Section CLE Publications

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

To view Environment, Energy and Natural Resources Law CLE Programs, click here.

"Green Law": Regulation, Real Estate & Environmentally Friendly Projects

Abstract: Federal and state law increasingly provides tax and other incentives to real estate developers and investors who develop their real estate projects in a way that is sensitive to broader environmental goals. This audio CD examines the tax, financial and other benefits available to developers and investors, and how they can be effectively implemented into a deal or project.

2008 Business Law Section and Corporate Counsel Section Joint Annual Meetings

Abstract: North Carolina Business Law Update ... Session A: Special Issues in Mergers & Acquisitions (Private Equity Considerations and Director's Duties in the Merger & Acquisition Context) ... Session B: Current Issues for Corporate Counsel ("Going Green" Strategies: Legal Considerations for Corporate Environmental Initiatives and The Evolving Relationship of In-House Counsel with the Board of Directors) ... Session C: Special Issues in Mergers & Acquisitions (Be Careful What You Ask For: The Wisdom of Contractual Arbitration Provisions and Employee Benefits Implications) ... Session D: Current Issues for Corporate Counsel (Helpful Hands or Risky Business?: Best Practices for Minimizing Co-Employment and Other Legal Risk Presented by Contingent Workers and Recent Developments In Intellectual Property Law; How To Navigate A Changing Playing Field In Protecting Patents) ... You've Got a Friend (Mental Health/Substance Abuse) ... Living with the Deal ... *Click below on "view TOC" to search the Table of Contents*

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*

Developments in Environmental Liability in Real Estate Transactions

Abstract: One the substantial risks of acquiring real estate for investment or development is risk of incurring successor liability for environmental or other hazardous liabilities. This audio CD is a practical guide to identifying those liabilities, allocating the risk of incurring those liabilities, and tax and other incentives for redeveloping "Brownfield" properties.

Disaster Emergency Law and The Role of the Bar

Abstract: Public Health Emergency Preparedness in NC: The Urgency of Public / Private Coordination (Ex: severe hurricane, a pandemic flu outbreak or a biological terrorism event. The efforts of state and local health officials to coordinate with the private sector through community leaders, employers, non-profit organizations and professional associations.) ... Public Health Emergency Legal Authorities and the NC Liability Protection for Private Entities Act of 2008 (Ex. quarantine of persons, travel restrictions and closure of facilities. Liability Protection for Private Entities Act of 2008, which provide businesses and non-profit organizations with additional liability protection when they voluntarily assist the state or local governments in carrying out emergency management activities in NC during a declared emergency.) ... Is Your Workplace Prepared for Disaster? (Preparing for an emergency event, including the development of an emergency workplace response plan, social distancing compliance, leave policies, telecommuting, workers' compensation and employee communication channels during disasters.) ... Ethical Considerations and the Role of the Bar in Emergencies (Ex: 2003 SARS outbreak in Toronto; Asheville water crisis of 2004; Hurricane Katrina.) ... *Click below on "view TOC" to search the Table of Contents*

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*

Environmental Liability in Real Estate Transactions

Abstract: As real estate deals have become much more difficult to complete in a challenging market environment, there is renewed emphasis on assessing risk - particularly in the context of environmental liabilities. Where environmental risk is not accurately assessed, allocated and/or hedged, the parties to the deal are exposed to very substantial financial liability and the fundamental economics of the deal are jeopardized. This audio CD provides you a practical guide to developments in environmental diligence in real estate deals, allocating or hedging the risk, and post-closing concerns. Topics include: Sources of environmental liability under federal law; Assessing risk: Estimating liabilities and incorporating findings into deal documents; Developments in affirmative defenses; Contractual allocation of liability; Uses of environmental insurance and Post-closing concerns.

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

How to Build and Manage an Environmental Law Practice

Abstract: What specialized skills and knowledge should a lawyer have to succeed in environmental law? You'll find out in this helpful guide, the fourth in our "Practice-Building" Series. Through practical examples and explanations, this book reveals how you can gain environmental experience, understand the specialized business aspects of the environmental law practice, develop and maintain the ideal clientele mix, and much more, including the tactics, technology, and tools needed to run your practice for maximum efficiency and profitability. Includes an invaluable resource section! Published by American Bar Association. 6X9 Paperback 192 pages.

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.

Landfills and Technologies and Brownfields, Oh My! Environmental Law Updates You Should Be Aware Of (Env., Energy and Nat. Resources Law Sec Ann Mtg)

Abstract: Administrative Appeals in the Environmental Context ... Part I-Are Your (Client's) Vapors Unacceptably Intrusive? Overview of Subsurface Contaminated Vapor Intrusion into Indoor Spaces (Regulatory Drivers, The J&E Model, Sampling for Vapor Intrusion, Remediation for Vapor Intrusion, Case History) ... Part II-Use of Innovative Technologies for Ground Water Remediation - Case Study: Membrane Interface Probe (MIP) + In Situ Chemical Oxidation (ISCO) (Ground Water Plume Model from Traditional Assessment Methods, MIP Technology, ISCO Pilot Study Results, Traditional Approach vs. Innovative Methods) ... The Dry Cleaning Solvent Cleanup Act Program (fund balance, Dry cleaner regulatory compliance and DSCA's compliance program, Risk-based rules for remediation, Viewpoint of a contractor on the program, Conducting assessments at existing and abandoned dry cleaners) ... Legislative and Case Law Update (2006 legislation, current status of environmental and natural resources legislation as of April 2007) ... Air Program Developments - Brownfields Program Developments (Brownfields Act) ... Solid Waste Issues, the Moratorium and Environmental Justice Committee ... *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

New Horizons, Nooks and Crannies: Emerging Topics in the Land Use Practice (2009 Land Use Planning and Zoning Section Annual Meeting)

Abstract: The Religious Land Use and Institutionalized Persons Act (First Amendment Free Exercise Clause; Federal legislation affecting religious land uses, "Substantial Burden"; Compelling interest test; Establishment Clause) ... Land Use Planning and Zoning Case Law Update ... Sustainable Development and Land Use ("Green" initiatives; LEED; "Green" building practices; Future trends related to the "greening" of real estate development) ... A Seussian View of Quasi-Judicial Proceedings (Review fundamentals and explore the quirky, colorful Seussian realms) ... Climate Change Concepts in Local Development (The manner in which the climate change in influenced New York City's PlaNYC, the City's 2030 comprehensive plan.) ... Light and Life at the End of the Tunnel: Recovering from Debilitating Mental Conditions or Addictions ... The Obama Effect: Future Land Use Growth Area as a Result of the Recent Presidential Election (Infrastructure Investment; Connection between Land Use and Transportation; Green Building Practices, Including the New LEED-Neighborhood Development)

Public Policy Adapts: Environmental Issues at the Forefront (Joint NCBA Env, Energy & Natural Resources Law and Gov & Public Sector Sec Annual Mtgs)

Abstract: Case Law and Legislative Update/Governmental Case Law Update ... Environmental Case Law Update ... N.C. Legislative Update ... Adapting Brownfield Projects for Government Re-Use and Revitalization ... Recent Highlights In Federal Civil Environmental Enforcement ... Renewable Energy and Energy Efficiency: North Carolina Accelerates the Greening of Public Policy ... Waters of the United States ... Guidelines and U.S. Army Corp of Engineers Enforcement ... Competing for Water Resources: The Traditional Rules of the Game and How They Might Change ... Current Water Allocation Issues and Initiatives - A View from Raleigh ... *Click below on "view TOC" to search the Table of Contents*

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*

State of the Environment: A Time of Transition Featuring Secretary Ross' DENR Update (NCBA Environment, Energy & Natural Resources Law Winter Program)

Abstract: State of the Environment Annual Report (State of the environment in North Carolina at the time of transition) ... Update on Vapor Intrusion Assessment Developments (Developments with vapor intrusion in the DSCA, IHSB and ASTM contexts) ... Farm Bill Update (Renewable energy provisions of the 2008 Farm Bill; Cost-share opportunities in the conservation provisions of 2008 Farm Bill) ... Stormwater Regulation Developments, including the Coastal Stormwater Revisions ("Drill down" into important new stormwater developments)

State of the State and Playing By the New Rules Featuring Secretary Ross' Annual DENR Update (Env., Energy & Natural Resources Law Winter Program)

Abstract: State of the Environment Annual Report ... Senate Bill 3 and New Requirements Regarding Renewable Energy and Energy Efficiency ... Dealing with Drought in North Carolina ... DENR Reorganization ... *Click below on "view TOC" 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 Heat is On (2009 Environment, Energy and Natural Resources Law Section Annual Meeting)

Abstract: Overview of the Regulation of Green House Gas (GHG) Emissions (Primary sources of GHG emissions; International treaties governing GHG emissions (Kyoto Protocol), European emission trading schemes and regional GHG initiatives in the U.S. (RGGI, Western Climate Initiative) ... The Obama Administration and the Future of GHG Regulation in the U.S. (Legislative and regulatory initiatives in the U.S., carbon offsets provisions of current legislative proposals) ... Emerging GHG Markets in the U.S. (Sectoral opportunities in NC (methane capture, forestry, soil carbon sequestration, etc.); Case study of an agricultural methane capture system and how to capture value in a cap and trade regulatory system) ... Implementation of NC Senate Bill 3 and NC's Renewable Energy and Energy Efficiency Portfolio Standard (REPS) (Electric power suppliers (utilities, membership corporations, and municipalities) to add renewable energy to their generating portfolios; Challenges in the implementation; Ongoing efforts to comply with NC's REPS) ... Never Enough (compulsive gambling; alcoholism) ... NC Case Law Update ... Remedial Dissonance (NC Inactive Hazardous Sites Act vs. Brownfields Act; Limits of liability protections available under NC Law; Extent of federal authority at sites that are the subject of state law-based cleanups or Brownfields Agreements)

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.

Think Globally, Act Locally: Environmental Practice Before Local Governments Featuring Secretary Ross' DENR Update

Abstract: State of the N.C. Department of Environment, Energy and Natural Resources ... Avoiding Missteps in Practicing Before Local Boards ... Water Quality Update: Sedimentation / Erosion Control /Stormwater Phase II - Private rights of action; Impact of Rappanos ... Appealing Decisions of a Local Government ... *Click below on "view TOC" to search the Table of Contents*

What on Earth? A Primer on Environmental Law

Abstract: Overview of the Major State and Federal Environmental Laws ... The Clean Water Act and Related Legislation ... The Clean Air Act and Related Legislation ... Waste Management (the Resource Conservation and Recovery Act ("RCRA") and Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA" or "Superfund")) ... Phase I Environmental Site Assessments ... Environmental Law Historical Overview and CAMA ... Environmental Issues in Real Estate Transactions ... Leaking Underground Storage Tanks and the Dry cleaning Trust Fund Program - Laws and Regulations Impacting Local Governments ... Pro Bono/Public Interest ... *Click below on "view TOC" to search the Table of Contents*

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