NACUA 46th Annual Conference Schedule

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NACUA 46th Annual Conference Schedule Powered By Docstoc
					    NACUA                                      Saturday, June 24 1
                                                                                            SIG4. Campus Real Estate and
                                                                                            Development
                                                                                            SIG5. General Counsel

46th Annual                                  24 hours
                                             Cyber Café
                                             sponsored by Pillsbury Winthrop
                                                                                            Greggory Keith Spence, The New School
                                                                                            SIG6. Historically Black Institutions
                                             Shaw Pittman, LLP                              Norma B. Leftwich, Howard University

 Conference                                  8:30 am - 3:45 pm
                                             Committee Meetings
                                                                                            SIG7. Smaller In-House Counsel Offices
                                                                                            David G. Ellis, Lewis & Clark College


   Schedule                                  8:45 am - 3:45 pm
                                             Pre-Conference Workshop for
                                                                                            SIG8. Health Sciences/Academic
                                                                                            Medical Centers
                                                                                            Andrew Newton, Medical College of Georgia
                                             Lawyers New to Higher Education
                                             (see schedule pg 9)                            1:00 pm - 2:30 pm
   KEY CODES                                 1:00 pm – 5:00 pm                              Welcome and Plenary Session
                                                                                            sponsored by Employment Law Alliance
                                             New! Pre-Conference Roundtable
   Tracks                                                                                   Opening Remarks
                                             for New and Recently Appointed
   (BZ)     Business                                                                        Melinda Grier, President, NACUA
                                             In-House General Counsel
   (DC)     Diversity and Civil Rights                                                      General Counsel, University of Oregon
   (GC)     General Counsel                  3:45 pm - 5:00 pm
   (LE)     Labor and Employment                                                            Welcoming Remarks
                                             Pre-Conference Workshop Reception
   (LR)     Litigation                       for Registrants and Speakers                   Program Update
   (PD)     Professional Development                                                        Henry L. Cuthbert
   (RP)     Research/Intellectual                                                           First Vice President, NACUA
            Property                            Sunday, June 25 1                           Senior University Legal Counsel, University
   (SA)     Student Affairs/Athletics                                                       of Wisconsin-Madison
                                             24 hours                                       State of the Association
   Session Types                             Cyber Café                                     Kathleen Curry Santora
   (SDG) Small Discussion Group                                                             CEO, NACUA
   (PNL) Panel Discussion                    8:30 am - 11:30 am
                                                                                            Opening Plenary Address
                                             Board of Directors Meeting                     “The New Supreme Court”
   Session Levels*                                                                          Professor David A. Strauss
                                             8:30 am - 11:30 am
   (ADV) Advanced                                                                           Harry N. Wyatt Professor of Law at the
                                             Pre-Conference Workshop for
   (BAS) Basic                                                                              University of Chicago School of Law
   (ADV/INT) Advanced/Intermediate
                                             Lawyers New to Higher Education
                                                                                            (see description pg 6)
                                             (continued) (see schedule pg 9)
   (BAS/INT) Basic/Intermediate
   *Sessions not labeled are Intermediate    10:00 am - 11:30 am                            2:30 pm – 3:00 pm
                                             WACO Meeting                                   Break sponsored by Employment Law
   Special Interest Groups are                                                              Alliance
   numbered SIG1 – SIG8                      11:30 am - 12:45 pm
                                             Lawyers New to NACUA Luncheon
                                             (Pre-Conference Workshop Registrants
                                             invited) (see description pg 6)

                                             11:45 am - 12:45 pm
                                             Special Interest Groups
                                             SIG1. Museums, Libraries and Collections
                                             Maria Simon, School of the Art Institute of
                                             Chicago

                                             SIG2. Church-related Institutions
                                             Ellen K. Munro, Loyola University of Chicago
                                             SIG3. Community Colleges
                                             Miles LeBlanc, Houston Community
                                             College System




1 2 • NAC UA 4 6 T H A N N UA L C O N F E R E N C E
3:00 pm - 4:15 pm                                  MODERATOR/SPEAKER                              1F. Copyright: Fair Use or Foul? How to
1A. Doing Business Overseas: Issues and            Stephen J. Hirschfeld, Curiale Dellaverson     Make the Call (RP)(BAS/INT)
Guidance on Legal Structures, Tax                  Hirschfeld & Kraemer LLP                       • Overview of ownership and fair use basics
Implications, and Compliance with U.S.             SPEAKERS                                       • Assisting faculty and student compliance
Laws (BZ)                                          Danielle Hess, University of Idaho             • Avoiding infringement
• Types of business conducted overseas:            Karen McAndrew, Dinse, Knapp &                 • Maximizing use of “fair use”
  Acquisition/provision of goods and services;     McAndrew                                         MODERATOR
  Conferences; Publishing; Student and fac-                                                         Cathy Kiselyak Austin, Gardner, Carton
  ulty exchanges; Sponsored research;            1D. Effective Management of the Internal           & Douglas
  Foreign campuses                               Dispute Resolution Process (LR)(PNL)               SPEAKERS
• Legal structures:                              • University counsel’s role in guiding the         Jack Bernard, The University of Michigan
  Separate entity or contractual relationship;     process and advising decision makers while
  Entity selection; Tax issues                                                                      Darren S. Cahr, Gardner, Carton & Douglas
                                                   maintaining the attorney-client privilege
• Contracting in Foreign Jurisdictions
                                                 • Working with incomplete, conflicting, or       1G. Forum: Student Affairs Law
  MODERATOR                                        nonsensical written procedures
  Peter F. May, The School for International                                                        LEADER
                                                 • Managing overlapping dispute resolution
  Training (World Learning Inc.)                                                                    E. Lee Davis, Georgia Southern University
                                                   procedures, simultaneous internal or out-
  SPEAKERS                                         side investigations and litigation
  Amy Davine Kim, Patton Boggs                                                                    4:30 pm – 5:30 pm
                                                 • Handling involvement by outside interest
  Caroline O’Neill, The George Washington          groups
                                                                                                  Honors and Awards Ceremony
  University                                                                                      (see description p. 27)
                                                   MODERATOR
  Claire H. Topp, Dorsey & Whitney, LLP
                                                   Tracy M. Smith, University of Minnesota        6:00 pm – 7:30 pm
1B. Are You Looking At Me? Building A              SPEAKERS                                       Opening Reception
Functional and Effective Relationship with         Ellen M. Babbitt, Babbitt & Melton             sponsored by Sidley Austin Brown & Wood
Your Board, Making The Corporate                   Susan L. Wheeler, James Madison                (see description p. 27)
                                                   University
Record and Guiding Presidents and
Boards in Challenging Times (GC)(PNL)
• Board’s relationship with the General          1E. Discussion Group: Challenging
  Counsel and the importance of the corpo-       Colleagues and Clients (PD)(SDG)
  rate record                                    • The “lawyer-averse”
• Essential legal guidance for board               administrator who
  orientations                                     refuses to involve
• Best practices in maintaining the corporate      counsel until things
  record, including bylaws, minutes, and           go wrong
  other corporate documents                      • The lawyer on the
• How to guide critical legal or procedural        board of trustees
  matters during board and committee               who second-guesses
  meetings                                         counsel’s analysis
  MODERATOR                                        and advice
  Kathleen A. Rinehart, Whyte Hirschboeck        • The “shadow lawyer”
  Dudek, S.C                                       who usurps university
  SPEAKERS                                         counsel’s role as legal
  Pamela J. Bernard, University of Florida         advisor to the campus
  Barbara A. Lee, Rutgers, The State               and spreads misinfor-
  University of New Jersey                         mation
                                                 • The administrator who
1C. Sexual, Religious, Racial and Other            obtains but then
Harassment (DC)(LE)                                ignores your advice
• Legal Update: An overview of the latest        • Clients who don’t believe in confidentiality
  cases addressing the definition of hostile       LEADERS
  environment; implications of the First           Dennis H. Blumer, The George Washington
  Amendment; and the difference between            University
  inappropriate and unlawful behavior              Nancy S. Footer, University of North Texas
• Latest Prevention Techniques: The newest         System
  campus policies and procedures                   Benjamin E. Rawlins, Oregon University
• Responding to Complaints and Conflicts:          System
  Proper investigation techniques; anony-
  mous complaints; standard of proof; the
  role of counsel



                                                                                         NAC UA 4 6 T H A N N UA L C O N F E R E N C E • 1 3
                                               2B. Government Relations: Expanding
  Monday, June 26 1                            Your Capabilities Through More Arrows
                                               in Your Quiver (GC)(BAS)(PNL)
24 hours                                       • Using national associations to foresee
                                                 changes to, or opportunities to change,
Cyber Café
                                                 regulations and laws
                                               • Working with associations and their
7:00 am - 9:00 am
                                                 Government Affairs offices to draft desired
Rise and Shine Networking Breakfast              regulatory and statutory changes
(see description p. 27)
                                               • Coordinating with the associations and
                                                 Government Affairs offices in commenting
8:00 am - 9:00 am                                on proposed regulatory and statutory changes
SPECIAL! Emerging Trends in                    • Working with Government Affairs offices to
Higher Education Law and Practice:               advocate University positions at the federal
A Conversation with Bill Kaplin and              and state levels
Barbara Lee                                      MODERATOR
(see description p. 6)                           Jose D. Padilla, DePaul University
                                                                                                    2E. What to Say When “No Comment”
                                                 SPEAKERS                                           Won’t Do: Media Skills for Lawyers (PD)
9:15 am -10:45 am                                Dorothy K. Robinson, Yale University               • Helping your client work with the media
Individual NACUANET and NACUA                    Peter Rouse, Chief of Staff, Office of               and breaking news - and how your client
Web Page Orientation Sessions                    Senator Barak Obama                                  can best utilize legal counsel
(please sign up at the Registration Desk)        Michael Waring, Executive Director of              • How to effectively interact with the press
(see description pg 7)                           Federal Relations, The University of                 as legal counsel
                                                 Michigan - Ann Arbor                               • Crisis management/coordination
9:15 am -10:45 am
                                                                                                    • Impact of sunshine laws
2A. Troubleshooting a Troubled Project:        2C. FMLA and ADA/Workers’ Compensation:              • Working with various media, including print,
Navigating Your Way Through Design             We Know the Law, So How Do We Apply It?                broadcast and emerging media (e.g., blogs)
and Construction Contracts (BZ)(ADV)           (DC)(LE)(ADV)(PNL)                                   • Perspectives from members of the press
• Pre-Contract – Putting together the          • Overview of the FMLA and ADA and
                                                                                                      MODERATOR
  Project Team                                   new legal developments
                                               • Recent cases and issues relating to                  Jack C. Doppelt, Professor, Medill School
  Evaluating project delivery systems; Pre-
                                                 retaliation claims and accommodations                of Journalism, Northwestern University
  qualifying contractors and design profes-
  sionals; Developing the scope of work and    • Institutional policies and common mistakes           SPEAKERS
  RFP; Preconstruction services                • Case studies                                         Goldie Blumenstyk, Senior Writer, The
• Contract Administration                        MODERATOR                                            Chronicle of Higher Education
  Documenting progress and issues;               Jacqueline Conforti Barnett, Pennsylvania            Elsa Kircher Cole, National Collegiate
  Communication; Scheduling; Applications        State System of Higher Education                     Athletic Association
  for payment and withholding payment;                                                                Christine Martin, Vice President for
                                                 SPEAKERS
  Project administration; Ownership of docu-     Elizabeth C. Bunting, University of North            Institutional Advancement, West Virginia
  ments; Indemnification; Confidentiality        Carolina                                             University
• Disputes                                       Darrell R. VanDeusen, Kollman & Saucier
  Scheduling delay and loss of productivity                                                         2F. Discussion Group: Animal Subject
  claims; Differing site conditions; Design    2D. Preparing for E-Discovery: Don’t let             Research—Special Considerations for
  defects/omissions; Mechanic’s liens;         your U be Zubu 2! (LR)(ADV)                          Maintaining Security and Dealing with
  Material deliveries/cost increases;          • The institution’s obligation to preserve, review   Activists (RP)(SDG)
  Liquidated and consequential damages           and produce electronic data and documents          • Assessing security for campus facilities
• Termination and Suspension                   • Litigation holds - who, what, when, why and          and researchers
  MODERATOR                                      how, including sample forms and checklists         • Taking the high ground with PR efforts
  Jenee M. Straub, Wildman, Harrold, Allen     • Litigation holds - “in theory” versus “in prac-    • Re-starting the research enterprise after
  & Dixon                                        tice” (finding the balance between keeping           an attack
                                                 both the judge and your clients placated)          • Potential impact of growing animal
  SPEAKERS
                                               • Coordinating the roles of counsel, adminis-          law movement
  Shannon J. Briglia, Moore & Lee, LLC
                                                 tration, staff, and IT                             • Responding to open records/open
  Gregory R. Faulkner, Brown Raysman
                                               • Sanctions for non-compliance                         meeting requests
  Millstein Felder & Steiner LLP
                                                 MODERATOR                                            LEADERS
                                                 Alan Garfinkel, University of Pittsburgh             Richard W. Bianco, Office of Vice President
                                                 SPEAKERS                                             of Research, University of Minnesota
                                                 Douglas F. Seaver, Hinckley, Allen & Snyder          Grainne Martin, University of Iowa
                                                 Susan Westover, California State University



1 4 • NAC UA 4 6 T H A N N UA L C O N F E R E N C E
2G. International Students & Scholars,               3B. ABCs of Training for Department                   3E. Political Labels and Supreme Court
Big Brother, and You: Coping in the Post             Chairs and Deans (GC)(PNL)                            Justices (PD)(BAS)(PNL)
9/11/2001 Era (SA)                                   • What do Department Chairs and Deans                 • What does it really mean to refer to the
• International students and Social Security           need to know about the law?                           judicial philosophy of a Justice as “conser-
  Numbers                                            • Teaching the basics of hiring, firing,                vative,” “liberal,” “moderate” or “activist”?
• International students and scholars and              promotion, harassment, discrimination and           • Are these labels useful at all in understand-
  drivers’ licenses                                    compliance                                            ing the jurisprudence of the Court?
• SEVIS reporting and responses to queries           • How to develop and implement a training             • How has the meaning of those terms
  from Immigration & Customs Enforcement               program for senior academic administrators            evolved over time?
• Arrests and detentions of international students                                                         • Are there better terms for helping us understand
                                                       MODERATOR
• Traveling as a foreign national: Students and                                                              how Justices view their role on the Court?
                                                       Ann H. Franke, WiseResults, LLC
  scholars traveling in and re-entering the U.S.                                                           • What are the most accurate descriptions of
                                                       SPEAKERS                                              the judicial philosophies of the current
• Processing for visas at U.S.
  consulates/embassies – background checks,            Steven Poskanzer, President, SUNY College             Justices of the court as evidenced by their
  visa violations, and issues revolving around         at New Paltz                                          opinions and other writings?
  specific consulates                                  Nancy E. Tribbensee, Arizona State                  • How do these distinct philosophies—if they
                                                       University                                            really are distinct philosophies—affect the way
  MODERATOR/SPEAKER
  Benjamin M. Griffiths, University                                                                          the Justices are likely to decide the cases that
                                                     3C. Current Issues in Age                               are of most importance to higher education?
  of Wisconsin-Madison
                                                     Discrimination Law (LE)                                 SPEAKER
  SPEAKERS                                           • Disparate impact claims under the ADEA
  Ellen Dussourd, Director of the                                                                            Professor David A. Strauss, Harry N. Wyatt
                                                     • Early retirement incentives and RIF’s:
  International Student and Scholar Office,                                                                  Professor of Law, University of Chicago
                                                       Do we need to change course?
  University at Buffalo                                                                                      School of Law
                                                     • Getting the release language right, or, if
  Mark P. Popiel, Director of Immigration              IBM can’t, how can we?
  Services, University at Buffalo                                                                          3F. Discussion Group: Students with
                                                     • Recent developments and best practices
                                                                                                           Criminal Backgrounds (SA)(SDG)
                                                       MODERATOR                                           • Background checks in the admissions process
2H. Forum: Intercollegiate Athletics and               Beverly E. Ledbetter, Brown University
Sports Law                                                                                                 • Discovery of criminal background after
                                                       SPEAKERS                                              admission
  LEADER
                                                       Jill L. Rosenberg, Orrick, Herrington & Sutcliffe   • What to do with the information after you
  Kenneth Andre McKanders, Eastern                     Gerald D. Skoning, Seyfarth Shaw                      have it
  Michigan University                                                                                      • Professional programs and internships
                                                     3D. Discussion Group: You Want ME to                  • Accreditation issues
10:45 am – 11:15 am                                                                                        • Student life and housing issues
                                                     Testify? University Counsel on the “Hot-
Break                                                Seat” (LR)(SDG)                                         LEADERS
sponsored by TIAA-CREF                               • Whether university counsel should always              Steve Milam, The Milam Firm
                                                       avoid becoming a witness                              Robin L. Parker, Miami University
11:15 am - 12:45 pm                                  • How to avoid becoming a witness                       John J. Reilly, Case Western Reserve
3A. Problem Gifts and Prudent                        • How to be an effective witness                        University
Investments (BZ)(ADV)                                • The consequences of testifying
• Fiduciary duties and accountability:               • How to protect your communications as               3G. Forum: Research and Technology
  Levels and management of risk; Securities laws;      privileged
  UMIFA; Are taxable investments prudent?                                                                  Transfer Law
                                                     • Why and when you might waive the privilege
• Problem gifts: Control over investment;            • Can you limit the scope of your waiver?               LEADERS
  Restrictions and conditions; Unwinding a gift      • Can you testify and still participate as              Jill Bush Raines, University of Oklahoma
• Investment: Commingling CRT funds with               counsel for the University?                           Health Sciences Center
  endowment funds; Variety of investment                                                                     Robert E. Bienstock, University of New Mexico
                                                       LEADERS
  vehicles; Investment policy language; UBIT
                                                       Pamela J. Bernard, University of Florida
  considerations; Performance-based com-                                                                   3H. Navigating NACUANET and the
                                                       Stephen S. Dunham, Johns Hopkins University
  pensation of investment managers                                                                         NACUA Web Page (PD)
                                                       John M. Myers, Montgomery, McCracken,
  MODERATOR
                                                                                                             John R. Bishop, Director of Information
                                                       Walker & Rhoads
  Sally S. Harwood, Michigan State University                                                                Services, NACUA
                                                                                                             Karl F. Brevitz, Director of Legal Resources,
  SPEAKERS
                                                                                                             NACUA
  Gordon L. Beeman, The University of Michigan
                                                                                                             Loretta Johnson, Coordinator of Legal
  Quin R. Frazer, Gardner Carton & Douglas LLP
                                                                                                             Reference and Information Services, NACUA
  A.L. (Lorry) Spitzer, Ropes & Gray
                                                                                                             Melissa Rooker, Assistant Director of Legal
                                                                                                             Resources, NACUA

                                                                                                           Free Afternoon and Evening


                                                                                                 NAC UA 4 6 T H A N N UA L C O N F E R E N C E • 1 5
                                                   4C. Snooping, Spying and Surveillance of           MODERATOR
  Tuesday, June 27 1                               Employees (LE)(BAS)                                Christine Hughes, Emerson College
                                                   • Campus security vs. employee privacy rights      SPEAKERS
                                                   • What you can do, must do and can’t do            Arthur L. Coleman, Holland & Knight
24 hours                                           • From basic office searches to advanced           Steven Glenn Olswang, University of
Cyber Café                                           technology                                       Washington
                                                   • Troubling new technology                         Erica Sanders, Associate Director, Office of
8:00 am - 9:00 am
                                                     MODERATOR                                        Undergraduate Admissions, University of
Program Breakfast                                    Beth Tyner Jones, Womble, Carlyle                Michigan – Ann Arbor
(see description p. X)
                                                     SPEAKERS
                                                     Joseph W. Ambash, Seyfarth Shaw                4F. Scary Times for Federal Research:
9:15 am - 10:30 am
                                                     Simao J. Avila, University of California       Grants Compliance Investigations,
4A. Key Issues in Tax Law: Federal, State
                                                                                                    Enforcement and Reform Measures
and Local (BZ)
                                                   4D. Blowing Whistles in the Wind: What           (RP)(PNL)
• Proposed tax-exempt organizations reforms
                                                   You Don’t Know About the False Claims            • Federal “hot button” areas of concerns
  and legislation
                                                   Act Can Hurt You (LR)                            • Recent settlements/audits and enforcement
• Current audit issues
                                                   • Preventing mistakes from turning into            actions
• Charitable giving
                                                     FCA actions                                    • Roles of federal entities involved in investi-
• Unrelated business income tax
                                                   • Preventing disgruntled employees from            gation and enforcement efforts
• Compensation and benefits
                                                     turning into whistleblowers                    • Guidance to university counsel on how to
• Tax-exempt bond issues
                                                   • Preventing civil enforcement actions from        prevent investigations and steps to take if
• Joint ventures
                                                     turning into criminal enforcement actions        an investigation is initiated
  MODERATOR
                                                   • Preventing Qui Tam actions                       MODERATOR/SPEAKER
  Joseph Irvine, The Ohio State University         • A survey of state law whistleblowing and         Ann K. Adams, The George Washington
  SPEAKERS                                           Qui Tam type actions                             University
  Bertrand M. Harding, Law Offices of              • Recent federal cases, including: United          SPEAKERS
  Bertrand M. Harding, Jr.                           States of America ex rel. Jeffrey E. Main v.     Stephanie M. Graham, Northwestern
  Sean P. Scally, Vanderbilt University              Oakland City University                          University
                                                     MODERATOR                                        Robert J. Kenney, Hogan & Hartson
4B. Legal Technology Tips, Tricks, Gadgets           Pierce E. Buller, University of Pennsylvania
and Cool Stuff (GC)
                                                     SPEAKERS                                       4G. Suicide and Self-Harm: Legal Trends
• Software that adds functionality to pro-
                                                     Susan L. Burke, Burke Pyle LLC                 and Risk Management (SA)(PNL)
  grams you’re already using
                                                     Michael B. Goldstein, Dow, Lohnes              • Recent developments
• Tools for a paperless or paper-reduced office
                                                     & Albertson                                    • Disability, counseling center and student
• Tools for protecting yourself against hackers,
                                                     Michael P. Granston, Assistant Director,         housing issues
  viruses and spyware
                                                     Commercial Litigation Branch, U.S.             • Privacy & confidentiality
• Encryption tools for your computer, email
                                                     Department of Justice                          • Hospitalizations
  and passwords
                                                                                                    • Withdrawal
• Great web sites you’ve probably never
                                                   4E. Implementing Diversity Best Practices in     • Parental/family notification
  heard of
                                                   Admissions, Student Life and Employment:         • Post-suicide protocols
• Tips for getting the best deals on legal
  technology                                       The Devil is in the Details (DC)(PD)(PNL)          MODERATOR

• Where to get technical advice for free or        • “Best practices” for implementing the prin-      Jean E. Barrett, Georgia State University
  very little money                                  ciples of the Michigan cases in recruiting       SPEAKERS
• Gadgets you didn’t realize you needed              and retaining students and employees             Linda J. Schutjer, The George Washington
  (until now)                                      • How are schools determining their “critical      University
                                                     mass”?                                           Nancy E. Tribbensee, Arizona State
  SPEAKER
                                                   • What changes have been made to admis-            University
  Barron K. Henley, President, Henley March          sions staffing and processes?
  & Unger Consulting, Inc.                         • How are schools coordinating the other
                                                     aspects of diversity?
                                                   • Bridge programs, targeted financial aid and
                                                     admission to selective majors
                                                   • What legal techniques can you use to hire
                                                     and retain a diverse workforce?




1 6 • NAC UA 4 6 T H A N N UA L C O N F E R E N C E
10:30 am - 11:00 am                              5D. Baby Boomers, Gen Xers or Baby
Break                                            Busters: How to Effectively Communicate
sponsored by Employment Law Alliance             Among the Generations (PD)(PNL)
                                                 • How does each group understand and
11:00 am - 12:15 pm                                respond to the same message?
5A. Discussion Group: Commercialization          • How do the different groups view the role
of Campus (BZ)(SDG)                                of managers and employer/employee loyalty?
• Institutional policies and controls            • What motivates each age group (more time
                                                   or more money)?
• Commercialization by affiliated entities
                                                 • How do we handle conflict resolution
• Competition with private business
                                                   among different age groups?
• Exit strategies
                                                 • Ideas for recruiting and retaining employees
  LEADERS                                          in a cross-generational manner
  Robert J. Haverkamp, The Ohio State
                                                   MODERATOR
  University
                                                   Kaye L. Koonce, Trident Technical College
  Ada Meloy, New York University
                                                   SPEAKERS

5B. Adjunct and Part-Time Faculty—Is               Thomas A. Butcher, Grand Valley State
Keeping Up with Them a Full-Time Job? (LE)         University
• Defining “part-time”                             Imogene Cathey, University of Florida
• Employee or independent contractor?              Nana Nakano, California State University
                                                                                                  5G. Forum: Governance and Corporate
• Re-appointment rights? Can it be quasi                                                          Compliance
  tenure?                                        5E. Research Involving Human
                                                 Embryonic Stem Cells (RP)(PNL)                     LEADER
• Hiring practices
                                                 • Federal funding and facilities and equip-        D. William Moreau, Jr., Barnes & Thornburg, LLP
• Union organization and representation –
                                                   ment use issues
  bargaining units, negotiation issues                                                            12:30 pm - 1:45 pm
                                                 • Legislative update
• Employee benefits                                                                               Networking Luncheon
                                                 • Consent issues and donor screening/tracking
• Applicability of university policies
                                                 • Establishing ESCROs and other oversight
  MODERATOR                                        mechanisms and policies                        12:30 pm - 1:45 pm
  Carol L.J. Hustoles, Western Michigan          • Intellectual property issues and MTAs          Affinity Group Luncheons
  University                                     • Ethics issues
  SPEAKERS
                                                                                                  12:30 pm - 1:45 pm
                                                   MODERATOR
  Edward A. Brill, Proskauer Rose                  Alexander E. Dreier, Hogan & Hartson           2007 Program Committee Meeting
  Terrance J. Nolan, New York University           SPEAKERS                                       2:00 pm - 3:15 pm
  Greggory Keith Spence, The New School            Carl Gulbrandsen, Managing Director,
  University                                                                                      Individual NACUANET and NACUA
                                                   Wisconsin Alumni Research Foundation
                                                   Jonathan D. Moreno, Professor, Center for
                                                                                                  Web Page Orientation Sessions
5C. Establishing an Effective Compliance                                                          (please sign up at the Registration Desk)
                                                   Biomedical Ethics, University of Virginia
                                                                                                  (see description pg 7)
Program: Compliance Hotlines and the               Greta Schnetzler, University of California
Role of the Office of General Counsel (LR)         – San Francisco
                                                                                                  2:00 pm - 3:15 pm
• Oversight, governance, “Compliance
                                                                                                  6A. Advanced Contracts Administration
  Committees” and leadership                     5F. You Can’t Tell the Players Without
                                                                                                  (BZ)(ADV)(PNL)
• Assessing risk and your “compliance culture”   a Scorecard: A Primer on the NCAA
                                                                                                  • Contracting policies and procedures
• Codes of conduct                               and NAIA (SA)(BAS)                               • Issues regarding delegation of contracting
• Communication among offices                    • History
                                                                                                    authority
• Education/promotion of responsible conduct     • Governance and guiding principles
                                                                                                  • Apparent authority
• "Hot lines” and help lines                     • Student-athlete eligibility
                                                                                                  • Use of web sites
• Background checks or other pre-employ-         • Grants-in-aid and other financial support
                                                                                                  • Best practices, contracts manuals, clause
  ment screening                                 • Academic standards
                                                                                                    banks, checklists, and form or model contracts
• Monitoring and trending                        • Recruiting
                                                                                                  • Review and approval processes
• Reporting corrective action                    • Extra benefits
                                                                                                  • Innovative contract provisions
                                                 • Investigations and appeals
  MODERATOR                                                                                       • What’s different about “big” contracts?
                                                 • New developments and future directions
  Thomas J. Schumacher, University of                                                               MODERATOR
                                                   MODERATOR
  Minnesota                                                                                         Christine Bates, The University of Akron
                                                   Meg Reeves, Oregon State University
  SPEAKERS                                                                                          SPEAKERS
                                                   SPEAKERS
  Peter J. Harrington, Harvard Medical School                                                       Jason B. Rogers, Belmont University
  Christopher W. Holmes, Baylor University         Steven J. Adamczyk, University of Arizona        Margareth Schubert, Loyola University
                                                   Jim Carr, Chief Operating Officer, National      of Chicago
                                                   Association of Intercollegiate Athletics         Matthew Walton, Arizona State University



                                                                                         NAC UA 4 6 T H A N N UA L C O N F E R E N C E • 1 7
                                                                                                     6F. Learning Disabilities Under the ADA:
                                                                                                     Substantially Limited When Compared to
                                                                                                     Whom? (DC)(SA)(ADV)
                                                                                                     • The evolution of learning disabilities law
                                                                                                     • Betts vs. University of Virginia and its lessons
                                                                                                     • Providing and maintaining student disability
                                                                                                       services
                                                                                                       MODERATOR/SPEAKER
                                                                                                       Jeanne M. Kincaid, Drummond, Woodsum
                                                                                                       & MacMahon
                                                                                                       SPEAKERS
                                                                                                       Richard C. Kast, University of Virginia
                                                                                                       Henry Morris, Arent Fox
                                                                                                       Anne M. Reber, Director of Disability
                                                                                                       Services, Texas A&M University - College
                                                                                                       Station

                                                                                                     6G. Forum: Higher Education
                                                                                                     Employment Law
                                                                                                       LEADER
6B. General Counsel Annual Reports:                 6D. Hot Topics in Ethics (PD)                      Jaffe D. Dickerson, Littler Mendelson, P.C.
So What Have You Done For Me Today?                 • The changing role of the lawyer – advocate,
And What Can You Do Tomorrow?                         counselor, regulator, cop, whistleblower,      6H. Digital Document Management,
(GC)(ADV)(PNL)                                        conscience                                     Scanning and Harnessing the Power of
• Objectives of your annual report: what your       • Litigation misconduct – discovery abuse,       Adobe Acrobat (PD)
  President/Board wants to know and what              document retention and destruction, frivo-     • Learn how to efficiently store, find, retrieve
  you need them to know                               lous claims and defenses, sanctions              and manage all of your electronic docu-
• Successful formats and techniques for             • Civil and criminal investigations – internal     ments and files
  written and in-person annual reports; issues        procedures and external threats                • Never search for a file again, and find the
  of attorney-client privilege                      • Privilege and confidentiality – unique           information you need instantly
• Benchmarking for the General Counsel’s office       challenges in the college/university           • Find any word processor document you’ve
• Benefits of annual reports                          environment                                      ever drafted
• Involving the President and other adminis-          MODERATOR                                      • Comparison of main document manage-
  trators in the preparation or presentation of       Beth A. Harris, University of Chicago            ment programs and approaches
  the annual report                                                                                  • What you need, what it costs, where to get
                                                      SPEAKERS
  MODERATOR                                           John N. Gallo, Sidley Austin Brown & Wood        it, and how to use it
  Frank Roth, Lehigh University                       Donald M. Lewis, Halleland Lewis Nilan         • What you can do with Adobe Acrobat
  SPEAKERS                                            & Johnson                                        including:
  James J. Mingle, Cornell University                 Professor Carolyn Shapiro, Chicago Kent          - Creating PDFs from an electronic file, a
  Paul J. Ward, Arizona State University              College of Law                                     web page or a scanner
                                                                                                       - Using PDFs as the document format when
                                                    6E. From Bio to Nano: Patents and the                negotiating an instrument with opposing
6C. Litigation Year In Review: News from
                                                    New Technologies (RP)                                counsel
the Front Lines – And the Audience (LR)
                                                    • Patent law reform                                - How to email PDFs to others for review
• What happened in last year’s college and
                                                    • Recent patent cases relevant to universities       and comment
  university litigation “ground war”?                                                                  - Legal-specific document annotation tools
• How often did higher education institutions         MODERATOR
                                                                                                         that come with Acrobat 7
  win or lose in court?                               Beth Lynn Maxwell, University of Texas
                                                                                                       - PDF security
• How much did they end up paying?                    System
                                                                                                       SPEAKER
• How long does it take to get to summary             SPEAKERS
  judgment, trial, or the settlement table?                                                            Barron K. Henley, President, Henley March
                                                      Ross S. Garsson, Winstead Sechrest &
• What should we be worrying about for next year?                                                      & Unger Consulting, Inc.
                                                      Minick P.C.
  MODERATOR                                           Denise M. Kettelberger, Merchant & Gould
                                                                                                     3:15 pm – 3:45 pm
  Kenneth L. Davidson, Northern Illinois
                                                                                                     Ice Cream Break
  University
                                                                                                     sponsored by Gardner, Carton & Douglas
  SPEAKERS
  Robb Jones, United Educators Insurance
  Bruce W. Melton, Babbitt & Melton



1 8 • NAC UA 4 6 T H A N N UA L C O N F E R E N C E
3:45 pm - 5:00 pm                                    7C. In a Nutshell: Basic Immigration                7F. Research Misconduct Cases: New PHS
7A. Follow the Money: Anti-Terrorism                 Questions Counsel May Face in the                   Regulations and Comparison of Different
Laws on Campus (BZ)(BAS)                             Hiring Process (LE)(BAS)                            Agency Approaches (RP)
• Anti-money laundering provisions related to        • Hiring for tenure-track (and other) positions     • Research misconduct processes and
  student and other campus accounts and                - what can I ask and when can I ask it?             procedures
  stored value cards                                 • Knowing Your ABC’s (and F, J, O...)               • The new research misconduct rules
• Applicability of the Bank Secrecy Act (BSA)        • So you’ve hired someone, when can they            • Recent cases of note
  to university credit unions and other activities     begin work?
                                                                                                           MODERATOR
• Sanctions and Countries: what universities         • Pitfalls of purposes of the I-9
                                                                                                           David L. Harrison, University of North
  should know about OFAC                             • Tenure and visa status
                                                                                                           Carolina
• Specially Designated Nationals and                 • Recent developments in labor certifications
  Blocked Persons (SDNs)                                                                                   SPEAKERS
                                                       MODERATOR
• Deemed exports: what universities should                                                                 Susan L. Carney, Yale University
                                                       Randall J. Ney, University of Iowa
  know                                                                                                     Christian Mahler, Acting Legal Counsel,
                                                       SPEAKERS                                            U.S. Department of Health and Human
• Granting agencies’ and foundations’
                                                       Russell C. Ford, Strickland Brockington             Services
  certification requirements
• Reports to federal agencies: SARs and CTRs           Lewis LLP
• National security letters                            Helen Konrad, McCandlish Holton                   7G. Privacy, from FERPA to Facebook (SA)
  MODERATOR                                                                                              • Privacy Implications of Blogs, Facebook,
                                                     7D. Behind Enemy Lines: Plaintiffs’                   and other Next New Thingamabobs
  Jamie Lewis Keith, Massachusetts Institute
                                                     Lawyers Teach Us How to Avoid Land                  • Security of education records stored in uni-
  of Technology
                                                     Mines (LR)(INT/ADV)(PNL)                              versity and personal computers
  SPEAKERS                                           • Common mistakes made by institutional             • Student disciplinary records and transcripts
  Mary Elizabeth Peters, Hogan & Hartson               defendants                                        • Outsourcing traditional registrar functions
  Abbey V. Richards, The George Washington           • Special pitfalls for in-house counsel             • Recent FPCO advice on FERPA, privacy,
  University                                         • How outside counsel can make a situation            and technology
                                                       worse
                                                                                                           MODERATOR
7B. A Case Study of Intercultural                    • What makes plaintiffs tick?
Institutional Conflict: Working with Your                                                                  Margaret O’Donnell, The Catholic
                                                     • How fee and cost considerations affect
Board and President in a Time of                                                                           University of America
                                                       the litigation process
Institutional Crisis: Are We Having Fun              • Top ten lessons to learn from behind                SPEAKERS
Yet? (DC)(GC)(ADV)(PNL)                                enemy lines                                         Phyllis Karasov, Moore, Costello & Hart
• Wish you hadn’t _____ (You fill in the                                                                   Steven J. McDonald, Rhode Island School
                                                       MODERATOR
  blank)!                                                                                                  of Design
                                                       Vernon L. Francis, Dechert, Price & Rhoads
• When and why you need to involve your
                                                       SPEAKERS                                          7H. Forum: Politics and Religion
  public relations department
                                                       Joseph Golden, Sommers Schwartz, P.C.             on Campus
• Getting buy-in from the board
                                                       Patricia V. Pierce, Willig, Williams & Davidson
• Making it to the other side and keeping the                                                              LEADER
  “day” job, including yours!                                                                              Laurence Pendleton, Colorado State
                                                     7E. Discussion Group: Controlled Chaos:
  MODERATOR                                                                                                University
                                                     Best Practices in Law Office Management
  Kathleen Curry Santora, NACUA
                                                     (PD)(SDG)
  SPEAKERS
                                                                                                         7I. Blueprint for a Mobile Law Office (PD)
                                                     • Overview of best practices in law office
  Patricia B. Bartscher, San Francisco State                                                             • The hardware you need including:
                                                       management
                                                                                                           Standard laptop v tablet PC; Differences
  University                                         • David v. Goliath: different strokes for
                                                                                                           between Intel’s alphabet soup of laptop
  Richard D. Legon, President, Association             different folks                                     processors; Notebook locks and encryption
  of Governing Boards of Universities and            • Matter, document, task and knowledge                tools; Cell phones and PDAs (handheld
  Colleges                                             management                                          computers); Headsets and headphones;
  Elizabeth (Libby) J. Keefer, Columbia              • Technology and business processes                   Portable printers; USB flash drives; Portable
  University                                         • Who’s working on what? Communication                scanners; Portable wireless routers; Remote
                                                       within the law office                               access options for reaching your office; Full
                                                     • Personnel practices                                 explanation of wireless, wi-fi and Bluetooth
                                                       LEADERS                                             technologies.
                                                       Lynette Kosky, Business Administrator               SPEAKER
                                                       Senior, University of Michigan – Ann Arbor          Barron K. Henley, President, Henley March
                                                       Craig Parker, The Catholic University of            & Unger Consulting, Inc.
                                                       America
                                                       Larry C. Smith, Section Director, American
                                                       Bar Association
                                                       Karen J. Stone, University of North Florida



                                                                                               NAC UA 4 6 T H A N N UA L C O N F E R E N C E • 1 9
                                                  8C. Two New Worries for Campus                  8E. Special Subject Populations: Human
  Wednesday, June 28 1                            Risk Managers (LR)(INT/ADV)                     Subject Research with Children,
                                                  Managing the Digital Campus                     Prisoners, Pregnant Women and the
24 hours                                          • Responding to government/ law enforce-        Decisionally Impaired (RP)(ADV)
Cyber Café                                          ment inquiries, requests and subpoenas        • Overview of regulatory requirements for
(until 12:00 Noon)                                • Dealing with possible illegal activity on       research involving vulnerable subjects
                                                    your campus network                           • Recent OHRP compliance actions and
7:45 am - 8:30 am                                 • Handling computer security breaches             guidances for special subject populations
                                                                                                  • Developing IRB policies and best practices
Continental Breakfast                             Disaster Planning: Fail to Plan, Plan to Fail
                                                                                                    for research
                                                  • “It can’t happen here” –Lessons learned
                                                                                                  • An overview of state laws
8:30 am - 10:00 am                                  from recent disasters
8A. The “SOX” Are Coming: Sarbanes-               • Effective disaster management practices         MODERATOR

Oxley-Style Accountability Measures (GC)          • Recognizing the human impact of a disaster      Alexander E. Dreier, Hogan & Hartson
• Federal and state efforts to adopt Sarbanes-      MODERATOR                                       SPEAKERS
  Oxley-like good governance and accounta-          Jaffe D. Dickerson, Littler Mendelson PC        Kristina Borror, Director, Division of
  bility regulations for non-profits (including                                                     Compliance Oversight, U.S. Department
                                                    SPEAKERS
  colleges and universities)                                                                        of Health and Human Services
                                                    Mark DiVincenzo, Massachusetts Institute
• Regulatory, investigative, and litigation         of Technology                                   Theresa J. Colecchia, University of
  challenges                                        Kim Winston Nimmo, Senior Risk Services         Pittsburgh
• Proactive efforts and best practices for          Consultant, United Educators Insurance
  colleges and universities                                                                       8F. Women in Athletics: Title IX Update,
  MODERATOR                                       8D. Five Mistakes You’re About To Make:         Non-traditional Sports, Employment and
  Jonathan R. Alger, Rutgers, The State           Ethical Issues in Criminal Investigations       Other Issues (DC)(SA)
  University of New Jersey                        (PD)(ADV)                                       • Update of Title IX as it applies to athletics
                                                  • When do university employees need sepa-         with emphasis on recent Dept of Education
  SPEAKERS
                                                    rate representation?                            Policy Clarification and NCAA response
  Todd L.C. Klipp, Boston University
                                                  • “Corporate” Miranda warnings—who can          • Participation by women in traditionally
  Dorothy K. Robinson, Yale University
                                                    you represent?                                  male sports (e.g., wrestling and football)
                                                  • Joint defense agreements—how do you           • Issues unique to women in a male-domi-
8B. Discussion Group: When the Union
                                                    share privileged info/work product with         nated culture
Comes Knocking: Managing a Union
                                                    other defendants?                             • Hiring and searching for female directors of
Organizing Campaign Under the NLRA
                                                  • When do you pay for defense and indemni-        athletics
(LE)(ADV)(SDG)
                                                    fication of an employee? When do you stop?    • Women as legal advisors to the athletic
• Implementation and enforcement of no
                                                  • What if the prosecutor wants your client to     department
  solicitation and campus access rules
                                                    “cooperate” by waiving privilege?             • Equitable treatment of female and male stu-
• Understanding “appropriate units” and
                                                  • What is obstruction of justice? How do you      dent-athletes
  strategic considerations in defining them
• Implementing an effective campaign theme          avoid it?                                       MODERATOR

  and strategy                                      MODERATOR
                                                                                                    Robin Green Harris, Ice Miller LLP
• Resources available to assist the institution     Patricia T. Bergeson, Rosalind Franklin         SPEAKERS
  in a campaign                                     University of Medicine and Science              Neena Chaudhry, Staff Counsel, National
• Dealing with the newly affirmed federal           SPEAKERS
                                                                                                    Women’s Law Center
  employer reporting requirements under the         Dan R. Dubitzky, Dubitzky & Zarky               Mark Murphy, Director of University
  LMRDA                                             Dean J. Polales, Ungaretti & Harris             Athletics, Northwestern University
  LEADERS                                           Joseph F. Savage, Goodwin Procter LLP           Julie D. Vannatta, The Ohio State University
  Stephen Brodsky, Pace University                  Cyrus Vance, Morvillo Abramowitz Grand
  John Gaal, Bond, Schoeneck & King                 Iason & Silberberg, PC                        8G. Navigating NACUANET and the
  Terrance J. Nolan, New York University                                                          NACUA Web Page
                                                                                                  John R. Bishop, Director of Information
                                                                                                  Services, NACUA
                                                                                                  Karl F. Brevitz, Director of Legal Resources,
                                                                                                  NACUA
                                                                                                  Loretta Johnson, Coordinator of Legal
                                                                                                  Reference and Information Services, NACUA
                                                                                                  Melissa Rooker, Assistant Director of Legal
                                                                                                  Resources, NACUA




2 0 • NAC UA 4 6 T H A N N UA L C O N F E R E N C E
10:00 am – 10:30 am                               9C. Employee Benefits: A Primer on How              9E. Spirited Students: Preventing and
Break                                             to Talk the Talk (LE)(BAS)                          Managing Risks Resulting from Excessive
sponsored by Bowditch & Dewey, LLP                • Overview of major laws impacting                  Alcohol Consumption (SA)(PNL)
                                                    employee benefit plans: decoding the              • Effects of alcohol on student achievement
10:30 am - 12:00 pm                                 acronyms (Internal Revenue Code; ERISA;           • Institutional liability
Individual NACUANET and NACUA                       state laws; labor laws (USERRA, ADA,              • Student codes of conduct
Web Page Orientation Sessions                       ADEA, FMLA, etc.)                                 • Comprehensive institutional models
(please sign up at the registration desk)         • What is an employee benefit plan? under-            designed to effectively address alcohol and
(see description pg 7)                              standing the programs you have:                     other drug use through an interdisciplinary
                                                    - Typical public and private university/            institutional response
10:30 am - 12:00 pm                                   college examples                                  MODERATOR/SPEAKER
9A. South Campus Gateway: A Model for               - Retirement plans (401(a), 401(k) 457(b)           Kimberly Novak, Assistant Director for
University Engagement and Collaboration             - Welfare plans; health, life, disability, etc.     Student Risk Management, Arizona State
with the Private Sector in the Revitalization       - Deferred compensation plans                       University
                                                    - Retiree benefits, ERIPS
of its Adjacent Neighborhoods (BZ)(PNL)                                                                 SPEAKERS
                                                  • Resources: expanding on the basics:
• Challenges, complexities and opportunities                                                            Karen Moses, Director, Wellness and Health
                                                    internet, publications, seminars
  of collaboration                                                                                      Promotion, Arizona State University
• Mixed-use project issues                          MODERATOR                                           John Schwartz, United Educators Insurance
• Political, economic and legal issues: site        Jonathan E. Clune, Yale University                  Reciprocal Risk Retention Group
  assemblage, financing, design, taxation,          SPEAKERS
  operations/management and marketing               Elena Langrill, Maryland Office of the            9F. Forum: Intellectual Property and
• Key issues, alternatives and lessons learned      Attorney General                                  Computer Law
  MODERATOR                                         Tara Schulstad Sciscoe, Ice Miller LLP              LEADERS
  Mary Anne Smith, Illinois Institute of                                                                Harold J. Evans, Williams & Anderson PLC
  Technology                                                                                            Gloria Phares, Patterson, Belknap, Webb &
  SPEAKERS                                                                                              Tyler
  Christopher M. Culley, The Ohio State
  University                                                                                           12:00 pm
  Terry D. Foegler, President, Campus                                                                  Conference Adjourns
  Partners, Ohio State University

9B. Discussion Group: Shadow Boxing
and Shadow Lives: Living with Lawyers
and Lawyering on the Governing Board or
in the President’s Office (GC)(SDG)
• How to guide the inquiry
• Conflicts of interest: Who decides? Then
  what?
• Managing incompatible outside roles and
  interests of board members
• How the general counsel can help the
  board and institutional clients stay focused
  on policy and administrative responsibilities
  rather than lawyering
  LEADERS                                         9D. Non-Traditional IP and Tech Transfer:
  Kenneth Andre McKanders, Eastern                Licensing Copyrights, Biological Materials,
  Michigan University                             Trademarks and Trade Secrets (RP)(BAS)
  Ellen K. Munro, Loyola University of            • Non-patent technology transfer and licensing
  Chicago                                         • Copyrights, trademarks and other IP assets
  John Simon, Chairman of the Board of              in University portfolio
  Trustees, DePaul University                       MODERATOR
                                                    Miles J. Postema, Ferris State University
                                                    SPEAKERS
                                                    Michael A. Mitchell, The Ohio State
                                                    University
                                                    Wesley D. Blakeslee, Johns Hopkins
                                                    University




                                                                                             NAC UA 4 6 T H A N N UA L C O N F E R E N C E • 2 1