NACUA 50th Annual Conference (2010)

Saturday, June 26, 2010

8:00 a.m. - 8:30 a.m.


Lawyers New to Higher Education Workshop Continental Breakfast


8:30 a.m. - 4:00 p.m.


Lawyers New to Higher Education Workshop


12:00 p.m. - 1:15 p.m.


Lawyers New to Higher Education Workshop Luncheon


2:00 p.m. - 5:00 p.m.


New and Recently Appointed General Counsel Roundtables


Experienced General Counsel Roundtables


4:00 p.m. - 5:00 p.m.


Lawyers New to Higher Education Workshop Reception sponsored by Saul Ewing LLP


5:00 p.m. - 6:00 p.m.


General Counsel Roundtable Reception sponsored by Ballard Spahr LLP


Sunday, June 27, 2010


24 hours -


Cyber Café all days sponsored by Whyte Hirschboek Dudek S.C.


8:00 a.m. - 11:30 a.m.


Board of Directors Meeting


8:00 a.m. - 8:30 a.m.


Continental Breakfast for Lawyers New to Higher Education Workshop


8:30 a.m. - 11:30 a.m.


Lawyers New to Higher Education Workshop (cont’d)


10:00 a.m. - 11:30 a.m.


WACO


11:30 a.m. - 12:45 p.m.


Lawyers New to NACUA Luncheon sponsored by Ropes & Gray LLP


SIG1. Community Colleges

Renee Smith Byas, Houston Community College System


SIG2. Historically Black Institutions

Norma Leftwich, Howard University

Benjamin Rawlins, Meharry Medical College


SIG3. Museums, Libraries, and Collections

Judith Leonard, Smithsonian Institution

Steven McDonald, Rhode Island School of Design


SIG4. Religious and Church-Related Institutions

Neil Wolf, Benedictine University


SIG5. Health Sciences and Academic Medical Centers

Andrew Newton, Georgia Health Sciences University


SIG6. Research Institutions

Andrew Strong, The Texas A&M University System


1:00 p.m. - 2:30 p.m.


Welcome and Opening Plenary Session sponsored by Employment Law Alliance

Robert O'Neil, Professor of Law, University of Virginia


2:30 p.m. - 3:00 p.m.


Break sponsored by West


3:00 p.m. - 4:15 p.m.


1A. Paradigm Shifts: The Globalization of Higher Education - Will We Embrace Our Future?

  • Telex to Tweet: the future of the global campus and international programming
  • Not your parents' JYA (junior year abroad) - the move towards short-term faculty led programming
  • Risks and risk tolerance in the global institution-dealing with contrasting host country expectations and norms
  • Legal compliance: past, present and future
  • Protecting traditional values in the global institution: academic freedom and non-discrimination
  • The international practice of higher education law

Ada Meloy, Moderator, American Council on Education

William Hoye, IES, The Institute for the International Education of Students

Peter May, American University of Beirut


1B. The Procurement Process: Drafting Basics for RFPs and Contracts

  • Walk through the RFP process: how to draft, what to include, standard terms and clauses
  • How to integrate the terms and conditions of the RFP into a contract
  • What are some of the typical contracts for a college or university, ex: pouring rights, bookstore agreements, parking, food courts, dining services
  • What are some of the standard terms and conditions for a contract
  • How to draft an effective termination clause

Leslie Myles-Sanders, Moderator, Delta College

Chipman Flowers, The Flowers Counsel Group, LLC

J. Kelley Wiltbank, University of Maine System


1C. The Fair Pay Act: The Aftermath of Ledbetter One Year Later

  • What have we learned from judicial decisions during the first 18 months?
  • What “creative” interpretations are being theorized by EEOC or plaintiff’s counsel?
  • What is on the litigation horizon in light of this Act?
  • What can we do to help our campuses minimize risk in this area?
  • What types of records should be made/kept?
  • What are the pros/cons of conducting pay equity studies?

Laurence Pendleton, Moderator, Tennessee State University

Joyce Link, Montgomery, McCracken, Walker & Rhoads

Martha Munsch, Reed Smith LLP


1D. Toxic Employees in the Workplace: Managing Your “Frien-emies”

  • Legal limitations upon discipline or removal of disturbing or disturbed employees ("direct threat" and other scenarios)
  • Fitness for duty exams, EAP referrals, "last chance" agreements, leaves, progressive discipline
  • Special problems with faculty
  • Mediation/ADR options
  • Strategies for maintaining a productive work environment - advice from the trenches

Ellen Babbitt, Franczek Radelet P.C.

Kathleen Rinehart, Saint Xavier University


1E. Institutional Apologies: When, Why, and How to Apologize to the Aggrieved, the Campus, and the Public

  • Weighing the moral and strategic considerations for an apology
  • Lawyer's role in expressing institutional remorse
  • How to apologize effectively
  • Managing stakeholder and public expectations

Benjamin Rawlins, Moderator, Meharry Medical College

Aaron Lazare, University of Massachusetts - Medical School at Worcester

Miles Postema, Ferris State University


1F. Watching Your Board's Back: A Practical Guide to Counsel's Role in Helping the Board Understand Its Legal Obligations

  • Conflict of interest avoidance
  • Diplomatic investigation of board members
  • Documenting recusals and adept parliamentary procedure
  • Orienting board members to legal and fiduciary responsibilities
  • Governing documents: state law, articles of incorporation, by-laws, policies and procedure

Pamela Bernard, Duke University

Stephen Dunham, Johns Hopkins University

Charles Robinson, University of California


1G. Just When You Thought It was Safe: New and Old Issues in Campus Safety and Regulation

  • Ongoing challenges associated with Clery Act compliance
  • New Clery Act reporting requirements
  • Fire safety requirements
  • Emergency response and evacuation procedures
  • Missing student policies and procedures

Stephanie Gold, Moderator, Hogan Lovells US LLP

Robin Parker, Miami University

Dolores Stafford, D. Stafford & Associates


1H. Campus Real Property and Development

  • How has university real estate development weathered the credit crisis and the country's slow come back?
  • Tax Increment Financing -- who's using it and what are the pros and cons?
  • How are universities coping with tougher environmental laws at the federal and local level?
  • Specialized Projects -- science facilities, faculty/staff housing, mixed used development - what are some of the challenges?
  • Developments regarding PILOTS and SILOTS

Charles Barber, The George Washington University

Roman Petyk, University of Pennsylvania


1I. "Under the Radar" Scientific Collaborations with Industry: Issues to Worry About When Your Faculty Interact with Industry Outside of Traditional Sponsored Research Channels

  • Protecting faculty from giving away IP - and preventing other problems - in private consulting arrangements
  • Effective Use of non-disclosure agreements in early discussions
  • Visiting Scientist and data use agreements and when to use them
  • Effective controls for material transfers
  • Free equipment! Free headaches!

Russell Herron, Moderator, University of Chicago

Wesley Blakeslee, Johns Hopkins University

Peter Harrington, Bowditch & Dewey, LLP


1J. Accountability: Establishing an Effective Attorney Evaluation Process

  • Establishing effective attorney performance review
  • Tools and samples
  • Orienting, mentoring, and supporting attorneys and law clerks

Wendy Bohlke, Western Washington University

Lisa Loo, Arizona State University


4:30 p.m. - 6:00 p.m.


Honors and Awards Ceremony and Reception


6:00 p.m. - 7:30 p.m.


Opening Reception sponsored by Hogan Lovells US LLP


Monday, June 28, 2010


24 hours -


Cyber Café


7:00 a.m. - 9:00 a.m.


Networking Breakfast sponsored by Anderson Kill Wood & Bender


8:00 a.m. - 9:00 a.m.


Special Plenary Session: Meet the U.S. Department of Education sponsored by Employment Law Alliance

  • This special plenary session features key officials from the U.S. Department of Education who will discuss the principal legal and policy issues related to higher education currently before the Department, including legislative and regulatory issues and initiatives. Their remarks will be followed by a moderated discussion including an opportunity for registrants to pose their own questions and comments to the panel. Don’t miss this unique opportunity to meet, hear from, and share your concerns with department officials.

Jonathan Alger, Moderator, Senior Vice President and General Counsel, Rutgers, The State University of New Jersey

Russlynn Ali, Assistant Secretary, Office for Civil Rights (OCR), U.S. Department of Education

Carmel Martin, Assistant Secretary, Office of Planning, Evaluation and Policy Development, U.S. Department of Education

Charlie Rose, , Drinker Biddle & Reath LLP


9:15 a.m. - 10:30 a.m.


2A. Paradigm Shifts: The Evolving Role of the General Counsel as Seen Through the Eyes of the President

  • Changing roles and responsibilities of college and university counsel over the last 50 years
  • The many hats worn by general counsel and how they have changed
  • Expectations of presidents and how they have evolved
  • How presidents utilize counsel most effectively
  • Tips on working most effectively with the president
  • How to balance reporting lines to the president and the board and potential conflicts
  • Practical tips on developing an effective long-term relationship with the president
  • Things that bother a president most

Kathleen Curry Santora, Moderator, National Association of College and University Attorneys

John Garland, Central State University

Marvin Krislov, Oberlin College

Stephen Trachtenberg, The George Washington University


2B. What's On Our Minds? Hot Topics for President Obama's Civil Rights Enforcement Agencies: A Discussion With Anti-Discrimination Experts

  • New policy initiatives at OCR, DOJ, and EEOC
  • A discussion of significant changes since the Bush administration
  • A discussion of agency priorities and enforcement
  • The application of policy priorities on college and university campuses

Peter Land, Moderator, Franczek Radelet P.C.

Stuart Ishimaru, Equal Employment Opportunity Commission

Sunil Mansukhani, U.S. Department of Education - Office of Civil Rights

John Wodatch, U.S. Department of Justice


2C. Conflicts of Interest and Governance Issues After the New 990

  • Views from campuses and the IRS on the new requirements for disclosure of potential conflicts of interest and governance policies and practices in the new IRS form 990
  • New conflict of interest disclosure requirements and their effects on conflict of interest policies and disclosure forms
  • New compensation disclosure requirements
  • What have we learned from the first round of new 990 filings?
  • Governance areas targeted in comprehensive examinations of colleges and universities
  • How can we help our trustees understand and exercise their new responsibilities?
  • What does the IRS plan to do with the additional information it has gathered about conflict of interest and other governance issues?

Lori Fox, Moderator, Teachers College, Columbia University

Sarah Hall Ingram, Internal Revenue Service; Tax Exempt and Government Entities Division

Leanne Shank, Washington and Lee University

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


2D. E-Verify and Immigration in the Land of ICE: Ongoing Concerns for Campus Employment Lawyers

  • What E-Verify entails: who must participate and for which employees
  • E-Verify enforcement, penalties, and state law mandates
  • H-1B site visits and the expansion of workplace audits
  • Dealing with increased I-9 enforcement
  • Constructive knowledge and the obligation to investigate potentially unauthorized workers

Leigh Polk Cole, Moderator, Dinse, Knapp & McAndrew, P.C.

Thomas Eron, Bond, Schoeneck & King, PLLC

Mark Popiel, Malik & Popiel, P.C.

Nancy Vizer, Nancy M. Vizer, P.C.


2E. Accountability: Establishing an Effective Attorney Evaluation Process (Repeat Session)

  • Establishing effective attorney performance review
  • Tools and samples
  • Orienting, mentoring, and supporting attorneys and law clerks

Wendy Bohlke, Western Washington University

Lisa Loo, Arizona State University


2F. Hot Topics in Copyright

  • Recent developments in the law of fair use – debunking old myths, facing new challenges
  • E-reserves after Georgia State and the future of "classroom copies"
  • Multimedia challenges including streaming, film and video, clips, copies, and DRM
  • How effective are "best practices" guideposts?
  • Update on the Google Books project

Gloria Phares, Moderator, Patterson Belknap Webb & Tyler LLP

Jonathan Band, Policybandwidth

Mary MacDonald, University of California

Madelyn Wessel, University of Virginia


2G. Medical Issues and Student Athletes: What Should the Lawyer Track?

  • Recommended guidelines and position statements for student-athlete medical welfare: Is your institution following them? Are you reducing your legal risk as much as possible?
  • Areas of legal risk with respect to the medical services provided to student-athletes: Are you as protected as you should be? Do you have the appropriate waivers?
  • Emerging areas that pose legal risk (ex. sickle-cell trait testing) and how you can best protect your institution
  • Privacy issues: Who can I tell about what?
  • Student-athletes' involvement with medical research
  • Contracts with team physicians
  • Athletes' legal rights to participate in sports

William Donohue, Moderator, University of Minnesota

Elizabeth Arendt, University of Minnesota - Twin Cities

Matthew Mitten, Marquette University Law School

Julie Vannatta, The Ohio State University


2H. Sponsored Research & Technology Transfer

  • NIH proposed COI regs
  • Stanford v. Roche and Bayh Dole rights
  • In re Bilski and method patents
  • FDA proposed falsification reporting rule
  • Gene patenting
  • CDAs with industry

Robert Bienstock, Yale University

Karen Mullin, The Forsyth Institute


2I. Problem Solving to Prevent Lawsuits - Tools in the Toolbox

  • Networking and team building among school administrators to identify problems early
  • Reviewing policy manuals and handbooks to ensure they are current and are being followed
  • Creating training sessions to help administrators in problem solving
  • Negotiating with opposing counsel and preparing for potential litigation
  • Using pre-litigation mediation to resolve particularly difficult conflicts

Nancy Washington Vaughn, Moderator, Alabama Agricultural and Mechanical University

Jeffrey Joseph, Thomas Jefferson School of Law

Edward Shumaker, Bernstein, Shur, Sawyer & Nelson, P.A.


2J. Toxic Employees in the Workplace: Managing Your “Frien-emies” (Repeat Session)

  • Legal limitations upon discipline or removal of disturbing or disturbed employees ("direct threat" and other scenarios)
  • Fitness for duty exams, EAP referrals, "last chance" agreements, leaves, progressive discipline
  • Special problems with faculty
  • Mediation/ADR options
  • Strategies for maintaining a productive work environment - advice from the trenches

Ellen Babbitt, Franczek Radelet P.C.

Kathleen Rinehart, Saint Xavier University


10:30 a.m. - 11:00 a.m.


Break sponsored by Sidley Austin LLP


11:00 a.m. - 12:15 p.m.


3A. Paradigm Shifts: A Dream Not Yet Fulfilled: 50 Years of Change in Discrimination Law

  • The evolution of discrimination law in higher education
  • Forms of discrimination and theories of liability
  • Emerging categories and types of discrimination
  • Rationales and critiques of affirmative action

Jonathan Alger, Rutgers, The State University of New Jersey

Beverly Ledbetter, Brown University

Laura Rothstein, University of Louisville


3B. After the Economic Meltdown: Legal Issues for Endowments

  • Legal and accounting rules governing expenditures from "underwater" endowment funds
  • UPMIFA rules and issues
  • Endowment fund manager due diligence - lessons of Madoff
  • Bankruptcy and credit risk for custodians, prime brokers and counterparties
  • Institutional investor opportunities — better terms from GPs
  • Liquidity issues: secondary sales, fund reductions and bond offerings

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

Edward Klees, University of Virginia Investment Management Company

Christopher Klem, Ropes & Gray LLP

Gregory Poppe, Harvard University


3C. Diversity and Campus Policing: Minimizing Conflict and Ensuring Safety and Trust Within the Campus Community

  • Role of counsel in reducing the likelihood of bias claims and police brutality lawsuits
  • Dealing with complaints of "profiling" in campus communities and protocols for proper police responses that address safety issues without targeting diverse communities
  • Handling clashes with non-diverse local residents
  • Campus police interaction with local jurisdictions
  • Minimizing conflict between diverse groups as well as between the police and diverse groups

L. Amy Blum-Herkenhoff,

Brenda Fraser, University of Pennsylvania

Maureen Rush, University of Pennsylvania


3D. Who's the Boss? GC Relationships with the President and the Board of Trustees

  • Who is the client and to whom does the GC report
  • Observing and understanding the dynamics of the president/board relationship and the GC’s role
  • Hiring of, negotiation with, and evaluation of the president — role of the GC
  • The GC as board professional or secretary — best practices
  • Dealing with bad behavior by the president or board members — ethical and other violations
  • When should the GC engage external counsel for matters involving board/president conflicts?
  • When should the GC advise the president to engage separate counsel?
  • Negotiation of presidential exits and the role of the GC

Jerry Blakemore, Moderator, Northern Illinois University

Raymond Cotton, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo

Mary Kennard, American University

Ted Mallo, The University of Akron


3E. The Elements of an Effective Institutional Compliance Program: Organization and Implementation

  • Program oversight
  • Policies and procedures
  • Training and education
  • Communication
  • Enforcement
  • Compliance monitoring
  • Corrective action plans
  • Periodic risk assessments

Robert Roach, New York University


3F. Case Studies in Ethical Dilemmas: It Could Happen To You

  • What are your ethical obligations when your institution is heading down a path that you can't endorse?
  • How do you ethically deal with conflicts between your administration and your board?
  • How do you identify, analyze, and resolve those ethical issues responsibly as a member of the bar and officer of the court?
  • When do you need to seek your own counsel on your ethical obligations?

Leanne Shank, Moderator, Washington and Lee University

Flora Devine, Kennesaw State University

Michael Frisch, Georgetown University Law Center

Thomas Mason, Zuckerman Spaeder LLP


3G. Policy and Prospects from the U.S. Copyright and Patent Offices

  • U.S. Patent and Trademark Office historical background
  • Current policy developments: patent reform update, case law changes, implementation of rules if any
  • Practices at USPTO of interest to Universities: fee outlook, obviousness standard (quality of examination, interview practice, Graham standard/KSR), time to issuance
  • Initiatives with applicability to universities
  • Some interesting cases and developments in copyright law
  • The challenges in intellectual property today: technology - devices, ubiquitous content - pressure to license content easily and in a cost effective manner
  • The Google Book settlement litigation - key issues and challenges
  • The Georgia State litigation - online course packs and the defense of fair use

Daniel Jones, Moderator, Michael Best & Friedrich LLP

Gloria Phares, Moderator, Patterson Belknap Webb & Tyler LLP

John Calvert, U.S. Patent and Trademark Office

Marybeth Peters, U.S. Copyright Office


3H. COI, IAC, NCAA, and College Athletic Infractions

  • How is a violation case handled at the NCAA?
  • What is the university and university counsel role in the proceedings?
  • What are the standards for appeal?
  • What is the role of the Committee on Infractions, Infractions Appeal Committee and NCAA Enforcement Staff?
  • Hot topics
  • The future

Wendy Walters, Moderator, National Collegiate Athletic Association

Michael Buckner, Michael L. Buckner Law Firm

Paul Dee, University of Miami

Terry Don Phillips, Clemson University

Joyce Thompson, National Collegiate Athletic Association


3I. FICA Taxation of Medical Residents’ Stipends: Update on Pending United States Supreme Court Litigation

  • Must FICA tax be paid on medical residents? Stipends?
  • Discussion of IRS requirements and federal appellate case law
  • Key issues and amicus briefs in Supreme Court

William Donohue, Moderator, University of Minnesota

Bertrand Harding, Law Offices of Bertrand M. Harding, Jr.

Mark Rotenberg, University of Minnesota

Melinda Simon, Emory University

Amir Tayrani, Gibson, Dunn & Crutcher LLP


7:00 p.m. - 10:30 p.m.


50th Anniversary Night of Celebration Featuring a Motown Tribute and Jazz Concert sponsored by Dow Lohnes PLLC


7:30 p.m. - 9:00 p.m.


50 Years of Motown


9:00 p.m. - 9:30 p.m.


Dessert Intermission


9:30 p.m. - 10:30 p.m.


Jazz, Etc. Concert


Tuesday, June 29, 2010


24 hours -


Cyber Café


8:00 a.m. - 9:00 a.m.


Leadership and Membership Recognition Breakfast


9:15 a.m. - 10:30 a.m.


4A. Paradigm Shifts: The Legalization of the Institution-Student Relationship

  • Looking back and forward, the continuing evolution of the law regarding:
  • Distressed and suicidal students
  • Student challenges to academic decisions
  • Student sexual harassment
  • Student learning beyond the campus (internships, field trips, study abroad and on-line classrooms)
  • The evolving intersection and interplay of tort law, discrimination law, student disciplinary procedures and free speech
  • The evolution of institutional responsibilities
  • The evolution of judicial review and judicial deference

Edward Stoner, Moderator,

Barbara Lee, Rutgers, The State University of New Jersey

Nancy Tribbensee, Arizona Board of Regents


4B. Fundamentals of Real Estate Transactions: Due Diligence and Practice Pointers

  • Overview of requirements in buying, selling, and leasing property
  • Reviewing environmental, title, property description, and survey reports
  • Drafting appropriate purchase, sale, and lease agreements
  • Identifying common pitfalls

Lisa Loo, Moderator, Arizona State University

Randolph Geller, University of Oregon

Roman Petyk, University of Pennsylvania

Howard Zweig, Drinker Biddle & Reath LLP


4C. Legal Technology Tips, Tricks, Gadgets, and Other Cool Stuff - 2010 Edition!

  • Amazing free software and web utilities
  • Microsoft Office tweaks, tips and add-ons
  • 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
  • Cloud computing options for lawyers
  • 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.


4D. What's on Your Facebook? The Good, Bad, and Ugly of Social Networking by College Employees

  • Evolving theories of contract, privacy, tort and statutory limitations upon social networking usage and an employer's ability to monitor it
  • Best practices and policies regarding faculty/staff monitoring of social networking sites
  • Use of postings in employment decisions and disciplinary proceedings
  • Special issues arising from faculty use of social networking sites: academic freedom, intellectual property, faculty-student relations, privacy, and harassment issues
  • Other emerging issues: trademark, copyright, and account hijacking

Priya Harjani, Moderator, Northwestern University

Beth Cate, Indiana University

Richard Paul, Paul, Plevin, Sullivan & Connaughton LLP


4E. Enterprise Risk Management: More Than a Fad

  • Unraveling ERM standards and approaches
  • What trustees and financial rating agencies are saying about ERM
  • Compliance and ERM compared
  • Implementing, sustaining and defining counsel's role in ERM
  • Can risk identification increase liability risk?

Ann Franke, Moderator, Wise Results, LLC

Dorothy Gjerdrum, Arthur J. Gallagher & Co.

Richard Legon, Association of Governing Boards of Universities and Colleges

Stephen Sencer, Emory University


4F. Negotiation Skills Building Part I

  • Undesrtanding effective negotiation
  • Negotiator styles: cooperative/problem-solving, competitive/adversarial, competitive/problem-solving
  • Negotiation stages: preparation, establishing rapport and tone, information exchange, distributive stage, closing stage, cooperative stage
  • Strategies for success
  • Concepts developed in this session will be demonstrated in an interactive negotiation exercise during 5D. Negotiation Skills Building Part II
  • Advance review of session materials is highly recommended

Dickens Mathieu, Moderator, Tufts University

Charles Craver, George Washington University School of Law


4G. They’ve Got FARs Upon Thars!

  • Understanding basic FARs clause for research contracts
  • Tips on negotiating FAR clauses and update on troublesome clauses
  • Mandatory Disclosure Rule reporting requirements
  • Compliance with E-Verify
  • Identifying subcontractors for flow-downs

Linda Feuster, Moderator, University of Pittsburgh

Agnes Dover, Hogan Lovells US LLP

Alexandra McKeown, Johns Hopkins University


4H. NACUA Media Forum: The World of New Media and What All Higher Education Lawyers Need to Know

  • Why legal counsel needs to understand the new media
  • How social media has changed our roles
  • Tools for dealing with dealing with activist groups and user content-generated extremists
  • Lessons learned from the publishing industry's experiences with new media
  • The changing nature of student newspapers
  • Relationship between in-house media relations and legal counsel

Pamela Bernard, Duke University

Doug Lederman, Inside Higher Education

Michael Schoenfeld, Duke University

Jeff Selingo, The Chronicle of Higher Education


4I. OGCs in a Time of Financial Challenge: From "Cost Center" to Value-Added

  • Enlisting pro bono assistance
  • Negotiating law firm discounts
  • Using law school internship programs
  • Additional strategies

Francine Tilewick Bazluke, University of Vermont

Andrew Lauer, Yeshiva University


4J. Update on NFB v. LSAC Litigation

  • Current status of California state litigation
  • NFB complaints to DOJ
  • LSAC’s plans for a common law school application
  • Actions taken by colleges/universities in response to NFB demand letter

Thomas Fenner, Stanford University

Joan Van Tol, Law School Admission Council


10:30 a.m. - 11:00 a.m.


Break sponsored by Gallagher Evelius & Jones LLP


11:00 a.m. - 12:15 p.m.


5A. Paradigm Shifts: The Regulation of Higher Education - From University to Public Utility - Can We Escape Our Future?

  • Origins and overview of federal regulation of higher education
  • Types of regulation
  • Cost-benefit analyses of federal regulation:  a framework for evaluation of future regulation of higher education
  • The culmination of federal regulation:  institutional compliance programs and the General Counsel as police officer and informant
  • Challenging "law by stationary"  — standards of judicial review of federal regulations and guidance
  • Avoiding our future:  how to deter or discourage future regulation efforts — lobbying and other practical strategies to change the terms of the debate: bad facts make bad laws — combating "legislation by anecdote"; who ultimately pays the costs of compliance?; resisting regulation by promoting the value of institutional autonomy, academic freedom and educational excellence, and how regulation weakens them; exchanging accountability for de-regulation

Ken Salomon, Moderator, Dow Lohnes PLLC

Stephen Dunham, Johns Hopkins University

Terry Hartle, American Council on Education

Derek Langhauser, Maine Community College System


5B. Everything a General Counsel Needs to Know About Title IV Loan Programs

  • General eligibility requirements, incentive compensation, substantive changes, study abroad, and lending and institutional loan programs
  • General counsel’s role in maintaining compliance with requirements including assessing areas of risk
  • Managing program reviews, audits or investigations, and minimizing damage as a result of any such review

John Przypyszny, Moderator, Drinker Biddle & Reath LLP

Joseph Oliva, St. John's University

Andrew Strong, The Texas A&M University System


5C. The Paperless College or University Law Office: 2010 Technology At Your Service

  • 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.


5D. Negotiation Skills Building, Part II

  • Ethical issues associated with telephone and electronic interactions
  • A negotiation exercise demonstrating concepts developed in 4F. Negotiation Skills Building Part II
  • How differences in valuing information can affect outcomes
  • Advance review of session materials is highly recommended

Dickens Mathieu, Moderator, Tufts University

Charles Craver, George Washington University School of Law


5E. How to Stay Afloat in Turbulent Economic Times

  • Ways to demonstrate the value of your office - measuring  performance relative to cost
  • Doing more with less - ways in which the general counsel’s office can contribute to the institution’s budget reduction efforts
  • Keeping staff energized and effective during tough economic times - using rewards other than money
  • Facilitating your institution’s entrepreneurial activities
  • Participating in senior level fiscal decision making - providing legal-policy perspective on long-term impact regarding reputational and other risks

Nancy Footer, Moderator, University of North Texas System

Robert Haverkamp,

Christine Helwick, California State University

James Mingle, Cornell University


5F. ADA/FMLA 2.0: New Laws, Regulations, and Compliance Strategies for Tough Campus Scenarios

  • The hot button issues in "traditional" FMLA litigation in higher education today and the impact of the NDAA 2010 amendments to service member FMLA
  • Additional legislated protection of time off from work
  • How the new ADA amendments and regulations affect the day-to-day accommodation process
  • Avoiding the minefield created by "regarded as" claims
  • What the special provisions regarding higher education really mean

Richard Weitzner, Moderator, The George Washington University

Megan Norris, Miller, Canfield, Paddock and Stone P.L.C

Darrell VanDeusen, Kollman & Saucier, P.A.


5G. Light and Life at the End of the Tunnel: Recognizing Substance Abuse

  • How to recognize substance abuse
  • The potential to erode professionalism, effectiveness, service to clients, and relationships with colleagues and family
  • How to seek help and recovery

David Harrison, Moderator, University of North Carolina General Administration

John Sarratt, Harris, Winfield, Sarratt & Hodges, LLP


5H. Intercollegiate Athletics and Sports Law

  • Litigation involving coaches
  • The federal investigation into athletics department employee ticket scalping
  • The new NCAA amateurism eligibility certification process and procedures
  • Recent NCAA enforcement staff initiatives
  • ACT/SAT test score questions and notification issues

William Donohue, University of Minnesota

Michael Glazier, Bond, Schoeneck & King, PLLC


5I. Hot Topics in Human Subjects Research

  • Consent form best practices
  • Tissue issues and genetic information
  • Working with foreign IRBs

Frederick Savage, Moderator, Johns Hopkins University

David Borasky, RTI International

Pearl O'Rourke, Partners Healthcare Systems

Kristin West, Emory University


5J. Open Source, Open Access

  • Open source software licensing do's and don'ts
  • Open access faculty initiatives – transformation of scholarly publishing
  • Open source and open access implication for your campus IP policies

Karin Rivard, Goulston & Storrs

Kevin Smith, Duke University


12:15 p.m. - 1:45 p.m.


Networking Luncheon


Affinity Group Luncheons


2011 Program Committee Meeting


2:00 p.m. - 3:15 p.m.


6A. Paradigm Shifts: Top Higher Education-Related Court Cases of 2009-2010 and the Evolution of Supreme Court Jurisprudence

  • Recent U.S. Supreme Court and Federal Courts of Appeals cases that directly and indirectly affect higher education
  • A preview of the cases affecting higher education that will be decided by the Supreme Court in the 2010-11 Term as well as issues that are emerging

Derek Langhauser, Moderator, Maine Community College System

Erwin Chemerinsky, University of California - Irvine School of Law

William Thro, Christopher Newport University


6B. When Green Initiatives Get Slowed in the Mud: Responding to Legal Claims for Sustainability Efforts Gone Awry

  • Drafting construction agreements for a LEED rated project
  • Assessing and managing the risks of failing to meet a LEED or related standard among the parties to the construction process
  • Recent developments from the U.S. Green Building Council
  • Challenges to the award and maintenance of a LEED rating

Charles Barber, Moderator, The George Washington University

Scott Kowalski, Petty, Livingston, Dawson & Richards

Brendan Owens, U.S. Green Building Council

Russell Perry, SmithGroup

Andrea Salley, Georgetown University


6C. Electronic File Management: Streamline Your Office With Better Document Management

  • Organizing and storing all documents (in a highly accessible and  client/matter-centric matter
  • Creating files that are searchable by any imaginable criteria and using better naming conventions
  • Demonstration of document management software and inexpensive (or free) programs that will allow you to find any document in seconds

Barron Henley, Henley March & Unger Consulting, Inc.


6D. Diversity in the STEM Fields: A Goal for the 21st Century

  • Fulfilling your institution’s educational mission
  • Legal and practical issues in recruiting and retaining a diverse faculty and student body in STEM disciplines
  • Constitutional and other obstacles
  • Strategies and practical ideas to achieve diversity

Jamie Lewis Keith, Moderator, University of Florida

Jonathan Alger, Rutgers, The State University of New Jersey

Arthur Coleman, EducationCounsel LLC


6E. Size Doesn't Matter: Surviving in a Solo or Small GC Office

  • They call me the Fireman – putting out fires and triaging legal problems
  • Being responsive to too many demands or avoiding the bottleneck syndrome
  • Delegating responsibility effectively
  • Issues/responsibilities that can't be delegated or ignored
  • Cost effective approaches to providing basic legal information (e.g. websites, on-line training, etc.)
  • Not reinventing the wheel - helpful checklists or benchmarking tools

Craig Parker, University of the District of Columbia

Shannon Sinclair, University of Richmond

Jeffrey Slonim, Fashion Institute of Technology

Sandhya Subramanian, Oberlin College


6F. Labor Pains: Developments in Labor Negotiations and Union Activity

  • The new NLRB - what a "more dynamic" reading of the NLRA may mean to higher ed
  • Will EFCA-esque changes be implemented administratively?
  • Tactics unions are using (e.g. corporate campaigns, neutrality agreements)
  • Contract administration and mid-term modifications
  • Selected thorny issues (agency fees and faculty on committees)

Christopher Dale, Minnesota State Colleges and Universities

Walter Hunter, Littler Mendelson, P.C.

Christopher Murphy, Saul Ewing LLP


6G. Identifying and Addressing Individual Conflicts of Interest in Research

  • Federal regulations on conflicts of interest in research
  • Drafting effective conflict of interest policies
  • Issues in implementation of conflict of interest policies
  • Conflict management plans

Theresa Colecchia, Moderator, University of Pittsburgh

Benjamin Butler, U.S. Department of Health and Human Services

Alexander Dreier, Hogan Lovells US LLP

Robert Terrell, University of Pennsylvania


6H. Organizing and Operating International Programs

  • Growth of European Union and EU higher education law
  • Choice of law and forum
  • U.S. extra-territoriality issues
  • Global alliances
  • China: latest trends
  • International sponsored research agreements

Ken Grime, Australian National University

Peter May, American University of Beirut

Glynne Stanfield, Eversheds LLP


6I. Are You Doing Enough to Protect Your Name and Trademarks?

  • Effective protection and enforcement outside the US
  • Domain names and diploma mills
  • Defensive trademark strategies
  • Why you should care even if you don't have a Division I athletics program

Harold Evans, Moderator, Williams & Anderson

William Brewster, Kilpatrick Townsend & Stockton LLP

Laura Hillock, University of Pittsburgh


6J. Tensions Between FERPA and Public Records Requests: Responding to Information Requests from the Media

  • Are institutional lawyers doing an adequate job of making determinations about releasing information consistent with FERPA when responding to media requests?
  • How can institutions achieve more consistency to avoid media attacks for inconsistency? Is there anything wrong with being nationally inconsistent (in the media's eyes) if you are consistently following your institutional policies and your state law?
  • Important cases and hot topics
  • Will FERPA be changed? Discussion of legislative initiatives and where FERPA may be heading in the future

Julie Vannatta, Moderator, The Ohio State University

Steven McDonald, Rhode Island School of Design

Jan Neiger, The Ohio State University

LeRoy Rooker, American Association of Collegiate Registrars & Admissions Officers


3:15 p.m. - 3:45 p.m.


Ice Cream Break sponsored by Pillsbury Winthrop Shaw Pittman LLP


3:45 p.m. - 5:00 p.m.


7A. Paradigm Shifts: Academic Freedom in 2010: How Free is "Free"?

  • Primer on definition of academic freedom in higher education employment setting
  • How the concept of academic freedom has evolved over the last 50 years and how the term has been refined or limited
  • Discussions of significant highly publicized cases including Ward Churchill and Normal Finkelstein disputes and the Garcetti case
  • Questions to ponder and predictions for the future

Mark DiVincenzo, Moderator, Massachusetts Institute of Technology

Judith Areen, Georgetown University Law Center

Martin Michaelson, Hogan Lovells US LLP

Patrick O'Rourke, University of Colorado


7B. A Speed Audit of Tax Issues for Your Institution

  • Overview of the range of issues that would likely be raised in a tax audit, especially the new "Team Examination Program" audits
  • Compensation, fringe benefits, unrelated business income tax, related organizations, and maintenance of tax exemption
  • Current tax developments

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

Diara Holmes, Caplin & Drysdale

Joseph Irvine, The Ohio State University

Judith Kindell, Internal Revenue Service

Lorraine Sciarra, Princeton University


7C. PDFing for College and University Lawyers Using Adobe Acrobat

  • PDF creation, manipulation, security and distribution
  • Legal-specific features such as redaction, Bates numbering, and metadata removal
  • The advantages and features of .pdfs

Barron Henley, Henley March & Unger Consulting, Inc.


7D. Accommodating Student Psychiatric Disabilities in Post-Virginia Tech World: Model Solutions That Address Student Behavioral Concerns

  • Obligations under Sec. 504, the ADA, FERPA, HIPAA and state privacy laws
  • Direct threat cases — threats to self v. threat to others
  • Key components of effective violence prevention programs
  • Role of counsel in violence prevention programs
  • Mission and composition of behavioral intervention teams

Sandhya Subramanian, Moderator, Oberlin College

Adele Rapport, U.S. Department of Education Office for Civil Rights - Chicago

Scott Warner, Franczek Radelet P.C.

Joshua Zugish, Colorado State University System


7E. What to Do Right Before Everything Goes Wrong: Managing Relationships with Foundations and Supporting Organizations

  • Issues related to affiliated support organizations and strategies for managing those relationships
  • How to balance the interests of transparency and accountability with the need to maintain status as an independent, private entity
  • Managing risks through affiliation agreements
  • Ownership and use of tradenames and trademarks
  • What to do when the relationship goes terribly wrong

José Padilla, Moderator, DePaul University

Peter McDonough, Princeton University

Andrew Newton, Georgia Health Sciences University

Perry Sansing, Mississippi University for Women


7F. Audits Aren’t Just About Money Anymore: A Guide for the Perplexed

  • Meet the auditor: traditional internal and external auditor roles
  • The ins and outs of outsourcing the "Internal Audit" function
  • Legal Counsel’s role in financial audits and legal audits
  • Auditing meets compliance: schedule K and revenue bond compliance

Cathy Wood, Moderator, The Catholic University of America

Alan Bond, Bond Logistix LLC

Edwin Oswald, Orrick, Herrington & Sutcliffe LLP

Raina Rose Tagle, Baker Tilly


7G. Title IX and Intercollegiate Athletics - Recent Developments and Current Issues

  • Increased OCR enforcement activity: scheduling, pre-season training, facilities and equipment, scholarships
  • Eliminating teams in a climate of increased enforcement and institutional budget pressures
  • OCR Clarification of Part 3 of the 3-Part Test

Elsa Kircher Cole, Michael & Susan Dell Foundation

Janet Judge, Sports Law Associates LLC

William Thro, Christopher Newport University


7H. Managing Pandemics on Campus: The H1N1 Experience

  • Legal issues pertinent to pandemics on campus and role of the general counsel's office
  • Managing risks associated with pandemics on campus
  • Steps campuses took to address H1N1 on campus and how they measured success with respect to such steps
  • Lessons learned from the H1N1 experience
  • The impact of pandemic influenza planning (including the composition of planning and response teams)
  • Preparing for the next possible pandemic

Amy Foerster, Moderator, Saul Ewing LLP

Jill DeBoer, University of Minnesota

Dana Scaduto, Dickinson College

James Shekleton, South Dakota Board of Regents


7I. Higher Education Retirement Income Issues: Roles and Responsibilities

  • Overview of higher education trends affecting retirement planning, TIAA-CREF survey data
  • Fiduciary responsibilities of colleges and universities
  • Institutional role in providing retirement choices
  • Role of outside consultants
  • Considerations regarding offers of investment advice

Dorothy Robinson, Moderator, Yale University

Patricia Sachs Catapano, Columbia University

Steven Kronheim, TIAA-CREF

Tara Schulstad Sciscoe, Ice Miller LLP


7J. Challenges to the Regulation of Firearms on Campus

  • Recent case law and legislative activity
  • Advocacy group activity
  • Campus policies and practical strategies

Derek Langhauser, Maine Community College System

Stephen Sencer, Emory University


7K. Outsourcing Email and Other IT Functions: Current Efforts and Next Steps

  • Experiences in negotiating email (including faculty and staff email) outsourcing
  • The fight over FERPA
  • Update on development of template RFP and contract documents for IT outsourcing
  • Prospects for aggregated outsourcing efforts

Beth Cate, Indiana University

Henry Cuthbert, Duke University

Madelyn Wessel, University of Virginia


Wednesday, June 30, 2010


24 hours -


Cyber Café - Until 12:00 p.m.


7:30 a.m. - 8:30 a.m.


Continental Breakfast


8:30 a.m. - 10:00 a.m.


8A. Paradigm Shifts: The Evolution of Intellectual Property Law in the Information Age... Or Lack Thereof

  • The mash-up at the intersection of intellectual property law and the internet
  • Cognitive dysfunction junction: universities as consumers, creators and vendors of intellectual property
  • What interests were patent and copyright law originally designed to serve? What interests are they serving today?
  • The failure of Fair Use
  • The credibility gap: copyright law and consumer nullification
  • The most needed reforms in intellectual property law

Jack Bernard, University of Michigan

Beth Cate, Indiana University


8B. Operating in a Regulatory Soup of Privacy Rules and Disclosure Requirements

  • FTC Red Flags Rule, FERPA, HIPAA, and GLB requirements — analyzing the interrelationships
  • Addressing apparently conflicting and overlapping provisions
  • Required disclosures for breaches of privacy

Phyllis Karasov, Moderator, Moore, Costello & Hart, PLLP

Ellen Campbell, U.S. Department of Education

Thomas Dorer, University of Hartford

Deborah Friendly, U.S. Department of Education

James Pyles, Powers, Pyles, Sutter & Verville


8C. In-House GC Law Office Technology

  • In a world of technology that keeps changing, what are the best sources of information that help you to keep up?
  • What can you do that no one else seems to be doing?  What does everyone else seem to be doing that you can’t quite adapt to your office?
  • What’s working and what isn’t working? What keeps you up at night?  What should keep you up at night?
  • Where are you seeing the greatest efficiency gains through the use of technology?

M. Kristina Raattama, Florida International University

Jeffrey Slonim, Fashion Institute of Technology


8D. Surviving an ADA Accessibility Audit: Best Practices for Policy Development and Compliance

  • Common accessibility issues on campus
  • Understanding the requirements of the ADA, Section 504, and technical assistance requirements
  • How to respond to DOJ and OCR audits, as well as private complaints
  • Recent developments in DOJ, OCR, and private enforcement actions
  • Emergency preparedness and other selected issues in accessibility compliance

Kathleen Rinehart, Moderator, Saint Xavier University

Ellen Babbitt, Franczek Radelet P.C.

Irene Bowen, ADA One, LLC

Gigi McCabe-Miele, LCM Architects


8E. Getting on the Same Page: Educating Our Clients

  • Teaching basic legal competencies to administrators
  • Clients who contact their lawyers too early, too late, or never
  • Using technology for routine or recurring client communications
  • Managing the troublesome or high-maintenance client

Paul Ward, Moderator, Southern Methodist University

Ann Franke, Wise Results, LLC

Eileen Goldgeier, North Carolina State University

Lawrence White, University of Delaware


8F. Youth on Campus: Managing Legal Risks and Handling Operational and Academic Challenges

  • Risks and challenges involved with child care and babysitting, summer programs, and young college students
  • Relationships with parents, capacity to contract, and participating in research
  • Common issues: supervision, medical care, alcohol and drug use, sexual activity and molestation, child abuse reporting obligations, waivers/releases, housing challenges, and non-PG class content

Toi Carter, Moderator, The George Washington University

Lucy Singer, University of Vermont

Nancy Tribbensee, Arizona Board of Regents


8G. Ethics and Attorney-Client Privilege Applied to 21st Century Reality

  • Definition of attorney-client privilege, who may be included in communications, actions which cause waiver of privilege and separating protected from non-protected content
  • Exceptions to privilege and Sarbanes-Oxley for in-house counsel
  • Ownership of the privilege for in-house counsel as employee
  • Email, texts, and other electronic communications
  • Distribution lists and privacy issues in network settings
  • Best practices for communications and limits on secondary distribution

R. Daniel Price, Moderator, Berry College

Christopher Marquardt, Alston & Bird LLP

Wendy White, University of Pennsylvania


8H. Due Diligence and Contract Review when dealing with Foreign Universities

  • Understanding and identifying key issues
  • Sample Contract Provisions
  • Liability benchmarks for international programs

Michael Pfahl, Moderator, Kent State University

Maria Garner, Vanderbilt University

Nancy Williamson, University of Maryland University College


8I. Navigating NACUANET and the NACUA Website

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


8J. Impact of Health Care Reform on College and University Employee and Student Health Plans

  • How employer health plans will need to be modified
  • The additional burdens imposed on employer plans for certain lower paid employees
  • When the new requirements apply, and anticipated short-term and long-term developments
  • Will the PPCACA allow colleges to continue offering student health insurance plans?
  • Required changes in Student Health Insurance/Benfit Plans (SHIBPs)
  • Impact on foreign students

C. Randall Nuckolls, McKenna Long & Aldridge

Tara Schulstad Sciscoe, Ice Miller LLP

Charles Stevens, Michael Best & Friedrich LLP


10:00 a.m. - 10:30 a.m.


Break sponsored by Sidley Austin LLP


10:30 a.m. - 12:00 p.m.


9A. Gift Horses, White Elephants, and the Donors Who Send Them

  • How to address problem gifts and/or problem donors
  • What options are available when a naming gift is not completed?
  • What happens when a gift restriction later becomes impractical or impossible to fulfill?
  • What do you say to donors who, years later, want to change the terms and conditions of their gift?
  • The decision to deaccession a gift - the do's and don'ts

Bethany Bridgham, Moderator, American University

Peter Erichsen, Ropes & Gray LLP

Marsha Shaines, Smithsonian Institution


9B. An Unlikely Trinity? Administrators, Organizations, and Religious Accommodations

  • Christian Legal Society v. Martinez — background and litigation history
  • Briefing and oral argument
  • Implications of U.S. Supreme Court decision for university student organization non-discrimination and open membership policies

Elise Traynum, Moderator, Hastings College of the Law

Robb Jones, United Educators Insurance Reciprocal Risk Retention Group

Ethan Schulman, Crowell & Moring LLP


9D. The Downturn’s Lessons Learned: Tough Issues in Implementing Cost-Saving Strategies—RIFS, Furloughs, Voluntary Separation Programs and Other Approaches

  • Voluntary separation pay programs & severance-related benefits
  • Other RIF alternatives: flex schedules and furloughs
  • Involuntary RIF procedures
  • Waivers and releases
  • WARN and notification requirements
  • Non-union and union workforces
  • Considerations for public versus private universities
  • Faculty versus staff

Sean Burke, Moderator, University of Pennsylvania

Philip Miscimarra, Morgan, Lewis & Bockius LLP

Donald Newman, California State University


9E. K-12, Lab, and Charter Schools on Campus

  • Contractual and/or statutory relationships with state or local boards of education
  • Role of college/university for on-site schools: mini-school district?
  • Due process and IDEA/504 issues
  • High school athletics issues
  • Relationships with parents
  • Graduate student and student teacher practicum issues

Beth Harris, University of Chicago

Edward Kelly, East Tennessee State University


9F. If Only You’d Checked: Criminal Background Checks and Student Admissions

  • Should your campus require prospective students to submit to criminal background checks?
  • Legal and policy analysis of key issues related to background checks
  • Current trends, including the results of a new AACRAO survey of members regarding background checks, and potential concerns about checks
  • Emerging best practices in policies, procedures, and application design
  • Tips and traps for the unwary from a senior administrator at a campus that has implemented "red flag" background checks

Beverly Ledbetter, Moderator, Brown University

Darby Dickerson, Stetson University College of Law

Patricia Leonard, University of North Carolina at Wilmington

Barmak Nassirian, American Association of Collegiate Registrars & Admissions Officers


9G. Practicing Higher Education Law in Afghanistan: The American University of Afghanistan

R. Michael Smith, American University of Afghanistan


12:00 p.m. -


Conference Adjourns