Section CLE Publications

To search all available CLE Publications, visit CeLE Search at http://www.ncbar.org/cle/celeSearch.aspx.

To view Construction Law CLE Programs, click here.

Adding Tools to the Construction Lawyer's Tool Box (Joint NC/SC Construction Program) (21st NC Construction Law Section Annual Meeting)

Abstract: Legislative and Case Law Updates?... Green Building and LEED?... Employment and Labor Law For The Construction Lawyer (The Card Check Legislation; Record Keeping; The FMLA; ADA; I-9 Form) ... Federal Public Contracting Issues (New DBE/MBE Regulations; False Claim Act) ... Bankruptcy and Recent Developments Affecting Construction Lawyers?States' Recovery Plans and Stimulus Projects ...?General Agreement of Indemnity Claims (Handling And/Or Handling Surety Claims From A Surety's Perspective) ... How To Handle The Media, Victims, And Emergency Personnel, Then The Aftermath Of A Construction Site Accident ...?*Substance Abuse and Mental Health

An Ounce of Prevention is Worth a Pound of Cure (2008 Ethics/Professionalism and Substance Abuse Awareness)

Abstract: Why Gamble With Your Career? ... Dealing with Gambling and Other Addictions ... The Impaired Lawyer's Impact on the Law Firm (Learn to identify the types of impairment that affect attorneys; Recognize and be able to document objective symptoms of impairment; Appreciate the impact an impaired professional has on his/her employer, colleagues, and clients; Evaluate risks of ignoring impairment including financial and ethical repercussions) ... The Disciplinary Process after a Lawyer is Found to be Impaired (What are the steps in the disciplinary process taken by the NC State Bar after a lawyer's ability to practice law is impaired by substance abuse and/or chemical addiction?) ... *Click below on "view TOC" to search the Table of Contents*

Basics of Franchise Law

Abstract: The Inadvertent Franchise ((licensing, joint ventures, etc.) and potential liability; trademark license) ... Franchising 101: Registration and Disclosure Issues (FTC franchise and business opportunity rules, state franchise and business opportunity rules, and international rules) ... Negotiating the Franchise Agreement and Related Legal Issues from the Franchisor and Franchisee Perspective (standard and non-standard provisions; franchise transfers, compliance issues, raising capital, ownership restrictions, impact of death or incapacity on franchise rights, and development and exit strategies available based upon type of franchise selected (single unit vs. multi unit)) ... Growth of Franchising and Mock Negotiations between Franchisor and Franchisee's Counsel ... Advising Participants in Declining Franchise Systems ... Anatomy of a Franchise Lawsuit - Franchisor and Franchisee Perspectives (resolving disputes; arbitration versus litigation; choice of forum and choice of law; claims and defenses; individual lawsuits versus class actions; whether and when to seek injunctive relief; how to determine what money damages are reasonable; settlement considerations) ... Ethical Minefields ... *Click below on "view TOC" to search the Table of Contents*

Construction Contracts with North Carolina Local Governments, Fourth Edition 2007

Abstract: A reference for those involved in the North Carolina local government construction process. It presents local government construction law in a readable format designed for quick reference. The book explains formal and informal bidding, standards for awarding bids, bid withdrawals, and exceptions to the bidding procedures. It also covers change orders, design and bidding rules for public buildings and avoidance of favoritism in public contracts.

Data Security and Privacy in the Age of Smartphones and Social Networking (Antitrust and Trade Regulation Section Annual Meeting)

Abstract: Data Security and Breach Notification: What Businesses Should Do to Keep Data Secure and What They Should Do When They Fail (Emerging standards for data security, FTC rules and decisions, court decisions and industry standards and Breach notification laws in NC) ... Workplace Privacy: How Do Computers and Employment Mix? (Google and Facebook; Monitoring employees' e-mails, blogs, "twitters" and GPS positions; Developing computer use policies and customers' and employees' privacy) ... Identity Theft and Computer Crimes: Federal and State Prosecutors Bring You News from the Frontline (Hacking, phishing and spoofing; Recent identity theft and computer crime laws) ... Online Privacy and E-Marketing: Avoiding the Sharks While Surfing the Web (Spam and telemarketing; Targeted advertising; marketing to children; liability of bloggers and commenters) ... Practical Aspects of Privacy and Confidentiality in Litigation (HIPAA and Gramm-Leach-Bliley) ... Practical Aspects of Privacy and Confidentiality in Transactions (Evaluating risks related to private information during due diligence; Handling issues related to privacy and data in drafting the contract and Dealing with private information when putting the transaction into effect)

Effective Lawyering in a Complex World

Abstract: Substance Abuse: Real Stories (An estimated one-third of all attorneys suffer from depression and/or alcohol or drug addiction, at a rate two to three times higher than the general population. The implications for lawyers, loved ones, our clients and the profession are obvious.) ... 10 Practice Management Tips for Effective Lawyering (10 practical, ready-to-implement technology, management and marketing tips to increase your effectiveness and gain more control.) ... Peak Performance and Complex Lives (Reduce stress, while achieving and maintaining peak performance in the complex, demanding life. Practical techniques you can apply immediately to increase your productivity, effectiveness and satisfaction.) ... Dealing with Diversity Within Your Law Office (Understanding some general traits that employees in different age groups tend to share. Review of the main values and approaches to work of the four generations in your workplace and discuss strategies and techniques to better meet the needs of the different generations as well as minimize workplace conflict.) ... The True Professional in a Challenging World (The professional heritage of lawyers and how that heritage is being challenged by the pressures of our 21st century world.) ... *Click below on "view TOC" to search the Table of Contents*

Financial Crisis Audio CD Series: Getting Under the TARP (Troubled Asset Relief Program): Selling Toxic Assets to the Gov & Gov Purchases of Stock

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part series will provide you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation.vernment and new changes in banking regulation. SEGMENT 3 topics include: Guarantees of bank debt ; Substantial changes to deposit insurance coverage; Interbank lending; Creation of Commercial Paper Funding Facility; Substantial expansion of Term Auction Facility; Payment on interest on reserves; Much moret on interest on reserves; Much more.

Financial Crisis Audio Cd Series: Housing Market: Fannie, Freddie and Foreclosure Abatement

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provide you with a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 4 topics include: New underwriting standards for conforming loans; What Fannie and Freddie will buy from banks and will not; Foreclosure mitigation efforts under the bailout legislation; New residential loan servicing standards; New housing goals: The New Fannie and Freddie.

Financial Crisis Audio CD Series: Impact of the Credit Crisis on Banking Regulations: New Rules of the Road

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you with a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 3 topics include: Guarantees of bank debt; Substantial changes to deposit insurance coverage; Interbank lending; Creation of Commercial Paper Funding Facility; Substantial expansion of Term Auction Facility; Payment on interest on reserves; Much more.

Financial Crisis Audio CD Series: Understanding the Bailout: An Overview of Sprawling Changes to Banking, Accounting and Real Estate

Abstract: In recent months, the United States financial system has been rocked to its foundation. Bear Stearns, Lehman Brothers and AIG - all major financial institutions that collapsed virtually overnight. On an almost daily basis the Federal Reserve and Treasury Department have desperately struggled to stem the tide, pumping trillions of dollars of liquidity into frozen financial and credit markets. And recently Congress passed a $700 billion bailout package to purchase toxic securities from banks. The pace of changing has been stunning and deeply unsettling. This four part audio CD series provides you a practical guide to the changes in the financial system, from the massive new Congressional bailout to the implosion of the housing sector, to selling toxic assets to the government and new changes in banking regulation. SEGMENT 1 topics include: Background of crisis: Collapse of the housing market, growth of collateralized debt obligations, and rising defaults; Congressional Action: Detailed review of Emergency Economic Stabilization Act of 2008; Federal Reserve Activity: interest rates, new lending facilities, commercial paper intervention, loans to industry; SEC Activity: rules changes and enforcement activity; Recapitalization of banks across the nation.

Financial Crisis FOUR Audio CD Series Package - The Bailout, TARP, Banking Regulations and the Housing Market

Information Security for Lawyers and Law Firms

Abstract: Written for lawyers and lawfirms, this book provides sound advice and offers valuable guidelines and assistance to bridge the worlds of law and technology on important information security issues that face the legal professional every day. Content includes: The ethical duties of lawyers relating to securing their electronic information; How a small lawfirm can have reliable security; What are worms, Trojans, spyware, malware, spiders, key loggers and their implications; Is it safe to use wireless technology for the delivery of legal services; In large firms, what information security duties can be delegated; How lawyers and other law firm personnel can be trained in information security.

Lien on Me: When Developers, Liens and Title Insurance Collide (A Joint Program of the Construction Law and Real Property Sections)

Abstract: Liens on Real Estate and Funds (Gain an understanding of the recent changes to NC lien law and prepare for the impact to owners (commercial and residential) from the O & M Industries decision. ... Title Insurance Issues for Developers: Look Before You Leap (Basic underwriting requirements for issuing construction loan commitments and policies: Common ALTA endorsements for loan policies (requirements and coverage), Policy endorsements to reflect changes to deeds of trust, Lien waiver requirements in various common construction situations.) ... Panel Discussion (Hear from attorneys that were in the trenches when a multimillion dollar mixed commercial and residential development project that spanned two counties got off track and resulted in +30 lawsuits as well as complex and novel issues with liens, title insurance and deeds of trust.) ... Equitable Subrogation (Learn about the conflict between deeds of trust vs. liens and how the courts are resolving the issue of priority in a race based real property state.) ... Deeds of Trust / Foreclosure / Priority (Competing interests of lenders, holders of materialman's liens, and judgment creditors.) ... *Click below on "view TOC" to search the Table of Contents*

Light and Life at the End of the Tunnel: Resources to Aid Lawyers to Live Better Lives

Abstract: Unique Psychological Problems Facing Lawyers (BarCARES: Private health providers, Human Resource Consultants, BarCARES counseling and BarCARES counseling) ... Responding Effectively to the Challenges Presented by an Impaired Colleague in Light of our Duty to Each Other, the Profession, and the Public ... Recovering from Debilitating Mental Conditions or Addictions ... Resources Available to Firms to Enhance Lawyer Effectiveness and Address Lawyer Impairment ... On the 'Broken' Road of Recovery with the Next Generation ... How the State Bar Processes Impaired Lawyer Cases ... Getting the Best Out of Your Brightest and Helping Them Get the Best Out of Themselves (Adhering to the commonly accepted standards of Professionalism; teaching good legal "judgment"; building trust and accountability systematically in your law firm through higher expectations of professionalism) ... The Firm's Response to the Impaired Lawyer (Statistics on the problem of the dissatisfied or impaired lawyer; addiction and mental illness in the workplace; charting an ethical, businesslike and moral course) ... *Click below on "view TOC" to search the Table of Contents*

NCBA 2009 Annual Review

Abstract: n/a

Negotiating and Navigating Claims, From Preparing Contracts to Preparing for Trial (20th Construction Law Section Annual Meeting)

Abstract: Public Contracting: Requirements, Delivery Methods and Retainage Issues (Statutory req; single prime, multi-prime and construction mgr. at risk; Bond req) ... Contracting With Design Pros (delivery method and the designer's role; owner-designer claims and relationships (Blaylock case)) ... Contracting With General Contractors and Construction Mgrs at Risk (AIA and AGC docs; Allocation of project risk; Def. unavoidable delay; D.R. mechanisms and choice of law; Notice of contract and subcontract) ... Time Considerations in Asserting Claims (Ins. policy provisions; Contractual, Lien claim and Bond claim time limits; Statutes of limitations and repose) ... Claims by or Against Bankrupt Entities (Time limitations; Set-off; Preference litigation) ... Best Expert Witness Practice and Presentation (identify/selection; scope of engagement; Effective presentation) ... Caselaw Update ... Understanding Damages for Owners, Contractors and Subcontractors (Economic loss rule; Delay; Consequential, Liquidated and Contractual provisions limiting damages) ... "View from the Arbitrator's Chair" (Procedural considerations; Effective written pres; Effective arbitration practices and techniques) ... *Ethics, Professionalism & Collegiality: Practicing in an Adversarial System ... *Click below on "view TOC" to search the Table of Contents*

New Ways to Build: Documents, Buildings, Your Life (2008 Construction Law Winter Program)

Abstract: Introduction to the ConsensusDOCS ... Introduction of the 2007 Revisions to the AIA Form Contracts (Key owner-contractor and owner-design professional forms; Significant changes over prior editions; drafting tips) ... AIA vs. ConsensusDOCS ... Managing Your Stress as a Lawyer: Be Laid Back Or Be Laid Out ... Building Information Modeling: The Next Big Thing But What Is It? (integrated practice and building information modeling; three dimensional design and it's value to clients and contractors) ... Legal Implications and Issues Related to BIM ... *Click below on "view TOC" to search the Table of Contents*

North Carolina Construction Law Deskbook w/Forms CD (2006) Fourth Edition

Abstract: Considered the "bible" for practitioners serving the N.C. construction industry and includes a fully-searchable forms CD. Both a resource and research tool for experienced construction lawyers and a guide and primer for lawyers who do not frequently practice in the area of construction law. Find updated treatments of frequently encountered topics such as lien law, construction claims, standard form contracts and surety law. Easy to use and comprehensive, this is a construction law resource you won't want to be without. Lien Chapter revisions address recent changes to lien statutes with an easy to read lien revision summary! Chapters: 1. Alternative Dispute Resolution; 2. Building Codes and Permitting; 3. Construction Claims; 4. Construction Industry Standard Form Contracts; 5. Construction Liens; 6. Effects of Bankruptcy; 7. Environmental Issues in Construction Law; 8. Federal Public Construction; 9. Insurance Issues in Construction; 10. Licensing of Construction Professionals; 11. OSHA of N.C.; 12. Project Delivery Systems; 13. State Contracting Procedures; 14. Suretyship; 15. Case Law Outline; 16. Table of Cases. (1078 page Hard Cover) ... *Click below on "view TOC" to search the Table of Contents* Forms CD is only compatible with Microsoft operating systems and is programmed specifically for PC computers.

Practicing Construction Law in the Current Economic Crisis (2009 Winter Construction Law Program)

Abstract: Public Contracting and Bid Challenges in a Down Economy (Public bidding req's; Rules relating to withdrawing a bid; Making claims against bid bonds; Standards for awarding public contracts; Bid challenge procedures) ... Representing MWBEs and Satisfying Public Entity MWBE Req's (Minority business participation req's on public projects; Statewide Uniform Certification Program; Policy considerations for public entities to increase and improve minority participation) ... Pursuing and Defending Lien Claims When They Really Matter (Embree equitable liens on construction loan proceeds; the doctrine of instantaneous seisin; Apportionment of liens on multiple lots) ... Insurance and Liability Concerns for Dead and Dying Projects (Contractor goes bankrupt - but the Surety will handle it right?; Insurance Company Solvency - Remember AIG?; Exclusions - You expect the insurance company to actual pay!) ... Takeover Projects - Making Money and Avoiding Liability (The Project is Failing - perspectives from the owner (public and private), the contractor, subcontractors, and the surety; What are the alternatives to letting a project die - work with the contractor, tender to the surety, or terminate and complete with a new contractor) ... Is It Stress? How to Avoid Heart Attacks and Strokes

Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A Fresh View of Professionalism)

Abstract: Revitalizing the Lawyer-Poet: What Lawyers Can Learn from Rock and Roll (A fresh perspective on the definition of "professionalism" in the context of the modern practice of law. What is professionalism?; What are the causes and consequences of the crisis in professionalism?; Do lawyers have a public responsibility as intermediaries between the people and the law?; Can lawyers make money, have fun and do good, all at the same time?) ... Jam Session: NC Lawyers' Response (Do lawyers need a fresh view of professionalism? What can North Carolina lawyers learn from rock and roll?) ... "One Bourbon, One Scotch, and One Beer" and "Manic Depression" Are Not Just Song Titles: Recognizing and Managing Substance Abuse and Mental Health Problems in the Legal Profession (How does the crisis in professionalism affect lawyers on a personal and individual level? What is its role in causing mental health problems, depression and substance abuse?: Causes of depression and other mental health problems; Causes and nature of substance abuse as problem for lawyers; Strategies for preventing these problems through rebalancing your life and finding new meaning in your work) ... *Click "view TOC" below to search the Table of Contents*

The Cybersleuth's Guide to the Internet

Abstract: Much information once only available to professional researchers from expensive sources is now available for free on the Internet, if you know how to find it. This book will show you how to be a cyber-detective and unearth this information FREE (or at low cost!) on the Web. Also included is Levitt and Rosch's North Carolina-specific resource guide on CD. Fully bookmarked and searchable, the CD makes conducting Internet-based N.C. legal research a snap! The book includes examples based on real world research scenarios. Whether you're just starting to use the Internet for serious research or you're a seasoned online research veteran, this book can help you find what you're looking for fast and free. Learn how to use the same tools as skip tracers & private investigators. Find out How to Dig Up "Dirt" About Anyone; Uncover Information to Attack Someone's Credibility; Seek out the Smoking Gun; Mine the Web for Missing People; Discover Addresses (Home and Email); Find Phone Numbers (Even Cellular); Locate Aliases, Employer's Name; Glean Personal Information; Unearth Property Records; Access Public Records. Find free legal research like Full-Text Case Law Databases; Elusive Government Documents; Federal, State and Local Primary Law; Secondary Legal Resources (law review articles, legal news, etc.); Legal Practice Materials and more! (290 page soft cover)

The Electronic Evidence and Discovery Handbook Second Edition

Abstract: E-Discovery and the use of electronic evidence has increased dramatically over the past few years, but many lawyers still struggle with the complexities of dealing with electronic information. This comprehensive book provides lawyers with the templates they need to develop an effective E-Discovery strategy, and to frame appropriate E-Discovery requests. In addition to the ready-made forms, the authors also supply helpful information and commentary to bring you rapidly up to speed in the electronic discovery field. The accompanying CD-ROM features over 70 forms in Word format. Also included is an extensive electronic evidence case digest with over 200 cases summarized!

The Lawyer's Guide to Fact Finding on the Internet, Third Edition

Abstract: The most user-friendly Internet research book available for legal professionals today. A complete hands-on guide that shares the secrets, shortcuts, and realities of conducting fact finding on the Internet. Written for legal professionals, this comprehensive desk reference lists, categorizes, and describes hundreds of free and fee-based Internet sites. Useful for investigations, depositions, trial presentations, medical research, gathering competitive intelligence, finding expert witnesses, fact checking of all kinds. Includes information on browsers, search engines, Weblogs, library databases, public records. Includes CD of all links mentioned in book. Select relevant research sources; Access subjects guides, newsgroups, and listserves; Find experts; Research companies, public records; Conduct medical, statistical, international research. Icon system immediately identifies free & free-with-registration sites, pay sites; practical tips & advice on using specific sites; an easy-to-use topical structure, organized the way lawyers think, starting with the best sites first; over 150 screen shots of Web sites; and over 700 pages of factual categories & updated URLs. Stop wasting time on the Internet, and make the Internet work for you! With purchase receive free subscription to bi-monthly e-mail newsletter updating the book: A $99 value.

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