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NC Bar Association
8000 Weston Parkway
Cary, NC 27513
(919) 677-0561
1-800-662-7407
sections@ncbar.org
 
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Section CLE Publications
To search all available CLE Publications, visit CeLE Search at http://www.ncbar.org/cle/celeSearch.aspx. To view Litigation CLE Programs, click here.
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"Metadata" in Litigation: What Your Clients (and Their Computer Files) are Unwittingly Revealing about Their Case
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Abstract: Every time you create a document on a computer - a memo, pleading or brief - you leave a trail of "meta-data" - or hidden information - that is potentially discoverable by your opponents in litigation. The information may be as innocent as the date on which the document was created. However, it may be far more damaging, revealing the substantive edits of your documents, or the basis of your client's legal position. This essential frailty of creating legal documents on computers raises a host of legal issues, from whether and how the information is discoverable to ethical implications of using the information - or not using it. From the convenience of your office you will learn: The types and forms of meta-data; How metadata can be located in a document - and how to erase it before it is discovered; Whether metadata is discoverable under the latest case law; Strategies for analyzing metadata and examples of how it can be utilized in pursuing or defending claims in litigation; What evidentiary issues arise from the introduction of metadata; Whether attorneys may ethically use metadata they uncover; Whether attorneys, in zealous representation, must use metadata they uncover
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217006he Edge!: Negotiating to Get What You Want by Martin Latz 
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Abstract: Martin E. Latz reveals an easy-to-use strategic template you can use in every negotiation. This is not ivory-tower advice, or advice just based on instincts and experience: The tactics and techniques here come from the most up-to-date research and the knowledge Latz has developed in negotiating on the White House Advance Teams, from consulting with top executives at Fortune 500 companies and law firms nationwide, and from teaching thousands of business professionals and lawyers how to negotiate more effectively. The result is a comprehensive guide that takes you all the way from general strategies and principles--Latz's Five Golden Rules of Negotiation--to specific tips, techniques, and even phrases you can use at the table. Gain the Edge! will arm you with: * Practical strategies to get the information you need before you sit down at the table * Tactics to maximize your leverage when seemingly powerless * Secrets to success in emotionally charged negotiations * A step-by-step system to design the most effective offer-concession strategy * Ways to deal with different personality types, ethics, and negotiation "games" * Specific advice on how to negotiate for your next salary, car, or house * Negotiating tips for other business and personal matters.
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Age Discrimination in Employment Law and Litigation
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Abstract: With a rapid aging population and better health care, more people are staying in the workforce longer than before. This raises a series of issues for recruitment, hiring and training. This program will focus on trends in litigation in this area and developing best practices for employers to avoid age-based discrimination claims.
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Civil Motions Practice and Persuasion in the EDNC: A View from the Bench
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Abstract: Motions Practice Panel Discussion (Bell Atlantic Corp. vs. Twombly: What did it change, if anything? Discovery disputes: The issues which arise most often, and how to address them. Summary judgment motions: How to win - lose - the Court's attention.) - Demonstrative Evidence (Showing and telling is more effective than simply telling. Showing is effective at all stages of proceedings and in all forums. Think, don't follow, in choosing the best means to show) - A View from the Clerk's Office (Best practices for working with the Clerk's Office. Update on CM/ECF in the Eastern District. The future of electronic filing in the courts)
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Construction Issues for Litigation 
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Abstract: Paralegal Certification and the Effective Use of Paralegals in Construction Cases - Plumbing and Fire Sprinkler Systems - The Effective Use of Experts in Construction Cases - Consolidated Insurance Plans on Construction Projects: The Pros and Cons - Criminal Sanctions Arising from Construction - Ethics (Related Topics: Construction Law, Experts Testimony, CIP, Liens, Bond Law, OSHA)
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Criminal Procedures: New Rules for Sentencing
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Abstract: In two recent landmark decisions, the Supreme Court upended two decades of sentencing law and procedure in the United States and fostered substantial uncertainty among the bench, prosecutors and criminal defense practitioners. The Court's decisions in United States v. Booker and United States v. FanFan held that the United States Sentencing Guidelines were no longer binding on the federal courts, but they should be considered advisory by sentencing judges. Although the decisions end a decades-long dispute about the validity of the USSG, they have also spawned a host of questions about their application prospectively - and possibly retroactively. This TeleSeminar will feature U.S. District Court Judge Paul Cassell (D. Utah), the first federal judge writing an opinion holding the USSG unconstitutional and the first judge to issue a decision interpreting Booker. Judge Cassell will be joined by Douglas Berman and Orin Kerr, leading authorities in their own right on sentencing policy in the United States. (telephone seminar)
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Critical Terms in Criminal Proceedings in Spanish and English (2006) First Edition
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Abstract: This handy, travel-sized book offers a fast way to locate the terms you need to represent your Spanish-speaking clients and guide them through the often confusing criminal justice system. An essential resource for lawyers, interpreters and clients, it address 110 terms commonly used in criminal and traffic proceedings, offers a quick method for finding those terms and translated definitions, and provides plain-language term descriptions in both Spanish and English to explain the intricacies of N.C. criminal law. Following the general procedure from issuance of a complaint to verdict, sentencing and appeal, terms are listed in chronological order, as they typically occur during the criminal process. Includes examples of specific crimes, crimes against the person, property crimes, drug-related crimes, misc. crimes, as well as terms related to traffic offenses. Contains critical information every practitioner must know before handling a case for any non-citizen, such as how crimes are classified and how immigration consequences should be factored into plea strategies. Useful Websites for practitioners handling Latino clients, as well as a community resources section for the Hispanic community (by state and by county) and indices in both Spanish and English complete the book. Developed by the NCBA Hispanic/Latino Lawyers Committee. (Spiral bound)
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Developments in Class Action Lawsuits
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Abstract: In February, Congress passed legislation that would move most larger, multistate class action lawsuits out of state court and into federal court. In addition, the legislation places certain restrictions on contingency fee payments made to attorneys. The change in venue from state courts to federal court for certain types of class action suits is a major development and the culmination of a long legislative struggle. This program will reveiw the practical impact of the legislation on class action litigation and other developments in this area. (telephone seminar)
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