Section CLE Publications

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

To view Health Law CLE Programs, click here.

2007 Update on Advising MD and DDS Practices - Part 1

Abstract: Physician practices and groups are complex business enterprises governed by a wide variety of federal and state statutory regimes. In the last year, these practices have seen their legal and regulatory environment undergo several substantial changes. Including two practitioners with decades advising medical practices, this audio CD provides you with a practical guide to recent developments. Among other topics, the audio CD discusses recent developments in the sale of MD versus DDS practices, sales of personal goodwill, gain-sharing rules, physician billing practices and other proposed Medicare rules. PART 1 topics include: Trends in MD v. DDS practice sales; Physician practices now subject to IDTF rules; Sales of personal goodwill; and Medicare proposal to cover telephone or email encounters for established patients (with payments on par with in-person visits).

2008 Health Law Section Annual Meeting

Abstract: "Stark: Phase III and Promise of More to Come" (Grandfathering and delays in implementation; Lessons learned from the first 120 days of Phase III) ... North Carolina Legislative Update Including Recent Changes in Law Relating to Advance Directives ... Beyond Tort Reform (Medical liability policy; Elements of the health court proposal and comparison with existing systems in the US and overseas; Status of national and state-by-state reform initiatives) ... Practical Tips for Health Lawyers on Intellectual Property Issues (Copyright and trademark - protection and avoiding infringement) ... Current Issues in Payor/Provider Relationships (Many important (and some obscure) laws and regulations govern deals (and "divorces") between health care providers and managed care payors. To distinguish between which contracts must follow North Carolina insurance laws and regulations and how to evaluate a participating provider agreement for compliance with North Carolina mandates.) ... Attorney-Client Privilege ... *Click below on "view TOC" to search the Table of Contents*

2009 Health Law Section Annual Meeting

Abstract: RAC Audits: Corporate Compliance Redux (Recovery Audit Contractors ("RACs"): Pilot program results, Permanent program features and RAC audits) ... Hidden Liabilities in the Electronic Medical Record (The push for electronic medical records and the top 10 reasons why they are here to stay, Risks endemic to electronic medical records including metadata, electronic discovery, medical malpractice and Medical malpractice study: EMRs as both sword and shield) ... Medical Board Hot Topics (Physician profile rules - the public reporting of malpractice settlements and awards, Supervision of allied health professionals and Physician ethics and capital punishment) ... Fiduciary Responsibilities of Directors of Health Care Organizations for Oversight of Quality and Patient Safety: Emerging Theories of Liability (Role of directors in health care organizations, and the emerging theories of liability regarding directors' duties.) ... New Hospice Conditions of Participation (Contract requirements, Nursing facility agreements, Medical director agreements, General inpatient and respite care agreements and Certification surveys) ... Understanding How the Government Regulates Drugs and Medical Devices (FDA regulations of drugs and medical devices; the new administration) ... Thriving and the Legal Profession (Job dissatisfaction and depression)

29th Estate Planning and Fiduciary Law Program

Abstract: Recent Developments ... What's New and What's Left in Sophisticated Life Insurance Techniques ... Litigation Issues in Estate Planning and Administration ... "OOO La La, The Paranoid Planner Returns, This Time With an International Flair!" (effective disposition of asset considerations, situs and treaty issues, and the non-citizen spouse provisions) ... Succession Planning for the Owner of a Closely Held Business ... Operating a Private Foundation ... End of Life Planning ... Community Property for North Carolina Lawyers - What You Don't Know Can Hurt You ... Retirement: Plan Early and Often-Putting Tax-Deferred Accounts to Best Use ... *Staying Out of Trouble with Clients and the State Bar ... Planning to Minimize the Generation-Skipping Transfer Tax ... *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*

Basics and Beyond: Elder Law

Abstract: Practice Management (So you want to be an Elder Law attorney? Organize your time, your clients, and practical marketing tips for building a successful and rewarding Elder Law practice.) ... Supplemental Security Income (SSI) Basics ... Social Security, SSI and Family Law (Public benefit planning in divorce, child support and non-traditional marriages) ... Guardianships and Incapacity (A step by step comprehensive guide for the beginning practitioner from initial filing through termination.) ... Medicaid Estate Recovery ... Medicaid Planning for Nursing Home and Special Assistance ... Appeals (Your planning is denied. How do I appeal?) ... Basic SNT Overview ... SNT Drafting (Sample forms, sample clauses, and important resources for building and maintaining SNT expertise)

Connecting the Dots (2007 Health Law Section Annual Meeting)

Abstract: Stark Exception and Anti-Kickback Safe Harbor for Electronic Health Records and E-Prescribing (Why the rules were implemented?, Requirements of the rules, How institutions can take advantage of the new rules?, Applicable sunset provision on the EHR rules) ... Research Misconduct (What is scientific misconduct?, Key requirements and obligations of institutions, Practical tips on conducting an inquiry and an investigation) ... Physician Non-Compete Agreements (History of non-compete agreements in NC, Recent case law developments, Practical considerations on drafting, enforcing and defending physician non-compete agreements) ... Corporate Practice of Medicine (Point and counterpoint on whether the prohibition against the corporate practice of medicine in NC is alive and well) ... Health Care Fraud and Abuse Investigations (Conducting an internal investigation and the issues and pitfalls involved, Should you self report?, Responding to a governmental investigation, Privilege waivers and other forms of cooperation under the Thompson Memo) ... Ethics (A basic overview of lawyer's ethical responsibility to clients including: Diligence, Communication, Confidentiality, Communications with represented parties, and Unauthorized practice) ... *Click below on "view TOC" to search the Table of Contents*

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)

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*

Health Care Issues in Estate Planning

Abstract: There is a natural tension in health care and estate planning between those who direct health care decisions and trustees who control financial decisions. Health care agents often do not have the power to pay for the care of beneficiaries and trustees, who do have the authority to make payments, often do not have the competence to make health care decisions. Also, many trust documents are written with health care triggers that do not reflect current realities of health care and decision making. This audio CD examines the intersection between health care decision making and trust planning, and provide a practical guide for trust planners in drafting their trust documents. Topics include: Tension between health care agents and trustees: Areas of competence, conflict, and necessary cooperation; Trustees making health care decisions and practical alternatives; Problems with traditional health care triggers in trust documents and Power to remove trustees: Integrated health care and fiduciary considerations.

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.

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

NCBA 2009 Annual Review

Abstract: n/a

NCBA 2009 Annual Review

Abstract: n/a

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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