NACUA 2016 Annual Conference : NACUA - National Association of College and University Attorneys

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Sunday, June 26, 2016
9:00 am - 11:00 am
	N4. Southeastern Conference General Counsel Meeting
	[none]
	Room: Pacific E
	Meeting of attorneys who represent the fourteen member institutions in the Southeastern Conference. Following an introduction and general discussion, the attorneys will break into small groups to discuss specific practice areas.

10:00 am - 11:30 am
	AG01. WACO
	[none]
	Room: Foothill J
	WACO is an informal gathering of college and university attorneys representing western member institutions. All NACUA members are welcome.

11:00 am - 12:00 pm
	SIG1. Community Colleges
	[none]
	Room: Pacific B
	Discussion among attendees representing community colleges.

	SIG2. Museums, Libraries, and Collections
	[none]
	Room: Pacific C
	Discussion among attendees representing museums, libraries, and collections.

	SIG3. Religious and Church-Related Institutions
	[none]
	Room: Pacific I
	Discussion among attendees representing religious and church-related institutions.

	SIG4. Academic Medical Centers and Medical Colleges
	[none]
	Room: Pacific A
	Discussion among attendees representing academic medical centers and medical colleges.

	SIG5. Historically Black Institutions
	[none]
	Room: Pacific H
	Discussion among attendees representing historically black institutions.

1:00 pm - 2:30 pm
	PLENARY. Welcome and Opening Plenary: Civil Rights and Higher Education: Lessons of the Past Leading to Progress for the Future sponsored by Jackson Lewis
	[none]
	Room: Salon 7 - 8


2:30 pm - 3:00 pm
	B1. Break sponsored by Wilmer Cutler Pickering Hale and Dorr LLP
	[none]
	Room:


3:00 pm - 4:15 pm
	1A. Athletics Forum
	Intermediate, Discussion Group
	Room: Salon 1 - 3
	NCAA update on litigation and enforcement OCR compliance -- sexual misconduct and athletic equity Transgender issues and the “Dear Colleague” Letter FLSA -- application to athletic staff

	1B. No Classroom Does Not Mean No Risk: Addressing Potential Claims Involving Online Education and Other Web Access
	Basic, Regular Session
	Room: Salon 13 - 15
	Accommodating disabilities and other student-related issues Employment issues involving online faculty Harassment, online bullying, and related conduct Academic misconduct issues Enforcement of university policies

	1C. Campus Employees Who Have Law Degrees but Don't Represent the Institution
	Intermediate, Regular Session
	Room: Nob Hill A - B
	Practical tips for managing issues that can arise when employees with law degrees work outside the general counsel's office Ethical considerations and disclosure obligations Attorney-client privilege and work product doctrine Protocols for communicating legal advice and addressing opinion shopping Indemnification, general liability, and malpractice insurance limitations

	1D. FLSA Higher Education Update: What Color Is Your Collar?
	Advanced, Regular Session
	Room: Golden Gate B
	Understanding the U.S. Department of Labor's changes to the Fair Labor Standards Act overtime regulations Calculating overtime in the face of creative pay practices Identifying common FLSA issues in higher education Understanding options for resolving identified issues

	1E. The Ethics of Negotiation: Representing Your Client Effectively and with Integrity
	Intermediate, Regular Session
	Room: Golden Gate C2 - C3
	What are the applicable rules and laws, and do they mean anything? Negotiation styles and strategies: adversarial and competitive versus transparent and cooperative What does fairness have to do with it? Will include hypothetical scenarios and role playing

	1F. The False Claims Act and Other Enforcement Activity Related to Sponsored Research: What You Wish You'd Done Before the Feds Came Knocking and How to Manage When They Do
	Basic, Regular Session
	Room: Salon 10 - 12
	Principal risk areas related to federally sponsored research and how to mitigate those risks Overview of the government’s key enforcement tools, including the False Claims Act Practical guidance on how to manage internal and external investigations related to federally sponsored research How to handle actual and potential whistleblowers Emerging hot topics, such as the impact of social media, blogging, and anonymous tipsters on institutional efforts to manage risks related to alleged misconduct

	1G. Students in Crisis: Successfully Navigating the Student Mental Health Challenges Facing Colleges and Universities
	Basic, Regular Session
	Room: Golden Gate A
	Individualized risk assessment in a team environment Effective intervention strategies to address conduct and safety Voluntary and involuntary leave policies Confidentiality limits: what to disclose, when, and to whom? Special concerns for professional programs

	1H. Leveraging Cybersecurity Threats with Business
	Intermediate, Regular Session
	Room: Salon 4 - 6
	Understanding attacks and incident response Solutions for decentralized environments Responding to information security audits Legal solutions to manage organizational cybersecurity risk Legal strategies to identify and address insider threats

	1I. Data Analytics: Regulators Use Them. Should You?
	Intermediate, Regular Session
	Room: Golden Gate C1
	Why general counsels should care about data analytics How federal regulators use data analytics How to use data analytics to manage compliance risks How a data analytics environment can be leveraged in enterprise risk management

	1J. Research Compliance Forum
	Intermediate, Discussion Group
	Room: Nob Hill C - D
	This forum will bring together experts to discuss hot topics and upcoming issues in the field of research compliance.

4:30 pm - 6:00 pm
	HA. Honors & Awards Ceremony
	[none]
	Room: Salon 7
	All attendees and their guests are invited to join us in celebrating and recognizing the recipients of this year's honors and awards. This ceremony will include recognition of individuals who will receive the Distinguished Service and First Decade Awards, as well as Life Membership.

6:00 pm - 7:30 pm
	N1. Opening Reception sponsored by Hogan Lovells
	[none]
	Room: Salon 8 - 9
	Celebrate the official opening of the 56th Annual Conference! It's your chance to meet, greet, mingle, and network with new and old friends and colleagues on the first evening of the conference. So be sure to start your conference experience off right by attending this annual event. The event is free to all paid attendees, $40 for adult guests, $10 for children (6-12), and free for children five and under.

Monday, June 27, 2016
7:00 am - 9:00 am
	NETBREAK. Networking Breakfast
	[none]
	Room: Salon 9
	Rise and shine! Map out your schedule of sessions for the day while you catch up with new and old friends and colleagues over breakfast.

8:00 am - 9:00 am
	SP06. Featured Session: Supreme Court Update with Dean Erwin Chemerinsky sponsored by Husch Blackwell LLP
	Regular Session
	Room: Salon 7 - 8


9:15 am - 10:30 am
	2A. Federal Tax Issues in Higher Education
	Intermediate, Regular Session
	Room: Salon 1 - 3
	Incubators, accelerators, spin-offs, and venture funds: Private benefit and UBIT issues Consideration of private letter ruling pre-submission conferences in light of the user fee increase Scholarships, fellowships, stipends, gift cards, awards, and “casual payments”: What is taxable and/or reportable? Competing compliance rules between government agencies Other tax issues, including the management of politics on campus during an election year and congressional scrutiny of endowments

	2B. Managing and Insuring Risk
	Intermediate, Discussion Group
	Room: Golden Gate C1
	Identifying potential risk exposures Analyzing the probability and severity of losses Maintaining a risk management plan and prioritizing resources to minimize risk Determining what insurance coverage your campus needs

	2C. Are You Buying Trouble with That Gift? Accepting and Administering Protected Class Identifying Gifts and Scholarships
	Intermediate, Discussion Group
	Room: Nob Hill C - D
	Federal and state law, regulations, and guidance Risk assessment Drafting legally compliant gift terms that honor donor intent Issues in administration of restricted gifts

	2D. Before Getting Hitched: Advance Considerations for Nonprofit Mergers, Acquisitions, Consortiums, and Joint Ventures
	Advanced, Regular Session
	Room: Nob Hill A - B
	Mergers of educational institutions and consortium arrangements among institutions Considerations when nonprofits link with for-profits Alternatives such as membership acquisition, asset acquisition, and sharing cooperatives Change of control and governance issues Title IV regulations and accreditor and state law considerations

	2E. Engaging in Educational Activities in China
	Basic, Regular Session
	Room: Salon 4 - 6
	Insight into the higher education policy environment, relevant People’s Republic of China legal developments, and resulting opportunities and challenges for U.S. universities Practical information on permissible legal structures and minimal operational requirements Recommendations for communicating key requirements for early stage activity to university decision makers

	2F. The Non-Employment Lawyer's Nuts and Bolts of Labor and Employment Law
	Basic, Regular Session
	Room: Salon 10 - 12
	Overview of labor and employment law concepts and terms Dealing with the agencies: EEOC, OFCCP, NLRB, and more Hot topics on the horizon Issue spotting: What should get your antenna up?

	2G. "Storytelling" and Media Engagement in the Age of the 0.5 Second News Cycle
	Basic, Regular Session
	Room: Golden Gate B
	Understanding the mindset and needs of “digital natives” Developing a net impact statement and aligning all communication to achieve desired end benefits Principles of effective storytelling: blending emotional with rational content Managing media engagements to ensure effective delivery of key messages Presentation skills to help reinforce message delivery

	2H. Fair Use: Recent Developments of Interest to Academia
	Intermediate, Regular Session
	Room: Salon 13 - 15
	Analysis of copyright cases that will impact fair use analysis, especially the evolving understanding of "transformative" uses Copyright cases covered will include Authors Guild v. Google, Fox News v. TVEyes, Cariou v. Prince, Cambridge v. Georgia State University, and Lenz v. Universal Analysis of trademark cases addressing the distinction between the concepts of descriptive fair use and nominative fair use Trademark cases covered will include Innovation Ventures, LLC v. N2G Distrib., Inc., Sorensen v. WD-40 Co., Radiance Found. v. NAACP, and Corporation of Gonzaga University v. Pendleton Enterprises

	2I. Breaking Bad: How to Address Faculty Misconduct
	Advanced, Regular Session
	Room: Golden Gate C2 - C3
	What kinds of faculty behavior should qualify as misconduct subject to discipline or sanction How to conduct an internal investigation into faculty misconduct What procedural protections and rights apply From reprimand to termination, the sanctions/corrective actions universities can impose

	2J. Cybersecurity Table Top Exercises: Protecting Against Web-Based Hacking of Your Institution's Information
	Basic, Regular Session
	Room: Golden Gate A
	Better assess organizational risk, readiness, and resilience with regard to cyber incident response activities Better understand the potential business-level impacts of cyber incidents affecting institutes of higher education

10:30 am - 11:00 am
	B2. Break sponsored by Ober Kaler
	[none]
	Room:


	SIDEBAR 1. Learn More About NACUA Committee Volunteer Service
	[none]
	Room: Laurel
	Join NACUA staff and leaders for an informal question-and-answer session about volunteering for NACUA service.

11:00 am - 12:15 pm
	3A. Structuring of Affiliated and Cooperative Organizations
	Intermediate, Regular Session
	Room: Nob Hill A - B
	Common issues managed via affiliated or cooperative organizations How to balance independence with “synchronicity” for cooperative organizations Common types of cooperative organizations, including endowments, academic medical centers, research corporate entities, and real estate development entities Legal issues in supporting affiliated organizations, including privilege, conflicts, and negotiating joint agreements Open record and open meeting issues for affiliated and cooperative organizations

	3B. Digital Accessibility: A Practical Look at Achieving Compliance and a Review of Recent Legal Developments
	Intermediate, Regular Session
	Room: Salon 4 - 6
	The broad range of technology and electronic information affected (including websites and course materials) Challenges campuses face in the selection, development, and deployment of technology and instructional content Practical guidance for implementing policies and procedures to achieve compliance Recent enforcement actions and litigation Update on regulatory and legislative initiatives addressing digital accessibility

	3C. Research Compliance Hot Topics (2015-2016) - Export Controls
	Advanced, Regular Session
	Room: Salon 10 - 12
	Technical data transfer and storage in the cloud: legal nuances of data localization Restricted party screening, OFAC controls, and changes in visa programs The impact of export controls on invention disclosures and patent applications Dual-use controls: problems related to cutting edge technology and fundamental research in the health sciences

	3D. Striking a Delicate Balance: Nondiscrimination, Inclusive Excellence, Free Expression and Safety on Campus
	Advanced, Regular Session
	Room: Golden Gate B
	When speech or expressive conduct creates a “hostile environment” that must be remedied by the institution What counsel should do when students’ rights to be protected against a hostile environment conflict with others’ First Amendment rights Implications of “Dear Colleague” letters and similar guidance from the U.S. Department of Education and the U.S. Department of Justice Handling safety and law-enforcement issues that may be triggered by protests or other events on campus The best strategies for communicating with varied audiences, including students, institutional leaders, state and federal agencies, and local communities

	3E. Counsel's Role in Institutional Risk Management and Compliance
	Intermediate, Regular Session
	Room: Salon 13 - 15
	Overview of institutional risk management programs Benefits of institutional risk management programs Relationships between the risk management, compliance, and legal functions Respective roles of counsel and compliance officer (even when the same person)

	3F. Global Operations: Roundtable Discussions with Experts and Colleagues on Operating in China
	Basic, Discussion Group
	Room: Golden Gate A
	Includes basic- and intermediate-level roundtables Available legal structures for academic programs/operations and the current political climate (basic) Opportunities for engaging local resources (e.g., employment, translations, and logistical assistance) (basic) Tax issues applicable to various types of operations in China (e.g., permanent establishment, VAT, and business taxes) (intermediate) Common pitfalls and challenges associated with operating in China (e.g., banking, contracting, relations with the Ministry of Education, and other issues) (intermediate) Tips for communicating key issues to university leadership (basic and intermediate)

	3G. The National Labor Relations Act and Higher Education: A Conversation with an NLRB Board Member
	Intermediate, Regular Session
	Room: Golden Gate C2 - C3
	NLRB Board Member Philip A. Miscimarra will comment on the functioning of the current Board and discuss recent developments of interest to higher education Implications of the Browning-Ferris joint employer decision on a university’s use of vendors, subcontractors, and staffing companies Election issues, including supervisor status, the Board's Specialty Healthcare standard, and the Board's new election procedures The NLRB’s latest developments regarding union organizing among athletes, graduate students, faculty, and adjuncts NLRB jurisdiction over faculty at religious institutions NLRB decisions affecting university policies on social media, solicitation, property access, class action waivers, and employee conduct

	3H. Anticipating and Avoiding Respondent Litigation in Sexual Misconduct Matters
	Advanced, Regular Session
	Room: Salon 1 - 3
	Overview and lessons learned from recent respondent litigation Balancing trauma-informed practices and due process protections in campus policies and procedures Exploring investigative and adjudicative models The intersection of civil litigation and Title IX review by OCR The advent of respondent-filed OCR complaints

	3I. Technology Transfer Forum
	Discussion Group
	Room: Nob Hill C - D
	Expansion of tech transfer licensing from patents to other types of intellectual property Protecting trade secrets and other IP embedded in the “internet of things” Federal trade secret legislation Patent trolls and federal and state legislative attempts to deter them

12:30 pm - 1:30 pm
	F2. Featured Session: Conversation and Conflict: Where Is Campus Unrest Leading?
	Regular Session
	Room: Salon 7 - 8


Tuesday, June 28, 2016
7:45 am - 9:00 am
	LEADBREAK. Leadership and Membership Recognition Breakfast sponsored by Employment Law Alliance
	[none]
	Room: Salon 7 - 8
	All attendees are invited to join their colleagues for breakfast and to celebrate the Association's leadership and member volunteers. A plated breakfast will be served beginning at 7:45 am until the program begins at approximately 8:15 am. Be sure to arrive early! The program will include: Remarks from NACUA Chair Lee Tyner, University of Mississippi Remarks from NACUA Chair-Elect Jose Padilla Results of Nominations and Elections Recognition of NACUA's 2015 - 2016 member volunteers and retirees All NACUA member conference attendees will be entered into a drawing for their institution to receive a complimentary registration to the 2017 Annual Conference in Chicago, IL. Attendees must be present at the breakfast to be eligible to win.

9:15 am - 10:30 am
	4A. Contracts, Contracts, Contracts
	Intermediate, Discussion Group
	Room: Nob Hill C - D
	IT contract issues, including privacy and security concerns, remotely-held data, and property rights Software or electronically linked contracts Public entity contracts: compliance, indemnification, and hold harmless issues Practical approaches to contract negotiations Strategies, tips, and pitfalls

	4B. Today's OFCCP: What Colleges and Universities Should Expect
	Advanced, Regular Session
	Room: Salon 10 - 12
	Aggressive audit and enforcement practices Fair Pay and Safe Workplaces initiatives Pay equity concerns in an election year Affirmative action programs and unique classes of employees Lessons learned from outreach to veterans and individuals with disabilities

	4C. Mind Over Matter: Managing Faculty and Staff Mental Health Disabilities
	Intermediate, Regular Session
	Room: Golden Gate B
	Overview of law and recent developments When is a mental health condition a covered disability? Accommodation obligations and best practices Performance management and fitness for duty examinations Practical considerations

	4D. The General Counsel's Role in Institutional "Shared" Governance: Successfully Navigating Shared Governance within a Legal Framework (or, How to Win over the Faculty Without Losing the Farm)
	Intermediate, Regular Session
	Room: Golden Gate C2 - C3
	The dynamics of shared governance today The complicated role of counsel in a shared governance environment Building trust and educating faculty in advance of trouble Handling the clash between academic prerogatives and legal imperatives Enlisting faculty leadership to help address institutional risk management and legal compliance challenges

	4E. The Shifting Sanctions Landscape: Focus on Cuba, Iran, and Ukraine/Russia and Overall Sanctions Compliance Strategies
	Intermediate, Discussion Group
	Room: Golden Gate C1
	The latest sanctions for Cuba, Iran, and Ukraine/Russia and where they might be headed Sanctions-related pitfalls and opportunities in interactions with these countries Scenario based discussion exploring application of the sanctions in higher ed setting Successfully managing and supporting sanctions compliance in a highly decentralized environment How sanctions are distinguishable from export controls

	4F. Current Immigration Issues in Higher Education
	Basic, Regular Session
	Room: Salon 4 - 6
	Immigration 101: introduction to hiring and retention of foreign faculty and staff Prevailing wage: use of safe harbor and alternative wage surveys Special handling: avoiding failures in advertising and re-selection Immigration policies: when to sponsor, who to sponsor, and acceptable deviations from policy Division of labor: the role of the general counsel's office, human resources, and international affairs in immigration matters

	4G. The New General Counsel: It's More Than Just a Legal Job
	Advanced, Regular Session
	Room: Nob Hill A - B
	Skills required to handle the challenges and take advantage of the opportunities Providing effective legal, risk management, and other services Effective participation as a member of senior leadership Communicating effectively with key stakeholders Maintaining a sense of humor and joy in your life

	4H. Faculty Consulting: Conflicts of Interest and Beyond
	Intermediate, Regular Session
	Room: Salon 1 - 3
	Conflict of interest issues Establishing what consulting activities are appropriate Reviewing (or not) faculty consulting agreements Conflicts of interest in research arising out of faculty consulting Intellectual property implications

	4I. It's a Whole New Ballgame: Academic Misconduct and Student-Athletes
	Intermediate, Regular Session
	Room: Golden Gate A
	The NCAA approach to different forms of academic improprieties The effect of the NCAA approach on institutional honor codes and treatment of student-athletes versus other students Confidentiality issues in investigations including FERPA, state privacy laws, open records issues, and common law privacy Engaging faculty (including making them aware of NCAA policy while preserving academic freedom and faculty discretion) Engaging the NCAA and considering the use of outside counsel

	4J. Improve Your Electronic Document Management
	Regular Session
	Room: Salon 13 - 15
	Strategies for storing a large volume of documents in a searchable format Practical approaches to storing a broad array of documents (including electronic documents created in-house, documents your office received, faxes, emails, and attachments) in an accessible, client-centric manner Tips for maintaining documents in an electronically-searchable format

10:30 am - 11:00 am
	B3. Break sponsored by O'Melveny & Myers LLP
	[none]
	Room:


11:00 am - 12:15 pm
	5A. Drug and Alcohol Issues: Old and New
	Intermediate, Regular Session
	Room: Golden Gate C2-C3
	Federal law framework Cannabis The new face of drugs: a case study

	5B. Working with Enthusiastic Board Members: General Counsel's Role When Traditional Boundaries on Board Involvement Are Questioned
	Intermediate, Discussion Group
	Room: Nob Hill C - D
	Standards for corporate governance of universities Strategies for minimizing confusion about the role of a governing board and of individual board members Practices and behaviors that help foster trust with and among board members and general counsel Potential pitfalls for general counsel when asked whether actions of the board or individual board members fall within the bounds of their respective roles and authority Potential ethical challenges that may develop during role disputes, including tensions that can arise from the general counsel's reporting relationship in the university

	5C. Who Are You? Obtaining Personal Services or Sending Employees Overseas
	Basic, Regular Session
	Room: Salon 4 - 6
	General overview of employment issues that arise when staffing global activities, including taxes, work permits, and employee benefits Employment options to staff operations on the foreign campus of a U.S. institution, including the hiring of foreign nationals Avoiding employment concerns when staffing foreign activities with independent contractors Using a third party to assist with staffing foreign operations

	5D. Adjuncts, Faculty, and Grad Students: Organizing Trends and Bargaining Strategies
	Advanced, Discussion Group
	Room: Salon 10 - 12
	Major faculty collective bargaining issues, including job security evaluation processes, campus inclusion, compensation issues, and benefits Key considerations and tactics in adjunct faculty organizing campaigns Strategies and suggestions for challenging graduate student organizing efforts in light of the Columbia University case Graduate student collective bargaining issues, including educational decision-making, stipends, health insurance, and academic/professional progress

	5E. What Every Higher Ed Lawyer Needs to Know About the Affordable Care Act
	Basic, Discussion Group
	Room: Nob Hill A - B
	How the Affordable Care Act specifically impacts higher education institutions Employer shared responsibility rules Undergraduate and graduate student health insurance Employer reporting responsibilities: lessons learned from the first filings What’s on the horizon

	5F. Doing It All: Strategies for Solo or Small Legal Offices
	Intermediate, Discussion Group
	Room: Golden Gate C1
	Defining the mission Resources near and far: NACUA, outside counsel, Google searches, and more Outside counsel strategies In-house counsel: the best seat in the house

	5G. Supporting Innovation: Industry Collaboration and Technology Transfer
	Basic, Regular Session
	Room: Salon 1 - 3
	Alternative and sustainable approaches for collaboration and technology licensing Structuring relationships to comply with tax laws and the nonprofit mission Nondisclosure agreements, visitor agreements, and casual arrangements Students and IP creation under industry sponsored research Keeping pace with industry

	5H. Navigating Legal Issues Involving Transgender Students
	Intermediate, Regular Session
	Room: Golden Gate A
	Overview of current law and recent legal trends regarding gender identity and transgender topics from courts and federal agencies Considerations related to use of typically gendered spaces (such as student housing, bathrooms, and locker rooms), student recordkeeping, student organizations, and NCAA athletics Best practices for incorporating gender non-conforming individuals into campus culture and communities

	5I. Unflappable: How to Look Smart When You Have to Think on Your Feet
	Regular Session
	Room: Golden Gate B
	Take steps to build your confidence BEFORE the need arises Handle questions quickly and clearly Buy yourself time to think while improving the way people perceive you Take more risks in your day-to-day role at your institution

	5J. Security is Only as Good as the Weakest Link - Don't Let Yourself Be that Link!
	Regular Session
	Room: Salon 13 - 15
	Strategies for avoiding data or security breaches Basics of device, email, wireless, and document encryption Inexpensive options for making sure confidential information remains confidential

12:15 pm - 1:45 pm
	ALUNCH. Affinity Group Luncheons
	[none]
	Room:
	Participate in an affinity group luncheon for those with a commonality of regional, institutional, or personal interests.

	NETLUNCH. Networking Lunch sponsored by Crowell & Moring LLP
	[none]
	Room: Salon 9
	This is your chance to continue to network with colleagues over lunch.

2:00 pm - 3:15 pm
	6A. Important Considerations When Leasing Institutional Buildings or Facilities
	Basic, Regular Session
	Room: Golden Gate C1
	Identify the types of leasing scenarios that commonly arise at institutions of higher education, and unique considerations of each Work through a hypothetical scenario for the long-term lease of campus facilities, including discussion of a template agreement Discuss legal and policy implications raised by the hypothetical scenario Point out where and when outside legal advice is prudent

	6B. 60 Tips in 60 Minutes for University Attorneys
	Intermediate, Regular Session
	Room: Golden Gate B
	Three experienced general counsel offer up their best advice (what I wish I had known then ...) to aspiring or new general counsel Practical advice and tips on relationships with the president, your colleagues, and the faculty Tips on managing your office and staff Tips on serving your clients and managing the work efficiently using technology Tips on managing litigation and matters delegated to outside counsel

	6C. Resolve This! Learning from Recent OCR Title IX Resolution Agreements to Improve Policies, Procedures, and Case Handling at Your Institution
	Advanced, Regular Session
	Room: Golden Gate C2 - C3
	A substantive look at the contents of recent agreements Common trends in key provisions, including climate surveys, defining responsible employees, and case reviews Implementing the agreement, including how to coordinate the timing for reporting requirements, policy updates, and training What institutions can take away as guidance from recent trends in these agreements

	6D. Risky Business: Strategies to Minimize Reputational and Financial Risk in Conducting Activity Abroad
	Basic, Regular Session
	Room: Salon 10 - 12
	Introduction to key legal, financial, and reputational risks of operating abroad Legal risk: immigration, safety, and security Financial risk: contracting and taxation Reputation risk: protecting the institution's brand, resolving disputes, and dealing with regulators

	6E. Love and Learning Collide: Faculty-Student Relationships under Title VII and Title IX
	Intermediate, Regular Session
	Room: Salon 1 - 3
	Policy options and considerations Institutional obligations when parties are uncooperative How to train around the topics of sex, consent, and unequal power dynamics Handling cross-complaints and assessing retaliation Other considerations, including FERPA, tenure, and due process

	6F. It's Fundamental! Managing Export Compliance in the University Environment
	Basic, Regular Session
	Room: Nob Hill A - B
	Why counsel at all institutions need to understand export controls Regulatory and enforcement updates Sponsored research and the fundamental research exclusion High risk equipment, industry collaboration, and cybersecurity issues

	6G. Clinical Trials: Current Issues
	Intermediate, Discussion Group
	Room: Nob Hill C - D
	Data integrity, management, and reporting Liability issues: indemnification and subject injury Contracting trends International issues

	6H. College Athletics 101: What Every University Lawyer Should Know
	Basic, Regular Session
	Room: Salon 4 - 6
	Important issues concerning the NCAA and its rules Athletic contracts counsel need to understand Overview of significant athletics cases Issues to be aware of in student-athlete misconduct cases

	6I. Proactive and Responsive Strategies for Managing Campus Unrest
	Intermediate, Regular Session
	Room: Golden Gate A
	Examines the historical, institutional, and social context of campus unrest Strategies for building relationships with diverse stakeholders and assessing climate issues Methods for addressing campus unrest in meaningful and lawful ways when tensions are high

	6J. Email Management Techniques for Lawyers Using Microsoft Outlook
	Regular Session
	Room: Salon 13 - 15
	Strategies for managing a high volume of email using Microsoft Outlook’s built-in features Time management pointers, including instruction on avoiding email interruptions Tips for efficiently storing emails and attachments in a client-centric manner The basics of email encryption

3:15 pm - 3:45 pm
	B4. Ice Cream Break sponsored by Pillsbury Winthrop Shaw Pittman
	[none]
	Room:


3:45 pm - 4:30 pm
	7A. Indemnification Provisions
	Intermediate, Regular Session
	Room: Nob Hill A - B
	Limitations on liability for the institution and the institution’s representatives Managing risk and weighing the interests of the college or university Strategies of risk management for the nonprofit entity in the context of directors, officers, and fiduciary activities Indemnification considerations in the context of contractual arrangements Insurance as a tool of protection, including customized, specialty, and non-standard insurance arrangements

	7B. All of Your Emails Belong to Us: Discussion and Demos of Current Tools and Systems for Litigation Holds in Action
	Advanced, Regular Session
	Room: Golden Gate C2 - C3
	The landscape today The six major e-discovery problems we see How to engage with internal and outside resources to reduce cost and risk Demonstration of a unique tool to test your organization's e-discovery health

	7C. Trigger Warnings and Microaggressions in a Diverse Environment: Policy and Legal Implications
	Basic, Regular Session
	Room: Golden Gate B
	Ongoing challenges: implicit bias, microagressions, and climate of exclusion Tensions between free speech, enforcing non-discrimination and anti-harassment policies, and principles of community Recent research on how diversity is best fostered and achieved in the workplace or on campus

	7D. Developing and Delivering Effective Training to Campus Administrators
	Intermediate, Regular Session
	Room: Golden Gate A
	Counsel’s role in educating campus administrators on legal issues that impact the university and its operations Using trainings as a platform to forge collaborative relationships with key people, offices, and departments across campus How to deliver training sessions that are practical and advance the university’s commitment to compliance with laws and its own policies Examples of trainings that can be offered by university counsel and strategies to encourage attendance The attorney-client privilege and trainings offered by counsel

	7E. Vetting Foreign Donors, Vendors, and Partners
	Basic, Regular Session
	Room: Salon 10 - 12
	Criminal, terrorist, and other red flag checks in foreign jurisdictions Assessing financial health of foreign donors, vendors, and collaborators Strategies for understanding reputational risks with potential donors, vendors, and partners Selecting and working with private investigators, global security firms, and other professionals Ensuring compliance with privacy and personal data laws when collecting information about donors, vendors, partners, and their personnel

	7F. Change Happens: Succession and Business Continuity Planning for the Legal Office
	Intermediate, Regular Session
	Room: Nob Hill C - D
	Creating career paths within the legal office Planning for job advancement options Encouraging professional development opportunities Managing expected or unexpected attorney absences Ensuring business continuity during emergency closures

	7G. Commercializing Know-How: Practical Considerations for Creating Value and Maintaining Competitive Advantages
	Intermediate, Regular Session
	Room: Salon 4 - 6
	What is "know-how" and how does it compare to other forms of protectable IP? How to structure research, commercialization, and development activities more creatively How know-how can enhance the value of patent licenses Challenges presented by "know-how only" deals and possible deal structures

	7H. Financial Aid 101: Top Five Legal and Compliance Issues
	Basic, Regular Session
	Room: Salon 1 - 3
	Title IV audits: topics under focus (including Drug Free School compliance), disclosure obligations and consumer information, and disbursement compliance Federal and state legislative initiatives: restarting federal loan support for graduate students, new regulations for the Borrower Defense to Repayment Rules, and college affordability Bankruptcy: awareness of discharge abilities, automatic stays, and hardship discharges

	7I. Real Property Forum
	Discussion Group
	Room: Golden Gate C1
	This forum will bring together experts to discuss hot topics and upcoming issues in the field of real property.

	7J. 50 Legal Tech Tips, Tricks, Gadgets and Websites in 45 Minutes
	Regular Session
	Room: Salon 13 - 15
	Fast-paced session with dozens of ideas that you can immediately incorporate into your practice Explores legal technology, practice management software, and electronics Examines useful websites for lawyers

4:45 pm - 5:45 pm
	F3. Fisher II and Beyond: Its Impact on Diversity
	Intermediate, [none]
	Room: Salon 7 - 8
	The decision: its impact and importance What are the practical implications? Diversity beyond admissions Planning for the future

Wednesday, June 29, 2016
8:00 am - 9:00 am
	N2. Networking Breakfast
	[none]
	Room: Salon 7


9:00 am - 10:15 am
	8A. Public and Private Construction Contracts: The Good, the Bad, and the Ugly
	Intermediate, Regular Session
	Room: Salon 4 - 6
	General contractors Multiple prime contractors Agency construction managers and construction managers at risk Design-builders Public-private partnership case study

	8B. The Bermuda Triangle: How Do the Requirements of FMLA, ADA/Section 504, and Workers' Compensation Intersect?
	Intermediate, Regular Session
	Room: Salon 1 - 3
	Differences in purposes and provisions of ADA, FMLA, and workers' compensation laws Triggers, commonalities, and overlap Providing reasonable accommodations in the context of employee illness or injury Handling difficult leave and “return to work” scenarios Guidance on policy development and application

	8C. E-Discovery and Litigation Holds: The Current State of the Law and the General Counsel's Role
	Intermediate, Regular Session
	Room: Golden Gate A
	• Overview of e-discovery and electronically stored information (ESI) • Litigation hold best practices • General counsel’s role in the preservation of ESI

	8D. Documenting the Deal and Protecting the Institution in Its International Initiatives: Critical Contract Terms for Agreements with Foreign Parties
	Intermediate, Regular Session
	Room: Salon 10 - 12
	Key terms in agreements, including venue, indemnity, governing law, dispute resolution, academic freedom, and intellectual property How terms may vary depending on the nature of the arrangement (e.g., agreements related to academic programs, professional services, sponsored research, and student and faculty exchanges) Will use role playing to demonstrate common negotiation experience related to selected key contract terms

	8E. The Lawyer's Role as Negotiator and System Designer
	Intermediate, Regular Session
	Room: Golden Gate B
	Conflict resolution design Negotiating with multiple parties and coalitions Facilitating consensus-building in disputes related to employment, discrimination and regulatory enforcement

	8F. Employee and Student Performance and Conduct Issues: Investigation Perspectives from Inside and Outside the Academy
	Intermediate, Regular Session
	Room: Golden Gate C2 - C3
	Effective investigation planning, oversight, and facilitation Using outside counsel or third parties to conduct an investigation Role of in-house counsel in selecting the investigator, drafting the retention agreement, and directing the investigation process Concluding and reporting the results of an investigation Best practices for post investigation follow-up, including public relations issues and potential litigation

	8G. IP Policy Developments: Updates and Best Practices
	Intermediate, Discussion Group
	Room: Nob Hill A - B
	Student-developed IP Copyright in course materials Trademarks (other than collegiate marks) IP supported by seed or innovation funds Revising traditional IP policies, including a discussion of the process and how to address stakeholder concerns

	8H. Law Enforcement on Campus: Key Issues in Campus Security
	Discussion Group
	Room: Nob Hill C - D
	Arming of campus law enforcement and active shooter concerns Race relations between minority communities and campus law enforcement Reflecting on Clery, VAWA, and Title IX compliance efforts Providing effective public safety while going global Communication gaps between campus law enforcement and other departments

10:15 am - 10:45 am
	B5. Break
	[none]
	Room:


10:45 am - 12:00 pm
	9A. Representing the Hydra: Preserving the Attorney-Client Privilege While Working with Multiple Constituents
	Intermediate, Regular Session
	Room: Golden Gate A
	Key issues and recent legal developments concerning the attorney-client privilege relevant to institutions Identifying the "client" when working with a variety of constituents, including faculty, staff, students, auxiliary organizations, and joint ventures Practical tips for managing potential conflicts and analyzing ethical dilemmas when working with multiple constituents and entities

	9B. Ask The Pro: A Crystal Ball View of the Year Ahead in Washington Politics
	Intermediate, Discussion Group
	Room: Salon 1 - 3
	Impact of the upcoming election on higher education Congressional activity: what to expect in the year ahead Political climate change in DC: will there be any? Agency activity: what to expect in the year ahead

	9C. Employment Law Update
	Advanced, Regular Session
	Room: Golden Gate B
	The hottest employment law topics of the last year, including discrimination, unions, enforcement actions, constitutional issues, hiring, wage and hour, and disabilities and accommodation Will use interactive game show format

	9D. Developing and Managing Policy: What is the Role of the University Attorney?
	Intermediate, Regular Session
	Room: Salon 4 - 6
	Essential elements of a university policy administration system Emerging best practices for a university to use in the development and maintenance of institution-wide policies Review of potential models for policy administration systems for different size institutions Description of the role university attorneys play in institutional policy management and administration

	9E. Title IX and Sexual Misconduct: Advice from the Trenches
	Advanced, Discussion Group
	Room: Golden Gate C2 - C3
	Panelists will be ready to address your questions concerning the many challenges in implementing a process for addressing allegations of sexual misconduct Topics will include (1) designating responsible employees and confidential employees; (2) weighing a complainant's request for confidentiality against an institution's safety concerns; (3) conducting balanced and compliant conduct proceedings that can withstand legal challenge; (4) juggling privacy issues; and (5) managing high-profile cases

	9F. Borrower Defense to Repayment: What You Don't Know Really Could Hurt You
	Intermediate, Regular Session
	Room: Salon 13 - 15
	Potential sanctions: for-profit and non-profit institutions alike What we learned from the rulemaking process How to prepare your institution