Section CLE Publications

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

To view Real Property CLE Programs, click here.

2008 Legal Assistants Division Annual Meeting (10th Anniversary)

Abstract: Technology Panel Discussion (the effect of technology within their respective offices and advances in remote public records access and electronic filing/recording.) ... Title Insurance Endorsements ... Alienation of Affection and Criminal Conversation ... LLCs - Structure and Comparisons ... §1031 Tax Deferred Exchanges ... E-Discovery ... UCC Filing Under Revised Article 9 ... "Green" Building and Regulatory Developments ... Taking the Devil Out of the Details: Understanding the Contracting Process ... Appellate Rules Violations (Find out from the North Carolina Solicitor General how rules violations are being handled by our appellate courts and how to avoid common pitfalls under the rules.) ... Managing Microsoft Outlook (Work smarter, not harder, and take control of your inbox.) ... Ethics Revisited ... *Click below on "view TOC" to search the Table of Contents*

2009 Real Property Hot Topics

Abstract: *Qualifies for NC State Bar Real Property Specialization Credit* ... Acquisition/Development Due Diligence (Site plans; Permitting and entitlement process; Resolution of common title and survey issues) ... Ground Leases (Lender's perspective; Assignments and subleases; casualty and condemnation provisions) ... Tenant, Landlord and Lender perspective ... Understanding Insurance Coverage (Builders' Risk, Hazard and General Liability; Certificate of Insurance vs. Policy as evidence of coverage; Environmental Liability coverage; self-insurance and tenants) ... State of the Market (How lending practices have changed and emerging trends in the wake of the recent turbulence in the capital and credit markets) ... Update on Lien Law & Procedure (Contractor/subcontractor liens, perfection and enforcement; Lien waivers, discharge of liens, bankruptcy implications; Recent statutory revisions and case law; Construction lending and title issues) ... "I'm Not Schizophrenic, I'm Just a Real Estate Lawyer: Ethical Issues for Real Property Attorneys" (Dealing with Real And Perceived Conflicts; Dear State Bar: Define "Supervise"; A New Perfume: Attracting Clients "Electronically") ... Negotiating Loan Document Provisions (Default provisions, due on sale clauses, casualty and condemnation provisions and practical responses to such provisions)

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 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*

Build On It: 2008 Hot Topics in Commercial Real Property

Abstract: n/a

Choice of Entity for Real Estate Deals

Abstract: Choosing the right form of entity for a real estate deal has never been so important. With the credit markets in turmoil and real estate values falling, choosing the right entity can have a substantial impact on the potential success of the underlying deal. How do different types of deals impact the choice of entity? What kind of investors are in the deal - institutional or individual? How do you balance operational flexibility and predictability? How do you efficiently utilize losses coming off of the deal? What is the end-game or planned liquidity event? There are no easy answers to these questions, but this audio CD provides you an extended exploration of the choices of available and when they are best utilized. Topics include: Impact of credit crisis and economic turbulence on choice of entity; Types of deals: Development, income, resale deals; Form of ownership of underlying property: tenancy in common, joint tenancy, and more; Tax impact of distributions on entity and investors and Efficient utilization of losses.ion of losses.

Commercial Real Estate Loan Documentation - Part 1

Abstract: Obtaining a commercial loan has become substantially more difficult recently as banks tighten their underwriting standards in reaction to growing defaults and other adverse market trends. Even if a borrower can get a commitment for a loan, the diligence and documentation process has become more onerous. This audio CD is a guide to negotiating and drafting the operative agreements of a commercial loan in a difficult credit environment. The audio CD covers the key financial metrics that creditors need to see in a prospective deal, commitment letters, opinion letters of counsel, and the documentation the borrowers need to bring to the table. The audio CD covers negotiating and drafting the key provisions of the operative agreements - the loan agreement, the promissory note and the security agreement. This audio CD is essential learning for anyone advising clients on obtaining a commercial loan. Topics include: Key financial metrics and how they are changing with stricter underwriting standards; Letters of intent and commitment letters; Special issues depending on type of borrower - LLCs, corporations, partnerships; Opinion letters of counsel; Appraisal and title issues and Documentation on borrower.

Commercial Real Estate Loan Documentation - Part 2

Abstract: Obtaining a commercial loan has become substantially more difficult recently as banks tighten their underwriting standards in reaction to growing defaults and other adverse market trends. Even if a borrower can get a commitment for a loan, the diligence and documentation process has become more onerous. This audio CD is a guide to negotiating and drafting the operative agreements of a commercial loan in a difficult credit environment. The audio CD covers the key financial metrics that creditors need to see in a prospective deal, commitment letters, opinion letters of counsel, and the documentation the borrowers need to bring to the table. The program covers negotiating and drafting the key provisions of the operative agreements - the loan agreement, the promissory note and the security agreement. This audio CD is essential learning for anyone advising clients on obtaining a commercial loan. Topics include: Framework of loan agreement, promissory note, and security agreement; Personal guarantees and waivers; Key economic provisions; Reps and warranties and Negotiating tips for borrowers in a difficult borrowing environment.

Condominium Law in North Carolina, Douglas Scott MacGregor, Esq

Abstract: Condominium law is a fast growing practice area that encompasses both real property and corporate law principles, but is governed in North Carolina by the extensive Uniform Condominium Act. It combines traditional fee simple ownership with a shared interest in commonly owned property and adds a community "government" by requiring an association with an elected Board of Directors. North Carolina Condominium Law is a practical guide and comprehensive analysis of the law governing condominiums in North Carolina. It treats the prior North Carolina Unit Ownership Act and its current applicability; the Condominium Declaration, its contents, amendment, enforcement, and judicial construction; Purchaser protections, both state and federal; Associations, their creation, powers, and duties; Assessments for common expenses; Condominium rules and regulations; Conversion of existing properties to condominium ownership. Douglas MacGregor has written about condominiums and community associations for over 25 years. His books include Florida Condominium Law and Condominium Law in South Carolina.

Construction Contracts with North Carolina Local Governments, Fourth Edition 2007

Abstract: A reference for those involved in the North Carolina local government construction process. It presents local government construction law in a readable format designed for quick reference. The book explains formal and informal bidding, standards for awarding bids, bid withdrawals, and exceptions to the bidding procedures. It also covers change orders, design and bidding rules for public buildings and avoidance of favoritism in public contracts.

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)

Do You Have a "Plan B"? (2009 Real Property Section Annual Meeting)

Abstract: *Qualifies for NC State Bar Real Property Specialization Credit* ... Lien by Ambush Makes for Unhappy Clients (Mechanics Lien; Mechanics Lien Assessments and Underwriting Decisions) ... Leasing Issues in a Troubled Economy (Concessions and Dealing with Economic Issues: Landlord, Lender, and Tenant) ... Joint Ventures - One Alternative to Financing a Deal without Traditional Financing (Choice of Entity and Jurisdiction; Management Structures and Issues, Member Contributions and Distributions; Tax Issues and Exit Options) ... Case Law Update ... The Ethics Opinion on Audit of Real Estate Trust Accounts by Title Insurers ... What I Learned about Ethics from Roy Williams (Creation a proper mindset; Learning from the mistakes of others and learning how to avoid the traps that exist) ... Loan Workouts and Forbearance Agreements (Crisis management when alternative financing is not available at any price; What should be the objectives of each party given falling real estate values and single asset entities that pose practical and legal obstacles to traditional alternatives to workouts; Risks of the lender in seeking too much) ... Appealing Tax Valuations (Understanding the assessment process; The appraisal of real property for property tax purposes; The nuts and bolts of property tax appeals) ... Legislative Update

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*

Eminent Domain Series - Part 1: Fundamental Concepts of Condemnation & Pre-Condemnation Issues

Abstract: In this the first of a three-part series, this audio CD covers the core law applicable governing property seizures by the government, pre-litigation considerations for the seizing party and key litigation considerations for property owners and the seizing party. This audio CD lays the foundation for the two that follow: fundamental principles of eminent domain; pre-condemnation considerations for condemning party and property owners; procedural considerations for the seizing party and Litigation strategies and tactics for property owners.

Estate Planning for Retirement Benefits

Abstract: Personal retirement accounts - traditional IRAs, Roth IRAs, 401(k)s - are the biggest source of liquid retirement assets for most people. Steep declines in real estate values have diminished the value of the other big source of retirement assets - personal residences. Stock market turbulence has also added a substantial degree of uncertainty to estate planning with these plans. This audio CD provides you a practical guide to estate planning for retirement benefits in a troubled market, including valuing IRAs in an erratic and volatile stock market, avoiding designation of beneficiary traps, new developments in charitable transfers, and many other issues. Topics include: Valuing IRAs in a market downturn; Designation of beneficiary traps and techniques; Martial trust issues; Non-spousal rollovers; Developments in charitable direct transfers and What constitutes a distribution or disposition for Section 2032 purposes.

Ethics in Real Estate Practice

Abstract: Real estate law practice is fraught with potential ethics pitfalls. This audio CD reviews the most common fact situations where real estate transactional attorneys expose themselves to ethical complaints and potential liability. The audio CD covers conflicts of interest and confidentiality. The audio CD also focuses on the special ethical issues arising when real estate attorneys work with non-attorney real estate professionals and unrepresented parties. Topics include: Conflicts of interest; Confidentiality; Working with non-attorney real estate professionals and Unrepresented parties.

Foreclosures in North Carolina

Abstract: *Legislative Update and Professional Responsibility Related to Foreclosure (*Ethics) (Proposed legislation relating to foreclosure in light of the current mortgage crisis; Review of the ethical considerations for the foreclosing trustee.) ... Power of Sale Procedure and Practice (Review of a foreclosure proceeding pursuant to a power of sale, including statutory framework for the proceeding) ... Foreclosure from the Clerk's Perspective (Power of Sale foreclosure; postponements, setting aside a sale, defaulting bidders and surplus proceeds.) ... Foreclosures from the Title Examiners Perspective (The title examination appropriate to conduct a proper foreclosure and who should be given notice of the proceedings during the foreclosure process.) ... Litigation and Claims in the Foreclosure Process (Litigation and claims processing that arise in the foreclosure process, including reformation actions, appeals and bankruptcy from a title insurer's perspective.) ... Panel Discussion (Miscellaneous related topics including alternatives to foreclosure, deeds in lieu of foreclosure, loan workouts, action on Notes, etc.) ... *Click below on "view TOC" to search the Table of Contents*

Hotel Development Projects and Agreements: A Practical Guide to A Growth Area

Abstract: The market for hotel development has been exceptionally strong for several years and continues to show strength despite general declines in real estate activity and a tightening in the credit markets. Hotel development projects are more complex than a typical real estate deal - they often involve franchise agreements with national or regional brands, sophisticated management agreements and finance deals tied to specific operational metrics. Led by leaders in this area of practice, this audio CD provides you a practical framework for putting together a hotel development deal from working with franchisors and management companies to the economic structure of the industry and securing financing in a difficult lending environment. Topics include: Economic structure of hotel development agreements; Key elements of hotel franchise and management agreements; Sale and purchase agreements and Finance issues - key metrics, pressure points, and changing lending environment.

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.

Key Principles of Residential Real Estate Buy-Sell and Brokerage Agreements

Abstract: The most common real estate transaction for most people is the acquisition of a personal residence. The reams of paper that they encounter when engaging a broker and entering into a buy-sell contact can be intimidating -- and they may engage legal counsel to guide them through the process. This audio CD is a practical guide to the key elements of negotiating and drafting brokerage and buy-sell agreements in residential real estate transactions.

Lien on Me: When Developers, Liens and Title Insurance Collide (A Joint Program of the Construction Law and Real Property Sections)

Abstract: Liens on Real Estate and Funds (Gain an understanding of the recent changes to NC lien law and prepare for the impact to owners (commercial and residential) from the O & M Industries decision. ... Title Insurance Issues for Developers: Look Before You Leap (Basic underwriting requirements for issuing construction loan commitments and policies: Common ALTA endorsements for loan policies (requirements and coverage), Policy endorsements to reflect changes to deeds of trust, Lien waiver requirements in various common construction situations.) ... Panel Discussion (Hear from attorneys that were in the trenches when a multimillion dollar mixed commercial and residential development project that spanned two counties got off track and resulted in +30 lawsuits as well as complex and novel issues with liens, title insurance and deeds of trust.) ... Equitable Subrogation (Learn about the conflict between deeds of trust vs. liens and how the courts are resolving the issue of priority in a race based real property state.) ... Deeds of Trust / Foreclosure / Priority (Competing interests of lenders, holders of materialman's liens, and judgment creditors.) ... *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*

NC Foreclosure Prevention Project

Abstract: *Qualifies for NC State Bar Real Property and Bankruptcy Specialization Credit* ... Introduction to the State Foreclosure Prevention Project (Explanation of HB 2623 "Emergency Foreclosure Reduction Act" and the role of the State Home Foreclosure Prevention Project in seeking to reduce and avoid foreclosures in NC.) ... Overview of Primary Consumer Mortgage Protections (NC's Predatory Lending Act and Mortgage Lending Act and other regulations regarding consumers, mortgage lenders, brokers and servicers.) ... Explanation of the "Red-Flag Review" (Designed to determine potential violations of NC and Fed law for OCOB to review.) ... Representation of Borrowers in Loss Mitigation and Beyond ... Negotiating With the "Full Playing Field" in View (Potential mortgage-related issues for attorneys who wish to negotiate for homeowners. Issues that go beyond the violations of law covered in the "Red-Flag Review" session such as, servicing issues, federal regulations and unfair trade practices.) ... The Foreclosure Process and Claims and Defenses (The procedural elements, evidentiary issues involved in litigating affirmative cases to prevent foreclosure.) ... Negotiating (The process by which loan servicers, holders and their attorneys handle loss mitigation claims and negotiation of modification agreements.)

NCBA 2009 Annual Review

Abstract: n/a

Negotiating & Drafting Office Leases and Retail Leases - Part 1: Office Leases

Abstract: This audio CD focuses on how tenants can exit or otherwise renegotiate office and retail leases and the practical responses of landlords. The leasing market has changed dramatically in the current economic environment. Tenants are on the offense, giving back some or all of their space and/or demanding financial concessions from their landlords. Landlords with mortgages on their properties are struggling to refinance and cope with the changed landscape. The first part of this two part audio CD focuses on the new realities of renegotiating office leases and the problem of "shadow tenants" for landlords in refinancing their properties and with regard to property taxes. The second part focuses on major issues in renegotiating or terminating retail leases in light of widespread retail business defaults and bankruptcies. Part 1 (Office Leasing) topics include: Renegotiating office space leases; How "shadow tenants" jeopardize economic stability of a buildings; Refinancing and other lender issues; Property tax problems with shadow tenants and Marketing and subletting space.

Negotiating & Drafting Office Leases and Retail Leases - Part 1: Office Leases

Negotiating & Drafting Office Leases and Retail Leases - Part 2: Retail Leases

Abstract: This audio CD focuses on how tenants can exit or otherwise renegotiate office and retail leases and the practical responses of landlords. The leasing market has changed dramatically in the current economic environment. Tenants are on the offense, giving back some or all of their space and/or demanding financial concessions from their landlords. Landlords with mortgages on their properties are struggling to refinance and cope with the changed landscape. The first part of this two part audio CD focuses on the new realities of renegotiating office leases and the problem of "shadow tenants" for landlords in refinancing their properties and with regard to property taxes. The second part focuses on major issues in renegotiating or terminating retail leases in light of widespread retail business defaults and bankruptcies. Part 2 (Retail Leasing) topics include: Impact of spreading retail bankruptcies and defaults on retail space leasing; Make-ups and Give-backs: Lease renegotiation strategies for tenants and practical responses of landlords; Assuming or rejecting a lease in bankruptcy and Rules of thumb for determining whether litigation is viable.

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)

North Carolina Real Property Forms Book & Forms CD (2003) Second Edition, CD Version 1.0.0

Abstract: Available at discounted rate for members of the Real Property Section. The Book and CD contain the same documents; hardcopy v. electronic copy (plus built-in search feature on CD). Note: The copyrighted?N.C. Bar Forms are samples only. 300+ forms are included under these categories; Cancellations of Deed of Trust - Checklist - Closing Affidavits - Co-tenancy Agreements - Contracts - Corporate/Business - Easement And Rights of Way - Engagement Letters - Environmental Forms - Escrow Agreements - Financing Documents - Foreclosure - Leases & Lease Provisions - License Agreements - Like Kind Exchange - Management Agreements - Mechanics Liens - Memoranda And Other Agreements - Mobile Homes - Notary Acknowledgments - Subdivision, Homeowner and Condo Documents - Zoning. Forms CD is only compatible with Microsoft operating systems and is programmed specifically for PC computers.

Planning for a Successful Real Estate Closing

Abstract: Successfully closing a commercial real estate transaction can be a substantial challenge. Every frailty in the deal comes back to the forefront and mix with last-minute logistical challenges. It is the moment when the deal is realized - or falls apart. Many closing trouble spots are exacerbated in the current environment of distressed properties, foreclosures and tight credit. This audio CD is designed as a practical guide to anticipating challenges that arise at closing and putting in place plans to resolve them before the deal fails. Among other topics, the audio CD covers title and insurance issues, opinion letters, lender and wiring issues, and special issues involving transactions with distressed properties. Topics include: Title Issues: clearing title and insuring risk; Opinion and estoppel letter delays; Wiring issues and logistical concerns; Special issues involved with foreclosure and distressed properties; Finance issues in a tight credit environment and Last minute credits and prorations.

Power of Strategy: Mastering Advanced §1031 Exchange Concepts

Abstract: The objective of this audio CD is to enlighten the participant in the many important aspects of Internal Revenue Code 1031. This audio CD is comprehensive, covering all pertinent regulations, major cases and developments. The audio CD includes a discussion of the most advanced exchanges such as Revenue Procedure 2000-37 and various "parking arrangement" structures. Topics include: The delayed exchange with a qualified intermediary; Delayed exchange identification requirements; Relevant issues for real estate agents and brokers; The reverse exchange; The improvement exchange; Sales v. exchange and Choosing a qualified intermediary.

Practicing Construction Law in the Current Economic Crisis (2009 Winter Construction Law Program)

Abstract: Public Contracting and Bid Challenges in a Down Economy (Public bidding req's; Rules relating to withdrawing a bid; Making claims against bid bonds; Standards for awarding public contracts; Bid challenge procedures) ... Representing MWBEs and Satisfying Public Entity MWBE Req's (Minority business participation req's on public projects; Statewide Uniform Certification Program; Policy considerations for public entities to increase and improve minority participation) ... Pursuing and Defending Lien Claims When They Really Matter (Embree equitable liens on construction loan proceeds; the doctrine of instantaneous seisin; Apportionment of liens on multiple lots) ... Insurance and Liability Concerns for Dead and Dying Projects (Contractor goes bankrupt - but the Surety will handle it right?; Insurance Company Solvency - Remember AIG?; Exclusions - You expect the insurance company to actual pay!) ... Takeover Projects - Making Money and Avoiding Liability (The Project is Failing - perspectives from the owner (public and private), the contractor, subcontractors, and the surety; What are the alternatives to letting a project die - work with the contractor, tender to the surety, or terminate and complete with a new contractor) ... Is It Stress? How to Avoid Heart Attacks and Strokes

Real Estate Deals With Little or No Leverage

Abstract: Commercial real estate is undergoing a dramatic wave of deleveraging - the process of reducing the amount of debt in the capital structure of a real estate project and increasing the amount of equity. Deleveraging is having a profound impact on the economics of both existing and new deals. Debt is generally not available and projects have to rely on more equity than in the past, which in turn fundamentally alters the underlying economics of deals. This audio CD examines the new economics of real estate deals, how existing projects are coping with an inability to obtain replacement financing, and how new deals are being structured with little debt and far more equity. Topics include: New economics of real estate deals in a deleveraged environment; Transitioning old deals to structures with less debt and more equity; Deal terms and demands by equity investors in new deals; Working with lenders to restructure current debt arrangements and Circumstances where new credit is available.

Real Estate Investment Trusts

Abstract: Real Estate Investment Trusts (REITs) are special investment vehicles that give investors and sponsors substantial tax benefits. The influence of REITs cannot be overstated - they are a significant driver of real estate transactions and finance, even in a down market. There are several types of REITs, including "equity REITs," which invest directly in real estate, and "mortgage REITs," which finance real estate development or invest in existing mortgages. This audio CD is designed for the non-tax specialist and provides an introduction to the fundamentals of REITs from formation and planning opportunities to advising clients about using REITs in a down real estate market. Topics include: Tax benefits and non-tax limitations of REITs; Equity REITs, "mortgage REITs," and planning opportunities; REITs as capital-raising vehicles; Review of REIT qualification rules and REITS and workouts in a down market.

Real Estate Management Agreements

Abstract: Real estate holdings can be complex businesses - office buildings, retail shopping centers or strips, hotels - requiring daily professional management even when financed and built by experienced investors or real estate entrepreneurs. One of the keys to the success of these projects is effectively outsourcing management to professionals while controlling costs and meeting business milestones. Within the context of office, retail and hotel projects, this audio CD examines the essential economic issues of outsourcing management, with an emphasis on those provisions of management agreements affecting finance, control and operational issues, and liability. Topics include: Understanding the economics of outsourcing management to professionals; Important decisions in the division of responsibilities between owner and managers; Control and operational issues and Office building, retail center, hotel projects.

Real Estate Workouts: Tax and Non-Tax Aspects

Abstract: Rising interest rates and the end of the speculative bubble in real estate in many parts of the country have given rise to a growing number of defaults and property owners filing for bankruptcy. As lenders, developers and investors attempt to workout the terms of loan agreements, there is renewed focus on the application of the insolvency and bankruptcy law to commercial real estate deals. Featuring experts with decades of experience in real estate and insolvency law, this audio CD guides you through practical process of working with your client's lenders, including lender motivations, areas where there is room for compromise, and restating loan documentation. Topics include: Cash flow issues and lender forbearance; Workout agreements and restating original loan documents; Structuring workouts, including benchmarks and deadlines; Cramdowns in real estate; Impact of the new bankruptcy law on workouts and Lender motivations and areas for compromise.

Real Estate: A Primer on Insurance

Abstract: Insurance coverage is a vitally important element of real estate development deals and real estate businesses. Failure to obtain and maintain first- or third-party insurance exposes a project or real estate business to risk of substantial loss which can fatally undermine the economics of a deal. This audio CD, featuring a co-author of the leading treatise on the subject, will guide real estate practitioners through the maze of different types of insurance policies, their practical use at each stage of development and for different types of real estate businesses, and the practical legal effect of various types of insurance for property owners, lenders, developers and others. The audio CD is specifically designed for non-insurance specialists. Topics include: Legal and practical framework of first party and third party insurance in real estate deals and for real estate businesses; Economics of insurance at each stage of real estate deal and for different types of real estate businesses; Layman's guide to insurance technical jargon; Specific issues for property owners, lenders, and developers and Common and costly insurance failures in real estate.

Real Property Roller Coaster: The Ups of Dealing with a Down Market (2008 Real Property Section Annual Meeting)

Abstract: Environmental Due Diligence (Wetlands and surface water reclamation; Chemical regulation; and Environmental remediation rules and regulations) ... Real Estate Tax Issues (Effectively identifying and providing your clients with practical solutions for tax issues that face real property attorneys in North Carolina every day; Capital gains tax practice and 1031 exchanges) ... The Ins and Outs of Permanent and Conduit Loans (Latest trends and important issues in the area; Non-recourse carve-outs to defeasance; Lifespan of long-term loans) ... Foreclosures Under Fire (Managing the foreclosure process) ... Case Law Update (Latest NC Supreme Court and Court of Appeals cases) ... Latest North Carolina Supreme Court and Court of Appeals cases (New practitioners: get a developer's perspective on the basic differences that distinguish retail leases from any other form of commercial leasing; Experienced lawyers: latest practice developments, from work letters to exclusivity clauses) .... Title Searches (title search; review and opinion writing from a title insurer's experienced point of view) ... *Real Estate Malpractice Claims (*Ethics) (Avoiding malpractice mistakes)

Real Property Specialization "PREP" Workshop

Abstract: REA's, SNDA's (When are SNDA's necessary?; Tips Drafting and Reviewing REA and SNDA's) .... Real Estate Financing - Deed of Trust Enforceable (Deed of Trust Enforceability Opinions; Drafting Deeds of Trust; Hypothecation; UCC's) ... Leases (Drafting and Reviewing Commercial Leases; Leasehold Financing; Residential Leasing Principles; SNDA's from the Tenant's Viewpoint) ... Purchase and Sale Agreements ... Bar Review - Style Review of Black Letter Law of Real Property in NC (An Outline Style of Black-letter Law Concerning Real Property in NC.) ... *Real Estate Ethics/Good Funds Settlement Act (A Comprehensive Review of Those Ethics Opinions and Rules Affecting the Real Property Practitioner, Discussion of "Good Funds" in the Real Estate Practice) ... HUD, RESPA and Regulation Z (A Review of Federal Regulations Pertaining to the Residential Closing in NC)

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 "Mortgage Crisis": How Current Credit Woes Affect You and Your Clients

Abstract: How We Got To Where We Are Today (A broad-ranging overview of how the residential mortgage lending market grew and the subsequent slowdown) ... The Business Side: Explanation of How "Subprime Loans" Were Made and Funded (How "subprime" and nonconforming loans were originated through unique legal structures such as mortgage-backed securitizations (?) and what this means to lawyers today.) ... Impact on Consumers: Defaults, Foreclosures and Government Intervention (Rising defaults and foreclosures in North Carolina have given rise to powerful new statues increased regulatory oversight and more attention from the courts. How have regulators and consumer attorneys responded and what can we expect in the future?) ... Litigation and Dispute Resolution: New Cases, New Causes (This segment explores how new laws, state and federal, have created new opportunities for plaintiffs while posing challenges to financial institutions and others who are defending the cases.) ... Practice Focus: What North Carolina Attorneys Needs to Know to Serve Their Clients ... *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 Law of Construction and Mechanics Liens

Abstract: Mechanics liens are security interests in property for the benefit of those who supply material or services for a development project. The lien gives the "mechanic" or "materialman" an enforceable interest against the title of the property. As such, liens are a source of constant dispute and litigation among property owners, developers, lenders and the suppliers of material or services. Liens can cloud title to property, hinder conveyance of the property, and be a source of liability for property owners, lenders and others. After reviewing the fundamentals of mechanics liens, this audio CD emphasizes techniques for discharging or bonding off liens and effective strategies for settling lien disputes in arbitration. The audio CD also highlights key issues for transactional and finance counsel during the development cycle. Topics include: Fundamental principles of mechanics' and materialmens' liens; Discharging and bonding off liens; Effective arbitration of lien claims and trends in lien litigation and Key issues for transactional counsel and finance attorneys.

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 Real Property Reality Show: Fear Factor or Survivor? (2008 Real Property Practice Skills)

Abstract: *Ethical Real Estate Practice ... Voices From the Vault: Wisdom from a Register of Deeds (Recording standards, Online records, Websites) ... Title Insurance (Coverages, exclusions and exceptions, 2006 ALTA policies) ... Bankruptcy/Foreclosure (Real estate, Automatic stay, Voidable/preferential transfers, Ch 7, Ch 11 and Ch 13) ... Corporate Law for the Real Estate Lawyer (Non-profit corps, Entity governance: members, mgrs, directors, officers) ... Leases (Landlords, tenants and subtenants, Ground leases, Residential vs. commercial leases, Statutory regulation, Leasehold financing/title insurance, Commonly negotiated provisions) ... Good Funds Settlement ... Railroad Legislation (Property rights, Legislative involvement) ... Title Searching 101 (Grantor/grantee index, on-line resources, litigation/judgment dockets) ... The Closing: More than Just A Paper Shuffle (Residential/commercial, Buyers, sellers and lenders) ... Standard Real Estate Sales Contract Forms (Purchase agreements, Common provisions) ... Restrictions, Plats, Subdivision and Development Basics (Rep of a developer, Restrictive covenants) ... Endorsements (title insurance policies, ALTA forms) ... Condominium Act/Planned Community Act (Formation, Governance, Declaration/Plat of Condominium, Planned Unit Developments) ... Rights-of-Way, Easements and Access (owners, buyers and lenders)

Title Insurance in Real Estate Transactions

Abstract: The American Land Title Association has recently proposed several important amendments to title insurance policies. The amendments are being actively considered by states nationwide. Guided by two attorneys with more than 60 years experience in the industry and who participated in the drafting process, this audio CD helps demystify the complexities of title insurance, explaining how the proposed changes will affect your real estate practice. Among other topics, the panel reviews changes to owner-covered and loan-covered risks, coverage exclusions and changes to policy conditions. Do not miss this opportunity for a practical guide through the new world of title insurance by two attorney with decades of experience. Highlights: Overview of changes to title insurance policies; Owner covered & loan covered risks; Coverage exclusions and Policy conditions.

Tools of the Trade: Cultivating Your Professional Garden (9th Annual Legal Assistants Division Annual Meeting)

Abstract: Examining Your Professional Garden (appearance to co-workers and professional peers; Strengthening communication skills; Maximizing the quality of personal and professional lives.) ... Legal Writing for Paralegals: Deadheading Your Legal Documents ... Paralegal Utilization Before Trial (preparation during the discovery phrase; maintaining focus and be effective from opening statement to closing argument) ... Ethics in Litigation: You Reap What You Sow ... Real Property Ethics: Dirty Deeds (and they're done dirt cheap) ... Title Insurance Issues for Developers: Everything is Coming up Roses (Basic underwriting requirements for issuing construction loan commitments and policies; Common ALTA endorsements for loan policies (requirements and coverage); Policy endorsements to reflect changes to deeds of trust (changes to loan amounts, substitutions and releases of collateral, construction draws, etc.); Lien waiver requirements in various common construction situations) ... Understanding Electronic Recording: Top-Dressing for Success (e-recording) ... Organizing and Operating a Corporation: Germinating the Seed Business Law Ethics ... Tiptoeing through the Tulips - Avoiding Ethical Issues ... International Law Considerations for Paralegals: Bringing Your Produce to a Global Market ... *Click below on "view TOC" to search the Table of Contents*

Trustees & Beneficiaries: Managing Tensions and Conflict

Abstract: There is a natural tension between trustees and beneficiaries which is exacerbated in a distressed economic environment. Tensions easily arise when investment decisions go awry, discretionary distributions are not made, or when a trust's income beneficiaries are disadvantaged in favor of principal beneficiaries. These and many other natural tensions make trusts difficult to administer and fertile sources of dispute and fiduciary litigation. Led by practitioners with extensive experience representing trustees and beneficiaries, this audio CD provides you a practical guide to the common sources of beneficiary v. trustee tension, planning and administration to minimize those tensions, and utilizing techniques short of litigation to resolve the disputes once they arise. Topics include: Identifying flashpoints between trustees and beneficiaries; Investment decision conflicts in a distressed market; Tension between income and principal beneficiaries; Planning and administration to minimize tensions and Techniques for resolving disputes short of formal litigation.

UCC Issues in Real Estate Transactions

Abstract: This audio CD examines the Uniform Commercial Code Issues that arise in closing commercial real estate transactions. The audio CD covers UCC Article 9 secured transactions issues and UCC Article 5 letters of credit issues. The audio CD also covers issues related to senior and junior creditors.

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