Workshop Schedule Click here to download
Wednesday, November 12, 2008
Welcome and Introduction to the Program
Time: 1:00 PM - 1:15 PM Room Location: Blue Room
Kathleen Curry Santora, CEO, NACUA
Mary Kennard, President, NACUA
Theresa Colecchia, University of Pittsburgh
01. Sponsored Research with Foundations: Evolving Roles and Changing Contract Terms
Time: 1:15 PM - 2:30 PM Room Location: Blue RoomSession Type: Panel Discussion
Foundations' goals for commercialization of developments they fund
Treatment of revenue derived from the commercialization of foundation-funded research
Balancing the rights of parties when multiple funders support a common project
Ensuring the appropriate documentation of collaborative structures so that foundation goals are met (does your technology transfer office know what your research office agreed to?)
Publication rights and dissemination of data-is acknowledgement of funding all that a foundation wants?
Karen Andrees, Speaker
Counsel, Multiple Myeloma Research Foundation
Theresa Colecchia, Moderator
Associate General Counsel, University of Pittsburgh
Erik Iverson, Speaker
Associate General Counsel, The Gates Foundation
02A. Taming the MTA Monster - Policies and Practices to Manage the Effective Transfer of Materials
Time: 2:45 PM - 4:00 PM Room Location: Blue Room Session Type: Panel Discussion
Dealing with difficult IP terms
Take-it-or-leave-it terms (e.g., foreign law)
Indemnification provisions
Tactics to improve tracking MTAs
Other problematic provisions
Dianne Archer, Speaker
Coordinator - Private Contracts & Grants, University of California
Fletcher Fairey, Moderator
Associate University Counsel, University of North Carolina at Chapel Hill
Cathy Innes, Speaker
Director of the Office of Technology Development, University of North Carolina at Chapel Hill
BethLynn Maxwell, Speaker
Senior Attorney, The University of Texas System
Kathy Schutt, Speaker
Licensing Associate, Office for Technology Development, The University of Texas Southwestern Medical Center
02B. Conducting Research Overseas: Setting Up Operations and Regulatory Compliance
Time: 2:45 PM - 4:00 PM Room Location: Congressional A & B Session Type: Regular
Establishing a legal presence overseas: foreign registration, memoranda of understanding, tax exemptions, special purpose entities, and liability protection
Meeting expectations of federal sponsors and monitoring compliance remotely
Understanding roles of institutional review board and ethics committees in oversight of human subjects research overseas
Complying with local laws, regulations, policies and customs in the conduct of human subjects research overseas
William Ferreira, Speaker
Hogan & Hartson LLP
Gerianne Sands, Speaker
Associate General Counsel, Fred Hutchinson Cancer Research Center
Edward Silver, Moderator
Associate General Counsel, Columbia University
03A. Reporting Non-Compliance in Human and Animal Subjects Research: Best Practices
Time: 4:15 PM - 5:30 PM Room Location: Blue Room Session Type: Regular
Regulatory overview of reporting requirements for OHRP, FDA, OLAW, USDA and OBA
What is a reportable event? Who makes the determination? Who makes the report? When do you report? What do you include in the report?
Risks of under-reporting and over-reporting
Reporting requirements for accrediting bodies
Theresa Colecchia, Speaker
Associate General Counsel, University of Pittsburgh
Barbara Shiels, Moderator
Associate General Counsel, University of Minnesota
Eric Swank, Speaker
Research Compliance Advisor, Indiana University
03B. Monetizing Assets: The Sale of Patents and Royalty Streams
Time: 4:15 PM - 5:30 PM Room Location: Blue Room Session Type: Panel Discussion
Establishing value of R & D patents
Negotiating transactions
Current status of the intellectual property marketplace
Intellectual property patent auctions
Rangar Olson, Speaker
Associate, Ocean Tomo, LLC
Paul Reidy, Speaker
Intellectual Ventures, Inc.
Arjun Sanga, Moderator
Associate Vice Chancellor for Research and Technology Transfer, The University of Texas System
Reception for Registrants and Presenters sponsored by Hogan & Hartson LLP
Time: 5:30 PM - 6:30 PM Room Location: Empire Ballroom
Thursday, November 13, 2008
04A. Investigator Initiated Studies-INDs and IDEs: Who Holds the Responsibility and How to Manage the Risk
Time: 8:00 AM - 9:15 AM Room Location: Blue Room Session Type: Regular
When to obtain an IND or IDE
Sponsor responsibilities under an IND or IDE
Clinical investigator responsibilities under an IND or IDE
IRB responsibilities under an IND or IDE
Sponsor, clinical investigator and IRB non-compliance in FDA warning letters-common regulatory failures
Effective habits of sponsors and clinical investigators to avoid regulatory correspondence
Judith Leonard, Moderator
Vice President for Legal Affairs and General Counsel, University of Arizona
Karena Cooper, Speaker
Regulatory Counsel, Office of Compliance, Center for Drugs Evaluation and Research, FDA
Sonali Gunawardhana, Speaker
Regulatory Counsel, Office of Compliance, Division of Bioresearch Monitoring Center, FDA
04B. Current Patent Legislation and Case Law Update
Time: 8:00 AM - 9:15 AM Room Location: Congressional A & B Session Type: Regular
Origins of the effort at patent reform and the complex perspectives of higher education
The roles played by the National Academy of Sciences, FTC, AAU, COGR and others
Will the energy behind efforts at patent reform have implications for other technology transfer legislation (e.g. Bayh Dole)?
Patent Law Review: A discussion of notable Supreme Court and Federal Circuit decisions in the last year
Patent Law Perspectives: The impact of USPTO rulemaking and the eBay, Medimmune, and KSR progeny by a patent litigator and a patent prosecutor
Jonathan Fritz, Speaker
Whyte Hirschboeck Dudek, S.C.
Robert Hardy, Moderator/Speaker
Director, Council on Governmental Relations
Jason Sheasby, Speaker
Irell & Manella LLP
05A. Effort Reporting: Best Practices and Recent Enforcement Actions
Time: 9:30 AM - 10:45 AM Room Location: Blue Room Session Type: Regular
Basic principles of effort reporting under OMB Circular A-21
HHS OIG's proposed guidance on effort reporting
Lessons learned from NSF's recent stories of comprehensive effort reporting audits
Enforcement of effort reporting compliance under the False Claims Act
Avoiding trouble-the role of university counsel
Judith Curry, Moderator
Associate General Counsel, North Carolina State University
David Kennedy, Speaker
Director, Costing Policies and Studies, Council on Governmental Relations
Robert Kenney, Speaker
Hogan & Hartson LLP
05B. Suing for Patent Infringement: Evaluating the Costs and Weighing the Risks and Benefits
Time: 9:30 AM - 10:45 AM Room Location: Congressional A & B Session Type: Panel Discussion
Anatomy of a patent case
Handling the decision to commence suit
Preparing for litigation* Managing the litigation
Process of settlement* Handling unexpected results
Augustine Cheng, , Speaker
Chief Legal Officer, Arizona Technology Enterprises
Michael Falk, Speaker
Wisconsin Alumni Research Foundation
Jason Sheasby, Moderator/Speaker
Irell & Manella LLP
Terri Lynn Turner, Speaker
Associate General Counsel, Johns Hopkins University
06A. Simplification of Informed Consent Documents
Time: 11:00 AM - 12:00 PM Room Location: Capitol Session Type: Discussion Group
Susan Ehringhaus, Associate General Counsel for Regulatory Affairs, Association of American Medical Colleges
06B. Establishing Effective Research Compliance Programs
Time: 11:00 AM - 12:00 PM Room Location: Embassy Session Type: Discussion Group
Peter Harrington, Bowditch & Dewey, Worcester, MA
Eric Swank Research Compliance Advisor, Indiana University
06C. Select Agent Research and Biosecurity Concerns
Time: 11:00 AM - 12:00 PM Room Location: Calvert Session Type: Discussion Group
Patrick Schlesinger, University of California
06D. Clinical Research Subject Injury: Negotiating Compensation Clauses
Time: 11:00 AM - 12:00 PM Room Location: Governor's Session Type: Discussion Group
Karen Mullin, Boston University
06E. Reviewing FAR Clauses: Preferred Clauses for Universities
Time: 11:00 AM - 12:00 PM Room Location: Forum Session Type: Discussion Group
Robert Hardy, Director, Council on Governmental Relations
Alex McKeown, Associate Dean for Research Administration, Bloomberg School for Public Health, Johns Hopkins University
06F. Taking Your MTA Tracking and Management System Online
Time: 11:00 AM - 12:00 PM Room Location: Congressional A & B Session Type: Discussion Group
Cathy Innes, Director of the Office of Technology Development, University of North Carolina at Chapel Hill
Kathy Schutt, Licensing Associate, Office for Technology Development, The University of Texas Southwestern Medical Center
Luncheon: Research Institutions, Difficult Economic Times and a New Administration
sponsored by Whyte Hirschboeck Dudek
Time: 12:00 PM - 1:30 PM Room Location: Hampton Ballroom
John C. Vaughn, Executive Vice President, Association of American Universities
07A. Drugs and Devices for Unique Situations: Humanitarian, Compassionate and Emergency Use
Time: 1:30 PM - 2:45 PM Room Location: Blue Room Session Type: Regular
Overview of regulatory requirements
Clarifying confusion between compassionate and emergency use
Informed consent requirements
Obligations of physician, IRB, institution, FDA and drug/device company
Applicability of sponsored research agreements to these unique situations
Stephanie Gold, Moderator, Hogan & Hartson LLP, Washington DC
Wayne Matelski, Speaker
Partner, Arent Fox LLP
Kathleen Meyerle, Speaker
Legal Counsel, Mayo Clinic
07B. Export Control in the Technology Transfer Setting: You Can't License That Over There
Time: 1:30 PM - 2:45 PM Room Location: Congressional A & B Session Type: Regular
Current export controls, sanctions and embargoes
When over here is "over there": controls on deemed exports
Special export control issues for technology with military or space applications
Enforcement trends under U.S. trade controls
The future of export controls in the technology transfer setting
BethLynn Maxwell, Moderator
Senior Attorney, The University of Texas System
J. Scott Maberry, Speaker
Partner, Fulbright & Jaworski L.L.P.
08A. Protecting Your Animal Research Program: New Risks and New Tactics
Time: 3:00 PM - 4:15 PM Room Location: Blue Room Session Type: Regular
Legal and legislative strategies of animal rights groups
Legal and legislative strategies of institutions
Strategies for handling public records requests
On-campus and off-campus security strategies
Coordination with law enforcement
Public relations strategies
L. Amy Blum, Speaker
Campus Counsel, University of California - Los Angeles
Patrick Schlesinger, Speaker
Office of Ethics, Compliance and Audit Services, University of California
Barbara Shiels, Moderator
Associate General Counsel, University of Minnesota
Frankie Trull, Speaker
President, National Association for Biomedical Research
08B. Enforcing the University's Rights in Intellectual Property with Faculty: Case Studies from the Trenches
Time: 3:00 PM - 4:15 PM Room Location: Congressional A & B Session Type: Panel Discussion
Non-disclosure of inventions by faculty members
Securing faculty compliance with university policies
Enforcing institutional policies and rights against third parties dealing with faculty
Federal funding and Bayh-Dole considerations
Resolving institutional and faculty disagreements re enforcement against alleged infringers
Robert Firestone, Speaker
Associate General Counsel, University of Pennsylvania
Kenneth Hairston, Moderator
General Counsel, Alabama Agricultural and Mechanical University
Steven Rosen, Speaker
Attorney, The University of Texas System
09A. Update on Export Control Regulations Affecting Research
Time: 4:30 PM - 5:30 PM Room Location: Capitol Session Type: Discussion Group
J. Scott Maberry, Fullbright & Jaworski
09B. Alternative Structures for the Oversight of Human Subjects Research
Time: 4:30 PM - 5:30 PM Room Location: Embassy Session Type: Discussion Group
Stephanie Gold, Hogan & Hartson LLP, Washington DC
Judith Leonard, Vice President for Legal Affairs and General Counsel, University of Arizona
09C. Managing the Risk to the Research Enterprise in Troubling Economic Times
Time: 4:30 PM - 5:30 PM Room Location: Calvert Session Type: Discussion Group
Edward C. Dolan, Hogan & Hartson LLP, Washington DC
09D. Tax Implications of Industry Sponsored Research
Time: 4:30 PM - 5:30 PM Room Location: Governor's Session Type: Discussion Group
Robert Bienstock, Yale University
Peter Harrington, Bowditch & Dewey, Worcester, MA
09E. Managing Institutional Conflict of Interest-Getting Past the Pretty Words and Enacting a Meaningful Policy
Time: 4:30 PM - 5:30 PM Room Location: Forum Session Type: Discussion Group
Susan Ehringhaus, , Association of American Medical Colleges
09F. Complying with the NIH Open Access Requirement
Time: 4:30 PM - 5:30 PM Room Location: Council Session Type: Discussion Group
Madelyn Wessel, University of Virginia
Friday, November 14, 2008
10. Industry Relations Policies for Academic Medical Centers-Beyond Standard Conflict of Interest Policies and Considerations
Time: 8:00 AM - 9:15 AM Room Location: Blue Room Session Type: Panel Discussion
Research (risk stratification from human to non-human research)
Education
Clinical practice linked to medical schools
Start-up companies based on university discoveries
Guy Chisolm, Speaker
Chairman of the Lerner Research Institute Department of Cell Biology, The Cleveland Clinic Foundation
Susan Ehringhaus, Speaker
Associate General Counsel for Regulatory Affairs, Association of American Medical Colleges
Stephanie Gold, Moderator
Hogan & Hartson LLP
Ann James, Speaker
Senior University Counsel, Stanford University
11. Negotiating Effective Clinical Trial Agreements-Industry Perspectives and Institutional Concerns
Time: 9:30 AM - 10:45 AM Room Location: Blue Room Session Type: Regular
Expectations of the bio/pharmaceutical company and academic medical institution when negotiating clinical trial agreements
Key issues: Confidentiality: What can a bio/pharmaceutical company reasonably expect? Publication: Why so important to academic medical institutions? Intellectual Property: How can bio/pharmaceutical companies ensure that their intellectual property rights are appropriately protected? Indemnification: Who should be responsible and for what?
Practical and effective methods to streamline the negotiation of clinical trial agreements
Dennis LaCroix, Speaker
Managing Counsel, Genzyme Corporation
BethLynn Maxwell, Moderator
Senior Attorney, The University of Texas System
Karen Mullin, Speaker
Contract Officer, Boston University Medical Campus
12. Ethical Considerations for Counsel in Representing Faculty and Staff in Governmental Investigations
Time: 11:00 AM - 12:15 PM Room Location: Blue Room Session Type: Regular
Preserving privilege--who is the client?
Joint representation and the Rules of Professional Conduct
Joint defense agreements
Indemnification and fee reimbursement-institutional policies and revised DOJ guidelines
Dealing with refusals to cooperate with internal and external investigations or misrepresentations to government investigators
Duty to defend and institutional insurance policies
State deviations from model rules of professional conduct
Karl Brevitz, Moderator
Director of Legal Resources, National Association of College and University Attorneys
Lisa Estrada, Speaker
Partner, Arent Fox LLP
Patricia Bergeson , Speaker
Rosalind Franklin University of Medicine and Science