Section CLE Publications

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

To view Elder Law CLE Programs, click here.

"Leap" with Confidence into the DRA Era: Things You Should Know When Representing the Elderly (12th Annual Elder Law Symposium)

Abstract: Basics of DRA: Its Impact in NC (changes, personal service contracts, annuities, transfer rules, lifting or reducing the sanction period, look back rules, non homesite real estate rules, promissory notes loans mortgages, donation gifts) ... Using Hardship Waiver to Your Client's Adv. (process, attorney?, denial of hardship waiver? recourse?) ... When a Client Wants to Give Away the Home Place (retaining a life estate in home place, eligibility for SA and Medicaid, purchase, gift of life estate, reservation of powers, irrevocable trusts, title exam and insurance) ... Tax Traps and Tips (sale of primary residence after moving out, transfer with retained life estate, trusts by children, income tax issues of stock sales, income deduction available for nursing, transfer of life insurance, harming s.s. benefits with income, purchase and liquidation of annuities, IRA distribution issues, forgiveness of indebtedness income, gift tax issues, using parent as a dependent) ... Residents Rights in a Nursing Home (Resident's Rights (Fed and NC) while living in a nursing home or an adult care home, dismissal of a resident, eviction/transfer/discharge and defenses) ... Qualifying for Special Assistance (asst living vs. intermediate care, review of eligibility, transfer of resource, income rules) ... Ethical Considerations ... *Click below on "view TOC" to search the Table of Contents*

13th Annual Elder Law Symposium

Abstract: The Basics of Medicaid Planning (Medicaid rules; Medicaid planning options, annuities, community spouse resource allowance and the income allowance for the community spouse, planning with IRAs and other planning opportunities under the DRA.) ... Tweaking the Elder Law Practice to Achieve the Highest Professional Standards (National Academy of Elder Law Attorneys; the impaired older client and conflict of interest) ... Grantor Trusts (Irrevocable trusts; Tax aspects?; Grantor trusts; Medicaid, tax, NC trust law, proper selection of fiduciaries, proper funding ) ... Veteran's Benefits: Understanding Aid & Attendance Pension Benefits ... ABCs of Non-institutional Programs: Special Assistance and Community Alternative Programs (Special Assistance in a Special Care Unit and the CAP programs) ... Special Needs Planning: It is More than Drafting a Trust ... Preventing Exploitation Perpetrated Using Powers of Attorney (Initial phone call, to drafting, to revocation issues: how can you keep the client safe?; Preventing elder abuse that starts with these documents?) ... Medicaid Planning Issues for Spouses (Plan for IRAs; How to increase the income and/or resources that the spouse is allowed to keep) ... Understanding Emerging Trends in Guardianship Law (Interstate jurisdictional problems; Ward's right to counsel; guardian ad litem)

2007 Estate Planning and Probate Law Survey Course

Abstract: North Carolina Uniform Trust Code ... North Carolina Law of Wills and Trust ... Partnerships, LLCs and Corporations: Estate Planning and Probate Issues ... Property Law: Estate Planning and Probate Issues ... Generation-Skipping ... Transfer Tax ... North Carolina Probate Law - Part II ... Annuities and Life ... Insurance: Estate, Gift and Income Tax Issues ... Guardian and Ward/UTMA ... Family Law: Estate Planning and Probate Issues ... Estate Planning with Powers of Attorney ... Charitable Giving ... Gross Estate ... Valuation of Gross Estate ... Estate Tax: Federal and North Carolina Estate Tax Deductions, Credits and Payment of Tax ... Gift Tax: Federal and North Carolina ... Marital Deduction ... Fiduciary Income Tax of Trusts and Estates ... North Carolina Probate Law - Part I ... Retirement Benefits: Estate Planning and Probate Issues ... *Click below on "view TOC" to search the Table of Contents*

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)

2009 Nursing Home Litigation

Abstract: Assessing Patient Care: A Formula for Reducing Liability Claims Against Skilled Nursing Facilities (Practical Tips to Pass on to Nursing Homes; Practical Tips for Attorneys Reviewing Facility and Medical Records and Documents; Possible Upcoming Issues/Trends in Nursing Home Liability Claims) ... The New Medicare Reimbursement Rates and their Impact on Liability Claims ... An Ounce of Prevention: Anticipatory Protection of Nursing Home Residents ... The Impact of Staffing on the Quality of Nursing Home Care (Low staffing levels and high staff turnover in US nursing homes: a vicious cycle; Current staff reporting mechanism: problems resulting in inaccurate staffing data (OSCAR versus Medicaid Cost Reports accuracy); to improve staff retention and staffing levels among RNs, LVNs and CNAs in nursing homes: some controllable factors) ... Who Do You Represent? Pitfalls and Perils of Representing an Organization ... Who Do You Represent? Pitfalls and Perils of Representing Estates and Incompetents in Nursing Home Litigation ... Interviewing the Defendant Organization's Employees: When Can You, When Should You, When Are You Ethically Prohibited From Doing So?

28th Estate Planning and Fiduciary Law Section Annual Meeting

Abstract: Recent Developments (Recent NC and federal tax rulings and cases) ... Legal Malpractice (Rules of Professional Conduct; Malpractice Liability; estate planning and administration) ... Special Needs and Medicaid Planning (Deficit Reduction Act of 2006) ... Modern Trustee Investing (Uniform Prudent Investor Act, Uniform Principal & Income Act and Uniform Trust Code; IRC §643(b) regulations) ... Death of a Professional - Closing the Solo Practice ... Solving the 3-D Puzzle-Making Sense of Planning for Retirement Accounts ... The Grim Reaper Cometh: Tax Planning for Clients with Short Life Expectancies ... Planning for the End - Anticipating Post-Mortem Issues at the Death of the Owner of a Pass-Through Entity ... Neurobiology of Addiction and Recovery ... To Dream the Impossible Dream: Estate Planning for the Owners of the Family Business ... GRAT v. Installment Sale ... *Click below on "view TOC" to search the Table of Contents*

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*

30th Annual Estate Planning & Fiduciary Law Program

Abstract: Recent Developments (Wealth transfer planning; trust and estate administration and charitable giving.) ... Repeal of NC Rule against Perpetuities ... Trust Decanting: An Overview and Introduction to Creative Planning Opportunities ... Court Proceedings Involving Trusts Sophisticated Asset Protection Planning Tools and Techniques Including Offshore Trusts (Analysis of the decreasing protections afforded by bankruptcy statutes, LLCs, LPs and spendthrift trusts) ... Probate Mediation/Mediation Before the Clerk ... Estate Administration Issues for the Non-Taxable Estate (Insolvent or illiquid estate, elective share rights, summary administration, probate and caveat proceedings) ... When Donors Want to Make the Rules: Dealing with Donor-Imposed Restrictions on Charitable Gifts (Restrictions and limitations; Uniform Prudent Management of Institutional Funds Act.) ... Substance Abuse ... Open Issues and Close Calls - Using Grantor Trusts in Modern Estate Planning ... The Perfect Country Song: A Panel Discussion of Non-Tax Estate Planning and Drafting Along Life's Winding Country Roads (Blended families, problem assets/beneficiaries, creative distributions from trusts, Trustee selection, and equalizing distributions among beneficiaries.)

Advanced Planning & Drafting

Abstract: New Directions or the Well Worn Path? Best Practices of Trust and Estate Attorneys (IRA distribution, trust accounting income, proper application of the separate share rules, private unitrust vs. unitrust conversion. Irrevocable life insurance trust, maximizing estate income tax deductions not subject to the 2% floor, maximizing the credit shelter trust through the Hubert regulations, facilitating the making of a 754 election on death of a partner or LLC member.) ... Attorney-Client Privilege and other Ethical Considerations in Estate Planning ... Planning for the Executive Compensation and Benefits (stock options, restricted stock, employer stock, qualified and non-qualified retirement plans) ... The Rule Against Perpetuities and the NC Estate Planner (Multi-generational planning within NC. Income tax considerations regarding multi-generational trusts and estate and GST tax considerations.) ... It's Better to Give When It is Less Taxing (valuation discounts and leverage, defined value clauses, installment sales, grantor trusts, incomplete gifts, and charitable giving.) ... *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*

Bankruptcy for the Non-Bankruptcy Attorney

Abstract: n/a

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)

Basics of Elder Law (2007)

Abstract: Understanding Dementia (Types of dementia; dealing with the dementia patient and his caregiver) ... Planning for Disability: Medical Directives (Living wills, medical powers of attorney and health care proxies) ... Planning for Disability: Appointing Financial Agents (durable general powers of attorney) ... Incompetency and Guardianship ... Long-term Care Issues (Nursing homes, adult care facilities, board and care, CCRCs - including contract review, admission, level of care, transfers and discharges, medication/restraint issues, and other patient rights issues) ... Personal Injury on Behalf of Older Persons (Medical/nursing malpractice, negligence of health care providers and senior safety issues) ... Special Needs Trust Overview ... Benefit Programs That May Help with Cost of Long-term Care (Medicaid for the Aged, Blind and Disabled; State-County Special Assistance and PLA Medicaid)... *Click below on "view TOC" to search the Table of Contents*

Basics of Estate Administration ("You A-Z Guide")

Abstract: Pre-Qual Procedures ... Summary Admin and Small Estate Admin (Assets not subject to admin; small estates; summary admin; family allowances; estates composed of real estate only and transfers of motor vehicles) ... Qual and Post-Qual Procedures (Qual procedures for testate and intestate estates; determination of beneficiaries, etc.) ... Handling Assets (Handling bank accounts; CDs, stocks, bonds, mutual funds, DRIP accounts, life insurance, government bonds, income tax refunds, real property, tangible personal property, motor vehicles, mobile homes and beneficial interests in trusts and other estates) ... Handling Retirement Accounts (employee benefit plans, individual retirement accounts and annuities) ... Handling Business Assets (sole proprietorship, partnerships, LLCs, C and S corps and professional corps) ... Inventories, Accounting and Distributions (Inventories; annual and final accounts; distributions and apportionment of taxes) Estate Taxation (Fed and NC estate taxes) ... Decedent's Tax Returns (Final income tax returns; estate and trust income tax returns; gift tax returns and tax returns for other states) ... Guardianship (Guardianship practice and procedure; use of guardianship; standby guardians for minor children; guardianship alternatives; NC Uniform Transfers to Minors Act and NC Uniform Custodial Trust Act)

Basics of Will and Revocable Trust Drafting (2008)

Abstract: Basics of Estate Planning (Definition of estate planning; goals and objectives; significance of title, form or ownership and beneficiary designations; types of wills; statutory alternatives to wills; durable powers of attorney; health care powers of attorney; living wills; basic transfer tax concepts) ... Will Drafting: Non-Tax Issues (Exordium clause; payment of debts and other claims against the estate; funeral, burial or cremation instructions; devise of tangible personal property, real property and residuary estate; execution procedures) ... Will Drafting: Tax Issues (Planning for estate tax savings with marital and credit shelter trusts; tax implications of fiduciary selection and fiduciary powers) ... Revocable Trust Drafting (Uses of revocable trusts; funding issues and transfer of assets to trusts; disposition of personal property and real property; integration of tax planning strategies) ... *Click below on "view TOC" to search the Table of Contents*

Beyond the Basics of Elder Law

Abstract: Understanding Dementia (Understanding Dementia?; Types of dementia; Dealing with the dementia patient and his caregiver) ... Planning for Disability: North Carolina's New Medical Directives (Advance Directive for a Natural Death (living will); Health Care Power of Attorney; The Medical Order for Scope of Treatment (MOST)) ... Planning for Disability: Appointing Financial Agents (Taking a new look at durable general powers of attorney from the elder's perspective; Gifting and exploitation) ... Advising or Being the Fiduciary in a Guardianship (Taking on a fiduciary practice or counseling those who are guardians) ... Housing and Long-term Care Issues (When the elder can no longer live alone at home, housing options and issues) ... Current Issues in Special Needs Trusts (Using SNTs to help elderly clients or clients with disabilities; Issues in drafting, funding and administering these trusts) ... Practical Medicaid Issues following North Carolina's Implementation of DRA (Coping with recent regulatory changes: trusts, annuities, mortgages, deeds, gifting; the application; undue hardship) ... *Click below on "view TOC" to search the Table of Contents*

Client Incapacity & Special Needs Trusts

Abstract: Special Needs Trusts are special types of trusts that preserve the eligibility of the disabled for Medicare and Medicaid benefits even though they may have other personal or family resources available for their support. SNTs are used by parents to provide for their disabled children or by persons who have become disabled to provide for their own long-term care. There are different types of trust, each with their own eligibility standards and potential traps. This audio CD is designed to provide you a practical guide to using SNTs - planning for and administering trusts, integrating them into larger estate plans, and drafting tips and common traps for the planner and clients. Topics include: Types of Special Needs Trusts (SNTs); Eligibility standards; Drafting tips and traps; Integration of special needs trusts within larger estate plans of family; Selecting trustees and pooled trusts and Administration of SNTs.

Dealmakers & Deal Breakers: Coordinating Business and Estate Planning Goals

Abstract: Nuts & Bolts, Choice of Entity Considerations and Tools and Techniques (How entity considerations impact future planning opportunities, including liquidity events, estate planning, charitable planning and business succession planning. Topics include: Choice of entity considerations in business formations; How to structure effective estate planning techniques; Use of entities in charitable gift planning; What types of tax consequences to expect and look for in a liquidity event; How to effectively utilize business succession planning techniques.) ... Softer Side of Succession Planning/Social and Psychological Issues ... Funding Buy/Sell Agreements with Insurance (Goals - ensure business viability and orderly transfer of business control; Challenges - triggering events; types of funding mechanisms and insurability; Relationship between business valuation and insurance planning; Insurance funding - selection; Types of buy/sell arrangements - structure; Effect of choice of business entity on buy/sell structure and selection of insurance) ... Valuation Issues ... *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*

Elder Law: Reverse Mortgages, Long-Term Care Insurance, and Planning for Old Age

Abstract: Perhaps the biggest and most fearful challenge for clients as they approach old age is providing for their long-term care and maintenance. Rising institutional and home health care costs, together with longer life expectancy, has made this a particularly widespread and urgent concern. This audio CD provides you a practical guide to three techniques for funding long-term care. The audio CD discusses the types of long-term care insurance and their uses in planning for old age. Also, the audio CD discusses the real-world risks and opportunities of "reverse mortgage" products. Finally, the audio CD covers Medicare/Medicaid funding of long-term care. Topics include: Uses of long-term care insurance in estate planning for the elderly; Medicaid/Medicare considerations in planning the elderly; Opportunities and risks of using reverse mortgages; Common planning traps.

Elder Law: What's Important Now (11th Annual Elder Law Symposium)

Abstract: Special Needs Trusts: Caregiving and Budgeting Considerations (statutory and drafting considerations involved in using a case manager and life care plan) ... Deficit Reduction Act Answers (Affect on Medicaid eligibility for NC residents) ... Recent Developments (changes in NC statutes and cases (excluding DRA)) ... Ethical Considerations in the Contested Guardianship Special Needs (d)(4)(c) Pooled Trusts: Creation and Administration (Medicaid and SSI; drafting, funding and administering a Pooled Trust) ... Real Estate Mechanics (real estate deed transfers, including transfers between spouses, transfers to and from spouses, gift deeds, warranty/non-warranty deeds, title insurance and more) ... Use of Annuities for Medicaid Eligibility (annuities under DRA) ... *Click below on "view TOC" to search the Table of Contents*

End-of-Life Planning: New Living Will, Health Care Power of Attorney and Organ Donation Statutes

Abstract: House Bill 634 Overview (The lack of clarity in NC's previous living will and health care power of attorney statutes and the statutory clarifications made in H634. New statutory forms and the new rules resolving any conflicts between different patient instructions.) ... The MOST Form - Background (Medical needs that the MOST addresses and how patients can use it to enhance their health care directives. Interplay with living wills and health care powers of attorney) ... Use of and Variations on the Statutory Forms (Pros and cons of using (a) both the living will and the health care power of attorney, (b) only the living will and (c) only the health care power of attorney.) ... The Realities of End-of-Life Situations (Medical aspects of withholding life-prolonging measures and dispel common misconceptions. "Artificial nutrition and hydration" and to comfort care in end-of-life situations. How health care pros address family conflicts in end of life situations, both with and without advance directives. The role of medical ethicists and ethics committees in end-of-life situations.) ... New Organ Donation Law (New organ donation statute and the changes to funeral statutes and the interplay with Living Will and Health Care Power of Attorney.) ... *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

Health Care Issues in Estate Planning: Proxies, Organ Donors, Living Wills, and Directives

Abstract: The population of the elderly is growing rapidly. Medical science and nutrition have contributed to substantially longer life spans. Because of these developments, estate planners have an increasing number of aged clients. This brings into renewed focus the host of health care issues that estate and trust planners must be cognizant of as they advise their clients not only about the transfers of property but also about their essential physical care in the later stages of life. This audio CD provides estate planners with a practical guide to health care issues as they advise their clients on estate and trust plans. Topics include: Health directives; HIPPA and access to patient information; Organ donations; Health care powers of attorney and proxies; Use of revocable trusts.

Health Law Primer

Abstract: Mental Health/Substance Abuse ... HIPAA (federal privacy law and its impact on health care providers) ... Medico-Legal Guidelines (As revised in 2005; proposed additions) ... Health Care Business Entities (Types: sole proprietorship, partnership, LLC, corporation or professional association?; Regulatory concerns affecting business formation, including Stark, Anti-Kickback Statute and the NC Self-Referral Statute; Business formation: certificate of need law, corporate practice of medicine doctrine and state licensure) ... Provider Payment Issues (Private pay; Third party payors (Medicare, Medicaid, COBRA, Group Health Insurance, Provider liens and Workers' Comp); Third party payment issues) ... Professional Regulation (N.C. Medical Board's disciplinary hearing process; Recent legislation) ... Introduction to CON and Facility Licensure (When is a CON required?; Application to appeals; CON, licensure and certification; NC facility licensure laws) ... Fraud and Abuse, Stark (state and federal laws regarding kickbacks and physician self-referral) ... *Click below on "view TOC" to search the Table of Contents*

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

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*

Separation of Powers Under the Federal and North Carolina Constitutions (Constitutional Rights and Responsibility Law Section Annual Meeting)

Abstract: Overview of Separation of Powers Philosophy Under the Federal and North Carolina Constitutions ... North Carolina Separation of Powers: Where We've Been and Where We're Headed ... The Practical Aspects of Separation of Powers in North Carolina ... Separation of Powers during the "War on Terror" ... Presidential Signing Statements (habeas corpus, separation of powers doctrine) ... *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 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.

The Marital Deduction: Planning, Funding & Distributing

Abstract: History of Marital Deduction & Marital Deduction Planning ... Planning & Drafting Marital Deduction Formula Bequests ... Income and Estate Tax Effects of the Pecuniary & Fractional Marital Deduction Formulas ... Funding the Marital Trust and Making Distribution ... Choosing a Proper Trustee (code section 2056, marital bequests, pecuniary marital bequests, fractional formula bequests, basic tax principals, estate taxation, family share, trust funding, distributions, will and trust, marital formula, trustee selection, family dynamics) ... *Click below on "view TOC" to search the Table of Contents*

The Marital Deduction: Planning, Funding and Distributing

Abstract: *Qualifies for NC State Bar Estate Planning & Fiduciary Law Specialization Credit* ... History of Marital Deduction and Marital Deduction Planning (Code Section 2056) ... Planning and Drafting Marital Deduction Formula Bequests (Types of marital bequests and pecuniary marital bequests, typical situations; appropriate use of this approach; Analysis of fractional formula bequests) ... Choosing a Proper Trustee (After a marital formula has been wisely selected and the trust has been cleverly designed, choose the correct trustee: entails sensitivity to family dynamics and an understanding of the law) ... Income and Estate Tax Effects of the Pecuniary and Fractional Marital Deduction Formulas (Application of basic tax principles applicable to the pecuniary and fractional marital bequest formulas and how the choice of the marital formula will ultimately affect both estate taxation and the amount ultimately passing to either the marital or family share of the estate) ... Funding the Marital Trust and Making Distribution ... Panel Discussion: Where are we Headed in Transfer Tax Planning (Transition from one administration to another with budget deficits spiraling; what changes can we expect from the Democratic-controlled Congress, the Obama administration and the NC General Assembly)

Toolbox for the General Practitioner: From A to GP (GP, Small Firm & Solo Section Annual Meeting)

Abstract: Local Government Regulations and Land Use (Zoning, subdivision, storm water, steep slope, etc., that affect the usefulness of the property being acquired by a client.) ... Essential Technology for the Small Law Office (Strategic planning; the systems you need to deliver ethical, cost-effective and professional legal services. Legal-specific applications, including technologies related to calendars, dockets, tickler systems, conflict screening, handling client files and communicating with clients. Get a budget-minded roadmap for all the technologies you'll need to succeed in the practice of law - whether you're "suddenly solo" or just in need of a techno-overhaul.) ... Introduction to Administrative Law (Clients applying for professional license? Representing a client before a disciplinary committee of a professional licensing board? Practical pointers and the main rules) ... Will and Estate Planning (Drafting tips) ... Avoiding Common Ethical Pitfalls - Advice for General Practitioners (Trust accounts, client communication, fee agreements and staff supervision) ... Real Property: Mechanics Liens (An in depth look at the expanding problem with mechanics liens and the effect on real estate closings. Don't be ambushed, be prepared and protect your client.)

Transfer Taxation, Estate Audits & Estate Administration

Abstract: *Qualifies for NC State Bar Estate Planning & Fiduciary Law Specialization Credit* ... Overview of the Transfer Tax System (Federal and NC estate, gift and generation-skipping transfer taxes) ... Giving it Away (Intermediate techniques for reducing taxable estate with lifetime gifts) ... Charitable Giving Techniques (Drafting and funding of private foundations and other charitable trusts) ... Fiduciary Income Taxation of Estates and Trusts Made Easy ... Estate Tax Audits and Procedure (Dealing with the IRS and revenue departments) ... Intermediate Estate and Trust Administration Issues (Real property, multi-state, Uniform Trust Code and other issues encountered in administering estates and trusts) ... View from the AOC (Update from the Administrative Office of the Courts: what might be in store "down at the Clerk's office," and timely "do's and don'ts" to observe while shepherding an estate through administration) ... Retirement Plans and Beneficiary Designation (How to deal with retirement plan distributions, trusts as beneficiaries, rules on splitting IRAs, and other tricky beneficiary designation issues)

Transfer Taxation, Estate Audits & Estate Administration

Abstract: Overview of the Transfer Tax System (Federal and NC estate, gift and generation-skipping transfer taxes) ... Giving it Away (Techniques for reducing taxable estate with lifetime gifts) ... Charitable Giving Techniques (Drafting and funding of private foundations and other charitable trusts.) ... Fiduciary Income Taxation of Estates and Trusts Made Easy ... Estate Tax Audits & Procedure (Dealing with the IRS and revenue departments) ... Intermediate Estate & Trust Administration Issues (Overview of real property, multi-state, Uniform Trust Code and other issues encountered in administering estates and trusts) ... View from the AOC ... Retirement Plans and Beneficiary Designations (How to deal with retirement plan distributions, trusts as beneficiaries, rules on splitting IRAs, and other tricky beneficiary designation issues) ... *Click below on "view TOC" to search the Table of Contents*

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