NCBA 2014 Annual Review All Attorneys LIVE PROGRAM Thursday–Friday, Oct. 9–10, 2014

All Attorneys
NCBA 2014 Annual Review
LIVE PROGRAM
Thursday–Friday, Oct. 9–10, 2014
Grandover Resort & Conf. Center
Greensboro
CLE Credit: 12.0 Hours
Includes 2.0 Ethics/Professionalism and
1.0 Substance Abuse/Mental Health
Plus 6 Video Replays
We have saved you the time and effort of combing through reams of paper in
order to obtain a comprehensive annual review of North Carolina case law. This
two-day NCBA 2014 Annual Review is designed to expand your knowledge
and provide insight into significant areas– important cases and updates on North
Carolina legislation and case law.
Let our speakers do the heavy lifting to get you the critical facts and parse the
analysis so you take away the most relevant information and know why it matters.
Attendees at this program:
• Hear the latest updates on civil law, family law, real property law, criminal law and more.
• Fulfill your 12 hours of CLE credit requirement, including two hours ethics/
professionalism and one hour mental health/substance abuse credit.
• New topics for 2014: Personal Injury, Sports and Entertainment Law and Church Law.
Thank you for your continued support and loyalty to this program. Over the past
six years, we have striven to keep you current on the most significant annual
changes in the NC legal landscape. We look forward to continuing this tradition
this year and in years to come.
“It was helpful to get a broad overview and fulfill
CLE requirement in one two-day program.”
Attendee of 2013 Annual Review
Planned by
the NCBA CLE
Department
/NCBAorg
@NCBA_CLE
The Fine Print
Agenda
Registration
Registrations (including door
registrations) are limited to
available space, which may
include a live video broadcast
overflow room. Registrations
received the week of the
program or at the door cannot
be guaranteed a book.
Thursday, October 9
MCLE Credit
The NC Bar Association
Foundation is an accredited
CLE sponsor under the MCLE
Regulations promulgated by
the NC State Bar Board of
Continuing Legal Education.
This program is approved (but
not sponsored) by the Board for
the designated number of CLE
hours. It is the responsibility
of each attorney to maintain
a record of his/her attendance
at CLE programs for the NC
State Bar annual report. MCLE
credit is reported only if NC
State Bar number is provided.
NCBA CLE Passports
Passport holders exceeding the
24-hour limit for attorneys or
the 12-hour limit for paralegals
will be charged $75 per
program.
Transfers
Registrants may transfer from
a Live program, Video Replay,
Webcast, Webinar or Phone/
Audio Streaming Seminar
without penalty within three
working days after the program
date.
Cancellations
Cancellations must be received
by 9 a.m. the third working
day prior to the program to
qualify for a refund (less $25
administrative fee). Those
not attending will receive the
program materials (if included
in tuition) in full consideration
of tuition paid.
Inclement Weather
NCBAF makes every effort
to notify registrants when a
program is canceled or delayed
due to weather. If inclement
weather is forecast, please
check your local news listings
or contact the location where
your program is being held.
Bar Association programs will
follow the work schedule of the
hosting institutions, to include
delayed openings.
CLE Scholarships
A
limited
number
of
scholarships are available to
members in financial need.
Contact Membership Services at
1-800- 662-7407 or email
[email protected].
8:15–8:55 a.m. Registration
8:55–9:00
Welcome & Introductions • Lord
9:00–10:00
*Adventures in Ethics: Will You End Your Career with Integrity, or Will You be Eaten by a Bear? • Tomberlin
It is an interactive ethics presentation modeled on
the old “Choose Your Own Adventure” book series.
Participants follow an attorney throughout his career
and help make decisions when ethical dilemmas arise.
See if those decisions allow the attorney to enjoy a long
and successful career, or if poor choices ultimately block
his path to retiring with integrity.
10:00–11:00
11:00–11:15Break
11:15–12:15 p.m. Family Law Update • Hawley
A fast-paced overview of last year’s cases from the
unpredictable world of family law. Topics to include:
• Alimony/PSS
• Equitable Distribution
• Child Custody and Support
• Adoption
• Alienation of Affection/Criminal Conversation
12:15–1:00
Networking Lunch (included at Live Program only)
1:00–2:00
NC Legislative Update • Crouch
Understanding the New Rule-Making and Legislative
Process.
2:00–3:00
Creating an Efficient, Defensible e-Discovery Process
• Benzoni
• Overview of e-Discovery
• Guiding principles
• Creating a defensible record
• Optimizing the e-Discovery process
3:00–3:15Break
3:15–4:15
@NCBA_CLE
Personal Injury Law Update • Thorp
• Review of recent key North Carolina Appellate
Court cases
• Statutory changes affecting personal injury law
• Legal and legislative trends
• Useful practice tips
Church and Religious Organizations Law • Small
• A review of North Carolina statutes for religious organizations: Nonprofit Corporation Act
(Chapter 55A), Unincorporated Nonprofit
Association Act (Chapter 59B), and Religious Societies (Chapter 61).
• Conflicts between general applicable laws and the First Amendment - employment discrimination
• Sex abuse and religious organizations – privileges, reporting duties and liability
• Tax-exempt status – filing requirements and restrictions on lobbying and political activity
Brought to you by the North Carolina Bar Association Foundation CLE www.ncbar.org/CLE
Friday, October 10
8:55–9:00 a.m. Welcome & Introductions • Garrett
9:00–10:00
Sports and Entertainment Law Update • Hairston and Varnum
• Deficiencies of previous NCAA enforcement structure
• Evolution of NCAA Enforcement Working Group
• Role and composition of NCAA Committee on Infractions (Previous model vs. Current model)
• Classification of violations (Previous model vs. Current model)
• Penalties associated with NCAA infractions (Previous model vs.
Current model)
• Effectiveness of new enforcement structure- one year review
10:00–11:00
Civil Law Update • Epstein
A discussion of key North Carolina Business Court and Appellate Court
opinions from the past year and how they affect you and your clients. From
substantive changes to evidentiary issues to legal trends, this presentation focuses
on the recent developments that are important to your practice.
11:00–11:15Break
11:15–12:15 p.m. *Trust Account Compliance • Bolac
• Key Concepts
• Trust Account Basics
• Reconciliation
• Safeguarding Funds from Embezzlement
• Random Audit Program
12:15–1:00 Networking Lunch (included at Live Program only)
1:00–2:00
Real Property Update • Edwards
An in-depth look at some of the most applicable cases to real property
from the past 12—18 months
2:00–3:00
Criminal Law Update • Davis and Pritchett
• Federal Case Law Update (Davis): Key recent decisions from the
US Supreme Court and US Court of Appeals for the Fourth Circuit
• State Case Law Update (Pritchett): Key recent decisions from the North
Carolina Supreme Court and North Carolina Court of Appeals
3:00–3:15Break
3:15–4:15
†Getting Lost in Our Own Lives • McClinton
• Take a look at major contributing factors leading to alcohol and substance abuse in attorneys, including lawyers suffering increasingly from stress, depression and/or anxieties
• Examine the root causes and contributing factors of lawyer distress, including factors caused by the legal profession and those caused by personality
*Indicates portion providing Ethics/Professionalism credit.
†Indicates portion providing Substance Abuse/Mental Health credit
NCBA 2014 Annual Review
Speakers
Moderators
Chad D. Garrett,
Garrett Walker and
Aycoth, Greensboro
Kim Y. Crouch, Director
of Governmental
Affairs, North Carolina
Bar Association, Cary
C. Todd Hairston,
Associate Athletic
Director of Compliance,
Wake Forest University,
Winston-Salem
John H. Small, Brooks
Pierce McLendon
Humphrey & Leonard
LLP, Greensboro
Peter G. Bolac,
Harrison A. Lord,
Francisco J. Benzoni,
Bernhardt and Strawser Smith Anderson Blount North Carolina State
Bar, Raleigh
PA, Charlotte
Dorsett Mitchell &
Jernigan LLP, Raleigh
Kearns Davis, Brooks Zipporah Basile Edwards,
Pierce McLendon
Horack Talley Pharr &
Humphrey & Leonard Lowndes PA, Charlotte
LLP, Greensboro
Steven B. Epstein,
Poyner Spruill LLP,
Raleigh
Lee Hawley, Wyatt
Early Harris Wheeler
LLP, High Point
Claudia N. McClinton,
McNeil Law Firm
PLLC, Raleigh
Jan E. Pritchett,
Schlosser & Pritchett,
Greensboro
Isaac Thorp,
Thorp Law Firm,
Raleigh
Allison C. Tomberlin,
General Counsel,
Forsyth County Board
of Education,WinstonSalem
Thomas G. Varnum,
Brooks Pierce
McLendon Humphrey
& Leonard LLP,
Wilmington
NCBA 2014 Annual Review
Hotel
Contact hotel directly for reservations & guest services • Rates based on availability • Occasionally room blocks fill
before cutoff date • To guarantee your room at this special rate, contact the hotel today and mention you are with
the NC Bar Association
Grandover Resort & Conference Center
1000 Club Road • Greensboro, NC 27407
Rates: $154 Single double/Queen double
$194 Junior suite
Reservations: (800) 472-6301 or (336) 294-1800
Cutoff Date:
Sept. 10, 2014
The NCBA CLE has obtained this
special room rate by contracting
a total meeting package at the
Grandover Resort & Conference
Center. We must meet certain
minimum hotel room requirements
or face attrition and/or meeting
room rental charges. To continue
to provide reasonable CLE
registration fees, we need your
help. Please take advantage of
this negotiated room rate.
new release
Elements of Civil Causes of Action in North Carolina, Second Edition
by Douglas MacGregor and Edwin Tisdale
Completely revised! Elements of Civil Causes of Action breaks down over
38 of the most common North Carolina civil causes of action into their
component parts. Chapters are organized alphabetically by cause of action
and are heavily annotated with pertinent citations to controlling authority,
so that what you get is the very essence of current North Carolina law in a
concise and convenient format which will save you hours of research.
Douglas
MacGregor
and
Edwin Tisdale
The authors of the
Elements of Civil Causes
of Action in North Carolina,
Second Edition, are
Douglas Scott MacGrego
r and Edwin J. Tisdale.
MacGregor has written
numerous publication
s including Colorado
Causes of Action (Bradford
Publishing Company)
. Tisdale practices
in Wilmington, North
law
Carolina with a focus
on estate planning
administration, business
and
law, and health law.
(includes tax & S/H fees)
For more information, call 800.228.3402 (ask for CLE), 919.677.8745 or visit
www.ncbar.org/CLEBookstore.
Carolina
Member Price $70.39
Elements of Civil Cause
s of Action in North
Elements of Civil Causes
of Action in North Carolina,
Second Edition, breaks
down 38 of the most
common North Carolina
civil causes of action
into their componen
t parts. Chapters are
organized alphabetic
cause of action and
ally by
are heavily annotated
with pertinent citations
controlling authority,
to
so that what you get
is the very essence
North Carolina law
of current
in a concise and convenien
t format which will
you hours of research
save
time.
Elements of Civil
Causes of Action
in North Carolina
Second Edition
by Douglas MacGre
and Edwin Tisdale gor
NCBA 2014 Annual Review
Video Locations
To qualify for the Early Bird (
) tuition, registration must be received one week prior to program date.
NC State Bar rules require a minimum number of pre-registered active State Bar members. The NCBAF
reserves the right to cancel any video program prior to the program date if registrations do not meet the NC
State Bar requirement. Some sites require additional registration or evaluation forms. Visit http://www.ncbar.
org/cle/programs/videoReplays to confirm video replay registration and program start times.
CLE credit hours at Video Replays are subject to change.
*All video replay programs materials are 100% paperless. See www.ncbar.org/CLE for
download instructions.
Cary — Thu.–Fri., Dec. 18–19, 2014 – NC Bar Center
8000 Weston Parkway • Dorsett Auditorium • Site Contact: CLE Department (919) 677-8745
or (800) 228-3402 (ask for CLE)
(
Dec. 11, 2014)
#305BAR
Cary — Tue.–Wed., Feb. 24–25, 2015 – NC Bar Center
8000 Weston Parkway • Dorsett Auditorium • Site Contact: CLE Department (919) 677-8745
or (800) 228-3402 (ask for CLE)
(
Feb. 17, 2015)
#305BR2
Charlotte — Tue.–Wed., Nov. 18–19, 2014 – Hampton Inn & Suites South Park at
Phillips Place
6700 Phillips Place Court • Conference Room • Site Phone: (704) 319-5700
(
Nov. 11, 2014)
#305CHA
Charlotte — Mon.–Tue., Feb. 23–24, 2015 – Charlotte Convention Center
501 South College Street • Room 211AB • Site Phone: (704) 339-6000
(
Feb. 16, 2015)
#305CH2
Concord — Thu.–Fri., Dec. 18–19, 2014 – Hilton Garden Inn Concord
7831 Gateway Ln., NW • Cardinal B • (704) 979-2900
(
Dec. 11, 2014)
#305CRD
Gastonia — Thu.–Fri., Jan. 22–23, 2015 – Gastonia Conference Center
145 S. Marietta St. • Large Meeting Room • (704) 869‑1948
(
Jan. 15, 2015)
#305GAS
Watch for additional replays statewide.
*All of the materials for this program will be available for download in advance of the program and we
encourage all program attendees to take advantage of this paperless option. Attendees opting to add a printed
book to their registration may do so by calling the CLE department no later than five (5) business days prior
to the date of the program. Program attendees may purchase the printed manuscript at a discounted rate
based upon our cost to print and will receive the book at the program. Due to printing and shipping lead
times we are unable to accommodate requests for print materials made fewer than five (5) business days prior
to the program.
> NCBA 2014 Annual Review
#305ARP on 10/9–10/14
B
NC Bar Association Registration/Order Form
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for MCLE Credit list both:
NC State Bar No. _________________________ NCBA No.___________________________
q Check if any information has changed
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> Program Choice
> Live and Video Replay Tuition‡
Registration must be received one week prior to program date
for Early Bird tuition
Live Program q Oct. 9–10, 2014 Greensboro
(
Oct. 2)
Dec. 18 –19, 2014 Cary
Feb. 24–25, 2015 Cary
Nov. 18–19, 2014 Charlotte
Feb. 23–24, 2015 Charlotte
Dec. 18–19, 2014 Concord
Jan. 22–23, 2015 Gastonia
#305BAR
#305BR2
#305CHA
#305CH2
#305CRD
#305GAS
Watch for additional replays statewide.
SAVE
A REE!
Paperless CLE Program Materials
Simply log in to digitally
download CLE materials:
1. Go to www.ncbar.org/cle
2. Click CLE Courses button
3. Log in at top right corner
Don’t know your member # and password? Click Retrieve and an
email will be sent to you
4. Click My Courses Tab at top
5. Click CLE program title
PDFs are listed under
Resources. Each chapter
is separate or click
“Compilation” for complete
manuscript.
For more information, call 800.228.3402
(ask for CLE), 919.677.8745 or visit
www.ncbar.org/CLE.
> Payment Options
Tuition includes digital materials
#305ARP
Video Replays
q
q
q
q
q
q
Early Bird Regular
Rec’vd
Rec’vd less than
1 week before 1 week before
program
program
The following categories include the MCLE fee.
q NCBA Member
$445
$495
q Non-Member
$465
$515
The following categories do not include any MCLE fee.
q Judge (NCBA Member)
$25
q Law Professor (NCBA Member, full-time
$25
at ABA accredited law school)
Passports are not accepted for this program.
Your CLE tuition includes mandatory State Bar fees.
These fees are used to administer the State Bar’s Mandatory
Continuing Legal Education program and to support both
the Chief Justice’s Commission on Professionalism and the
Chief Justice’s Equal Access to Justice Commission.
Your tuition also includes digital access to all program
materials.
‡
> Additional Resources Available
Elements of Civil Causes of Action in
North Carolina, Second Edition
Prices below include 6.75% Sales Tax and $5.99 S/H.
Please allow 2–4 weeks from order date for delivery.
qBook—Member
qBook—Non-Member
qBook—Passport
$70.39
$83.20
$51.18
Separate tuition required for each program. Registration is processed only after payment is received.
Total $__________________ q Check Enclosed Payable to NC Bar Foundation q Visa/MC/AmEx
Acct. #______________________________________________________Exp. Date___________________
Signature______________________________________________________________________________
4 ways
to register:
Phone CLE*
Website*
Fax CLE*
Mail*
*Credit card only
*Credit card only
*Credit card only
*Check or credit card
(919) 677-8745
(800) 228-3402
www.ncbar.org/CLE
(919) 677-1774
Attn: Accounting • NCBAF
PO Box 3688, Cary, NC 27519
Elements of Civil Causes
of Action in North Carolina,
Second Edition, breaks
down 38 of the most
common North Carolina
civil causes of action
into their component
parts. Chapters are
organized alphabetica
cause of action and
lly by
are heavily annotated
with pertinent citations
controlling authority,
to
so that what you get
is the very essence
North Carolina law
of current
in a concise and convenient
format which will
you hours of research
save
time.
Douglas
MacGregor
and
Edwin Tisdale
www.ncbar.org/CLEBookstore
of Action in North
For more information, call 800.228.3402 (ask for CLE), 919.677.8745 or visit
(incl. tax & S/H)
Elements of Civil Causes
Member Price $70.39
The authors of the
Elements of Civil Causes
of Action in North Carolina,
Second Edition, are
Douglas Scott MacGregor
and Edwin J. Tisdale.
MacGregor has written
numerous publication
s including Colorado
Causes of Action (Bradford
Publishing Company).
Tisdale practices law
in Wilmington, North
Carolina with a focus
on estate planning
administration, business
and
law, and health law.
Completely revised! Elements of Civil Causes of Action breaks down over
38 of the most common North Carolina civil causes of action into their
component parts. Chapters are organized alphabetically by cause of action
and are heavily annotated with pertinent citations to controlling authority,
so that what you get is the very essence of current North Carolina law in a
concise and convenient format which will save you hours of research.
by Douglas MacGregor and Edwin Tisdale
Second Edition
by Douglas MacGre
and Edwin Tisdale gor
Elements of Civil
Causes of Action
in North Carolina
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Elements of Civil Causes of Action in North Carolina, Second Edition
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8000 Weston Parkway • Cary, NC 27513
N.
C.
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BY
NCBA 2014
ANNUAL REVIEW
Program HIGHLIGHTS
AW
Nonprofit
US Postage
PAID
Raleigh, NC
Permit #297
NCBA 2014 Annual Review
Thu.–Fri., Oct. 9–10, 2014 Greensboro
• Convenient! Obtain 12 hours MCLE credit, including two
hours ethics/professionalism credit and one hour mental
health/substance abuse credit
BY
N.
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Carolina