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Sunday, June 23, 2019
9:00 am - 10:30 am
  AG01. WACO
  [none]
  Room: Mineral C
 
WACO began 25 to 30 years ago as an assortment of attorneys representing western institutions of higher education. It is now a NACUA affinity group that provides an opportunity for college and university attorneys from around the country to meet as a smaller group in a more casual context to discuss issues of common concern and to develop valuable relationships.
 
  N4. Southeastern Conference General Counsel Meeting
  [none]
  Room: Mineral A
 
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.
 
11:00 am - 12:00 pm
  SIG1. Community Colleges
  [none]
  Room: Mineral B
 
Discussion among attendees representing community colleges.
 
  SIG2. Museums, Libraries, and Collections
  [none]
  Room: Mineral C
 
Discussion among attendees representing museums, libraries, and collections.
 
  SIG3. Religious and Church-Related Institutions
  [none]
  Room: Agate A
 
Discussion among attendees representing religious and church-related institutions.
 
  SIG4. Academic Medical Centers and Medical Colleges
  [none]
  Room: Granite A
 
Discussion among attendees representing academic medical centers and medical colleges.
 
  SIG5. Historically Black Institutions
  [none]
  Room: Granite B
 
Discussion among attendees representing historically black institutions.
 
  SIG6. Teachers of Higher Education Law Courses
  [none]
  Room: Granite C
 
Discussion among attendees representing teachers of higher education law courses.
 
1:00 pm - 1:15 pm
  WELCOME. Welcome & Opening Remarks
  [none]
  Room: Centennial A-E
 
 
1:15 pm - 2:30 pm
  PLENARY. Opening Plenary: Supreme Court Update with Dean Erwin Chemerinsky
 Sponsored by Pepper Hamilton LLP
  [none]
  Room: Centennial A-E
 
NACUA is pleased to again welcome one of the nation’s leading experts on the Supreme Court, Dean Erwin Chemerinsky, to deliver his unique overview and analysis of the current Supreme Court term and his predictions for the following term. Dean Chemerinsky will highlight cases with the potential to affect higher education and make insightful observations about the Court and the impact of recent events on its work.  This not-to-be-missed opening plenary will provide the ideal launchpad as we gather for the 59th Annual Conference to consider developments and emerging trends throughout higher education law.
 
2:30 pm - 3:00 pm
  B1. Refreshment Break
 Sponsored by Cozen O'Connor P.C.
  [none]
  Room: Centennial Foyer & Capitol Foyer
 
 
3:00 pm - 4:15 pm
  01A. Ethics in Social Media
  Basic, Regular Session
  Room: Granite A-C
 
  • The ABA Model Rules of Professional Conduct with respect to the use of social media
  • Common sense use of social media, including how to use social media effectively and responsibly
  • Common pitfalls for attorneys in using social media and how to avoid them
  • The risks of "false friending"
 
  01B. Negotiating Confidentiality Agreements Involving Research and Technology Development: The Basics and Beyond
  Basic, Regular Session
  Room: Mineral D-E
 
  • Basic elements of confidentiality agreements as well as complex and challenging issues regarding such agreements
  • Bilateral versus Unilateral CDAs
  • Importance of the definitions of “Confidential Information” and “Purpose”
  • Appropriate exclusions
  • Pros and cons of Marking/Labelling Requirement
  • Who signs? Individual faculty member or institution and why it matters
 
  01C. Historical Allegations of Sexual Misconduct at Religious Schools
  Intermediate, Discussion Group
  Room: Mineral A
 
  • Help your client navigate the competing concerns and demands for transparency, confidentiality, victim care, and defamation
  • When and how should you investigate historical allegations of sexual misconduct?
  • Walk away with a checklist of issues to consider when responding to historical allegations of sexual misconduct
  • Discuss with your peers developing strategies to prevent the hiring of employees with a history of sexual misconduct
 
  01D. Ask the Pro: The Year Ahead for Higher Education in Washington Politics
  Intermediate, Regular Session
  Room: Capitol 4
 
  • Impact of White House actions and statements on higher education legal policy
  • Review of congressional and agency activity: what to expect in the year ahead and the legal impact
 
  01E. The Good, the Bad, and the Ugly of Private-Public Partnerships
  Intermediate, Regular Session
  Room: Capitol 5-7
 
  • Is a public private partnership (P3) right for your project?
  • What is good about P3s, what can go wrong, and what has gone wrong?
  • What are the factors to consider when deciding whether a P3 makes sense, what are the risk factors in a P3?
  • Negotiating an agreement that works for your institution and your project
  • Examples of successful (and unsuccessful) projects
 
  01F. The Tenure Relationship: Time to Make Up or Break Up? Tips to Either Get Back on Track or Avoid a Messy and Prolonged Split
  Advanced, Regular Session
  Room: Mineral B-C
 
  • Best practices for dealing with underperforming or problematic tenured faculty
  • Considerations when severing the employment relationship of tenured faculty
  • Post-separation issues, including public relations, litigation, and settlements
 
  01G. Sticks and Stones? When Words are Weaponized in the Academic Setting
  Advanced, Regular Session
  Room: Capitol 1-3
 
  • A legal and practical discussion of student and faculty free speech interests in and outside the classroom
  • The tension between student and faculty free speech, academic freedom, and harassment
  • The parameters to regulating speech and artistic expression in an academic setting
  • Responses by students and administrators to speech conflicts, from secret tape recording of lectures to bias response teams
 
  01H. Restorative Justice and Title IX Informal Resolutions
  Intermediate, Regular Session
  Room: Centennial A-C
 
  • Explaining restorative justice and how it differs from mediation and other unstructured informal resolutions
  • The benefits of restorative justice programs and the challenges of implementation
  • Options for informal resolution under the November 2018 Title IX Notice of Proposed Rulemaking and other legal considerations
  • Discussion of various models for restorative justice in sexual misconduct cases
 
  01I. Compliance Forum
  Intermediate, Discussion Group
  Room: Mineral F-G
 
  • Role and authority of a compliance officer
  • Centralized versus decentralized compliance models
  • Creating and effectively implementing training obligations for various stakeholder groups
  • Substantive emerging compliance topics you have or may encounter at your institution
 
4:45 pm - 6:15 pm
  HA. Honors & Awards Ceremony
 Sponsored by WilmerHale
  [none]
  Room: Centennial A-C
 
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, Honorary, and First Decade Awards, as well as Life Membership.
 
6:00 pm - 7:30 pm
  OPRECEP. Opening Reception
 Sponsored by Hogan Lovells US LLP
  [none]
  Room: Centennial D-H
 
Celebrate the official opening of the 59th 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 24, 2019
7:00 am - 8:00 am
  NETBREAK. Networking Breakfast
 Sponsored by Husch Blackwell LLP
  [none]
  Room: Centennial D-E
 
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 - 9:15 am
  02A. Momentous: Turning Daily Moments at Work into a Career of Significance
  Intermediate, Regular Session
  Room: Centennial G
 
  • Are you pulled in different directions, asked to put out numerous fires, and pushed to navigate competing constituencies on campus?
  • The good news is you can dramatically improve the quality of your work life through simple changes in your outlook
  • Draw upon the latest research in mindfulness to help you take everyday moments and transform them into a more satisfying career
  • Sidestep the traps that lead to negativity and brush off the daily annoyances that can hold you back
  • Make mindfulness a natural part of your everyday life and see the impact of your work in more meaningful and lasting ways
 
  02B. Implicit Bias: How to Recognize It and What Campus GCs Should Do About It
  Intermediate, Regular Session
  Room: Capitol 5-7
 
  • Overview of the research behind implicit bias and recent studies on how it impacts admissions, hiring, evaluations, and promotional opportunities
  • Confirmation bias, affinity bias, in-group bias and other related mental constructs
  • When, and under what circumstances, might implicit bias develop into illegal discrimination?
  • Examine your own implicit biases that do not necessarily align with your declared beliefs and identify strategies for change
 
  02C. Building Trust and Effectiveness as General Counsel
  Intermediate, Discussion Group
  Room: Mineral A
 
  • Unquestioned integrity is essential
  • Establishing, maintaining, and - when necessary - repairing key relationships
  • Building organizational trust in a complex institution
  • Developing capacity, adding value, and helping the client understand the general counsel's role
  • Dealing with ethical issues and handling the challenges that come with increasing influence
 
  02D. Keeping Your Trustees on Track
  Advanced, Regular Session
  Room: Capitol 4
 
  • Using enterprise risk management principles to collaborate effectively on compliance, risk, and stewardship
  • Guiding trustees in their role of governing and steering them clear of managing daily activities of the institution
  • Determining what information to share - and when - about threatened or pending legal claims
  • Enhancing communication between counsel's office and the trustees to set and meet expectations
  • Building counsel's relationship with the president to ensure board compliance and support for best practices
 
  02E. Athletics Forum
  Intermediate, Discussion Group
  Room: Centennial H
 
  • NCAA Update, including litigation updates
  • Sports wagering
  • E-sports phenomenon and emerging trends in college athletics
 
  02F. Service Learning and Internships Abroad
  Basic, Regular Session
  Room: Centennial F
 
  • Overview of the various types of non-traditional models for experiential/applied learning beyond the scope of the traditional study abroad blueprint
  • Discussion of associated legal, tax, and regulatory compliance concerns, such as foreign labor law compliance, insurance, and visa restrictions
  • Organizational strategies and best practices for addressing the associated legal and compliance concerns
  • Tips for working and contracting with third-party foreign and domestic entities that assist in or offer experiential/applied learning and service programs abroad
 
  02G. Peeling Back the Layers of #MeToo
  Advanced, Regular Session
  Room: Mineral B-C
 
  • Shifting cultural norms and the full range of behavior from insults to sexual assault
  • Navigating the murky waters of consent
  • The effect of unconscious bias and historical implications of race
  • Pressure points in negotiating resolutions
 
  02H. Student Conduct Litigation Update: Beyond Title IX!
  Intermediate, Regular Session
  Room: Centennial A-C
 
  • Shifting Duties – is there a conscious or subconscious move back towards in loco parentis?
  • The Contractual Relationship – what, exactly, forms the “contract” and is it growing or shrinking?
  • “Due process” expectations, even for private institutions
  • Student organizations - defend, not defend, join as party, or file a counterclaim?
  • The Next Big Thing - free speech versus harassment and disruptive conduct versus mental health issues
 
  02I. Taking the Risk out of RIFS and Budget Cuts: A Disciplined and Equitable Approach to Making Hard Choices
  Intermediate, Regular Session
  Room: Mineral D-E
 
  • Options available to avoid layoffs and how to avoid making the wrong cuts
  • Factors, approaches, and strategies in determining what to cut when facing financial challenges
  • Process to determine whether/and which reductions in force and/or budget cuts are necessary/effective
  • Legal issues raised by staff and/or faculty reductions in force and alternative budget cuts
  • Developing a plan to implement decisions made, including a communications strategy
 
  02J. Research and Tech Transfer Forum
  Intermediate, Discussion Group
  Room: Capitol 1-3
 
  • Foreign influence and participation in sponsored research
  • Faculty start-ups and conflicts of interest
  • International research matters: international sites, cross-border collaborations, data transfers
  • Trends in human subjects research
 
  02K. Representing Religious and Church-Related Institutions: Current Issues and Trends
  Intermediate, Discussion Group
  Room: Mineral F-G
 
  • Join colleagues to discuss hot topics and upcoming issues for religious and church-affiliated institutions   
 
9:15 am - 9:30 am
  B2. Break
  [none]
  Room:
 
 
9:30 am - 10:45 am
  03A. ADA and FMLA Theatre
  Intermediate, Regular Session
  Room: Centennial A-C
 
  • A theatrical piece of various vignettes on sticky ADA and FMLA issues, as well as their intersection
 
  03B. Luggage, Sensible Shoes, Your Passport, and Federal Law: What To Pack (And Unpack) for International Programs
  Intermediate, Regular Session
  Room: Centennial G
 
  • Application of the Clery Act, as amended by the VAWA and Title IX, in overseas and distance programming, including potential changes to Title IX interpretation
  • Research on dangers in study abroad compared to on-campus study, and some country-specific dangers for students traveling abroad
  • Best practices for student conduct record review, codes of conduct, and legal requirements that apply overseas and at a distance
  • Models for responding to reports of violence overseas and identifying responsible parties
  • Training requirements and best practices for students, faculty, and staff responses to health, safety, and security risks
 
  03C. Advising Your College or University through Leadership Changes
  Intermediate, Regular Session
  Room: Centennial F
 
  • Advising institutions planning presidential successions and other senior leadership transitions
  • Structuring and managing searches - legal considerations at public and private institutions
  • Vetting consultants and search firms
  • Negotiating the new president’s contract and other contracts
  • The on-boarding process, including educating senior leaders on the role of the general counsel
 
  03D. More Brand for Your Buck: Managing Institutional Trademarks
  Intermediate, Regular Session
  Room: Mineral D-E
 
  • Trademark Portfolio Management: effective strategies for determining the availability of new marks, including clearance searches
  • Are new federal, state, or international trademark registrations appropriate and desirable?
  • Preparing strong trademark applications and reducing associated outside counsel expense and internal client burdens
  • Licenses: trademark licensing considerations, including apparel/merchandise licensing, codes of conduct, use of licensing agents, internal promotional items, academic collaborations, and vendor or other third party requests to use a school’s name or other marks
  • Enforcement: legal and practical considerations in enforcing your marks, including suggestions for drafting demand letters, alternative communication strategies to address trademark concerns, and minimizing “trademark bully” perceptions
 
  03E. Dealing with Education Technology: Inviting Privacy and Cybersecurity Issues on Campus?
  Advanced, Regular Session
  Room: Capitol 1-3
 
  • Themes and lessons learned from recent issues involving education technology on campus
  • Cybersecurity concerns arising from the many devices students bring on campus
  • State laws and regulations related to privacy and cybersecurity of education technology
  • Effective ways to ensure compliance of edtech vendors and mitigate risks they create
  • Consequences of poor edtech vendor management
 
  03F. Anti-Diversity Complaints
  Intermediate, Regular Session
  Room: Capitol 4
 
  • Review the recent trend in anti-diversity complaints filed internally and with the Office for Civil Rights challenging institutions’ diversity efforts targeted at women and minority students and faculty
  • Understand governing regulations regarding race-neutral and gender-neutral programs and activities, and review helpful resolution agreements
  • Learn how to spot a program that potentially runs afoul of Title VI or Title IX and how to restructure it to preserve its goals while making it compliant under the law
  • Tips for responding to an internal complaint or notice of investigation
 
  03G. Mitigating Stress, Compassion Fatigue, and Impaired Practice in the Legal Profession
  Basic, Regular Session
  Room: Mineral A
 
  • A review of the most recent national research and literature on the health and wellbeing of the legal profession, including mental health and substance abuse rates among lawyers
  • Defining stress, trauma, and secondary traumatic stress from neurobiological and neurophysiological perspectives
  • Personal and job-specific factors that contribute to a higher risk for stress and behavioral health issues among lawyers, including substance use and mental health disorders
  • Recognizing the cognitive, emotional, behavioral, and physical signs and symptoms of stress, burn out, and substance abuse disorders, including their impact on professional and ethical functioning
  • Information on resources for prevention, treatment, and recovery of both mental health and substance use disorders
 
  03H. Ten+ Years After Virginia Tech: Revisiting the Efficacy of Behavioral Intervention Teams
  Intermediate, Regular Session
  Room: Capitol 5-7
 
  • Preventing crises – is it possible?
  • Utilizing models – a review of the behavioral intervention team models and the model practices models
  • Avoiding pitfalls and associated risk for behavioral intervention teams
  • Balancing ethical obligations regarding confidentiality with duty to report
 
  03I. Revoke, Rescind, Return? Handling the Impact of Donor and Honoree Misconduct
  Intermediate, Discussion Group
  Room: Mineral F-G
 
  • Difficulties faced by institutions when a donor or honoree is accused of misconduct
  • Public relations options, strategies, and model practices that institutions may take in the face of such dilemmas
  • The legal and practical ramifications that may follow
 
  03J. Real Property Forum
  Intermediate, Discussion Group
  Room: Centennial H
 
  • Redevelopment, campus placemaking, and university as landlord
  • Managing non-academic uses of campus and near-campus assets: leasing restrictions and operating requirements
  • Construction work on campus: minimizing impacts to ongoing operations, responding to construction mishaps, defects, and disasters
  • Managing and maintaining fraternity and sorority chapter houses: physical asset and behavior issues
  • Counsel's role in governance approvals for real estate and construction projects
 
  03K. Playing Nice in the Sandbox: OGC, Risk, and Other Campus Partners
  Intermediate, Regular Session
  Room: Mineral B-C
 
  • The evolving relationships between OGC, risk managers, and clients at both at both public and private institutions
  • Broader view on how this relationship impacts liability and potential losses from the United Educators lens
  • Tips for building collaborative relationships to create improved outcomes for campus risk and moving away from OGC as the “office of no”
  • Beyond insurance: a closer look at engaging campus partners to manage and prevent risk
 
10:45 am - 11:15 am
  B3. Refreshment Break
 Sponsored by Bricker & Eckler LLP
  [none]
  Room: Centennial Foyer & Capitol Foyer
 
 
  SIDEBAR. Learn More About NACUA Committee Volunteer Service
  [none]
  Room: Limestone
 
Join NACUA staff and leaders for an informal question-and-answer session about volunteering for NACUA service.
 
11:15 am - 12:30 pm
  F1. Featured Session: Student Mental Health: Understanding and Responding to the Challenge
  Regular Session
  Room: Centennial A-E
 
The impact of mental health challenges on campus is increasingly on the minds of the higher education community, including NACUA’s members.  Our focus on student mental health concerns is significant and the challenges also affect all parts of the campus community, including staff and faculty.  These high-stakes issues can and must include a range of institutional support mechanisms and resources.  Moreover, we find ourselves in a time of changing legal expectations concerning institutional responsibilities and campus mental health.  What are the implications of the current state of the law and expectations from a multitude of stakeholders regarding how institutions will plan for and respond to mental health-related challenges on campus?
 

In this plenary session, you will hear from an expert on student mental health and counseling center trends and data.  With this context, he will then be joined by a student affairs vice president and a general counsel to discuss the current legal landscape as well as key legal and practical considerations in effectively anticipating, managing, and responding to student mental health issues on campus. 
 
Tuesday, June 25, 2019
7:45 am - 9:00 am
  LEADBREAK. Leadership and Membership Recognition Breakfast
 Sponsored by Cullen and Dykman LLP
  [none]
  Room: Centennial A-C
 
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 outgoing Chair Leanne Shank, Law School Admission Council
  • Remarks from incoming Chair Jerry Blakemore, University of North Carolina at Greensboro 
  • Board of Directors elections results
  • Recognition of NACUA's 2018 - 2019 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 2020 Annual Conference in Columbus, OH. Attendees must be present at the breakfast to be eligible to win.
 
  NETBREAK2. Networking Breakfast
 Sponsored by Akin Gump Strauss Hauer & Feld LLP
  [none]
  Room: Centennial D-E
 
As an alternative to the Leadership Breakfast, a continental breakfast will be available here until 9:00 A.M. Please note that we will stop serving food at the Leadership Breakfast at approximately 8:15 A.M.
 
9:15 am - 10:30 am
  04A. Building Partnerships and Developing Agreements with Foreign Institutions
  Intermediate, Regular Session
  Room: Centennial G
 
  • Overview of common international academic partnerships and their legal implications
  • U.S. and foreign regulations that govern academic partnerships abroad -- accreditation, financial aid, student records, privacy, health and safety, international trade, and more
  • Expert practice tips for agreements with foreign institutions, including negotiating key terms and conditions
  • Deep Dive: Agreements for Study Abroad/Exchange and Technical Assistance/Capacity Building
  • Foreign partner perspectives on building effective relationships
 
  04B. Graffiti, Prying Eyes, and the Marrakesh Express: Burgeoning Topics in Campus Copyright
  Advanced, Regular Session
  Room: Mineral F-G
 
  • How the Visual Artists Rights Act (VARA) influences the ways your campus thinks about art, buildings, and graffiti
  • What does “open access” really mean and why might that lead a campus to abandon Elsevier?
  • How does copyright affect your campus’ ability to accommodate people who have disabilities and what does the Marrakesh VIP Treaty mean for the work we do?
  • How the ReDigi case might affect your library's plans
  • How to handle infringement claims when there is no one to talk to
 
  04C. Defending Against Claims by Respondents in Title IX Cases
  Advanced, Regular Session
  Room: Capitol 4
 
  • When does defense of the college or university begin?
  • Standard requests made by counsel representing respondents during the investigation or disciplinary process and how to respond
  • The challenges for public versus private institutions
  • Successful litigation strategies
  • Trends by jurisdiction
 
  04D. An "Update and Restart" for Website Accessibility Compliance on Your Campus
  Intermediate, Regular Session
  Room: Capitol 1-3
 
  • Legal Update: laws, regulatory activity, and enforcement actions
  • Practical Demonstration: how to leverage free technology to enhance web accessibility
  • Navigating an OCR Complaint: negotiating a resolution when 100% compliance is not attainable
  • Developing a Compliance Plan: elements of a strong plan and practical take-aways
 
  04E. Cybersecurity for Higher Education Lawyers: Essential Elements and Recommended Practices
  Intermediate, Regular Session
  Room: Centennial F
 
  • A look at the requirements of Rule 1.6 to make "reasonable efforts" and take "reasonable precautions" to prevent the disclosure of confidential client information in the digital era
  • Learn how to cover all the bases of computer, smartphone, tablet, email, wireless, and document encryption
  • Establish best practices in your office that will make sure your confidential information remains confidential
 
  04F. GDPR Implementation: Where Are We Now?
  Intermediate, Discussion Group
  Room: Centennial H
 
  • Ensuring compliance with GDPR
  • Designating a data privacy officer and implementing records of processing activity protocols
  • The intersection of GDPR and Title IX
  • Responsibilities of and relationship between data controllers and data processors
  • Evolving GDPR litigation, enforcement, and remediation efforts involving U.S. higher education institutions
 
  04G. The New Title IX Regulations: From Safe Harbors to Uncharted Waters
  Advanced, Regular Session
  Room: Capitol 5-7
 
  • Overview of the regulations and major changes from previous guidance from the Office for Civil Rights
  • Practical impact and challenges of the regulations in student and employee contexts
  • Unresolved issues
 
  04H. The Inside Scoop on Governance: An Interview with AGB's President
  Intermediate, Regular Session
  Room: Mineral D-E
 
  • How higher education governance has evolved over the last 30 years and the challenges posed by today’s tumultuous climate
  • Watershed moments to celebrate and moments to learn from
  • How the explosion of legal issues facing colleges and universities has shaped the role of governing boards, senior leadership, and counsel in ensuring effective governance and advocating for the value of higher education
  • How college and university counsel can best support board members and boards
  • Key governance topics requiring the attention of governing boards and their counsel going forward
 
  04I. In Re Lady Lawyers: Navigating Gender Bias in Higher Education
  Intermediate, Regular Session
  Room: Mineral A
 
  • Explore the science and data behind the assumptions, biases, and obstacles that female attorneys in higher education commonly face
  • Identifiy personal and professional strategies to succeed as a female attorney in higher education
  • Learn from lived experiences of female in-house counsel within diverse higher education contexts
 
  04J. Conducting Investigations into Coach and Athletic Staff Misconduct
  Intermediate, Regular Session
  Room: Mineral B-C
 
  • The Hiring Process: due diligence, letter of appointment/coach contract provisions, performance reviews, and expectations of conduct
  • Developing standards and sources of appropriate conduct and reporting protocols
  • The relationship between the general counsel and the director of athletics
  • When is an investigation warranted and when should an independent investigator be retained?
  • Managing the practical and operational impacts of an investigation: strategies for containment of potential employment claims and shaping the public conversation on and off campus
 
10:30 am - 11:00 am
  B4. Refreshment Break
 Sponsored by Taft Stettinius & Hollister LLP
  [none]
  Room: Centennial Foyer & Capitol Foyer
 
 
11:00 am - 12:15 pm
  05A. Getting Boards from Good (or Bad) to Better (or Best!)
  Intermediate, Regular Session
  Room: Centennial F
 
  • Good Boards: best practices and elements of a healthy, functioning board
  • Bad (or not-so-good) Boards: micromanaging, cliquish, politicized, conflicted, "rubber stamp" boards
  • Special challenges: Board members who are faculty, students or lawyers; quasi-boards such as Boards of Visitors and Alumni Association boards
  • General Counsel's role in helping boards perform their duties, overcome challenges, and get back on track
  • Public Boards: the added challenges of sunshine laws and political appointees
 
  05B. Global Compliance in Uncertain Times: Keeping up with Export Controls, Economic Sanctions, and the Foreign Corrupt Practices Act
  Intermediate, Regular Session
  Room: Capitol 4
 
  • Overview of key regulations: a short refresher on export controls (ITAR/EAR), economic sanctions (OFAC), and the FCPA
  • Front line challenges faced by universities engaged in international activities, such as hosting foreign scholars, participating in international conferences, engaging in international research collaborations, and the complexity of dealing with foreign officials
  • Practical advice and case studies on how universities can leverage compliance resources for effective problem solving
  • Tips on navigating hot topics such as technology controls to manage Washington's current China concerns
  • Developing resources for FCPA/Anti-corruption awareness and training programs
 
  05C. Employment Law Update: Regulation, Litigation, Arbitration, and Legislation
  Intermediate, Regular Session
  Room: Centennial A-C
 
  • What’s happening at the EEOC and Department of Labor
  • NLRB and collective bargaining update
  • Religious beliefs, LGBTQ employees and the Supreme Court
  • Pay equity in 2019
  • Arbitration agreements and class action waivers
 
  05D. Be Careful What You Wish For: The Legal Risks of Asserting Control Over Student Organizations and an Alternative Approach
  Intermediate, Regular Session
  Room: Capitol 5-7
 
  • Strategies to bring legal clarity to the amorphous “us/not us” debate
  • Relevant factors to defining whether an institution has control
  • Why your institution should care whether it has control over student organizations
  • Pros and cons of relinquishing control and maintaining a classification for independent student organizations
 
  05E. Federal Tax Update, Including a Focus on the Tax Cuts and Jobs Act
  Intermediate, Regular Session
  Room: Mineral F-G
 
  • Review of recent tax developments, including guidance from the IRS and judicial decisions
  • Excise tax on payments to highly-compensated employees
  • Endowment investment excise tax on private colleges and universities
  • Tax changes that affect operations that you should know about, including the suspension of tax-free moving expense reimbursements, the new parking tax, and changes to charitable deductions
 
  05F. Legal Tech Tips, Tricks, Apps and Websites
  Intermediate, Regular Session
  Room: Centennial G
 
  • Fast-paced session on the latest in legal technology including apps, tricks, and websites
  • Tips on managing tasks and deadlines as well as password management
  • Gadgets and utilities that will help you communicate more efficiently and explain difficult concepts to clients more effectively
  • Mobile device and cloud computing
  • Methods to securely share documents with clients and outside counsel
 
  05G. Let’s Work Together: ADA Issues on Campus
  Intermediate, Regular Session
  Room: Capitol 1-3
 
  • Overcoming the challenges of consistent ADA compliance across campus and the role of counsel in securing buy-in for ADA compliance
  • Tips for drafting institutional policies that work across the board
  • Advising the ADA Coordinator and/or Disabilities Services Office
  • Integrating ADA coordination with threat assessment and student support team functions
  • ADA governance structures that work
 
  05H. Not Just Sex: Harassment in the #MeToo Era
  Advanced, Regular Session
  Room: Mineral B-C
 
  • State and federal law developments and overlapping issues
  • Intersectional harassment and combined claims
  • Model practices for prevention, intervention, and response
  • Practical guidance for training students and employees
  • Remedial schemes that stick and effective use of ADR
 
  05I. Pivoting Again: Regulatory Changes and Other Forces Impacting Title IX Compliance
  Intermediate, Discussion Group
  Room: Mineral D-E
 
  • How the Department of Education’s proposed regulations will impact the way institutions address sexual harassment and sexual violence allegations, including aspects of the proposed regulations that could be helpful for colleges and universities
  • The types of adjudication methods that institutions have found effective in providing a fair and impartial process, and how the Department’s proposed regulations will impact these practices
  • Current involvement of advisors and what the proposed regulations provide for the role of advisors
  • Different approaches to defining the scope and reach of institutions’ Title IX policies and the impact proposed regulations will have on current practices
  • How research into the value, effectiveness, and outcomes of education and prevention programs are influencing institutions’ practices
 
  05J. Student-Athlete Well-Being and Understanding the Evolving Standard of Care
  Intermediate, Regular Session
  Room: Centennial H
 
  • What higher ed lawyers should know about sports medicine oversight, keying on NCAA guidance
  • Discussion of topical health issues in college athletics such as concussions, mental health, and substance abuse
  • Exploration of an institution's duty of care in administering athletic programs in view of heightened scrutiny and high-profile cases
 
  05K. Responding to the NAS Report on Sexual Harassment: Proactive Strategies for Change
  Basic, Regular Session
  Room: Mineral A
 
  • Overview of the National Academies 2018 Report on Sexual Harassment of Women in Higher Education
  • Learn about efforts and initiatives at the University of California, Davis to promote accountability and establish a culture of intolerance for sexual misconduct
  • UC Davis’s strategies include requiring all applicants for tenured positions to sign a release permitting previous institutions to share information about findings of misconduct, including sexual harassment, and internal review procedures for faculty under consideration for leadership appointments
  • Learn about efforts and initiatives at the University of Wisconsin System and State of Wisconsin to fill a challenging accountability gap that many employers face regarding hiring and reference check practices for incidents involving sexual harassment and sexual violence
  • UW System’s strategies include comprehensive sharing of personnel files, consistent documenting of sexual misconduct investigations, and improved reference check procedures
 
12:15 pm - 2:00 pm
  ALUNCH. Affinity Group Luncheons
  [none]
  Room:
 
Participate in an affinity group luncheon for those with a commonality of regional, institutional, or personal interests. Please note the location of your affinity lunch - some will be held in the Hyatt Regency Denver (Headquarter Hotel) while others will be held at the Grand Hyatt (1750 Welton St.). Lunch will be provided at both locations.  
   
Hyatt Regency Denver (Headquarter Hotel):
  • African American Attorneys (Peaks - level 27)
  • Asian American Pacific Islanders (Centennial D-E - level 3)
  • Association of Catholic Colleges & Universities - Association of Jesuit Colleges & Universities (Centennial D-E - level 3)
  • California Attorneys (Capitol Foyer - level 3)
  • Christian College and University Attorneys (Centennial D-E - level 3)
  • Community College Attorneys (Sandstone - level 4)
  • Michigan Lawyers (Agate A - level 3)
  • Military Colleges (Centennial D-E - level 3)
  • Nebraska Attorneys (Centennial D-E level 3)
  • New England Council of Counsels (Centennial D-E - level 3)
  • Oklahoma Attorneys (Marble - level 4)
 
Grand Hyatt Denver (1750 Welton St.):
  • Florida Attorneys (Mt. Oxford - level 3)
  • Hispanic/Latino Lawyers (Torreys Peak - level 2)
  • International Lawyers (Summit Peak - level 2)
  • Massachusetts Attorneys (Blanca Peak - level 2)
  • New York Attorneys (Mt. Sopris A. - lobby level)
  • North Carolina Attorneys (Mt. Princeton - level 3)
  • Texas Attorneys (Mt. Sopris B - lobby level)
  • Title IX Coordinators (Mt. Harvard - level 3)
 
  NETLUNCH. Networking Lunch
 Sponsored by JAMS
  [none]
  Room: Centennial D-E
 
This is your chance to continue to network with colleagues over lunch.
 
2:00 pm - 3:15 pm
  06A. "But Who Has the Time . . . ?" Solo and Small General Counsel Office Role in Making Time to Review and Update Institutional Policies
  Intermediate, Regular Session
  Room: Centennial F
 
  • Identifying institutional governance documents and who at your institution maintains them
  • Distinguishing or categorizing governance documents and identifying oversight
  • Scheduling and managing periodic review and updates
  • Policy and practice review and alignment
 
  06B. Foreign Influence and Espionage on University Research and Intellectual Property
  Advanced, Regular Session
  Room: Capitol 1-3
 
  • Foreign Academic Influence and Espionage: who, how, and how pervasive?
  • U.S. government concern and response
  • Response by higher education associations
  • How institutions can combat/prevent foreign academic espionage
  • Legal issues associated with prevention efforts
 
  06C. Coloring Outside the Lines: How Institutions Can Legally and Effectively Recruit and Retain Diverse Perspectives
  Intermediate, Regular Session
  Room: Mineral B-C
 
  • Exploring the fundamental legal justification required for consideration of race and gender in faculty employment, as well as supplemental educational diversity rationales
  • Intersection of good policy imperatives and legal design parameters that must be addressed for success
  • Orienting faculty search committees, department chairs, and deans on current law and permissible language
  • Defining “diversity” and “inclusion” at the institutional mission level; Institutionalizing truly inclusive hiring practices; presenting the intellectual and research case for diversity
  • Increasing diverse applicant pools via careful definition of the academic subject area and using cluster hires; the importance of intentional retention efforts from the time of hire
 
  06D. Counsel's Role in Navigating Governance Challenges
  Intermediate, Discussion Group
  Room: Centennial H
 
  • Addressing allegations of trustee misconduct
  • Ensuring confidentiality and managing conflicts of interest
  • Navigating factions and transitioning to new leadership
  • Facilitating maintenance of board focus on institutional priorities
  • Political and other outside influence on college and university governance
 
  06E. Investigations 101: Setting the Stage for Success
  Basic, Regular Session
  Room: Capitol 4
 
  • The unique role of university legal counsel/compliance office in planning and carrying out Title IX, employee misconduct, and other investigations
  • Investigation staffing, including internal versus external determinations
  • Investigator training requirements, content, and resources
  • Best practices for mitigating investigation-related legal and compliance risks
 
  06F. Down the Rabbit Hole: Entering the World of Student Mental Health and Threat Assessment
  Advanced, Regular Session
  Room: Centennial A-C
 
  • Explore the impact of student mental health crises through several case studies
  • Gain insight into challenges faced by colleges and universities when confronted with these complex, far-reaching issues.
  • What are best practices for conducting threat assessments of students who report or exhibit signs of mental health concerns?
  • What steps should (or must) an institution take to prepare for and respond to student mental health crises, including cases of threatened harm to self or others?
  • How do institutions balance concerns about potential liability, both with respect to an individual student and the larger community? (a/k/a, the "which suit would you prefer to defend?" conundrum)
 
  06G. Going Paperless or Reducing Paper in the Legal Environment
  Intermediate, Regular Session
  Room: Mineral F-G
 
  • The tools for paper to digital are only part of the solution
  • To really accomplish meaningful paper reduction, you need proper workflow, education, mobile devices, protocols, a better way to search for files, and a digital filing system to hold it all
  • This session lays out the roadmap to follow if you want to unbury yourself from all the paper and digital information scattered in multiple locations
  • Sick of dealing with all of the paper? Learn how to liberate yourself and your office
 
  06H. What General Counsel Should Know About the U.S. Department of Education's New Rules
  Intermediate, Regular Session
  Room: Capitol 5-7
 
  • An overview of the status and substance of the U.S. Department of Education’s extensive rulemaking efforts as of June 2019, to include the likely timing of new, final rules
  • A closer look at the rulemaking that occurred in early 2019 concerning the role of accreditation, authorization of online programming, and competency-based education, with a focus on issues of particular concern for NACUA institutions
  • A discussion of the Department’s new rule governing student loan discharge claims and financial responsibility, highlighting key concerns for general counsel
 
  06I. We're All in this Together: Accepting Equity and Equity Alternatives in Startups Using University Technology
  Intermediate, Discussion Group
  Room: Centennial G
 
  • What should drive the decision of whether to accept equity in university-affiliated startups?
  • How does a university guard against subsequent dilution of its equity shares?
  • Who should hold and manage the university's equity interests?
  • What is phantom or virtual equity?
 
  06J. Outsourcing University Functions: An Overview with a Focus on Endowment Management
  Basic, Regular Session
  Room: Mineral D-E
 
  • Why outsource?
  • What functions may be likely candidates for outsourcing?
  • What should be considered prior to outsourcing?
  • What are the risks associated with outsourcing and insourcing, and potential pitfalls for the unwary?
  • Outsourcing endowment management: different models; key questions and contract terms; identity and selection of third party advisor; transition issues
 
3:15 pm - 3:45 pm
  B5. Ice Cream Break
 Sponsored by Pillsbury Winthrop Shaw Pittman LLP
  [none]
  Room: Centennial Foyer & Capitol Foyer
 
 
3:45 pm - 4:30 pm
  07A. Authority Does Not Always Win: Protest Speech of Student Athletes and Athletics Employees
  Intermediate, Regular Session
  Room: Centennial F
 
  • First Amendment assumptions
  • Regulating speech in the broader context of institutional mission (including distinction between public and private)
  • Conceptualizing protests as compelled speech versus regulation of speech
  • What type of forum is a sporting event and how do you tell?
  • Emerging institutional practices and policies for addressing protest speech
 
  07B. Divining Academic Freedom at Religious Institutions
  Advanced, Regular Session
  Room: Mineral D-E
 
  • Overview of the legal foundations of academic freedom
  • Discuss developments within higher education regarding the meaning—and limitations—of academic freedom
  • Address how different religious institutions can and do define "academic freedom" consistent with their religious missions as well as strategic imperatives
 
  07C. Focus on GDPR and Other Privacy Laws: How to Develop and Implement a Practical Approach to Compliance
  Intermediate, Regular Session
  Room: Centennial A-C
 
  • Incorporating multiple legal frameworks, including GDPR, FERPA, and state laws, into a comprehensive compliance program
  • Developing and implementing sound data protection controls
  • Working with vendors and dealing with contracts
  • Communicating with internal stakeholders
  • Lessons learned
 
  07D. Managing the Office of General Counsel: Telework Approaches and Considerations
  Intermediate, Regular Session
  Room: Mineral F-G
 
  • With the right tools, you can now work remotely from almost any location and still have access to all the data, tools and resources you enjoy while in your office
  • With today's mobile hardware, software, cloud computing and the proliferation of Internet access, you can practice from just about anywhere you can sit down
  • Discussion and demonstration of currently available tools and technologies that allow your office to be where ever you happen to be
 
  07E. Legal Project Management for University Counsel
  Basic, Regular Session
  Room: Capitol 4
 
  • What is project management, what are its goals, and how does it deliver value to attorneys and clients in the higher education legal sector?
  • Enhancing how the Office of General Counsel approaches its work through project management
  • The role of and relationship between the legal project manager, in-house counsel, and outside counsel
  • Skills to be an effective legal project manager
  • Common IT tools and other technologies in use for legal project management
 
  07F. The Best Revenge: Practical Thoughts on Navigating Complicated Retaliation Issues
  Advanced, Regular Session
  Room: Capitol 5-7
 
  • A legal and practical discussion of nettlesome retaliation issues and how counsel can thoughtfully guide institutions through the thicket
  • Best practices for investigating complaints of retaliation including common issues regarding evidence gathering
  • Handling complaints and counter-complaints of retaliation brought by employees and students
  • Discussing approaches when an unsatisfied complainant goes public with the results of an investigation
  • Managing retaliation risk when complainants and respondents must continue to work or go to class together
 
  07G. Wide World of Sports Liability
  Basic, Regular Session
  Room: Mineral B-C
 
  • Spanning the country to bring you a variety of sports liability issues that have arisen during the past year, including:
  • E-Sports/E-Gaming: Overview of e-sports/e-gaming and its legal and practical issues in the areas of Title IX, hazing, licensing, software, and student affairs;
  • The Justice Department’s Foray into College Athletics: A review of the criminal charges brought against several men's basketball coaches and shoe company executives, the regulatory response by the NCAA, and the long-term impact on collegiate sports generally;
  • Sports Wagering Legalization: A look at the response from state governments, federal government, NCAA, and various institutions after Supreme Court’s decision to overturn the Professional and Amateur Sports Protection Act. A review of the impact of sports wagering legalization on student-athletes and game integrity
 
  07H. The Silk Road Express: Flash Updates on Operating Educational Activities in China and India
  Intermediate, Regular Session
  Room: Centennial G
 
  • Recent trends and developments on various Chinese and Indian laws applicable to foreign higher education institutions operating various types of educational activities in China and India
  • Emerging models of collaborations and in-house perspective of undertaking educational activities in those countries
  • Recommendations for dealing with foreign influence and academic espionage issues related to Chinese students and/or institutions
 
  07I. New UBIT Rules: "Siloing" of Unrelated Activities and Provision of Qualified Transportation Fringe Benefits
  Intermediate, Regular Session
  Room: Centennial H
 
  • Review of IRS Notices 2018-67 and 2018-99
  • What is and is not a “reasonable position?"
  • What you need to know
  • What you need to do
  • Offsetting income by losses, including pre-2018 accumulated losses
 
  07J. We're Supposed to Do What to Our Old Buildings?! Understanding and Applying Accessible Facilities Requirements
  Intermediate, Regular Session
  Room: Capitol 1-3
 
  • Review of the key points for accessibility improvements and navigating the Americans with Disabilities Act (“ADA”) and Fair Housing Act (“FHA”), including requirements for alterations  
  • Requirements for existing buildings including program accessibility - Title II of ADA  
  • Requirements for existing buildings including barrier removal - Title III of ADA  
  • Discussion of current hot accessibility topics and changes in relevant case law 
 
Wednesday, June 26, 2019
8:00 am - 9:00 am
  NETBREAK3. Networking Breakfast
 Sponsored by Littler Mendelson P.C.
  [none]
  Room: Centennial D
 
 
9:00 am - 10:15 am
  08A. Advice from the Inside: How External Counsel Can Be More Successful with In-House Counsel
  Intermediate, Discussion Group
  Room: Mineral F-G
 
  • In-house higher education attorneys share insights on how they have been able to effectively use external counsel to best serve their client
  • Issue expertise, cost control, and ongoing communication between external and in-house counsel
  • Differing needs of public and private institutions
 
  08B. Best Communications Practices for the Worst Times: Public Relations/Media Communications Skills for Attorneys
  Intermediate, Regular Session
  Room: Centennial A-C
 
  • Leading experts in institutional communications will focus on the legal-communications partnership in a crisis context and broadly applicable lessons in a range of communications strategies
  • What are the characteristics of effective institutional communications with media or other interested parties (students, outside agencies, citizens, legislators)?
  • Identifying, understanding, and achieving the institution’s goals in crisis response
  • Counsel's involvement in proactively planning for and delivering responses on behalf of the institution
  • Litigation concerns; seeking media relations consulting; effectively communicating in a crisis to institutional stakeholders, including your governing board
 
  08C. Labor Relations in the Trump Era
  Basic, Discussion Group
  Room: Mineral D-E
 
  • The future of public unions after Janus
  • Adjunct and graduate student unionization
  • Use of university email
  • Joint employer standards
 
  08D. Mining Clinical Data and Specimens: Issues for Academic Medical Centers Partnerships with Industry
  Advanced, Regular Session
  Room: Mineral A
 
  • Legal, regulatory, and contracting issues with giving industry access to clinical data and specimens
  • What new or updated policies may be needed before giving access
  • Different business and contractual arrangements for transferring/sharing data and specimens
  • Contractual provisions and issues to consider when negotiating transfer/sharing terms with industry
 
  08E. The Rise of the "Business Partner:" The Many Hats of the Modern General Counsel
  Intermediate, Regular Session
  Room: Centennial G
 
  • Traditional roles of the general counsel and tensions in serving as legal advisor to both the board and the president
  • Practical and ethical challenges of serving in non-traditional roles, such as board secretary or chief of staff
  • Ethical and privilege issues that arise when the general counsel serves in operational roles as an administrator and policy-maker, including oversight of Title IX, police, and other areas
  • Best practices for ensuring proper interface and coordination between general counsel and compliance, ethics, internal audit, and risk management
  • When the general counsel should say "no" or retain outside counsel for the institution
 
  08F. Sticking Your Nose Where It Does Belong: The Role (and Challenges) of Counsel in Internal Proceedings
  Intermediate, Regular Session
  Room: Capitol 5-7
 
  • Types of internal proceedings
  • Identifying the proceedings that apply to a particular process or dispute
  • The roles university counsel, in-house or external, can play in internal proceedings
  • The pros and cons of involving counsel in internal proceedings
  • Recommended policies and practices for managing the involvement of counsel
 
  08G. Who's Doing What, and When? Defining the Roles of the Compliance Office and OGC
  Intermediate, Discussion Group
  Room: Mineral B-C
 
  • Different compliance models at colleges and universities
  • What is your compliance officer doing?
  • Privilege issues and drawing the line between counsel and compliance
  • GDPR, Title IX, and other challenges: how handled?
 
  08H. Spinouts and Collaborations: When Universities and their Counsel Have to Think Well Outside the "Box"
  Advanced, Regular Session
  Room: Centennial F
 
  • Skills university counsel need and the challenges they are likely to face in complicated collaborations, including the design and execution of two high-stakes, complex spin-out transactions
  • How should legal counsel evaluate a proposed spinout or collaboration in advising a client university whether to do such a deal?
  • What legal issues/topics must be considered when preparing for these transactions?
  • What should be the role of university counsel in the project and how does the university counsel manage and staff a project of this size and complexity?
  • Lessons learned from these transactions—good, bad, “should have been considered,” and great ideas
 
  08I. Race, Color, and National Origin: Title VI of the Civil Rights Act and a Practical Guide to a Compliant Title VI Program
  Intermediate, Regular Session
  Room: Centennial E
 
  • Overview of Title VI litigation and agency enforcement, including recent developments under the Trump administration
  • Addressing race-related tensions over civility in the campus setting, including instructional settings, on-campus presentations and speeches, and student discipline
  • Standards to apply when handling complaints based on race, color, or national origin
 
  08J. Admissions in the Spotlight: Initial Lessons Learned to Assess and Mitigate Risk at Your Institution
  Advanced, Discussion Group
  Room: Centennial H
 
  • Issue-spot various concerns arising out of the recent criminal indictments involving admissions and athletics with possible implications for every institution
  • Mitigating corruption risk and responding to criminal investigations arising out of improper activities in admissions and athletics recruiting by employees, other institutional stakeholders, or third parties
  • Trust but verify: how do you and when should you audit admissions and athletics compliance, particularly in a less resourced environment?
  • New era in (pre)-crisis management: preparing to handle a high-profile crisis in higher education before you know whether it actually exists at your institution             
 
10:15 am - 10:45 am
  B6. Refreshment Break
 Sponsored by Womble Bond Dickinson (US) LLP
  [none]
  Room: Centennial Foyer
 
 
10:45 am - 12:00 pm
  09A. ADA and Academic Decisions: Where is the Line?
  Basic, Regular Session
  Room: Centennial A-C
 
  • Overview of relevant case law on the ADA and academic accommodations
  • Best practices for the Disabilities Services Office in interacting with faculty about academic accommodations for students
  • How secondary school accommodations impact accommodations required at the university/college level
  • Accommodations in clinical programs or professional degree programs
  • Reasonable accommodations versus individual responsibility
 
  09B. Navigating GDPR Compliance for Research
  Intermediate, Regular Session
  Room: Capitol 5-7
 
  • Analyzing the impact of GDPR on university research
  • Applications of GDPR in research collaborations with foreign universities, companies, and research sites located in the E.U.
  • GDPR compliance with the use of E.U. resident data in research
  • How to comply with GDPR notice and consent requirements within research
 
  09C. Navigating Immigration Within Your Institution's Strategic Plan
  Basic, Discussion Group
  Room: Centennial H
 
  • Immigration update and interactive discussion of:
  • Model practices for higher education
  • How immigration affects institutional strategic plans with specific discussions on key areas usually of focus in these plans
  • University counsel as facilitators and key partners in institutional immigration policy and practice
 
  09D. Campus Planning: What Does the Classroom of Tomorrow Look Like and How Can We Get There?
  Basic, Regular Session
  Room: Centennial G
 
  • College classrooms of the 70-80's with 30-60 seats facing a blackboard are less in vogue.
  • Today, they are less formal and more collaborative, versatile, multi-functional, and employ greater use of technology
  • How are universities assessing their space needs and uses?
  • Examples of some interesting projects and results to help consider your institutions' own potential
 
  09E. When Tradition and Climate Collide: Statues, Monuments and Building Names on College and University Campuses
  Intermediate, Discussion Group
  Room: Centennial F
 
  • Sources of controversy and illustrative experiences
  • Legal constraints and considerations regarding whether to remove controversial structures or names
  • Keeping a controversial structure or name: a teachable moment or a continued honor?
  • Strategies to avoid similar dilemmas in the future
 
  09F. What are Your Ethical Obligations When You are Not Acting as a Lawyer?
  Intermediate, Regular Session
  Room: Centennial E
 
  • An ethics session for lawyers in roles other than as counsel and those who work with them
  • Do attorneys not acting as counsel and lawyers in other roles have ethical obligations?
  • How do attorneys with multiple roles keep those roles separate?
  • Working with lawyers serving as institutional counsel—and institutional counsel working with lawyers in other roles
  • Attorney-client privilege issues
 
  09G. Navigating the Gray Area Between Gifts and Sponsored Research
  Advanced, Regular Session
  Room: Mineral B-C
 
  • Gifts with restrictions and/or conditions more typical of sponsored research or industry contracts
  • Examples of and risks associated with “innovative” gifts, including tax implications of gifts with strings
  • Practical guidance on structuring contributions with gift and sponsored research components
 
12:00 pm - 12:15 pm
  B7. Snack Send-Off
 Sponsored by Bond, Schoeneck & King PLLC
  [none]
  Room: Centennial Foyer & Capitol Foyer