and Impact Investing

Robert W. Saunders, Brooks Pierce McLendon Humphrey & Leonard

This session will review various legal structures (both for profit and nonprofit) that are described as “social enterprises.” The instructor will give particular attention to the terminology used (i.e., benefit corporations, L3Cs, and the like) and to the legal and marketing differences of the legal entities when used by the for-profit and nonprofit sectors. For example, are benefit corporations exempt from taxation? The session will also focus on impact investing, especially where both nonprofit and for-profit investments are made to support a single venture.   

10-08: The Law of Defamation: A Primer

C. Amanda Martin, Stevens Martin Vaughn & Tadych

Have libel issues bubbled up in your domestic or employment case? Do you need a refresher on key issues and defenses in a traditional libel case? Presenter will provide a defamation primer with updates that reflect the state of the law of online speech and social media. 

10-09: The Lawyer As Crisis Manager

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

Lawyers are frequently called upon to advise organizations and individuals through crises. However, lawyers seldom receive instruction in crisis management nor crisis communications. C-Suite executives, public relations firms and “crisis managers” can play an important role in responding effectively to events, but lawyers are in a particularly unique position when crises hit. They must balance the desire for immediate action with the more deliberative work sometimes necessary for wise counsel in complex situations. Social media has only made effective counsel more challenging.

10-10: Workshop: How to Improve Your Legal Writing [Part II of II]

Lewis M. Everett, Clinical Associate Professor, UNC School of Law and Rachel I. Gurvich, Clinical Assistant Professor of Law, UNC School of Law

In this session, attendees will learn strategies for how to improve the structure and style of their legal writing. Professors Everett and Gurvich will present tips that writers can implement at all stages of the writing process, from planning through editing, to strengthen both the content and the presentation of their legal analysis. The two-hour session will be an interactive workshop, including exercises that give participants a chance to immediately practice the skills covered by the instructors.
This is a two-hour presentation that begins in Session 9 and ends with Session 10. Participants are encouraged to attend both sessions.

Session 11: Saturday, February 10, 2018, 10:20 AM - 11:20 AM

(Not Attending)

11-01: Death & Taxes: Estate Planning [I of II]

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

This session is appropriate for the beginning estate planner or the general practitioner who includes will drafting in their practice. 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. Presenters will also review the nuts and bolts of the initial client meeting and the signing process.

11-02: Environmental Symposium III: Legislative Updates, HB 589 and the Value of Solar

Heather E. Payne, Assistant Director for the Center for Climate, Energy, Environment and Economics (CE3) and Adjunct Assistant Professor, UNC School of Law

As states around the country determine how solar should be compensated, North Carolina has changed its implementation of the Public Utility Regulatory Policies Act (PURPA), leading to continued solar development in the next four years but uncertainty after that period. This hour will include a detailed overview of the statute and the practical implications of implementing Competitive Energy Solutions Plan (HB 589), as well as a discussion of what other states have factored into the value that they have placed on solar resources. 

11-03: Exploration of Fair Use in Light of 'Oracle v. Google'

Jeffrey Kaufman, Open Source IP Counsel, Red Hat, Inc

The current state of litigation between Oracle and Google provides a fascinating perspective on copyright fair use in the context of software APIs. This session will put the audience in the jury box to obtain an important and unique perspective on why the trial returned a unanimous verdict in favor of Google, essentially concluding that the copyright fair use doctrine allowed Google to use JAVA SE APIs in its implementation of Android. The session will conclude with a group discussion on potential impacts to the open source community. After attending this talk, the audience will have a clear understanding of the history and current state of the Oracle v. Google litigation; clarification on why APIs may still be subject to copyright protection; when API use may be a ‘fair use’ under the law as a result of this litigation. 

11-04: Mindfulness and Stress Reduction—Practical Tips That You Can Use (MH/SA)

William A. Frey, Assistant Manager, Organization and Professional Development Specialist, Office of Human Resources, UNC-Chapel Hill and Instructor, Department of Physical Medicine & Rehabilitation, Program on Integrative Medicine, UNC School of Medicine

Frey, an instructor of mindfulness-based stress reduction for the Program on Integrative Medicine at UNC-Chapel Hill, and the author of Ease Into Freedom: Keys for Reducing Stress and Unlocking Your Potential, will offer attorneys some practical tips for reducing stress in their daily lives.  

11-05: Privacy and Court Records: What Does the First Amendment Require Regarding Online Access?

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

This session will discuss the First Amendment and online access to court records and offer suggestions about how judges and court administrators can protect privacy while at the same time ensuring transparency and public accountability.

11-06: Race, Gender, and Attorney Representation in Routine North Carolina Cases (PR)

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

Do racial minorities get a "worse deal" when it comes to traffic court cases? What about "out-of-town" defendants? Are older drivers treated the same as younger drivers? While much attention has been paid to racial discrimination in traffic stops, less is known about how race, gender, and attorney representation may matter in routine court cases. Using a large sample of North Carolina speeding cases, this talk will explore how defendant characteristics may influence case outcomes. Special attention will also be paid to attorney representation when counsel is present. This talk has important implications on how we practice law as well as the administration of justice.        

11-07: Trump Era Immigration in Practice—Rhetoric or Reality?

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

In this session, panelists will discuss the current state of immigration law, the fall-out from Trump era immigration initiatives, and developments expected on the horizon. How have administrative appointments, orders, and regulatory amendments affected non-citizens and their family members, both inside and outside the U.S.? What has been the effect on U.S. businesses and institutions? Where does Congress stand regarding immigration legislation and reaction to the White House?

11-08: Using Chapter 13 Bankruptcy to Save Elderly & Low-Income Homeowners from Foreclosure

Maria D. McIntyre, Financial Protection Law Center and Anne J. Randall, Attorney, Consumer Protection Legal Aid North Carolina

Chapter 13 bankruptcy can be a powerful tool to help elderly and low-income clients avoid home loss threatened by reverse mortgage foreclosures, tax foreclosures, mobile home repossession actions or conventional mortgage foreclosures. We will discuss the evaluation process for determining whether Chapter 13 is a viable option and the processes available to make these types of cases successful.

11-09: Who's in Charge of the Public School System?

Katie G. Cornetto, Schwartz & Shaw and Robert F. Orr, Attorney at Law, PLLC, Adjunct Professor of Law, UNC School of Law, Associate Justice, N.C. Supreme Court (Retired)

There are two lawsuits headed for the North Carolina Supreme Court with the intent of bringing constitutional clarity to Art. IX of the North Carolina Constitution setting out the state system of public education. The two cases involving the State Board of Education have the potential for clarifying the historical conflicts among the State Board of Education, the Superintendent of Public Instruction and the General Assembly. The session will cover the history, the conflicts and the pending cases. 

11-10: Winning the Battle: Effective Writing Styles in Litigation Documents

Peter Nemerovski, Clinical Associate Professor of Law, UNC School of Law

What kinds of writing do judges like to see in motions, briefs, and other court documents? While different judges have different standards and preferences, there are some areas of consensus or near consensus. This is especially true with respect to things judges do not like to see in court filings. In this session, Professor Nemerovski will summarize empirical research by Sean Flammer, Ross Guberman, and others, with the goal of helping practicing attorneys write the kinds of documents judges like to read. The topics covered will include Plain English versus legalese, how to characterize your adversaries and their arguments, and specific phrases that judges wish attorneys would avoid.

Session 12: Saturday, February 10, 2018, 11:30 AM - 12:30 PM

(Not Attending)

12-01: Death & Taxes: Estate Planning [Part II of II]

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

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

12-02: Environmental Symposium IV: Water Regulation in North Carolina: From the Rivers, to the Seas, to your Drinking Water

Maria Savasta-Kennedy, Clinical Professor of Law and Director of the Externship Program, UNC School of Law

This hour will provide an overview of the way we regulate water in North Carolina. What activities require permits? What are the challenges to our water quality? Is your drinking water safe?

12-03: Fair Lending and LEP Issues in Consumer Finance

Tori K. Shinohara, Mayer Brown

This session would focus on recent fair lending trends and considerations in consumer finance law, including issues involving consumers with Limited English Proficiency (LEP).

12-04: Federal Labor & Employment Law Roundup

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

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

12-05: Freedom of the Press and the Trump Administration

David S. Ardia, Associate Professor of Law and Co-Director, Center for Media Law and Policy, UNC School of Law; C. Amanda Martin, Stevens Martin Vaughn & Tadych and Mary-Rose Papandrea, Associate Dean for Academic Affairs and Judge John J. Parker Distinguished Professor of Law, UNC School of Law

In this session, panelist will explore the Trump Administration’s positions on executive branch transparency, journalists’ access to government officials, the law governing the unauthorized dissemination and publication of government information, the scope of defamation law, respect for journalists, and the rhetoric of “fake news,” among other topics. 

12-06: Intro to Critical Race Lawyering: Rethinking Race, Lawyering Professional Identities and the Law (PR)

Erika Wilson, Reef C. Ivey II Term Professor of Law, Associate Professor of Law UNC School of Law

This session will provide a brief introduction to the tenets and methodologies of critical race theory (CRT). It will examine how those tenets can guide practicing lawyers in their professional roles and identities. It will also suggest ways in which CRT tools and tenets can be used by practitioners to improve the conditions of marginalized client populations. This session provides an opportunity to consider how the important contributions of CRT can be put into everyday use by legal practitioners.

12-07: Introduction to and Thoughts on International Criminal Law

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

This talk will address the history and current structure of international criminal law (ICL), describe its most important doctrines, discuss the successes and failures of the ad hoc courts established to hear cases arising from the wars in the former Yugoslavia and the Rwandan genocide, consider the performance of the International Criminal Court, and raise questions about the fundamental assumptions on which ICL is based.

12-08: Nonprofit Law: Counsel for a Nonprofit or Serving on a Nonprofit Board?

Sara L. Hall, Chief Legal Officer and General Counsel, ALSAC, St. Jude Children's Research Hospital

Are you on a nonprofit board or new to the nonprofit world? In this session, an experienced nonprofit Chief Legal Officer will provide an overview of nonprofit law, and the unique issues attorneys and nonprofit boards need to know. The session will provide advice on how to avoid common missteps, and will cover topics such as: federal and state laws affecting nonprofits, solicitation language, disclosures, donor intent laws, nonprofit tax law basics, 990s, private inurement, mission-related activities, conflicts of interest, commercial co-ventures, professional fundraisers, privacy, sponsorships versus endorsements, donation matches versus donation challenges, and more.

12-09: Open Source Fundamentals & Contemporary Issues

Jeffrey Kaufman, Open Source IP Counsel, Red Hat, Inc

This session will cover the basics of copyleft and non-copyleft licenses; the reach of the General Public License (GPL); securing your IP when developing with Open Source licensed software; and GPL in the world of software containers.

12-10: Scaling Failure (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, and blame. 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.

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