Register at www.law.unc.edu/cle
Festival
Legal Learning
of
Sponsored by UNC School of Law
February 12-13, 2016
William and Ida Friday Center
Chapel Hill, North Carolina
About the Program
The Festival of Legal Learning is a convenient, affordable and enjoyable way to satisfy your CLE
requirements. Designed to build basics, sharpen skills, provide perspectives and highlight new
developments in the field of law, Festival offers more than 100 sessions in just a day-and-a-half.
This diverse program also lets you customize your learning and choose the courses most related to
your needs. And, the depth of programming and the time-intensive format offers you 12 hours of
CLE credit within this concise day-and–a-half event. The quality of the courses you select is ensured.
Your instructors are recognized experts in their fields and include professors from Carolina Law,
UNC School of Government and UNC School of Social Work, as well as distinguished guest faculty.
The Festival of Legal Learning will once again be held at the William and Ida Friday Continuing
Education Center, a beautiful facility designed especially for continuing education programs. The
Friday Center has ample parking and meeting space, as well as areas for informal conversation and
quiet study for conference participants.
FRIDAY, FEBRUARY 12
7:30 a.m.
7:30 a.m. - 8:00 a.m.
8:00 a.m. - 9:00 a.m.
9:10 a.m. - 10:10 a.m.
10:20 a.m. - 11:20 a.m.
11:30 a.m. - 12:30 p.m.
12:30 p.m. - 1:30 p.m.
Registration Desk Opens
Continental Breakfast
Session One
Session Two
Session Three
Session Four
Lunch
A lunch buffet provided by the Friday Center is available for $25.
Please sign up for the buffet on your registration form. Buffet lunch
reservations must be made with the Office of CLE.
1:30 p.m. - 2:30 p.m.
2:40 p.m. - 3:40 p.m.
3:50 p.m. - 4:50 p.m.
5:00 p.m. - 6:00 p.m.
Session Five
Session Six
Session Seven
Session Eight
How to use this guide: read the course listings. On the
registration form at the end, mark your first choice by
placing a “1” on the appropriate line and in case your first
choice is sold out, indicate a second choice by placing a “2”
in a second program offered at the same time. If you choose to
skip a session, please cross out or mark through that session to
denote that you will not be attending a class during that session.
All courses are for one-hour general CLE credit, unless otherwise
indicated. You can also visit our website and register online.
Please join us on February
12-13 for the 26th Annual
Sponsored by UNC School of Law
SATURDAY, FEBRUARY 13
7:30 a.m.
7:30 a.m. - 8:00 a.m.
8:00 a.m. - 9:00 a.m.
9:10 a.m. - 10:10 a.m.
10:20 a.m. -11:20 a.m.
11:30 a.m. - 12:30 p.m.
Registration Desk Opens
Continental Breakfast
Session One
Session Two
Session Three
Session Four
Register at www.law.unc.edu/cle
Friday
Session 1: 8:00 a.m. - 9:00 a.m.
1-1. An Introduction to Profits Interests
Kimberly Q. Swintosky, Smith Anderson Blount Dorsett Mitchell & Jernigan
This session explores "profits interests", a special kind of equity
compensation used by LLCs (taxed as partnerships) - definition and uses of
profits interests - how profits interests are taxed - how profits interests
compare to other forms of equity compensation - the pros and cons of
using profits interests
1-2. Human Rights Law
Deborah M. Weissman, Reef C. Ivey II Distinguished Professor of Law, UNC School
of Law
1-7. Storms & Hurricanes, Oh My!
Norma R. Houston, Albert and Gladys Coates Term Distinguished Lecturer for
Teaching Excellence, UNC School of Government
This session will review key principles and legal considerations relating to
emergency preparedness. In addition, the session will provide an overview
of legal issues relating to recovery from natural disasters.
1-8. The Shape of the Coast: Coastal & Marine
Science: How to Engage with Expert Witnesses
Richard K. Spruill, Associate Professor, East Carolina University
This session will focus on lessons impacting ethics and professionalism,
drawn from recent books written by or about lawyers.
Litigating cases that involve the development and use of coastal resources
often requires working with expert witnesses, particularly with scientists.
Whether you are gathering evidence, deposing witnesses, or questioning
witnesses on the stand, attorneys need to have an understanding of the
science themselves in order to most effectively represent their clients in
coastal cases. This session will focus on how attorneys in coastal cases can
best work together with expert witnesses in case that involves coastal and
marine science. Participants will hear from a well-known coastal scientist
and consultant that often work as expert witnesses on how to effectively
utilize the science and the knowledge of expert witnesses in their work.
1-4. Online Access to the Law: Reliability, Access and
Reuse of State Legal Materials
1-9. Think Your Worker is an Independent Contractor?
Think Again
This session will provide an introduction to the international and regional
human rights framework, including an overview of how international
human rights norms may be applied to legal issues in the United States. It
will review litigation and non-litigation strategies and consider how
attorneys can engage with human rights law.
1-3. Lawyers & Professionalism (PR)
D.G. Martin, Attorney and Host, UNC TV’s NC Bookwatch
David R. Hansen, Clinical Assistant Professor of Law and Assistant Director for
Research and Instruction, 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
Patricia W. Goodson, Telesis Corporation, Inc.
I will address the recent memorandum issued by the U.S. Department of
Labor clarifying the line between independent contractors and employees.
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).
1-5. Recent Developments in Internet Law
David W. Sar and Marcus W. Trathen, Brooks Pierce McLendon Humphrey &
Leonard
The law struggles to keep pace with developments in Internet technology
and online business models. This session will review the most significant
recent developments in Internet law, including online video, privacy, data
security, trademarks, copyright and cyberliability. This session is relevant
to general counsel, litigators and transactional lawyers.
1-6. Scams & Identity Theft
Caroline Farmer, Deputy Director of Victims and Citizens Section, NC Attorney
General's Office
Discussion includes current scam trends especially those affecting older
adults. Topics covered will include online scams, phone scams, identity
theft, and financial exploitation of older adults. Learn reporting
requirements and techniques to assist clients who are independent yet
vulnerable.
PR = Professional responsibility Credit
SA/MH = Substance Abuse / mental health Credit
Friday
Session 2: 9:10 a.m. - 10:10 a.m.
2-1. A Toolbox for Domestic Violence Practitioners:
Dynamics & Legal Remedies [1 of 3]
Sherry Honeycutt Everett, Everett and Everett Attorneys at Law and Adjunct
Assistant Professor, UNC School of Law and Beth Froehling, Director, Student Life
and Pro Bono Opportunities, Campbell University Law School
This section will include an overview of the dynamics and prevalence of
domestic violence in North Carolina. In addition, civil and criminal legal
remedies will be covered, including domestic violence protective orders,
civil no-contact orders, workplace violence protective orders, address
confidentiality programs, landlord/tenant protections, and criminal
prosecution. Local, state, and national resources will also be shared with
participants.
"Toolbox for Domestic Violence Practitioners" is a three-hour course that begins
in Session 2 and ends with Session 4. Participants are encouraged to attend all
sessions.
2-2. Consumer Protection Under the NC RISA
Mallam J. Maynard, Executive Director, Financial Protection Law Center
A broad variety of consumer credit-sale transactions that are critical to
the economic survival of consumers and their families are subject to
frequently overlooked protections and remedies set forth in N.C. Gen.
Stat. § 25A, et seq. This presentation will provide an overview of claims
and defenses arising under NC’s RISA together with sample pleadings
and briefing of pertinent issues.
2-3. Introduction to Immigration Law
Catherine Y. Kim, Assistant Professor of Law, UNC School of Law
This session provides a basic introduction to immigration law, focusing on
categories for admission and examining the federal agencies responsible
for dispersing immigration benefits. It is intended for attorneys who do
not currently practice immigration law.
2-4. Labor & Employment Law: National Roundup
Jeffrey M. Hirsch, Associate Dean for Academic Affairs and Geneva Yeargan Rand
Distinguished Professor of Law, UNC School of Law
This session will examine some of the last year's most significant labor
and employment cases, with a focus on national trends.
2-5. National Overview: State Medicaid Expansion
Legislation & Section 1115 Waiver Implementation
Under the ACA
Adam G. Searing, Georgetown University McCourt School of Public Policy Center for
Children and Families
Learn how states around the country are implementing (or not) Medicaid
expansions for low-income adults under the federal Affordable Care Act
(ACA). We will review current state legislative and state executive branch
actions in response to the Medicaid provisions of the ACA including
Section 1115 waiver requests where states are asking the federal
government to allow significant changes to their Medicaid programs for
newly eligible enrollees. We will also examine some of the research
regarding effects on health care providers of the ACA and state Medicaid
expansion decisions.
2-6. Problems & Solutions: Disparities in NC's Public
Education and Juvenile Justice Systems:
Barbara A. Fedders, Clinical Associate Professor of Law, UNC School of Law
This session will provide data on racial and ethnic disparities in the state's
public education and juvenile justice system. We will discuss strategies
for lawyers and concerned advocates to use to create fairer and more
equitable systems for youth.
2-7. Recent Developments in Family Law
K. Edward Greene, Wyrick Robbins Yates & Ponton
Review of the North Carolina family law appellate cases filed within the
last 12 months.
2-8. The Shape of the Coast: Public Trust Beaches
and Private Property Rights: A Look at Recent
NC Cases and Their Potential Implications
Brian E. Edes, Crossley McInstosh & Collier
The complex legal landscape surrounding the issues of public trust rights
to beach access and private property rights has been the subject of recent
litigation in North Carolina. Questions abound regarding terminology,
customary rights of use, beach nourishment easements, and how to
balance all of these with private property rights has resulted in
disagreements between coastal local governments and property owners.
This session will provide an overview of recent and current litigation and
their potential implications for coastal local governments and beach users.
2-9. View from the Courthouse (PR)
R. Allen Baddour, Jr., Resident Superior Court Judge, District 15B and
Ripley E. Rand, U.S. Attorney, Middle District of NC
Join us for a trip around the courthouse, using humorous scenarios to
address issues of ethics and professionalism.
Friday
Session 3: 10:20 a.m. - 11:20 a.m.
3-1. A Toolbox for Domestic Violence Practitioners:
Dynamics & Legal Remedies [2 of 3]
Sherry Honeycutt Everett, Everett and Everett Attorneys at Law and Adjunct
Assistant Professor, UNC School of Law and Beth Froehling, Director, Student Life
and Pro Bono Opportunities, Campbell Law School
Practitioners must stay abreast of the changing circumstances within the
domestic violence field. This section will include a summary of legislative
changes to laws related to domestic violence in North Carolina during
thelast two legislative sessions. The presenters will explain how recent
legislation has impacted this area of practice so that attorneys are up-todate on the most current statutory remedies available to assist their
clients. Additionally, the presenter will discuss appellate decisions from
the previous two years and identify how the recent appellate decisions
have transformed domestic violence law and how these transformations
affect the day-to-day practice of domestic violence lawyers.
“Toolbox for Domestic Violence Practitioners" is a three-hour course that
begins in Session 2 and ends with Session 4. Participants are
encouraged to attend all sessions.
3-2. Hobby Lobby and the Future of Religious
Exemptions
William P. Marshall, William Rand Kenan, Jr. Distinguished Professor of Law,
UNC School of Law
In 2014 the Supreme Court in Burwell v. Hobby Lobby held that a federal
statute, the Religious Freedom Restoration Act (RFRA), entitled a forprofit employer to an exemption from the contraceptive mandate
provisions of the Affordable Care Act. This term the Court will revisit the
scope of RFRA in Zubik v. Burwell and Priests for Life v. Burwell. This
session will examine Hobby Lobby and it implications for future claims
for religious exemption.
3-3. Federal White Collar Crime: DOJ and
Regulatory Trends
Anne M. Tompkins, Cadwalader, Wickersham & Taft
As the Obama Administration enters the home stretch, this session will
explore white-collar criminal enforcement trends in the Department of
Justice, the SEC, the CTFC and the CFPB over the past years, what to
expect for the next year, and what enforcement trends may survive into
the next administration.
3-4. FDA Down on the Farm: New Regulations
Under the Food Safety Modernization Act
Roland McReynolds, Executive Director, Carolina Farm Stewardship Association
The Food & Drug Administration (FDA) has published final rules that
dramatically change the food safety regime for fruits, vegetables, animal
feed and most processed foods. Firms have as little as six months to come
into compliance. Learn who is affected and what farms and food makers
must do to respond.
3-5. Medical Child Abuse: Protecting the Child or
Violating Parents' Rights
Maxine Eichner, Reef C. Ivey II Professor of Law, UNC School of Law
The session would focus on the increasing number of charges of medical
child abuse being leveled at parents in abuse proceedings, custody
claims, and in criminal trials. The evolution of these charges from
claims of Munchausen's Syndrome by Proxy to Medical Child Abuse,
the problems associated with using medical diagnoses of medical child
abuse to prove these charges, and the conflict between these charges
and parents' constitutional rights to make health care decisions for their
children will
be considered.
3-6. NC General Assembly for Lawyers Who Don't
Practice There
Ed Turlington, Brooks Pierce McLendon Humphrey & Leonard and
Joseph H. Lanier, Troutman Sanders
This session will provide details about actions taken at the North
Carolina General Assembly during the 2015 Session that are relevant to
attorneys in a variety of practice areas. It will include details about how
attorneys can access the subject matter presented and is intended to
provide up-to-date content. In addition, topics being considered by
Legislators between sessions will be noted given that some of them may
be considered during the 2016 Session.
3-7. Rights of Publicity & Student-Athletes
Kenneth B. Hammer, Toshiba Global Commerce Solutions, Inc. and Barbara J.
Osborne, Associate Professor, UNC Department of Exercise & Sport Science
The billions of dollars flowing through the NCAA and college athletics
programs have drawn scrutiny regarding the commercialism in college
sport and criticism of the intercollegiate athletics amateur model. The
consolidated Ii re NCAA Student-Athlete Likeness Litigation and
O'Bannon cases raise the issue of fairness in using student-athletes'
name, image and likeness without additional compensation. This
presentation provides a history of the right of publicity, and examines
potential student-athlete rights related to merchandising, fantasy
sports, videogames, and broadcasting.
3-8. The Shape of the Coast: What's Ahead for
North Carolina Coastal Policy?
Neal W. Andrew, Vice Chair, NC Coastal Resources Commission
This session will discuss the NC Coastal Resources Commission’s recent
and ongoing work on oceanfront setbacks, stabilization measures such as
sandbags, and estuarine shoreline stabilization. The CRC vice chair also
will address topics that the commission is currently considering,
including inlet hazard areas, sea level rise study update, and a more
comprehensive approach to how manage our beaches and inlets.
3-9. You're Not from Around Here, Are You:
Professional Interactions with Unknown
Attorneys (PR)
Todd Collins, Associate Professor of Political Science and Director of the Public
Policy Institute, Western Carolina University
Attorneys that interact frequently often build trusting relationships that
produce beneficial negotiations. However, this all changes when an
attorney interacts with an unknown or “outsider” attorney. Based on a
recently conducted survey of North Carolina attorneys, this session will
explore attorney trust levels, interactions between unknown lawyers, and
treatment from judges and court staff.
Friday
Session 4: 11:30 a.m. - 12:30 p.m.
4-1. A Toolbox for Domestic Violence Practitioners:
Intersections Between Criminal & Civil Law [3 of 3]
Amily McCool, Systems Advocacy Coordinator, NC Coalition Against Domestic Violence
In order to most effectively represent survivors in civil restraining orders,
the practitioner should have a basic understanding of the criminal justice
system (CJS) and how to utilize it in representing survivors of domestic
violence. This session will cover the basics of the criminal justice process,
practical tips for navigating the CJS, as well as tools for collaborating with
the District Attorney's Office and Law Enforcement.
“Toolbox for Domestic Violence Practitioners" is a three-hour course that
begins in Session 2 and ends with Session 4. Participants are encouraged
to attend all sessions.
4-2. Band 101: Basics of Starting a Band
Coe W. Ramsey, Brooks Pierce McLendon Humphrey & Leonard
This session covers legal matters related to forming and operating a band
including songwriting, copyrighting, publishing, entity formation, liability
protection, band name ownership, and other music-related legal issues.
4-3. Cybersecurity for Lawyers: The Law and Science
of Hacking and Data Breach
Joseph E. Kennedy, Professor of Law, UNC School of Law
After providing a lay-person-friendly introduction to the computer science
of hacking and the internet, this program covers the basics of the law of
cybersecurity. This overview will cover the Computer Fraud and Abuse Act,
the NIST standards, and the relevant provisions of the HIPPA, the Gramm
Leach Bliley Act, FTC regulations and select state statutes. The recent
European Court of Justice’s decision invalidating the Safe Harbor
provisions of European data protection law and the Cyber Information
Sharing act will be touched upon as well. General principles for the
protection of cyberdata and for responding to data breaches will also be
discussed.
4-4. Deception in Negotiation: Rule 4.1 (PR)
Samuel S. Jackson, Adjunct Professor of Law, UNC School of Law and
Dr. Elliot M. Silverstein, Clinical Professor of Psychiatry and Director of Psychological
Services, Child Outpatient Clinic, UNC Department of Psychiatry and Adjunct Professor
of Law, UNC School of Law
In and interactive program, the presenters will explore the standards for
honesty (or lack thereof) according to Rule 4.1 of the NC State Bar Rules of
Professional Conduct. We will also discuss what should be communicated
to clients about the progress of a negotiation.
4-5. Lawyers of Sound Mind (MH/SA)
Melody Moezzi, Writer, Activist, Attorney and Award-winning Author of “Haldol
and Hyacinths: A Bipolar Life”
Have you ever considered the realities faced by lawyers who suffer from
serious forms of mental illness? Come to learn more about the isolation
that bi-polar disorder and other forms of serious mental illness can cause,
and how lawyers can better prepare to support each other in times of need.
4-6. Pearls of Wisdom from the NC Office of
Administrative Hearings
Fred G. Morrison, Jr., Senior Administrative Law Judge, NC Office of
Administrative Hearings
This session will explore the 30-year history of the NC Office of
Administrative Hearings (OAH). The presenter, who has been there
from the beginning, will discuss jurisdiction, venue, significant ALJ
decisions, legislative changes, and judicial review procedures and
opinions.
4-7. The End of the Road for the Map Act?
Matthew H. Bryant, Hendrick Bryant Nerhood Sanders & Otis and Jon Guze,
Director of Legal Studies, The John Locke Foundation
This session will focus on Kirby v. NCDOT and its implications. Topics
covered will include: the history and impact of the Map Act; the N.C.
Court of Appeals' decision in favor of the landowners; the issues raised
by the Department of Transportation (DOT) on appeal; and what the
Supreme Court's resolution of the case will mean for property rights and
transportation planning in our State.
4-8. The Shape of the Coast: Federal and State
Coastal Case Law Update
Merrie Jo Alcoke, Ward and Smith and Todd S. Roessler, Kilpatrick Townsend &
Stockton
The presenters will discuss recent federal and state cases, statutes,
regulations, and litigation that will impact activities on North Carolina’s
coastal lands and coastal and ocean waters.
4-9. The Texas Inclusive Communities Case and the
Future of Disparate Impact
Mark E. Dorosin, Managing Attorney, Center for Civil Rights and Elizabeth M.
Haddix, Senior Staff Attorney, Center for Civil Rights, UNC School of Law
This presentation will look at the history and development of the Fair
Housing Act, the Court's recent decision in Texas Department of Housing
and Community Affairs v. The Inclusive Communities Project, Inc. and
the future of litigation and advocacy under the disparate impact model of
proving discrimination.
Friday
Session 5: 1:30 p.m. - 2:30 p.m.
5-1. Don't Fear the Audit! Help Your Clients Find
and Correct Errors in 401(k) Plans
Beth Yount Grimes, Moore & Van Allen and Adjunct Professor, UNC School of Law
This session will help you help your clients! We will explore the 401(k)
Plan correction programs available from the IRS and the DOL. Walk away
with a basic road map that will allow your clients to correct mistakes and
oversights that are bound to happen when dealing with 401(k) Plans.
5-2. Fringe Benefits: Taxing Google's Free Lunch
Kathleen DeLaney Thomas, Assistant Professor of Law, UNC School of Law
This session will explore the federal income taxation of fringe benefits in
the modern era. After a discussion of emerging trends in workplace perks
at Silicon Valley companies and beyond, it will consider how current tax
laws apply to these perks and discuss possible reform measures.
5-3. Hot Topics in Health Law & Policy
Dean M. Harris, Clinical Associate Professor, Department of Health Policy and
Management, UNC Gillings School of Global Public Health; Joan H. Krause,
Associate Dean for Faculty Development and Dan K. Moore Distinguished Professor
of Law, UNC School of Law and Richard S. Saver, Arch T. Allen Distinguished
Professor of Law, UNC School of Law
This session will explore current hot topics in health law and policy.
Subjects covered may include: new developments in implementation of the
Affordable Care Act and health care reform; regulation of health care fraud
and abuse; and the new proposed regulations covering human subject
research.
5-4. Introduction to Executive Compensation
Timothy R. Ferguson, T.R. Ferguson, PLLC
This session is a brief introduction and overview of executive compensation
options and regulations, with a significant focus on equity-based
compensation and securities and tax law considerations. Topics covered
will include securities laws exemptions, Internal Revenue Code sections
83, 162m, 280G, 409A, and 4999, Sarbanes-Oxley, and Dodd-Frank.
Attendees will gain an understanding of different types of executive
incentive programs and types of equity-based compensation, including
long-term incentive plans, top-hat plans, stock options (ISO and NSO),
restricted stock awards, restricted stock units, stock appreciation rights,
etc., as well as some of the controversies surrounding executive pay.
5-5. Litigating with the State on Constitutional Issues
Jim W. Phillips, Jr., Brooks Pierce McLendon Humphrey & Leonard
This session will discuss recent litigation challenging the constitutionality
of statutes enacted by the NC General Assembly taking or altering the
powers of local governments or governmental bodies in North Carolina.
5-6. Occupational Licensing in a New Era:
NC Dental Board v. FTC
Judith Welch Wegner, Burton Craige Professor of Law, UNC School of Law
This session will consider the U.S. Supreme Court's decision in
NC Dental Board v. FTC (February 2015), a case with major implications
for occupational licensing and the operation of regulatory entities such
as the State Bar. It will review nationwide changes since this decision
and possible solutions to related dilemmas.
5-7. Poverty & Access to the Civil Justice System in NC
Gene R. Nichol, Boyd Tinsley Distinguished Professor of Law and Director, Center
on Poverty, Work & Opportunity, UNC School of Law
Nichol will examine the relationship between poverty and economic
distress in North Carolina and the constitutional demands of equal
protection and due process of law. The session will consider unmet legal
need in our state, recent federal and state cuts to legal aid budgets, and
the attention paid to access to justice issues by the bench, bar, and law
schools. He concludes that the denial of access to our civil justice system
for low income Tar Heels is our largest legal challenge.
5-8. 12-Step Programs: Strengths and Limitations
(MH/SA)
L. Aylett Colston, Hutchison Law
A variety of steps may be taken by attorneys and others in order to address
identified substance abuse problems. For many people, 12-step programs
such as Alcoholics Anonymous or Narcotics Anonymous can prove a useful
tool. Come join an attorney and representatives from Alcoholics
Anonymous to gain basic information about recovery and about what AA
is and is not.
5-9. What's Trending in Class Action Litigation
Anthony T. Lathrop, Moore & Van Allen
Over the last several years, companies and plaintiffs alike have been
pushing to clarify the boundaries of class action litigation. This session will
explore recent developments in federal and state class action law, including
U.S. Supreme Court decisions, key issues under consideration by the High
Court, and evolving legislative and rule-based proposals to revise class
action procedure.
Friday
Session 6: 2:40 p.m. - 3:40 p.m.
6-1. Civil Rights Claimants and other Special
Creditors in Municipal Bankruptcy
Melissa B. Jacoby, Graham Kenan Professor of Law, UNC School of Law
When a city goes bankrupt, commentators focus on the impact on
bondholders, pensions, and employee benefits because they typically are
the largest creditors in dollar amount. But how does bankruptcy affect
people with other kinds of claims against the city, such as lawsuits alleging
police misconduct? There now is court authority for the proposition that
through municipal bankruptcy, cities can be relieved of at least their direct
liability for police misconduct, and possibly an obligation to indemnify
officers as well. This session will review the limited but highly significant
law in this uncertain area at the intersection of bankruptcy and civil rights.
It also will discuss ways the procedural and substantive protection of these
claimants and other special claimants could be increased, even under
current law.
6-2. Improving Diversity on Corporate Boards of
Directors
Lissa L. Broome, Wells Fargo Professor of Banking Law and Director of the Center
for Banking and Finance, UNC School of Law
This session will review the most recent data from the 2015 Census of
NC Public Company Board Diversity conducted by the Director Diversity
Initiative at the School of Law and compare the data with that from prior
years. The value of board diversity and strategies for improving diversity
will also be explored.
6-3. Just Enough to be Dangerous: Employment
Law for Non-Employment Lawyers [1 of 2]
Nicole A. Crawford, Brooks Pierce McLendon Humphrey & Leonard
This session will give non-employment practitioners an overview of
hot topics and legal updates in the field, including: identifying and
understanding disabilities in the workplace and reasonable
accommodations, identifying hostile work environment claims, current
wage and hour developments (including equal pay), and the relevance
of the National Labor Relations Board to non-unionized employees and
employers.
“Just Enough to be Dangerous" is a two-hour course that begins in
Session 6 and ends with Session 7. Participants are encouraged to
attend all sessions.
6-4. Leadership & Professionalism (PR)
John B. Kasprzak, Assistant Dean for Student Services and Sylvia K. Novinsky,
Assistant Dean for Public Service Programs, UNC School of Law
Lawyers are often placed into leadership positions at work and in the
community. Unfortunately, traditional law school courses do not prepare
lawyers to easily succeed in senior leadership roles. Based on the School
of Law’s Leadership Development Program, in this session presenter will
explore its application in your practice, review practical leadership skills,
and how to mentor others to do the same.
6-5. Medical Malpractice: Emerging Trends
Dan J. McLamb Yates McLamb & Weyher
This session will provide an update regarding emerging trends evident in
connection with medical malpractice litigation and other forms of dispute
resolution applicable in this context.
6-6. NC Business Court: Year in Review
Benjamin R. Norman and Jennifer K. Van Zant, Brooks Pierce McLendon Humphrey
& Leonard
This session will review important decisions decided in 2015 by the NC
Business Court, insight on practice pointers, and an update on changes
that have occurred.
6-7. Reaping Resilience (PR)
Kimberly C. Bishop, Clinical Assistant Professor of Law and Alexa Z. Chew,
Clinical Assistant Professor of Law, UNC School of Law
All lawyers will make mistakes, and these mistakes, even small
praiseworthy ones, are often viewed as failures. Fear of failure – big or
small – can demotivate or paralyze particularly new lawyers. But, as the
research of Carol Dweck, Angela Duckworth, and others have shown, a
willingness to embrace failure and to learn from failure are skills, like
any other, that can be mastered. This presentation builds from that
research and explores ways to create an environment in which mistakes
are welcome and ways to mentor new lawyers to help them learn from
their mistakes so that they can be effective and resilient attorneys going
forward.
6-8. Successes of the Innocence Inquiry
Commission in its First Decade
Robert P. Mosteller, J. Dickson Phillips Distinguished Professor of Law, UNC School
of Law
This session will cover aspects of several of the seven cases handled by the
NC Innocence Inquiry Commission since its inception in 2006 in which
nine men were exonerated. It will describe mistakes in the initial
investigation and prosecution that led to the wrongful convictions and
the later developments, including efforts of the commission investigators,
which led to exoneration. Some features of the commission that have
been helpful to its successes will be highlighted.
6-9. Will Strict Liability Become Even Stricter:
Insider Trading Filing Requirements and
Disgorgement of Short-Swing Profits
Andrew Chin, Associate Professor of Law and Thomas Lee Hazen, Cary C. Boshamer
Distinguished Professor of Law, UNC School of Law
Under Section 16 of the U.S. Securities Exchange Act of 1934, a company’s
directors, officers and principal shareholders must file statements with
the SEC reporting their ownership of and transactions in the company’s
equity securities. Section 16(b) provides that these insiders may be held
liable for any short-swing profits resulting from such transactions, and
required to disgorge them to the company. In this program, Professor
Hazen will provide an overview of Section 16’s filing and liability
provisions, and Professor Chin will report on recent developments that
may affect the longstanding “lowest-in, highest-out” rule for calculating
short-swingliability under Section 16(b).
Friday
Session 7: 3:50 p.m. - 4:50 p.m.
7-1. Affordable Housing and Community
Development: Policy & Practice
David Godschalk, General Counsel, Telesis Corporation, Inc.
This session addresses the evolution and current state of the affordable
housing and community development law, policy, and practice in the
U.S., with an emphasis on recent developments including the Rental
Assistance Demonstration (RAD) program and fair housing.
7-2. Death & (Estate) Taxes [1 of 2]
Christina Hinkle and Beth Tillman, Tillman Hinkle & Whichard
This two-hour course is appropriate for the beginning estate planner or
the general practitioner who includes will drafting in their practice. We
will cover the major developments in estate planning in the last fifteen
years. Some of the topics covered will include the current federal estate
tax, the elective share for spouses, beneficiary designations for
retirement and life insurance, and the role of trusts in estate planning.
We will also review the nuts and bolts of the initial client meeting and the
signing process.
"Death and (Estate) Taxes" is a two-hour course that begins in Session
7 and ends with Session 8. Participants are encouraged to attend all
sessions.
7-3. Just Enough to be Dangerous: Employment
Law for Non-Employment Lawyers [2 of 2]
Nicole A. Crawford, Brooks Pierce McLendon Humphrey & Leonard
"Just Enough to be Dangerous" is a two-hour course that begins in
Session 6 and ends with Session 7. Participants are encouraged to attend
all sessions. Please see the session description in Session 6.
7-4. Lawyers Firms and the Rules of Professional
Responsibility (PR)
Peter G. Glenn, Stevens & Lee and Professor of Experiential Learning, The Penn
State Dickinson School of Law
The Rules of Professional Conduct are literally directed to individual
lawyers rather than law firms. The question to be explored is the ways in
which the Rules, together with state and federal statutes, both indirectly
and directly regulate law firms as entities.
7-5. Overview of Corporate Compliance & Ethics (PR)
Timothy R. Ferguson, T.R. Ferguson, PLLC
A brief introduction and overview of best practices and hot trends in
corporate compliance and ethics, including relevant regulations, the U.S.
Sentencing Commission Guidelines, elements of an effective compliance
and ethics program, codes of conduct and ethics, whistleblowers, and
third-party/vendor compliance. Attendees will gain an appreciation of
emerging risk areas and rising regulatory expectations.
7-6. Preventing Attorney Suicide (MH/SA)
Jodon Anne (Jodi) Flick, Clinical Assistant Professor, Jordan Institute for Families,
UNC School of Social Work
An unfortunately high proportion of attorneys contemplate or die from
suicide. Is it possible to prevent such tragedies? How can colleagues
respond helpfully to peers, families and communities in the aftermath?
Come to learn about emerging best practices from a social work professor
who is an expert in this important area.
7-7. Swords & Shields: Overview of Current Topics
in Public Company Merger Litigation
Clifton L. Brinson and Donald H. Tucker, Jr., Smith Anderson Blount Dorsett
Mitchell & Jernigan
Shareholder litigation is a virtual given whenever a merger or acquisition
involving a public company is announced. This session outlines common
claims in merger litigation, provides an overview of typical offensive and
defensive strategies, and explores other topics of current interest. The
discussion will include use of bylaws to control risk related to shareholder
litigation, including forum-selection and fee-shifting bylaws; developing
trends related to "disclosure-only" settlements; and issues relating to the
award of fees to plaintiff's counsel.
7-8. The Past is Never Dead: Magna Carta in NC
John V. Orth, William Rand Kenan, Jr. Professor of Law, UNC School of Law
For the 800th anniversary of Magna Carta, this presentation examines
the impact of that 13th century document in North Carolina. Two sections
are included in the state constitution, and Magna Carta has been cited by
the state supreme court more than 100 times, stretching from the 18th to
the 21st centuries. The presentation will contrast historical scholarship on
Magna Carta with the legal tradition, and consider Magna Carta's
continued relevance.
7-9. Use of Collaborative Practices in the Resolution
of Business Disputes
John L. Sarratt, Harris Sarratt & Hodges
Collaborative practices have become reasonably well known in the context
of family law practice. Can such practices be applied elsewhere, such as in
resolving business disputes? Come to learn about emerging developments
that may hold promise for effective dispute resolution in business and
other arenas.
Friday
Session 8: 5:00 p.m. - 6:00 p.m.
8-1. An Introduction to Venture Finance
John F. Coyle, Assistant Professor of Law, UNC School of Law
This session discusses the process by which newly-formed companies r
aise capital from angel investors, venture capitalists, and other investors.
8-2. Death & (Estate) Taxes [2 of 2]
Christina Hinkle and Beth Tillman, Tillman Hinkle & Whichard
"Death and (Estate) Taxes" is a two-hour course that begins in Session
7 and ends with Session 8. Participants are encouraged to attend all
sessions. Please see the session description in Session 7.
8-3. Food & Agriculture Law Update
S. Chris Saunders, Jr., Staff Attorney, Research Division, NC General Assembly
This session provides an overview of legislative developments in the areas
of food and agriculture law from the 2015 session of the NC General
Assembly and issues from around the country, including an update on the
FDA's Food Safety Modernization Act final rules.
8-7. Recent Developments: Dodd-Frank &
Sarbanes-Oxley Whistleblower Law
Nicole A. Crawford and David D. Smyth, Brooks Pierce McLendon Humphrey &
Leonard
This session will address the whistleblower provisions under the
Dodd-Frank Act of 2010 and Sarbanes-Oxley Act of 2002, the historical
background of the Dodd-Frank provisions, and recent cases applying
and interpreting those provisions. We will also discuss how companies
can respond to these laws with minimal disruptions to their work.
8-8. Updates for the FCPA and Other AntiCorruption Enforcement Abroad
Karen A. Popp, Global Chair of White Collar, Sidley Austin
8-4. Ethics Issues in Pro Bono Work (PR)
This session will discuss the latest developments in FCPA enforcement in
the U.S., including ramifications from recent DOJ/SEC announcements,
settlements, cases and ongoing investigations. The session will also
address the changing landscape of anti-corruption enforcement in other
parts of the world (e.g., China and South America).
This session is designed to acclimate attorneys to the types of ethical issues
that typically arise in Pro Bono cases as well as student-assisted pro bono
projects.
pr
8-9. Writing Through the Transition: Helping New
Legal Writers Excel in the Workplace
Jon P. McClanahan, Clinical Associate Professor and Director of Academic Success and
Sylvia K. Novinsky, Assistant Dean for Public Service Programs, UNC School of Law
8-5. Hot Topics in Criminal Law
Alyson A. Grine, Defender Educator, UNC School of Government
This session will cover recent criminal law decisions issued by the North
Carolina appellate courts and U.S. Supreme Court and highlights
significant criminal law legislation enacted by the NC General Assembly.
The presenter will discuss a wide range of issues affecting felony and
misdemeanor cases in the North Carolina state courts.
8-6. My Business Associate Filed Bankruptcy! What
Do I Need to Know? A Primer for the Business
Counselor
Clint S. Morse and John H. Small, Brooks Pierce McLendon Humphrey & Leonard
This session will highlight some of the unique issues that arise when
a business associate files for bankruptcy relief. Business associates
considered include a partner in a general or limited partnership, member
of an LLC, or stockholder in a closely held business. Key issues discussed
will involve the impact on guarantor and primary borrower liability; the
impacts on the ownership, management and control of the business;
enforceability of certain bankruptcy-related clauses in business
agreements; and the transferability of the bankruptcy debtor’s interest
in the business entity.
Alexa Z. Chew, Clinical Assistant Professor of Law and Katie Rose Guest Pryal,
Pryal Consulting, Inc.
Empirical research shows that one of the most challenging tasks for new
lawyers on the job is writing independently. This presentation will provide
both new lawyers and their supervisors with hands-on techniques to help
new legal writers transition from law school to writing in the legal
workplace.
Saturday
Session 9: 8:00 a.m. - 9:00 a.m.
9-1. Environmental Law Symposium I:
NC Updates
Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in
Environmental Law and Director, Center for Law, Environment, Adaptation and
Resources (CLEAR); Maria Savasta-Kennedy, Clinical Professor of Law and
Director, Externship Program and Heather E. Payne, Assistant Director & Fellow,
Center for Law, Environment, Adaptation, and Resources (CLEAR), UNC School of
Law
North Carolina continues to see significant legislative and regulatory
environmental changes relating to everything from offshore energy to
third-party financing of electric generation and wind farms. In this hour,
we will review the most important environmental regulatory and legislative
changes from the past year at the state level and what it means for North
Carolina.
9-2. How Land Use Decisions are Really Made:
Tales from the Trenches
Thomas E. Terrell, Jr., Smith Moore Leatherwood
This presentation features both humorous and frightening stories about
the process that leads to land use approvals and denials. Join us for an
insightful look into the dynamics of the chaos.
9-3. How Much Should You Pay Your Nonprofit
Executive Director?
Robert W. Saunders, Brooks Pierce McLendon Humphrey & Leonard
This session examines the state nonprofit corporate law and federal tax
law issues underlying compensating executive directors for a nonprofit
tax-exempt charitable organization. As nonprofits engage in complex
transactions in a more regulated environment, demand for professional
expertise increases. There will be a focus on the consequences to the
organization and the board of directors for paying excessive compensation
and available procedures designed to minimize its risks.
9-4. Managing a Business’ Privacy Data: A
Critical Foundation for Building & Protecting Value
Alicia A. Gilleskie, Smith Anderson Blount Dorsett Mitchell & Jernigan
Companies across industries are confronting mounting cybersecurity and
data breach threats, making data use, privacy and security a critical risk
area. All companies, even those that don’t include exploitation of data as
an integral part of their business model, come into contact with regulated
personal information -- whether from employees, customers, website users
or business partners. Such data is regulated under a patchwork of laws and
often subject to contractual obligations that can drastically affect business
growth and value. This session will provide an overview of legal and risk
considerations surrounding the collection and maintenance of regulated
data assets, the use and disclosure of such data by a company and its
vendors, and tips for addressing and mitigating risks.
9-5. Overview: Significant Local Government Cases
Gregg F. Schwitzgebel III, Associate General Counsel, NC League of Municipalities
An overview of appellate cases involving local government entities during
the course of the past year.
9-6. Professional Identity: Building a Better Bar
(PR) [1 of 2]
Judith Welch Wegner, Burton Craige Professor of Law, UNC School of Law and
Edward C. Winslow III, Brooks Pierce McLendon Humphrey & Leonard
Lawyers are well-aware of attention historically paid to “ethics” and
“professionalism.” “Professional identity” has become a new buzz-word
in legal education, with efforts underway to help students and young
lawyers engage more deeply with core values in order to enhance their
effectiveness. Come to learn about emerging research and to strategize
about related steps that might be undertaken by law firms and bar groups.
“Building a Better Bar” is a two-hour course that begins in Session 9 and
ends in Session 10. Participants are encouraged to attend all sessions.
9-7. Recent Rulemakings & Enforcement Actions at
the Consumer Financial Protection Bureau
Jeffrey P. Taft, Mayer Brown
This session will highlight important CFPB developments during the past
year, including rulemaking activities (larger participant rule for auto
lenders, narratives for complaint data and TILA/RESPA disclosures) and
enforcement trends (including fair lending and UDAAP). In addition, this
session will discuss potential CFPB rulemaking and enforcement activities
in the coming year.
9-8. Reopening of U.S.-Cuba Relations:
Opportunity for North Carolina Businesses?
Timothy G. Nelson and Randall A. Underwood, Brooks Pierce McLendon
Humphrey & Leonard
Update on recent regulatory and political changes. Overview of U.S. trade
regulations and trade and travel restrictions easing. What does it mean
for NC businesses? What is on the horizon?
9-9. Trial Techniques for Complex Cases
Rachel I. Gurvich, Visiting Clinical Assistant Professor of Law, UNC School of Law
and Cynthia D. Vreeland, Wilmer Cutler Pickering Hale and Dorr
Taught by two patent litigators, this session explores best trial practices
for complex cases – those involving highly technical subject areas,
intricate technology, and/or large volumes of evidence. Learn strategies
for making your case appealing and accessible to the factfinder from the
preparation stage through trial. The session will include tips for preparing
your case to maximize your trial effectiveness and pointers about trial
techniques, including lay and expert witness preparation and
examinations, opening statements, and closing arguments.
Saturday
Session 10: 9:10 a.m. - 10:10 a.m.
10-1. Environmental Law Symposium II:
Environmental Justice
10-6. Professional Identity: Building a Better Bar
(PR) [2 of 2]
Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in
Environmental Law and Director, Center for Law, Environment, Adaptation and
Resources (CLEAR); Maria Savasta-Kennedy, Clinical Professor of Law and
Director, Externship Program, UNC School of Law
Judith Welch Wegner, Burton Craige Professor of Law, UNC School of Law and
Edward C. Winslow III, Brooks Pierce McLendon Humphrey & Leonard
This session will provide an update on environmental justice issues, from
Concentrated Animal Feeding Operations (CAFO) to fracking and coal
ash. North Carolina has seen or will see some significant developments
relating to these topics. In this hour, we will review recent developments
and potential effects of these issues on North Carolina.
10-2. Ethical Constraints on Dealing with
Represented Persons (PR)
Bernard A. Burk, Visiting Professor, Campbell University Law School
ABA Model Rule of Professional Conduct 4.2 (adopted with nonconforming
additions as NC Rule of Professional Conduct 4.2) imposes strict
constraints on how and when lawyers and their investigators may engage
directly with represented persons (or persons associated with represented
companies). Sanctions for violation can be severe and broad-ranging. This
talk explores the myriad situations in which the rule commonly comes into
play.
10-3. Exploring Copyright and Streaming: Cord
Nevers, Cord Shavers, Cord Cutters and Cord
Cheaters
Julia C. Ambrose, Brooks Pierce McLendon Humphrey & Leonard and Wade H.
Hargrove Brooks Pierce McLendon Humphrey & Leonard
We will explore the integration of copyright law and the increasing
consumption of television programming online.
10-4. Immigration Reform & Control Act of 1986:
Implications for the Criminal Defense Practitioner
Maitri (Mike) Klinkosum, Tin Fulton Walker & Owen
This session covers the Immigration Reform & Control Act (IRCA) of
1986 and its potential impact in the defense of undocumented clients.
The intersection between IRCA and the Supremacy Clause of the U.S.
Constitution can have a significant impact on the criminal defense
practitioner's ability to prevent undocumented clients from being
prosecuted, given the right circumstances. Additionally, prosecutors
should be aware of the impact of IRCA and the Supremacy Clause in
determining whether to charge undocumented workers with certain
crimes.
10-5. Legal Writing: Custom Editing Exercises in
Written Feedback
Sara B. Warf, Clinical Assistant Professor of Law, UNC School of Law
This session explores the benefits of providing law students with a
concrete, customized editing exercise within their lengthier written
feedback on legal writing assignments. Specifically, the session will
explore the theory behind such exercises, the methods for developing
them, and the benefits that accrue to both student and professor from
their completion.
“Building a Better Bar” is a two-hour course that begins in Session 9
and ends in Session 10. Participants are encouraged to attend all
sessions. Please see the course description in Session 9.
10-7. South Africa After Apartheid
Thomas A. Kelley III, Paul B. Eaton Professor of Law, UNC School of Law
Democracy and the rule of law stands at a crossroads twenty two years
after apartheid ended and two years after Nelson Mandela died. Are
South Africa’s democratic institution and its progressive constitution
strong enough to resist worrying pressures from political forces that
may curb freedom of expression and judicial independence? The
speaker recently taught for a semester in South Africa and will bring
important fresh insights about these dilemmas.
10-8. Update on Consumer Financial Services
Joseph S. Dowdy and Phillip A. Harris, Jr. Kilpatrick Townsend & Stockton
This session will address recent developments and trends in state and
federal consumer protection laws governing the financial services
industry. The session will provide a brief introduction to the primary
sources of consumer financial services litigation and a discussion of
recent developments in the law, including the NC Debt Collection
Practices Act, Fair Debt Collection Practices Act (FDCPA), Fair Credit
Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA),
and other similar statutes and regulations. We will also present various
strategies and approaches to resolving these matters when they are
presented in civil litigation or as regulatory enforcement actions.
10-9. Academic Entrepreneurship: University
Startups as a Means for Translating University
Research into Value-Creating Enterprises
Don Rose, Director, Carolina KickStart Venture Services, UNC-Chapel Hill
University research provides a rich source of innovation. The
translation of this innovation into high impact products and services
can occur through licensing to established companies or by spinning a
company out of the university. With the increasing emphasis on
innovation and entrepreneurship on university campuses, faculty,
entrepreneurs, and tech transfer offices are becoming more engaged in
entrepreneurial technology commercialization. This lecture provides
an overview of university startups, the role they play in technology
commercialization, and some of the key steps in getting startups
launched, funded, and successful in their mission to create value and
deliver innovative products and services.
Saturday
Session 11: 10:20 a.m. - 11:20 a.m.
11-1. Environmental Law Symposium III:
EPA's Clean Power Plan
11-6. Protecting Car Buyers from Abuses in the
Sale of Add-on Products
Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in
Environmental Law and Director, Center for Law, Environment, Adaptation and
Resources (CLEAR); Maria Savasta-Kennedy, Clinical Professor of Law and
Director, Externship Program, UNC School of Law and Jonas J. Monast, Director,
Climate and Energy Program, Nicholas Institute for Environmental Policy
Solutions, Duke University This hour will explore federal greenhouse gas
John W. Van Alst, National Consumer Law Center
regulation, concentrating on the final version of EPA's Clean Power Plan
rule. We will discuss how the proposed and final rules varied, alreadyfiled and potential legal challenges, and possible effects of the rule on
North Carolina.
11-2. Exploring Collaborative Divorce: Statutory &
Respectful Alternative to Adversarial Divorce
Martha J. Mason, The Law Office of Martha J. Mason
We will explore the now well-established Collaborative Divorce alternative
in North Carolina to the traditional adversarial divorce model. How is
Collaborative Divorce different from litigation, and from mediation,
arbitration, and other alternative dispute models? We will also discuss
the exciting new frontiers for families that Collaborative Divorce offers
in terms of having an interdisciplinary team helping the family transition
into two households in a healthy way.
11-3. Fastcase & Clio: Better Together
Aaron S. Kirschenfeld, Reference & Digital Initiatives Law Librarian, Kathrine R.
Everett Law Library, UNC School of Law
In 2014, Fastcase, the low-cost legal research provider (and NC Bar
Association benefit), announced an integration with Clio, the cloud-based
practice management tool. Learn how to incorporate key features from
both products into your practice.
11-4. Helping Clients Legally Navigate Today's
Social Media World
C. Amanda Martin, Stevens Martin Vaughn & Tadych
In today's economy, every business is in the media business. Whether they
are posting information to websites and tweeting about industry issues or
offering goods and services for sale online, clients need guidance on the
rules of the new media road. This session provides a framework for giving
clients that legal advice.
11-5. Introduction to Mental Health First Aid (MH/SA)
Tara L. Bohley, Clinical Assistant Professor and Program Coordinator, Behavioral
Healthcare Resource Program, UNC School of Social Work
Did you know that mental disorders are more common than heart disease
and cancer combined? One in 4 people in the U.S. will experience a mental
illness or substance use problem this year and 50% will experience one in
their lifetime. Mental Health First Aid is a model for training non-mental
health professionals (including lawyers) to recognize the signs, symptoms
and risk factors for anxiety, depression, psychosis, and substance use
disorders and to initially intervene for the related crisis such as suicidal
behavior and non-suicidal self-injury that could result. This is an
introduction to the evidence-based program shown to reduce the
damaging effects of mental and emotional disorders such as job loss,
relationship issues and drug and alcohol problems.
This session explores abuses often seen in car sales related to the sale of
add-on products such as credit insurance, window etching, rust proofing,
"GAP" insurance, service contracts, and more. Attendees will gain an
understanding of some common abuses, ways policy makers can protect
car buyers, and how consumer attorneys can successfully represent
consumers who have fallen victim to such abuses.
11-7. Recent Developments in Health Care Fraud &
Abuse Law
Sean A. Timmons, Polsinell PC
This session will provide a brief survey of the primary federal health care
fraud and abuse laws, the federal False Claims Act, the Federal Health
Care Program Anti-Kickback Statute, and the Federal Self-Referral
Statute (the "Stark Statute"). In addition, the session will cover recent
case law developments, including an emphasis on the recent Fourth
Circuit decision in U.S. ex rel. Drakeford v. Tuomey.
11-8. Unauthorized Practice of Law in NC: Do the
Statutes Serve their Purpose?
Reid L. Phillips, Brooks Pierce McLendon Humphrey & Leonard
Do the unauthorized practice of law statutes genuinely serve the purpose
for which they were written? Or are they being used by the bar to thwart
competition and frustrate the delivery of legal services to consumers and
small businesses? This presentation will explore recent court cases
challenging the application of the unauthorized practice of law statutes
to the delivery of legal services by non-traditional provides, such as
LegalZoom, trade associations and Internet-based entrepreneurs.
11-9. Workshop: A Master Class in Direct & CrossExamination [1 of 2]
Jonathan E. Broun, Assistant Capital Defender, Office of the Capital Defender and
Kenneth S. Broun, Henry Brandis Professor of Law Emeritus, UNC School of Law
This session will provide participants with an overview of techniques of
direct and cross-examination.
“Master Class in Direct and Cross Examination” is a two-hour course that
begins in Session 11 and ends in Session 12. Participants are encouraged
to attend all sessions. These sessions are repeat from Festival 2015.
Saturday
Session 12: 11:30 a.m. - 12:30 p.m.
12-1. Environmental Law Symposium IV: The Paris
Negotiations/COP 21
12-6. Sticks & Stones: An Update on Recent
Developments in Construction Law
Victor B. Flatt, Thomas F. and Elizabeth Taft Distinguished Professor in
Environmental Law and Director, Center for Law, Environment, Adaptation and
Resources (CLEAR); Maria Savasta-Kennedy, Clinical Professor of Law and
Director, Externship Program, UNC School of Law
R. Harper Heckman, Nexsen Pruet
We will spend this hour looking at the U.N. Climate Change Conference
(COP 21) negotiations and what the international community did - or
did not - accomplish in Paris in December. Part of the hour will be spent
looking at negotiating positions and alliances, and we will conclude with
a discussion of where the world goes from here.
12-2. Ethics in Fee Billing and Collections
(Or How to Lose Your Fee and Your Law License
in One Dumb Gesture) (PR)
Bernard A. Burk, Visiting Professor, Campbell University Law School
Fee disputes are regrettably common in almost every area of practice.
Using hypotheticals drawn from work representing other attorneys and
as a fee arbitrator, this session discusses some common causes of fee
disputes, how to avoid them when you can, and how to manage them
when you cannot. This session is a repeat from Festival 2015.
12-3. “Government Speech" in the Local
Government Context: When Can the City Council
Take Sides?
Frayda S. Bluestein, Associate Dean for Faculty Development and David M.
Lawrence, Distinguished Professor of Public Law and Government, UNC School
of Government
An evolving body of First Amendment case law holds that when the
government speaks (even through license plates), it can choose a
viewpoint. How does this relate to the notion that the government
regulation of expression must be viewpoint neutral, even in a nonpublic
forum? This session will discuss the "government speech" concept as it
applies to local government meetings, websites, social media, and other
forums.
12-4. Primer: Hart-Scott-Rodino & Premerger
Antitrust Approval
Martin H. Brinkley, Dean, UNC School of Law
This session describes the premerger approval process through the lens
of the Hart-Scott-Rodino Antitrust Improvements Act, as well as the
investigations by the Federal Trade Commission and the Antitrust
Division of the U.S. Department of Justice that HSR filings can trigger.
The mechanics of and judgment calls associated with HSR Act filings will
be covered, along with related topics such as "gun jumping" and strategies
for handling investigations from both buyer and seller perspectives.
12-5. Reforming NC's Tax System
William W. Nelson, Smith Anderson Blount Dorsett Mitchell & Jernigan
This session discusses the major overhaul of North Carolina's tax system
that began in 2013 with emphasis on the tax provisions enacted in the 2015
Regular Session of the NC General Assembly and prospects for the future.
This session will examine recent trends and developments in construction
law and their effect on the rights and obligations of owners, contractors,
subcontractors and design professionals.
No prior sessions or construction law background is required.
12-7. Top 10 Tips for Writing Powerfully
Wyatt B. Orsbon, Visiting Clinical Assistant Professor of Law and Craig T. Smith,
Clinical Professor and Assistant Dean for the Writing and Learning Resources
Center, UNC School of Law
The use of straightforward writing techniques can change a weak document
into a strong one. This session will present simple but effective strategies
for making your legal writing compelling and powerful.
12-8. Use of Detector Dogs and Probable Cause
Richard E. Myers II, Henry Brandis Distinguished Professor of Law, UNC School of
Law
The session will explore the use of detector dogs to establish probable
cause to search, consider recent legal challenges to their use and accuracy,
and recent court decisions about when and where they may be deployed.
12-9. Workshop: A Master Class in Direct & CrossExamination [2 of 2]
Jonathan E. Broun, Office of the Capital Defender and Kenneth S. Broun, Henry
Brandis Professor of Law Emeritus, UNC School of Law
“Master Class in Direct and Cross Examination” is a two-hour course that
began in Session 11 and ends in Session 12. Participants are encouraged to
attend all sessions. Please see the course description in Session 11.
These sessions are repeat from Festival 2015.
General Information
register online and Save
Friday lunch
Use this guide to select your classes, have a MasterCard
or Visa ready and go to www.law.unc.edu/cle to start
the registration process. You will have a chance to select
one session per hour per day and at the end of the
process, you will be instantly confirmed. It is that simple!
A buffet-style lunch is provided by the Friday Center
during the lunch break on Friday.The cost is $25 and
lunch reservations must be made by Friday, January 29.
To reserve a space, indicate your desire to attend the
lunch on your registration form. Please note that lunch
break is one hour and alternative lunch options are
available near the Friday Center across Highway 54
at Meadowmont.
Register at www.law.unc.edu/cle
Pay by check or credit card online:
You can choose to register online and opt to pay by check or
credit card.
The Carolina Law Office of CLE will report 12 credits to
the North Carolina State Bar Board of Continuing Legal
Education after the conference. The Festival has been
approved in its entirety.
the Friday Center
Registration Fees*
Cle Credit
Late Registration
Postmarked
between
Feb. 1 - 13
Friday & Saturday
$450
$500
Friday Only
$400
$450
Saturday Only
$300
$350
* Reduced fees are available for judges, full-time academics, JAG,
government, non-profit and legal aid attorneys, who register before
February 1, 2016 ($400 for Friday and Saturday, $350 for Friday and
$250 for Saturday). After January 31, a $50 late fee will apply. All who
qualify for reduced fees are encouraged to apply at www.law.unc.edu/cle.
Note: Employment verification may be required.
The Festival of Legal Learning will be held at the William
and Ida Friday Continuing Education Center, located
approximately three miles east of the UNC-Chapel Hill
campus on Friday Center Drive, just off Highway 54 East
(Raleigh Road). A map and parking information will
accompany your registration confirmation. Messages
for conference attendees can be left during the two days
of the program at (919) 962-3000 or by fax at (919)
962-2061. Please reference the Festival of Legal Learning
when calling or faxing to a conference participant.
Cancellations
Cancellations made on or prior to Friday, January 15,
will be honored and registration fees refunded, less a $75
processing fee. Cancellations made after January 15 may
be subject to additional fees. In fairness to all attendees,
confirmed participants who do not attend their
scheduled program are liable for the entire fee unless
other arrangements have been made with Carolina Law’s
director of continuing legal education.
Inclement Weather
Due to the popularity of Festival and space constraints
within the Friday Center, on-site registration is strongly
discouraged and desired courses are often unavailable.
If you are not able to register by February 11, please call
(919) 962-1679 for an update on remaining seats.
In the event of inclement weather, please refer to
the School of Law’s Web site (www.law.unc.edu) for
information about delays or cancellations. You may
also contact the CLE office at (919) 962-7815 or 962-1679
to learn of any possible delays or cancellations. On the
days of the program, you may contact the Friday Center
directly at (919) 962-3000.
Part I: Registrant Information
YES, please register me for the 26th Annual Festival of Legal Learning.
Please provide the following information (please print):
Mr.
Mrs.
Ms.
Dr.
Judge
I am a graduate of UNC School of Law.
Name
I am not a graduate of UNC School of Law.
Name as you would like it on name tag
I would like to receive CLE credit in North Carolina.
My North Carolina State Bar Number is:
I would like to receive CLE credit in the state of
Firm
My Bar Number* is:
address
City
*.
State
Zip
Daytime Phone
* Out-of-state fees are the responsibility of the attendee.We will provide
you with the out-of-state forms and supporting documentation.
email address
By mail:
General Course Fees
Friday and Saturday
$450
$
Friday Only
$400
$
Saturday Only
$350
$
Course Fees for Judges, Full-Time Academics, JAG,
Legal Aid, Government & Non-profit Attorneys
Friday and Saturday
$400
$
Friday Only
$350
$
Saturday Only
$300
$
Friday Lunch Reservations
Buffet lunch at the Friday Center $25
$
Return the registration form and payment to:
UNC School of Law–Office of CLE
CB #3380 Chapel Hill, NC 27599-3380
Attn: Festival Registration
To register for a course via mail, please indicate your first
choice by placing a “1” on the appropriate line and in case
your first choice is sold out, indicate a second choice by
placing a “2” in a second program offered at the same time.
If you choose to skip a session, please cross out or mark
through that session to denote that you will not be attending
a class during that session. All courses are for one-hour
general CLE credit, unless otherwise indicated.
Pay by check:
Send us, the registration form (Parts I, II and III) and a
check made payable to UNC School of Law–Office of CLE
(please no staples).
Register Online:
Late Registration Fees
$50
$
Total Cost $ $ 0.00
Register at www.law.unc.edu/cle
Pay by check or credit card online:
You can choose to register online and opt to pay by check
or credit card (Visa/MasterCard ONLY).
Part II: Registration Form
Friday, February 12
Session 1 (8:00-9:00 a.m.)
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1.1 An Introduction to Profits Interests
1-2. Human Rights Law
1-3. Lawyers & Professionalism (PR)
1-4. Online Access to the Law: Reliability, Access and Reuse of
State Legal Materials
1-5. Recent Developments in Internet Law
1-6. Scams and Identity Theft
1-7. Storms and Hurricanes, Oh My!
1-8. The Shape of the Coast: Coastal & Marine Science:
How to Engage with Expert Witnesses
1-9. Think Your Worker is an Independent Contractor? Think Again
Session 2 (9:10-10:10 a.m.)
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2-1. A Toolbox for Domestic Violence Practitioners:
Dynamics & Legal Remedies [1 of 3]
2-2. Consumer Protection Under the NC RISA
2-3. Introduction to Immigration Law
2-4. Labor & Employment Law: National Roundup
2-5. National Overview: State Medicaid Expansion Legislation
and Section 1115 Waiver Implementation Under the ACA
2-6. Problems & Solutions: Disparities in NC's Public Education
and Juvenile Justice Systems
2-7. Recent Developments in Family Law
2-8. The Shape of the Coast: Public Trust Beaches and
Private Property Rights
2-9. View from the Courthouse (PR)
Session 3 (10:20-11:20 a.m.)
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3-1. A Toolbox for Domestic Violence Practitioners:
Dynamics & Legal Remedies [2 of 3]
3-2. Hobby Lobby and the Future of Religious Exemptions
3-3. Federal White Collar Crime: DOJ and Regulatory Trends
3-4. FDA Down on the Farm: New Regulations Under the
Food Safety Modernization Act
3-5. Medical Child Abuse: Protecting the Child or Violating
Parents' Rights
3-6. NC General Assembly for Lawyers Who Don't Practice There
3-7. Rights of Publicity & Student-Athletes
3-8. The Shape of the Coast: What's Ahead for NC Coastal Policy?
3-9. You're Not from Around Here, Are You: Professional
Interactions with Unknown Attorneys (PR)
Session 4 (11:30 am-12:30 p.m.)
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4-1. A Toolbox for Domestic Violence Practitioners:
Intersections Between Criminal & Civil Law [3 of 3]
4-2. Band 101: Basics of Starting a Band
4-3. Cybersecurity for Lawyers: The Law and Science
of Hacking and Data Breach
4-4. Deception in Negotiation: Rule 4.1 (PR)
4-5. Lawyers of Sound Mind (MH/SA)
4-6. Pearls of Wisdom from the NC Office of Administrative Hearings
4-7. The End of the Road for the Map Act?
4-8. The Shape of the Coast: Federal and State Coastal Case Law
4-9. The Texas Inclusive Communities Case and the Future of
Disparate Impact
Session 5 (1:30-2:30 p.m.)
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5-1. Don't Fear the Audit! Help Your Clients Find and Correct
Errors in 401(k) Plans
5-2. Fringe Benefits: Taxing Google's Free Lunch
5-3. Hot Topics in Health Law & Policy
5-4. Introduction to Executive Compensation
5-5. Litigating with the State on Constitutional Issues
5-6. Occupational Licensing in a New Era: NC Dental Board v. FTC
5-7. Poverty & Access to the Civil Justice System in NC
5-8. 12-Step Programs: Strengths & Limitations (MH/SA)
5-9. What's Trending in Class Action Litigation
Session 6 (2:40-3:40 p.m.)
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6-1. Civil Rights Claimants and other Special Creditors in
Municipal Bankruptcy
6-2. Improving Diversity on Corporate Boards of Directors
6-3. Just Enough to be Dangerous: Employment Law for
Non-Employment Lawyers [1 of 2]
6-4. Leadership & Professionalism (PR)
6-5. Medical Malpractice: Emerging Trends
6-6. NC Business Court: Year in Review
6-7. Reaping Resilience (PR)
6-8. Successes of the Innocence Inquiry Commission in its
First Decade
6-9. Will Strict Liability Become Even Stricter: Insider Trading
Filing Requirements & Disgorgement of Short-Swing Profits
Session 7 (3:50-4:50 p.m.)
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7-1. Affordable Housing and Community Development:
Policy & Practice
7-2. Death & (Estate) Taxes [1 of 2]
7-3. Just Enough to be Dangerous: Employment Law for
Non-Employment Lawyers [2 of 2]
7-4. Lawyers Firms and the Rules of Professional Responsibility (PR)
7-5. Overview of Corporate Compliance & Ethics (PR)
7-6. Preventing Attorney Suicide (MH/SA)
7-7. Swords & Shields: Overview of Current Topics in Public
Company Merger Litigation
7-8. The Past is Never Dead: Magna Carta in NC
7-9. Use of Collaborative Practices in the Resolution of
Business Disputes
Session 8 (5:00-6:00 p.m.)
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8-1. An Introduction to Venture Finance
8-2. Death & (Estate) Taxes [2 of 2]
8-3. Food & Agriculture Law Update
8-4. Ethics Issues in Pro Bono Work (PR)
8-5. Hot Topics in Criminal Law
8-6. My Business Associate Filed Bankruptcy! What Do I
Need to Know? Primer for the Business Counselor
8-7. Recent Developments: Dodd-Frank & Sarbanes-Oxley
Whistleblower Law
8-8. Updates for the FCPA and Other Anti-Corruption
Enforcement Abroad
8-9. Writing Through the Transition: Helping New Legal Writers
Excel in the Workplace
Part III: Registration Form
Saturday, February 12
Session 9 (8:00-9:00 a.m.)
Session 11 (10:20-11:20 a.m.)
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9-1. Environmental Law Symposium I: NC Updates
9-2. How Land Use Decisions are Really Made:
Tales from the Trenches
9-3. How Much Should You Pay Your Nonprofit Executive Director?
9-4. Managing a Business’ Privacy Data: A Critical Foundation
for Building & Protecting Value
9-5. Overview: Significant Local Government Cases
9-6. Professional Identity: Building a Better Bar (PR) [1 of 2]
9-7. Recent Rulemakings & Enforcement Actions at the CFPB
9-8. Reopening of U.S.-Cuba Relations: Opportunity for
North Carolina Businesses?
9-9. Trial Techniques for Complex Cases
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11-1. Environmental Law Symposium III: EPA's Clean Power Plan
11-2. Exploring Collaborative Divorce: Statutory & Respectful
Alternative to Adversarial Divorce
11-3. Fastcase & Clio: Better Together
11-4. Helping Clients Legally Navigate Today's Social Media World
11-5. Introduction to Mental Health First Aid (MH/SA)
11-6. Protecting Car Buyers from Abuses in the Sale of
Add-on Products
11-7. Recent Developments in Health Care Fraud & Abuse Law
11-8. Unauthorized Practice of Law in NC: Do the Statutes
Serve their Purpose?
11-9. Workshop: A Master Class in Direct & Cross-Examination [1 of 2]
Session 10 (9:10-10:10 a.m.)
Session 12 (11:30 am-12:30 p.m.)
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10-1. Environmental Law Symposium II: Environmental Justice
10-2. Ethical Constraints on Dealing with Represented Persons (PR)
10-3. Exploring Copyright and Streaming: Cord Nevers, Cord Shavers,
Cord Cutters and Cord Cheaters
 10-4. Immigration Reform & Control Act of 1986:
Implications for the Criminal Defense Practitioner
 10-5. Legal Writing: Custom Editing Exercises in Written Feedback
 10-6. Professional Identity: Building a Better Bar (PR) [2 of 2]
 10-7. South Africa After Apartheid
 10-8. Update on Consumer Financial Services
 10-9. Academic Entrepreneurship: University Startups as a Means
for Translating University Research into Value-Creating Enterprises
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12-1. Environmental Law Symposium IV: Paris Negotiations/COP 21
12-2. Ethics in Fee Billing and Collections (Or How to Lose Your
Fee and Your Law License in One Dumb Gesture) (PR)
12-3. “Government Speech" in the Local Government Context:
When Can the City Council Take Sides?
12-4. Primer: Hart-Scott-Rodino and Premerger Antitrust Approval
12-5. Reforming NC's Tax System
12-6 Sticks & Stones: An Update on Recent Developments
In Construction Law
12-7. Top 10 Tips for Writing Powerfully
12-8. Use of Detector Dogs and Probable Cause
12-9. Workshop: A Master Class in Direct & Cross-Examination [2 of 2]
Please Note: Late registration begins on February 1, 2016. If you are unable to submit your registration
form before January 31, 2016, please check online or contact us to find out what courses may still be
available. You may also register onsite February 12th, space permitting.
PR = Professional responsibility Credit
SA/MH = Substance Abuse / mental health Credit
Please join us on February 12-13
for the 26th Annual
Register at www.law.unc.edu/cle
Sponsored by UNC School of Law