Continental Breakfast

Lawyers New to Higher Education Workshop

New and Recently Appointed General Counsel Roundtables

Experienced General Counsel Roundtables

New Lawyers Workshop Reception sponsored by Saul Ewing LLP

General Counsel Roundtable Reception sponsored by Hogan & Hartson LLP

Cyber Cafe all days sponsored by Google

Continental Breakfast for New Lawyers Workshop Attendees

Board of Directors Meeting

Workshop for Lawyers New to Higher Education (cont'd)

WACO

Lawyers New to NACUA Luncheon sponsored by Dow Lohnes PLLC

SIG1. Museums, Libraries and Collections

• Special Interest Group

Lorraine Sciarra, Princeton University

SIG2. Community Colleges

• Special Interest Group

Renee Smith Byas, Houston Community College System

SIG3. General Counsel

• Special Interest Group

Miles Postema, Ferris State University

SIG4. Research Institutions

• Special Interest Group

Richard Zansitis, Rice University

SIG5. Church-Related and Religious Institutions

• Special Interest Group

Jose Padilla, DePaul University

SIG6. External Counsel

• Special Interest Group

Kathleen Rinehart, Whyte Hirschboeck Dudek, S.C.

SIG7. Historically Black Institutions

• Special Interest Group

Eric Walker, Philander Smith College

SIG8. Health Sciences and Academic Medical Centers

• Special Interest Group

Benjamin Rawlins, Meharry Medical College

Welcome and Opening Pleanary Session sponsored by Anderson Kill Wood & Bender LLP

• 1:00 p.m. - 1:15 p.m. - Welcome

Kathleen Curry Santora, National Association of College and University Attorneys

Marianne Schimelfenig, Saint Joseph's University

Mary Kennard, American University

• 1:15 p.m. - 2:30 p.m. - The State of the Economy and Its Impact on Higher Education

William Jarvis, Commonfund Institute

Break

1A. Global Engagement: Key U.S. & Foreign Law Considerations When Doing Business Abroad

Regular Session, Intermediate Level , Location - Civic South

• Analyzing the nature of current or proposed foreign activities and determining whether foreign registration is required
• Structuring foreign operations to best manage legal liabilities and ensure optimal governance controls
• U.S. laws applicable to international activities, including economic sanctions, export controls, anti-boycott, anti-corruption, and anti-terrorism laws
• Identifying foreign counsel and key questions to ask them

William Nicholson, University of Washington

Peter May, Moderator, World Learning

Caroline O'Neill, The George Washington University

1B. Law and Order in the Context of Civil Rights

Regular Session, Intermediate Level , Location - Dominion South

• Aggressive enforcement vs. ambassador function: what is the role of the campus police force?
• Challenges and opportunities with having or establishing a commissioned police force
• Use of tasing and other pain compliance methods in a campus community and avoiding complaints of excessive force
• Overview of constitutional search and seizure issues
• Best practices for establishing effective relationships with law enforcement agencies

John O'Riordan, O'Riordan Law Firm

Kevin Reed, University of California - Los Angeles

Brenda Fraser, Moderator, University of Pennsylvania

1C. Managing the Higher Education Legal Office

Discussion Group, Advanced Level , Location - Sheraton A

• Performance Management: positions, reviews, promotions, and compensation issues
• Business and budget issues
• Filing and contract review systems
• Use of law clerks and work-study students
• Relationships with outside counsel (best practices in hiring and review, billing arrangements, diversity, etc.)
• Methods of achieving diversity in both in-house and external counsel

Fernando Gomez, The Texas State University System

Jonathan Alger, Rutgers, The State University of New Jersey

David Williams, Vanderbilt University

1D. The 2009 FMLA Landscape – What Has Changed, What Has Remained the Same, and How to Manage FMLA Claims

Regular Session, Intermediate Level , Location - Osgoode East West

• Current FMLA landscape and the proposed/new regulations
• Changes effectuated by the 2008 National Defense Authorization Act
• Identification of some of the most challenging FMLA issues and strategies to manage them; whether the new regulatory scheme addresses any of these challenges

Stephanie Graham, Moderator, Northwestern University

Caroline Hendel, Yale University

Amy Schmidt Jones, Michael Best & Friedrich LLP

1E. User Generated Controversy: What Are the Legal and Moral Ramifications for Higher Education Institutions?

Regular Session, Basic Level , Location - Conference BC

• Institutional liability for potentially defamatory statements made by students or faculty, including statements posted on the internet
• The breadth of immunity under Section 230 of the Communications Decency Act
• Protections afforded by the Digital Millennium Copyright Act
• What moral responsibility does the college or university have for online communications, including user generated content on Web 2.0 sites?

Leanne Shank, Moderator, Washington and Lee University

Rodney Smolla, Washington and Lee University

Robert Clothier, Fox Rothschild LLP

Beth Cate, Indiana University

1F. Basics of Research Compliance

Regular Session, Basic Level , Location - Dominion North

• Key areas of research compliance including grants administration, conflict of interest, research misconduct, human subjects research, animal research, research intellectual property, research agreements, and export controls
• How to spot regulatory issues
• Where to find principal legal authorities and other resources

Ann Adams, Northwestern University

Alexander Dreier, Moderator, Hogan & Hartson LLP

Nancy Tribbensee, Arizona Board of Regents

1G. Student Academic Misconduct Policies and Procedures

Regular Session, Intermediate Level , Location - Sheraton EF

• Student-Led Honor Codes versus Academic Codes administered by faculty
• Best practices, model codes, and guidance based on recent case law
• Impact of technology on academic dishonesty and on enforcement
• "Turn-it-in" and other plagiarism detection software
• Degree revocation and other sanctions

Mary Ann Connell, Mayo Mallette

Peter McDonough, Moderator, Princeton University

Donald McCabe, Rutgers, The State University of New Jersey

1H. Faith On A Postmodern Campus: Student and Student Organization Religious Freedom

Discussion Group, Intermediate Level , Location - Simcoe/Dufferin

• Student religious accommodations in the classroom, housing, and activities
• Student organizations and religious freedom issues

Laurence Pendleton, Tennessee Board of Regents

William Thro, Christopher Newport University

1I. Campus Real Property and Development

Forum, Intermediate Level , Location - Sheraton B

• Forum

Charles Barber, The George Washington University

Roman Petyk, University of Pennsylvania

Honors and Awards Ceremony

Opening Reception sponsored by Employment Law Alliance

Cyber Cafe

Networking Breakfast

Plenary Session

Terry Hartle, American Council on Education

2A. Recent Developments in Taxation

Regular Session, Intermediate Level , Location - Dominion South

• Problems with the new Form 990
• Current IRS audit activity and results of IRS College & University Questionnaire
• Faculty housing; compensation review and intermediate sanctions; cell phones and other fringe benefits
• Current issues related to scholarships and fellowships
• Update on proposed changes affecting endowments
• Current issues regarding the "student FICA" exemption

Joseph Irvine, The Ohio State University

Patrick Dunkley, Stanford University

A.L. (Lorry) Spitzer, Moderator, Ropes & Gray

Lorraine Sciarra, Princeton University

Sean Scally, Vanderbilt University

2B. Diversity in the Age of Obama: New Directions or Status Quo?

Regular Session, Basic Level , Location - Dominion North

• The evolving definition of diversity
• The current state of the law on diversity in the student and employment contexts
• New strategies and directions in diversity initiatives
• The toughest current legal questions

Jonathan Alger, Rutgers, The State University of New Jersey

Anne Bilder, University of Wisconsin System

Charlotte Westerhaus, National Collegiate Athletic Association

2C. Coping with Difficult Trustees and Tough Board Issues: The General Counsel’s Role

Discussion Group, Advanced Level , Location - Sheraton A

• Trustee misconduct inside and outside the university
• Fiduciary duties and the duty of loyalty – defining, training and advising
• Conflicts of interest
• Managing the trustee/president/officer/counsel relationships

Lawrence White, University of Delaware

Kelly Capen Douglas, Moderator, University of San Diego

Stephen Dunham, Johns Hopkins University

2D. Employee Privacy

Regular Session, Advanced Level , Location - Civic South

• Monitoring and surveillance of employees
• Implications of Facebook, MySpace, Blogging and Instant Messaging
• Email and computer privacy
• Impact of state personnel and public records statutes
• Employee health privacy concerns

Steven Frenkil, Moderator, Miles & Stockbridge

Ellen Babbitt, Babbitt, Land & Warner LLP

Richard Paul, Paul, Plevin, Sullivan & Connaughton

2E. Higher Education and the Law: A Review and Preview of the Top US Supreme Court and Federal Appeals Court Cases

Regular Session, Basic Level , Location - Osgoode East West

• Recent US Supreme Court and Federal Appeals Court cases involving free speech, employment law, technology issues, information disclosure, and athletics
• A preview of the top US Supreme Court and Federal Appeals Court cases that will have an impact in the field of higher education

Robert O'Neil, University of Virginia

Lorena Peñaloza, Moderator, California State University

William Thro, Christopher Newport University

2F. Navigating NACUANET and the NACUA Website

Regular Session, Basic Level , Location - Sheraton C

• Learn how to use NACUANET and the NACUANET archives
• Learn about the many resources on the NACUA website and how to access them
• Get answers to your questions about NACUANET and NACUAWEB

John Bishop, National Association of College and University Attorneys

Karl Brevitz, National Association of College and University Attorneys

Camille Heenan, National Association of College and University Attorneys

Loretta Johnson, National Association of College and University Attorneys

2G. Copyright in the Digital Age

Regular Session, Intermediate Level , Location - Sheraton EF

• Fair use and electronic reserves, course management, web posting, open-source software, and university presses
• Digitizing library and art collections
• Fair use "best practices" — efforts to create extra-judicial fair use guidelines
• Implications for university presses
• Use of injunctions against sovereign immunity for copyright infringement
• Institutional responsibility for infringing acts of students and faculty, and litigating copyright ownership issues

Jack Bernard, University of Michigan

Lauren Schoenthaler, Stanford University

Mary MacDonald, Moderator, University of California

2H. Regulating Firearms on Campus

Regular Session, Intermediate Level , Location - Essex Ballroom

• Basic federal and state laws regulating firearms
• Litigation challenging campus weapon regulations
• Potential impact of District of Columbia v. Heller on campus firearm regulations
• Working with state legislatures re regulation of firearms on campus

Derek Langhauser, Maine Community College System

Douglas Y.S. Park, Moderator, University of Oregon

Daniel Wilkerson, University of Colorado

2I. Intercollegiate Athletics and Sports Law

Forum, Intermediate Level , Location - Sheraton B

• Forum

Michael Glazier, Bond, Schoeneck & King, PLLC

William Donohue, University of Minnesota

Break

3A. The Global University - Forming and Operating a Campus Abroad

Regular Session, Basic Level , Location - Dominion North

• Who should participate in the decision to open a branch campus abroad and the role of the general counsel’s office in establishing one
• Choice of legal structure, including issues of home institution liability, availability of tax exemptions, and governance
• Establishing key academic and operational policies, including which US policies will travel overseas and why
• Operational challenges, including matters relating to real property, immigration, labor and employment, and application of foreign laws
• Issues related to the closure of a campus overseas

James Mercolini, Carnegie Mellon University

Peter May, World Learning

Cathryn Rolfe, Moderator, Vanderbilt University

3B. Understanding, Drafting, and Applying the Campus Facilities Use Policy

Regular Session, Advanced Level , Location - Civic South

• Best practices in drafting facilities use policies
• Restricting attendance at campus events
• Dealing with provocative or controversial speakers on campus
• "Content neutrality" - what it means and how to achieve it
• Other statutes pertinent to facilities use, including the Solomon Amendment

Lawrence White, University of Delaware

Henry Lazenby, Portland State University

Andrew Hughey, Moderator, Central State University

3C. "I Feel Your Pain...": Reductions in Force and Furloughs - Effective Planning and Implementation

Regular Session, Intermediate Level , Location - Sheraton EF

• Staff furloughs and reductions in force (RIFs): Legal Issues, policies, documentation, and implementation issues
• ADEA, WARN and other potential impediments
• RIFs and furloughs of unionized staff
• Sample RIF and furlough documents and policies

Carey DeWitt, Butzel Long

Sheldon Steinbach, Moderator, Dow Lohnes PLLC

Kathleen Rinehart, Whyte Hirschboeck Dudek, S.C.

3D. The Verdict - A Study in Ethics, Substance Abuse, and Professionalism

Regular Session, Intermediate Level , Location - Essex Ballroom

• Ethical obligations under the Rules of Professional Conduct using the movie The Verdict starring Paul Newman
• Issues of substance abuse and professionalism for attorneys

Geoffrey Stern, Kegler, Brown, Hill & Ritter

Christopher Wilson, Moderator, Miami University

3E. Federal Regulation of Conflict of Interest in Research: What’s Hot, What’s Just Plain Ugly

Discussion Group, Advanced Level , Location - Sheraton A

• Identifying personnel subject to conflict of interest regulations
• Institutional conflicts of interest – is anyone actually doing it right?
• Harmonization with other institutional conflict processes, such as board of trustee and fiduciary official conflict processes
• Evaluating and managing conflicts associated with proprietary interests and entrepreneurial activities
• Recent actions by NIH and congressional oversight

Stephen Sencer, Emory University

Todd Guttman, The Ohio State University

3F. Student on Student Harassment (Including Recent Sexual Assault Cases)

Regular Session, Intermediate Level , Location - Osgoode East West

• Overview of Title IX liability standards/applicable legal principles
• Discussion of recent cases concerning sexual assault by student athletes and potential institutional liability
• Policy and process considerations for reducing institutional exposure to student on student harassment litigation
• Policy and procedure drafting and administration of student disciplinary process
• Establishing a training program and other recommended prophylactic steps to reduce exposure to student on student litigation

Barbara Lee, Rutgers, The State University of New Jersey

Maureen McClain, Littler Mendelson, P.C.

Daniel Wilkerson, Moderator, University of Colorado

3G. The GC Office: Doing More (or at least as much) With Less

Panel Discussion, Intermediate Level , Location - Dominion South

• Legal implications of institutional budget cuts: anticipating the risks
• Legal triage: how to decide what not to do
• Strategies for coping with decreased office funding but increased workload: increasing office efficiency, reducing costs, and managing and containing external counsel costs

Debra Zumwalt, Stanford University

Miles Postema, Ferris State University

Dana Scaduto, Dickinson College

3H. The Google Book Settlement: Issues and Options

Panel Discussion, Intermediate Level , Location - Civic North

• Main features of the proposed settlement
• Legal and policy issues for academic institutions and authors
• Author and institutional rights under the proposed settlement
• Who should stay in, who might want to opt out

Jack Bernard, University of Michigan

Jonathan Band, Jonathan Band, PLLC

Allan Adler, American Association of Publishers

Jan Constantine, The Authors Guild

Alexander MacGillivray, Google

3I. ADA/FMLA

Forum, Intermediate Level , Location - Sheraton B

• Forum

Darrell Van Deusen, Kollman & Saucier, P.A.

Cyber Cafe

Association Breakfast

4A. Student Lending and Access to Higher Education - New Institutional Responsibilities

Panel Discussion, Intermediate Level , Location - Dominion South

• Higher Education Opportunity Act – New loan increases, grant increases, cost containment requirements, as well as student lending related reporting and disclosure requirements
• State investigations into conflicts of interest – illustrative settlement agreements with different state attorneys general offices regarding codes of conduct and preferred lending – and their impact on cost/access

Betsy Facher Rauch, Emerson College

Brian Jones, Dow Lohnes PLLC

Katherine Tromble, Moderator, Drinker Biddle & Reath LLP

4B. Free Sex v. Free Speech: Navigating the Delicate Balance Between Anti-Harassment Policies and the Right to Free Speech

Regular Session, Advanced Level , Location - Osgoode East West

• OCR and EEOC guidance on Title IX and Title VII sexual harassment policies
• First Amendment cases overturning policies consistent with OCR and EEOC guidance
• How to handle the legal and public relations fallout
• Prophylactic policy drafting suggestions

Joe Tucker, Tucker Law Group, LLC

Neil Hamburg, Moderator, Hamburg & Golden, P.C.

George Moore, Temple University

4C. Accreditation - What the General Counsel Ought to Know

Regular Session, Basic Level , Location - Dominion North

• The difference between institutional and programmatic accreditation
• The accreditation process from self-study through final accreditation including due process and appeal rights of institutions
• Definitions of adverse decisions (e.g. denial, revocation, suspension)
• Confidentiality issues
• Important court decisions regarding challenges to accreditation decisions including: jurisdictional questions; accreditors' status as state actors; deference to accreditation decisions
• The role of the U.S. Department of Education in accrediting accreditors

John Przypyszny, Drinker Biddle & Reath LLP

Lucien Capone, University of North Carolina at Greensboro

Ralph Wolff, Western Association of Schools and Colleges

4D. Labor Law Primer

Regular Session, Basic Level , Location - Sheraton C

• What does it mean to have a union on campus?
• What do unions want and what is their agenda?
• How and who do unions organize?
• Significant legislative and administrative decisions

John Wolf, Rutgers, The State University of New Jersey

Renee Smith Byas, Moderator, Houston Community College System

Nicholas DiGiovanni, Morgan, Brown & Joy, LLP

4E. Avoiding Pitfalls in E-Discovery: Litigation Holds in a De-Centralized Environment

Discussion Group, Intermediate Level , Location - Sheraton A

• Determining when the duty to issue a litigation hold has been triggered and the scope of the hold
• How to institute a hold in a decentralized environment
• Avoiding inadvertent spoliation when automatic changes are made to documents by autodating and other features
• Dealing with the continuing duty to hold and business needs

Amy Foerster, Saul Ewing, LLP

Susan Westover, California State University

4F. Difficult Conversations

Panel Discussion, Basic Level , Location - Civic South

• The framework that underlies every difficult conversation
• How to begin the conversation in ways that reduce defensiveness
• How to handle strong emotions - yours and others'
• How to keep challenging, high stakes conversations on track
• How to increase the chances of getting where you want to go

Debbie Goldstein, Triad Consulting Group

4G. An Inside View of the NCAA Compliance and Enforcement Process

Panel Discussion, Basic Level , Location - Essex Ballroom

• An insider's practical tips on NCAA compliance and enforcement
• The concept of institutional control and shared responsibility
• Current trends and "hot" topics in compliance
• The role of counsel in the NCAA enforcement process
• When "confidential" is not confidential

Naima Stevenson, National Collegiate Athletic Association

T. Scott Varady, University of Arkansas - Fayetteville

Judith Van Horn, University of Michigan

4H. Legal Technology Tips, Tricks, Gadgets and Other Cool Stuff—2009 Edition!

Regular Session, Basic Level , Location - Sheraton EF

• Amazing free software and web utilities
• Tools for a paperless or paper-reduced office
• Tools for protecting yourself against hackers, viruses and spyware
• Remote control and web meeting tools that are easy and inexpensive
• Encryption tools for your computer, email and passwords
• Great web sites you've probably never heard of
• Tips for getting the best deals on legal technology
• Where to get technical advice for free or very little money
• Gadgets you didn't realize you needed (until now)

Barron Henley, Henley March & Unger Consulting, Inc.

4I. Sponsored Research and Technology Transfer

Forum, Intermediate Level , Location - Sheraton B

• Forum

Russell Herron, University of Chicago

Karen Mullin, Boston University Medical Campus

4J. Economic Distress and Institutional Endowments and Investments

Regular Session, Intermediate Level , Location - Civic North

• Overview of current issues facing institutions
• UPMIFA states v. UMIFA states
• Options for underwater endowment funds
• Consequences for spending beyond limits
• Impact of Financial Accounting Standards
• Due diligence on the investment of institutional funds and the role of counsel
• Options and revisions re institutional investment and spending policies and gift agreements

James Leahey, Moderator, Centre College

Sean Scally, Vanderbilt University

Carolyn Ward, Ropes & Gray, Washington,

Break sponsored by Cassels Brock & Blackwell LLP

5A. The John Roberts Civil Rights Round Up - A Review of the Supreme Court's Recent Civil Rights Rulings and What the Future May Hold

Regular Session, Advanced Level , Location - Dominion North

• Trends in the Court’s civil rights jurisprudence
• Discussion of selected cases in such areas as employment discrimination; retaliation; freedom of speech and association; and voluntary affirmative action/school desegregation
• Where are we going? Peering into the crystal ball

Sean Burke, University of Pennsylvania

Kevin Fong, Pillsbury Winthrop Shaw Pittman LLP

Alexander Dreier, Moderator, Hogan & Hartson LLP

5B. How Compliant Are You? GC Roles, Responsibilities and Reporting

Panel Discussion, Intermediate Level , Location - Osgoode East West

• General Counsel's compliance role: coordinating compliance efforts or advising the designated compliance authority(ies)
• Centralized v. decentralized compliance programs
• Ethical issues surrounding GC's compliance responsibilities (e.g. Can GC be both cop and legal advisor?)
• Conducting a compliance survey and creating a compliance calendar

Jerry Blakemore, Moderator, Southern Illinois University

Alysa Rollock, Purdue University

Robert Roach, New York University

5C. Lessons from Katrina: Reviewing Tenure Policies and Practices Before the Storm Arrives

Panel Discussion, Advanced Level , Location - Dominion South

• Determining the existence and content of an institution's real tenure policies and practices
• Identifying the pitfalls and ambiguities in existing tenure policies and practices
• Considering tenure policies in the context of an array of disciplines
• Selling proposed revisions to the institution's constituents
• Evaluating grievance and appeal processes

Christopher Patti, University of California

Richard Paul, Paul, Plevin, Sullivan & Connaughton

Michael Sullivan, Moderator, Paul, Plevin, Sullivan & Connaughton

Dennis Duffy, Baker Botts L.L.P., Houston,

5D. Export Controls in the Research Lab and Technology Transfer Arena - Do's and Don'ts

Regular Session, Intermediate Level , Location - Civic South

• The current government enforcement environment
• Current issues in the "fundamental research" exemption under the International Traffic in Arms Regulations and the Export Administration Regulations
• Compliance with U.S. economic sanctions and embargoes
• Compliance pitfalls in sponsored research
• Best practices in compliance programs and procedures

Marcia Isaacson, Moderator, State University of New York

J. Scott Maberry, Fulbright & Jaworski L.L.P.

Brian Warshawsky, Northwestern University

5E. Managing Student Alcohol and Drug Problems: Global & Collaborative Approaches

Discussion Group, Intermediate Level , Location - Sheraton A

• Global and interdisciplinary approaches to developing best practices for reducing the injuries/deaths/risks from student drinking and drug use
• FERPA issues and ADA/504 implications
• Managing student behavior: use of behavioral contracts and involuntary withdrawal procedures for alcohol or drug addiction cases
• How campus police are involved (Clery; Drug Free School Act)
• Institutional liability resulting from the supplying/supervising alcohol
• Causal relationship between alcohol and drug use with harassment, discrimination and other conduct issues on campus

Stephen Jarrett, The University of Western Ontario, London, Canada

John Hartigan, University of Technology, Sydney, Sydney, NSW, Australia

5F. Difficult Conversations (Repeat Session)

Panel Discussion, Basic Level , Location - Essex Ballroom

• The framework that underlies every difficult conversation
• How to begin the conversation in ways that reduce defensiveness
• How to handle strong emotions - yours and others'
• How to keep challenging, high stakes conversations on track
• How to increase the chances of getting where you want to go

Debbie Goldstein, Triad Consulting Group

5G. How to Strategically and Cost-Effectively Defend Employment Cases: Multiple Perspectives

Panel Discussion, Advanced Level , Location - Sheraton EF

• Tips and strategies from in-house and outside counsel for successfully defending employment cases
• Do's and don'ts in litigating employment cases – sound advice from a judge
• An insurer's guide to cost-effectively defending employment litigation cases

Morton Denlow, United States District Court - Chicago

Carrick Craig, Western Michigan University

Robb Jones, United Educators Insurance Reciprocal Risk Retention Group

Theodora Lee, Littler Mendelson, P.C.

Daniel Kaufman, Moderator, Michael Best & Friedrich LLP

5H. Essential Technology (Hardware and Software) for the College and University Law Office

Regular Session, Basic Level , Location - Sheraton C

• A college/university lawyer’s technology road map - find out what you need to be asking for!
• Options and recommendations for computers, printers, scanners, and case management software
• How to make sure you’re getting the best deal on your office’s technology

Barron Henley, Henley March & Unger Consulting, Inc.

5I. Organizing and Operating International Programs

Forum, Intermediate Level , Location - Sheraton B

• Forum

Gian Franco Borio, Law Firm Borio, Florence, Italy

Ken Grime, Australian National University, Acton, ACT, Australia

Peter May, World Learning

5J. Borrowing in a Bad Economy: Current Legal Issues in College and University Borrowing

Panel Discussion, Intermediate Level , Location - Civic North

• Accelerated repayment clauses
• Liquidity and coverage requirements, collateral requirements, credit ratings and other triggering events
• Key rights of banks or bondholders
• Variable rate bond issues
• ARRA programs: Build America Bonds, bank qualified bonds
• Borrowing to cover loss of anticipated expenditures from endowments
• Department of Education financial responsibility requirements
• Post-Issuance compliance requirements for tax-exempt bonds

Scott Lilienthal, Hogan & Hartson LLP, Washington,

Rosalie O'Brien, University of Minnesota

Kenneth Artin, Bryant, Miller and Olive, P.A., Orlando, NA

Networking Luncheon

Affinity Group Luncheons

6A. Sustainable Campuses

Panel Discussion, Intermediate Level , Location - Essex Ballroom

• How different institutions have implemented sustainable campuses
• Specific strategies for determining how to get the "biggest bang for the buck"
• President's Climate Commitment and the challenges in becoming "carbon neutral"
• Alternative sources of energy, including the purchase of wind power
• Green building construction in terms of LEED (and other) grading systems
• How green development can be addressed in the new AIA forms

Robert Rodriguez, Emory University

Geoff Atkins, University of British Columbia, Vancouver, Canada

Karen Greenwood, The George Washington University

Howard Zweig, Moderator, Drinker Biddle & Reath LLP

6B. Student Mental Health Concerns

Regular Session, Intermediate Level , Location - Osgoode East West

• The delicate balance between mental health, campus safety, and disability discrimination
• Involuntary medical withdrawal policies
• New U.S. Department of Education and HHS guidance on the application of FERPA and HIPAA to student health center treatment records
• Model policy threat assessments (best practices and policies, privacy and privilege issues)
• Student issues, avoiding liability, and sharing information on campus

Susan Wheeler, Moderator, James Madison University

Daniel Willick, Law Offices of Daniel H. Willick

Martha Munsch, Reed Smith LLP

6C. Sharing IT Services Across Colleges and Universities: What Model(s) Should We Use?

Discussion Group, Intermediate Level , Location - Sheraton A

• Looking to higher ed instead of commercial providers for IT services: pros and cons
• The right model(s) for use with higher ed institutions or commercial providers: one-to-one contracts vs. consortium vs. ???
• Minimizing disputes over terms and conditions: liability, indemnity, IP, jurisdiction, etc.
• Lessons from and for contract negotiations with commercial providers

Beth Cate, Indiana University

Henry Cuthbert, Duke University

6D. What Every University Lawyer Needs to Know about Hiring, Firing, and Employing Foreign Nationals

Regular Session, Basic Level , Location - Sheraton EF

• Introduction to basic terms and visa categories
• H-1B employees: portability, extensions, changes, terminations; responsibility for payment of fees and expenses; Recruitment questions dos and don'ts
• Visa options for Postdoctoral researchers: J-1 vs. H-1B; Responsibility for payment of fees and expenses
• Going from student to employment status
• Employment-Based Immigration – PERMs, EB-1/2s and more!
• Latest Developments: E-Verify and I-9 compliance (Safe Harbor?)

Patricia McLean, Moderator, Johns Hopkins University

H. Ronald Klasko, Klasko, Rulon, Stock & Seltzer, LLP

Michael Pfahl, Kent State University

6E. Faculty Hearing Panels: What They Do, How They Do It, and the Judicial Response

Regular Session, Intermediate Level , Location - Dominion North

• Best practices for internal faculty hearings
• Process due under constitution or contract
• Advocacy and evidentiary issues before a faculty panel
• The panel’s record and written findings
• Judicial response to faculty hearings

Brian Slovut, University of Minnesota

Karen Schanfield, Fredrikson & Byron, Minneapolis,

Ann Franke, Moderator, Wise Results, LLC

Rachel Levinson Waldman, American Association of University Professors

6F. Talking to the Auditors: Ethical Pitfalls in Communicating with Auditors

Regular Session, Intermediate Level , Location - Civic South

• Statement of Policy Regarding Lawyers' Responses to Auditors Requests for Information ("ABA Treaty")
• Statement of Financial Accounting Standards (SFAS) No. 5 and proposed amendments
• Financial Accounting Standards Board (FASB)
• Scope and amount of disclosures required in financial statements regarding loss contingencies, including pending and threatened litigation, and unasserted claims and assessments
• Concerns for in-house and outside counsel
• Ethical issues involving auditor requests for information from counsel, including requests that may go beyond the scope of the ABA Treaty and permissible responses by counsel to such requests

Erin Stewart, Moderator, University of North Texas System

Robert Roach, New York University

Brian Murphy, Dinse, Knapp & McAndrew, P.C.

6G. University and Industry: Striving to be Friends

Panel Discussion, Intermediate Level , Location - Dominion South

• Contrasting missions and client imperatives
• Cultural issues that impede effective negotiations
• Hot button issues in research agreements, clinical study agreements, and licenses
• Troublesome contract provisions and possible solutions
• Negotiation strategies and tactics

Karen Mullin, Boston University Medical Campus

Gail Norris, University of Rochester

Stephen Sencer, Emory University

Nicholas Galli, Genentech

6H. The Paperless College and University Law Office - Making it Simple

Regular Session, Basic Level , Location - Sheraton C

• Stop managing, collecting and looking for paper
• Reduce paper and increase efficiency, organization and mobility
• Effective use of "off-the-shelf" technology
• Hardware and software to create an implement your office paper reduction system

Barron Henley, Henley March & Unger Consulting, Inc.

6I. Copyright and Fair Use

Forum, Intermediate Level , Location - Sheraton B

• Forum

Jack Bernard, University of Michigan

Gloria Phares, Patterson Belknap Webb & Tyler LLP

Break sponsored by Pillsbury Winthrop Shaw Pittman LLP

7A. Mixed Use Projects - Public/Private Partnerships

Panel Discussion, Intermediate Level , Location - Dominion North

• The pros and cons of public/private partnerships
• Options for structuring these kinds of deals
• Major deal points: financing, tax and control
• Key documents: ground leases, development agreements and management agreements

Roman Petyk, University of Pennsylvania

Charles Barber, Moderator, The George Washington University

James Carolan, Withers Bergman, LLP, New Haven, NA

Jody Winter, JFW Consulting, LLC

7B. Strategies to Avoid Retaliation Exposure

Discussion Group, Intermediate Level , Location - Sheraton A

• Current issues in retaliation law
• Implications of decisions in Crawford v. Metropolitan Government, White v. Burlington Northern, and other recent cases
• How to avoid claims
• Strategies for managing claims by current employees

Richard Weitzner, The George Washington University

Dickens Mathieu, Tufts University

7C. It's Dangerous Out There: Managing Risks of Students and Faculty Abroad

Panel Discussion, Intermediate Level , Location - Sheraton EF

• Typical and not-so-typical study abroad risks
• Managing to promote safety and reduce institutional liability
• What you need to know about insurance, medical assistance, and evacuation
• Expert support from the U.S. State Department – what's available and how to access it

Jackee Schools, U.S. Department of State

Bethany Bridgham, Moderator, American University

Jon Booth, Syracuse University Abroad

John Watson, Arthur J. Gallagher Risk Management Services, Inc.

7D. Some Things Really Are Free! Higher Ed Association Resources for You

Panel Discussion, Intermediate Level , Location - Essex Ballroom

• Finding information on the web
• Friendly association colleagues
• Refresher on NACUA’s own resources
• NACUA colleagues with expanded websites

Karl Brevitz, National Association of College and University Attorneys

Margaret O'Donnell, The Catholic University of America

Ada Meloy, American Council on Education

7E. Scientific Misconduct: Policies, Practices and Building an Ethical Culture

Panel Discussion, Intermediate Level , Location - Civic South

• The federal Office for Research Integrity (ORI) regulatory scheme and oversight
• The management of scientific misconduct allegations within universities
• Responsible conduct of research (RCR) training resources and the impact of RCR training
• ORI's initiatives in promoting RCR

Richard McGee, Northwestern University

Ann Adams, Moderator, Northwestern University

Alexander Dreier, Hogan & Hartson LLP

7F. The Buck Stops Where? Student Organizations - Risks, Liabilities and First Amendment Issues

Regular Session, Advanced Level , Location - Osgoode East West

• Student government, inter-fraternity council and other student groups: when to recognize, sponsor or keep at arm’s length
• Managing the risks of student activities through pre-event planning, releases and insurance
• The legal and constitutional limits on managing risk by regulating student speech and student organizations
• Legal limits on the ability to shift the cost of security for student organization events
• Special risk and liability concerns raised by student newspapers

L. Amy Blum, Moderator, University of California - Los Angeles

Karen-Ann Broe, United Educators Insurance Reciprocal Risk Retention Group

Christopher Patti, University of California

7G. Financial Distress and Faculty Issues

Regular Session, Intermediate Level , Location - Dominion South

• Faculty pay freezes, pay cuts, and furloughs
• Delay or dismissal of tenure track faculty for financial reasons
• Increasing faculty workload
• Academic program closures
• Retrenchment of tenured faculty and financial exigency
• Merger, sale, or closure of campuses or institutions

Steven Glenn Olswang, University of Washington

Ellen Babbitt, Babbitt, Land & Warner LLP

Jonathan Alger, Moderator, Rutgers, The State University of New Jersey

7H. Tools and Techniques for Trading, Negotiating and Revising Documents

Regular Session, Basic Level , Location - Sheraton C

• Tools available in Word for safely emailing documents, comparing versions, tracking changes, and adding comments and other annotations
• Third party applications
• How to avoid metadata
• Knowing when PDFs should be used instead of word processor files

Barron Henley, Henley March & Unger Consulting, Inc.

7I. The General Counsel and the Compliance Function

Forum, Intermediate Level , Location - Sheraton B

• Forum

Stephen Dunham, Johns Hopkins University

Patti Ohlendorf, The University of Texas at Austin

Cyber Cafe

Continental Breakfast

8A. "Hot" Employee Benefit Issues for Higher Education: 2009

Panel Discussion, Intermediate Level , Location - Dominion South

• Updating executive compensation programs based on the latest IRS guidance (including an overview of governance "best practices" and specific recommendations to reduce IRS-related risks)
• Providing an overview of the latest legislative and regulatory issues
• Reviewing operational compliance issues with respect to 403(b) programs in 2009 to comply with a 12/23/08 IRS imposed deadline
• Domestic partner issues

Elizabeth Salasko, Moderator, University of Pennsylvania

Michael Rosenbaum, Drinker Biddle & Reath LLP

Kathryn Stieber, DePaul University

Robert Architect, U.S. Internal Revenue Service

8B. Crisis Management: General Counsel in the Firestorm

Panel Discussion, Advanced Level , Location - Sheraton EF

• General counsel's role in crisis management
• Preparation, training and live exercises
• Crisis management policies
• Threat and crisis assessment and interdisciplinary teams
• Internal and external crisis management communications

Phil Ellenburg, Moderator, Lipscomb University

Maureen Rush, University of Pennsylvania

Wendy White, University of Pennsylvania

8C. Fighting for the Big Prize: Kid Gloves and Knockout Strategies for Winning and Avoiding Tenure Denial Litigation

Panel Discussion, Intermediate Level , Location - Civic South

• Promoting error-free tenure decision processes: checklists to avoid procedural errors; guidelines for preparing tenure files; managing the tenure "record"
• Providing legal guidance before, during and after the tenure process: who should be advised and when; limiting internal communications
• Internal appeals: defining the bases for appeal; correcting procedural errors; avoiding the creation of fuel for a lawsuit
• Litigation strategies: controlling the scope of discovery; identifying appropriate comparators; choosing expert witnesses
• Creative options for terminal year appointments

E. Thomas Sullivan, University of Minnesota

Miriam McKendall, Holland & Knight LLP

Susan Bradshaw, The University of Texas at Austin

8D. Implementing and Reviewing an Effective Records Retention and Disposition Policy and Schedule

Regular Session, Advanced Level , Location - Osgoode East West

• Drivers: legislative compliance, risk management, e-discovery, operational efficiency, and institutional memory
• Creating a records retention and disposition policy and schedule: who is involved; sample policies and schedules; functional (top-down) approach vs. inventory (bottom-up) approach, determining retention requirements; implementation; training, tips and tools
• Best practices: records destruction, email, electronic records and IT systems, legal holds and e-discovery protocol

Carolyn Heald, York University, Toronto, Canada

Harriet Lewis, Moderator, York University , North York, Canada

Tracy Smith, University of Minnesota

8E. Intellectual Property Basics: Copyright, Trademark, Patent, Trade Secret, Publicity Rights

Regular Session, Basic Level , Location - Dominion North

• Definition of and basic law regarding copyright, trademark, patent, trade secret, and publicity rights
• Excellent for campus generalists or specialists outside the intellectual property arena, e.g., employment lawyers who need to be aware of claims or issues that might arise in their areas of expertise
• Contrasting laws outside the U.S.

Kyhm Penfil, Moderator, University of California - Irvine

Rita Hao, University of California

Karen Frank, Coblentz, Patch, Duffy & Bass

8F. Licensing Athletics Multi-Media and Marketing Rights to a Third Party: Can You Make a Bundle if You Bundle?

Regular Session, Advanced Level , Location - Sheraton B

• Direct sponsorship and media rights licensing transactions
• Deciding whether to bundle the rights
• Structures for aggregating and licensing multimedia and marketing rights to a third party
• Protecting the value of the institution’s media and marketing rights
• Best practices and tales from the trenches

Evan Appel, Appel & Peterzell, Atlanta, NA

Kevin Mills, Moderator, Burgess, Mills & Ring, P.C.

Julie Vannatta, The Ohio State University

8G. Campus Collective Bargaining in a Bad Economy

Panel Discussion, Intermediate Level , Location - Civic North

• Defining your unique economic problems to the union and community: the politics of poverty
• The effect of the bad economy on negotiating new contracts
• Considerations when asking to reopen existing contracts: what’s important to get and what should you avoid
• Preparing for union arguments against compensation cuts or freezes
• The effect of the economic situation on unions and their members
• Case study from Nebraska

Anne Zemek De Dominguez, Moderator, College of Southern Nevada

Louis Lessem, Wayne State University

Kristin Petersen, Nebraska State College System

Nicholas DiGiovanni, Morgan, Brown & Joy, LLP

8H. Navigating NACUANET and the NACUA Website

Regular Session, Basic Level , Location - Sheraton C

• Learn how to use NACUANET and the NACUANET archives
• Learn about the many resources on the NACUA website and how to access them
• Get answers to your questions about NACUANET and NACUAWEB

Loretta Johnson, National Association of College and University Attorneys

Camille Heenan, National Association of College and University Attorneys

Karl Brevitz, National Association of College and University Attorneys

John Bishop, National Association of College and University Attorneys

Break

9A. Transgender Issues on College Campus: The New Frontier

Panel Discussion, Intermediate Level , Location - Dominion North

• Cultural competency/training/updating non-discrimination policies
• Facility issues: bathroom, locker room, student housing
• Unique healthcare needs and challenges
• Records/documents/name change requests
• Overview of legislative amendments to include transgender as protected status and cases asserting transgender discrimination claims

Greta Schnetzler, University of California - San Francisco

GayLynn Kirn Conant, Lombardi, Loper & Conant, LLP

9B. Conflicting Roles and Responsibilities of the General Counsel and Their Ethical Implications

Regular Session, Intermediate Level , Location - Sheraton EF

• Ethics primer on the General Counsel's role as secretary of the board of trustees and General Counsel for the university, reporting to both the chair and members of the board, the board and chancellor (or president)
• The General Counsel's role as policy or program advisor, risk manager, faculty member, attorney for university foundation, alumni association or other university-related organizations, spokesperson (media) or testifier (legislature)
• General Counsel's Office role with respect to the university's internal and external auditors, and affirmative action officer

Jerry Blakemore, Southern Illinois University

Beverly Ledbetter, Moderator, Brown University

Robert Lavet, Powers, Pyles, Sutter & Verville

9C. Faculty Discipline - How To Get It Right When Faculty Get It Wrong

Regular Session, Advanced Level , Location - Osgoode East West

• Discipline short of termination in unionized and non-unionized faculty settings
• How to decide when to recommend termination/progressive discipline considerations
• Review of Due Process cases in faculty discipline
• Tips on managing faculty discipline policies, protocols and practices
• Processes that allow for flexibility and discretion

Dickens Mathieu, Moderator, Tufts University

Wendy Tarlow, Cornell University

Monica Barrett, Rutgers, The State University of New Jersey

9D. I Am Ready for My Close-Up: How to Provide Effective Training from the General Counsel's Office

Discussion Group, Intermediate Level , Location - Sheraton A

• How to reduce work and increase office efficiency
• Identifying priority areas for training: employment, contracts, conflict of interest, FERPA, CLERY, etc.
• How to consider, develop and implement variety of training vehicles
• Training tools available through NACUA and other resources (e.g. UE)
• Use of Websites & "Best Practices"
• Collaborating/partnering with HR, RM, colleagues at other institutions

Cynthia Bauer, Marquette University

Cynthia Jewett, Arizona State University

9E. 403(b) Plan Compliance Issues for Colleges and Universities

Discussion Group, Intermediate Level , Location - Sheraton B

Robert Architect, U.S. Internal Revenue Service

9F. Hot Topics in Immigration Compliance

Discussion Group, Basic Level , Location -

• Impact of layoffs, freezes and cutbacks on foreign national employees
• E-Verify obligations under federal contractor regulations
• Changes at Department of Labor affecting temporary and permanent applications
• Impact on universities of Comprehensive Immigration Reform legislation

Michael Pfahl, Kent State University

Patricia McLean, Johns Hopkins University

H. Ronald Klasko, Klasko, Rulon, Stock & Seltzer, LLP

Conference Adjourns