Section CLE Publications

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

To view Intellectual Property Law CLE Programs, click here.

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 of Franchise Law

Abstract: n/a

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)

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*

Emerging Topics in Intellectual Property Law in the 21st Century (2007 Intellectual Property Law Section Annual Meeting)

Abstract: How to Defend Patent Rights When Uncle Sam is Your Partner (contracting and partnering transactions between the private sector and the government ) ... Franchising - Red Flags and Opportunities (franchise agreements) ... The Intersection of Bankruptcy and Intellectual Property Law (the effect of the automatic stay on infringement actions; disgorgement of license fees as preferences; license agreements as executory contracts; impact of bankruptcy on debtor licensees; protections afforded non-debtor licensees when licensor files for bankruptcy; and the impact on non-debtor licensees of sales "free and clear" of intellectual property that has been licensed to them pre-bankruptcy by the debtor.) ... An Open Source Model ... Intellectual Property and Social Justice: Ethical Obligations and Ethical Opportunities ... Web Site Legal Audits: Evaluating On-line Legal Exposure (domain name registration issues; online intellectual property issues; commercial issues such as advertising rules, warranties and FTC rules impacting web sites; privacy issues; terms of use and several particularly high risk Internet practices) ... Year in Review: Federal Circuit Review (Patent Cases) ... Trends to Watch in U.S. Copyright and Trademark Law ... *Click below on "view TOC" to search the Table of Contents*

Honing Your Intellectual Property Expertise (2009 Intellectual Property Law Section Annual Meeting)

Abstract: When the Spark of Genius Lights the Pre-existing Paper: Obviousness after KSR ( KSR v. Teleflex, 550 U.S. 398 (2007), CAFC/BPAI/PTO) ... TTAB Tune-up: Getting Up to Speed on the Law and the Rules (TTAB rule changes; fraud, intent-to-use, marks doctrine, international convention priority, doctrine of equivalents.) ... Tips for Success Before the Board of Patent Appeals and Interferences (vs. filing an RCE.) ... Copyright Registration Process (Newly adopted Form CO, which replaces Forms PA, TX, VA et. al.) . Hot Topics in Bioethics and Intellectual Property ... Patents: Minimizing Infringement Risk (Interpreting claims, claim construction, Markman rulings, infringement and equivalence) ... Fair Use: How Far Can You Go? (Fourth Circuit jurisprudence on traditional and nominative trademark fair use with an "attempt" to relate these doctrines to the original Lanham Act legislative intent) ... Privacy and Information Security: Compliance and sk Mitigation in Website Operations, Mobile Marketing and Information ity rBreach Response (Website privacy, direct marketing, mobile marketing; o nline behavioral advertising; Information security; Email records t nchallenges, text messaging and phone-over-Internet services) ... Year in Review: Patent Law Update (In re Bilski, 545 F. 3d 943 (Fed. Cir. 2008) ebanc), etc) ... Year in Review: Trademark Law Update

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.

IP Institute for Paralegals

Abstract: Communications 101 for the Legal Professional ... Records Management and File Retention ... Community Design Patent ... Examination Systems and Procedures at the USPTO ... Patent Term Adjustment ... Preventing Procurement Fraud (Preventing procurement fraud in client's registrations and the USPTO's increased scrutiny of plaintiff's claims) ... Advantages/Disadvantages of Filing Trademarks Under CTM or Madrid Protocol ... Trademarks on the Internet (Practical tips for use of trademarks on the Internet and recent trademark/copyright infringement cases with the RIAA) ... *Examining the Ethics of Legal Assisting

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

Patent Cooperation Treaty Comprehensive Seminar

Abstract: A Comprehensive Overview of the PCT System for US Applicants (Traditional patent vs. the PCT) ... Basics of the PCT (international filing; incorporation by reference procedure) ... Filing international applications by US applicants (USPTO as Receiving Office; designation system; PCT Request form) ... Choice of International Authorities for US Applicants (3 options; Advantages of each; reduce ISA/US backlog) ... The International Bureau as Receiving Office - By Choice or By Circumstance (Who can file in RO/IB) ... Electronic filing options (Filing electronically with RO/US using EFS-Web and with RO/IB using PCT-SAFE and fee reductions for using each) ... Signature Requirements, Agents and Common Representatives, Withdrawals (Who can act as agent; common representative; Waiver of power of attorney) ... Claiming priority and furnishing priority documents (international application; PCT Rule 26bis.3) ... International search and written opinion of the ISA International publication and Internet Resources (PATENTSCOPE database; PATENTSCOPE database) ... Filing a demand for international preliminary examination and international preliminary examination (Chapter II examination) ... Amendments under the PCT (Article 19; Article 34) ... *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*

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.

What Business Lawyers Need to Know About Licensing- Part 1

Abstract: Reviewing and drafting software and other technology is an essential component of business transactional practice. Even if a client's business is far removed from the development and marketing of technology, their business likely depends on the internal use of software or other technology. Understanding the crucial components of a license is vitally important in business practice. This audio CD is designed for transactional attorneys who are not intellectual property specialists but who are asked to review and draft licenses. This two-part audio CD provides you with a real-world guide to the most important and highly negotiated provisions of a technology license with an emphasis on software licenses. The audio CD also provides practical drafting tips for software licenses from both the perspective of the licensor and licensee. Day 1 Topics include: Substantive framework of technology and software licensing; Scope of license; Risk management; Warranties and Indemnity.

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