Previous Events & CLE Programs
December 10, 2008
Section Meeting
Wednesday, December 10, 2008 - 12:30p
Topic: Employment Law Update
Click here for more information
December 9, 2008
Section Meeting
Tuesday, December 9, 2008 - 12:30p
Topic: Current Developments in Charitable Giving
Click here for more information
November 12, 2008
Section Meeting
Legal Issues in Overseas Education Program Operations
Join Peter May, World Learning, and Kathleen Farrell, Boston University, for a presentation and discussion of critical issues facing college and university counsel in the area of international programming. The presenters will highlight registration, tax, labor, real estate and immigration challenges for university sponsored programs overseas and present a case study for discussion. Plenty of time will be set aside for questions.
October 8, 2008
Section Meeting
Do Your By-Laws Make the Grade: An Overview of Recent Governance Issues for Universities & Colleges
Maureen Mulligan, Ruberto, Israel & Weiner, P.C., will provide an overview of current best practices in the drafting of non-profit by-laws highlighting some of the recent issues facing non-profits in an era of heightened scrutiny.
September 10, 2008
Section Meeting
Effective Planning for E-Discovery Requests
Join Jim Berriman, Evidox, as he describes steps you can take before e-discovery requests come in, to minimize the cost, confusion, and stress of responding. Colleges and universities present unique challenges in preparing for and responding to electronic discovery requests because they are such highly decentralized organizations.
June 11, 2008
Section Meeting
Legislative Update
Rob McCarron, Association of Independent Colleges and Universities in Massachusetts, will provide his update of legislative developments and initiatives which may impact our institutions. This session always provides interesting insight into the higher education issues and constituencies currently getting the attention of federal and state lawmakers.
May 27, 2008
Section Meeting
New Mandate for Higher Distribution of Endowments
Sponsors
Tax-Exempt Organizations Committee
College & University Section
Ann Spence, Cambridge Associates, will lead a discussion of the current interest and implications in Congress to mandate higher distributions from college and university endowments, as well as other endowed institutions.
May 27, 2008
Section Meeting
Shut Out by the H-1B Cap: Staying and Working in the US
Sponsors
Immigration Law Committee
College & University Law Section
New Lawyers Section
Please join Vincent Lau, Flynn & Clark, P.C., and Bennett Savitz, Savitz Law Offices, for a discussion on the H-1B visa cap. Last year 240,000 graduating foreign students and experienced specialty workers were told they could not work or remain in the US simply because Congress had failed to update the 65,000 H-1B visa allocation that was sent decades earlier, despite broad support for a more realistic number from industry and academia.
This presentation will discuss the work and training visa options available for these applicants including the new rules announced April 8 to allow STEM majors (Science, Technology, Engineering and Math) to extend their post-graduate practical training from 12 to 29 months, and all students to remain in the US for at least one shot at an H-1B visa.
We will also explain the alternatives: qualifying for an exemption from the H-1B cap; parking the workers abroad with a B visitor's visa, then bringing them back as an L intercompany transfer after a year; Training Hs and Js; E treaty investors and traders; Extraordinary Ability O's; or a quick EB2 PERM labor certification if worldwide immigrant visa options hold out.
May 14, 2008
Section Meeting
Campus Political Activities and IRS Regulations
Lorry Spitzer, Ropes & Gray LLP, will speak on campus political activities and IRS regulations.
April 23, 2008
Section Meeting
Education About Voting Rights
Sponsors
Civil Rights & Civil Liberties Section
New Lawyers Section
College & University Law Section
Boston Area Colleges Elections Improvement Project
ACLUM Science and Technology Committee
American Constitution Society
The Boston Area Universities Election Improvement Project is attempting to implement real-world programs that improve the electoral process and increase understanding of voting behavior.
The Project has two primary facets, the first focusing on vote administration and the voter experience, the second focusing on program evaluation and statistical techniques. Beyond this information being of interest on its own, it will also facilitate the study of quantitative methods used to understand voting behavior, such as might be used in voting rights analysis. These new methods would be designed to replace current techniques used in, among other places, federal courts.
April 9, 2008
Section Meeting
The Impact of Bankruptcies (others', not yours!) on Your Institution
Richard L. Levine, Nelson, Kinder, Mosseau, & Saturley, P.C., will discuss how educational institutions can be affected by the financial failure of other people or companies. How far can an institution go in enforcing its rights to collect tuition from a student in bankruptcy?
- What happens…
- When a contractor winds up in a Bankruptcy proceeding in the middle of a project,
- When an employee fails to pay bills and then becomes the subject of a Bankruptcy proceeding,
- When one of your school's landlords or tenants files,
- If a licensor or licensee of intellectual property to or from your institution winds up in Bankruptcy, and proposes to cancel the license?
These and related questions will be discussed. Some of the questions may even have answers.
March 25, 2008
CLE Program
The Campus Mental Health Crisis: Growing Liability Concerns
Sponsored by:
Litigation Section
College & University Law Section
A number of high profile student suicide cases have been decided or settled in recent months. These cases will have far-reaching implications for other colleges and universities and will affect not only schools facing student suicide litigation of their own, but also those that operate mental health or suicide prevention programs throughout the year.
While colleges and universities have historically not been considered responsible for student suicides, recent decisions indicate that institutions of higher education are likely to face greater liability when they fail to take certain preventative measures.
Attend this program to learn the latest about student suicide litigation and tort actions, responses by colleges and universities and recent decisions from the United States Department of Education and the courts.
Click here for complete program description
March 24, 2008
Section Meeting
The Online Campus and Student Privacy: Can They Co-Exist?
Sponsors
Privacy Law Committee
College & University Law Section
Although the Internet was born on university campuses, it has taken on a shape and impact that no university could ever have foreseen. The Internet now affects all aspects of university life. Self-service portals streamline administration, and various internet technologies – including online library catalogs, file sharing and collaborative research tools, and social networking – make the student experience richer. But with the expansion on online life have come a number of challenges, including properly securing information, respecting copyrights and other intellectual property rights, and complying with a range of laws, including the federal Family Educational Records Privacy Act, Digital Millennium Copyright Act (DMCA), Electronic Communications Privacy Act, and Patriot Act, as well as state privacy and security laws.
Join Steve McDonald, General Counsel of the Rhode Island School of Design, and Jeff Swope of Edwards Angell Palmer & Dodge LLP, as they discuss some of the opportunities and challenges posed by the growth of the internet on campus.
March 12, 2008
Section Meeting
Contract Issues for University Presidents and Coaches
University counsel face increasing complex issues when drafting and negotiating employment agreements for presidents and athletic coaches. We will be joined by Attorneys Jim Nagle, Goodwin Procter LLP , and Kevin Cuddy, Ropes & Gray LLP, who will offer observations and practice tips on employment contracts for these high profile university employees. This is a topic we have not visited recently and we hope you will join us.
February 12, 2008
Section Meeting
Update on Academic Technology: MIT OpenCourseWare and Creative Commons
Join us for an update on two projects widely discussed by faculty who want to make their scholarship more available Michael Jung, Massachusetts Institute of Technology, will discuss intellectual property and other issues related to MIT OpenCourseWare, which provides public access to lecture notes, materials and videos from 1800 courses. Melanie Dulong de Rosnay, fellow at Harvard Law School's Berkman Center for Internet & Society, will review licenses available from Creative Commons and efforts at Science Commons to encourage scientists to share data.
January 17, 2008
Section Event
Winter Social
Thursday, January 17, 2008
6:00 p.m. - 8:00 p.m
Foley Hoag LLP
Seaport World Trade Center West
155 Seaport Boulevard.
January 9, 2008
Section Meeting
Employment Law Update
Paul Lannon, Holland & Knight LLP and Steven Locke, Brandeis University, will lead a discussion of court decisions and regulatory developments in 2007 that affect Massachusetts colleges and universities as employers.
December 12, 2007
Section Meeting
The New World of Financial Aid
Christine Hughes, Vice President and General Counsel, Emerson College, will discuss the changes in the world of financial aid as a result of recent federal and state investigations and legislative initiatives in this area. She will share insights and lessons learned for navigating these waters.
November 14, 2007
Section Meeting
Preparing for the Redesigned Form 990
Barbara E. Hunt, of KPMG LLP, will be our speaker and lead what we anticipate will be a lively discussion. Current indications are that the IRS will issue the final version of the proposed redesigned Form 990 by the end of 2007 and that it will apply to tax years beginning in 2008 and thereafter. We will review portions of the proposed form, which greatly expands disclosure requirements, focusing discussion on areas where attorneys can work with clients currently to prepare.
September 12, 2007
Section Meeting
Legal Implications of Online Social Networking Sites
Dana L. Fleming of Nelson Kinder Mosseau & Saturley, P.C. will provide an introduction to the major online online social networking sites and demonstrate what features make them so powerful and so popular among students. Specifically, she will discuss:
- the implications that these sites have on students’ privacy rights, disciplinary actions, and future employment opportunities;
- the extent to which schools may be held liable for the content being posted on these sites;
- the policy decisions that schools now face regarding how (and whether) to monitor students’ online behavior.
June 26, 2007
Section Meeting
Does Massachusetts Need the Uniform Trade Secrets Act?
Jerry Cohen and Stephen Y. Chow of Burns & Levinson LLP will review the importance of trade secrets in the current intellectual property environment. They will also discuss the pending (Massachusetts) H. 1585 to enact the Uniform Trade Secrets Act. Share your ideas and join us for this informative presentation.
June 13, 2007
Section Meeting
Dealing with Troubled Students
Lisa A. Tenerowicz of Rose, Chinitz & Rose and Dr. Charles W. Swearingen, MD, a consultant in psychiatry at Massachusetts General Hospital, will discuss the on-going institutional tensions and dilemmas for college and university clinicians and non-clinician administrators when dealing with suicidal and troubled students. Topics will include the impact of Bash v. Clark University and Mahoney v. Allegheny College on the Superior Court’s holding in Shin v. MIT.
May 9, 2007
Section Meeting
Current Governance Issues for Colleges and Universities
Todd Klipp, Vice President, General Counsel, and Secretary of the Board at Boston University, will discuss current governance issues facing colleges and universities. Specific topics include:
- developments at the federal and state levels;
- the non-profit community's response;
- evolving best practices, operational pressure points, and the increased role and responsibility of legal counsel.
April 12, 2007
Section Meeting
Permanent Residence Options for Professors and Researchers
Sponsors
Immigration Law Committee
College & University Law Section
New Lawyers Section
Penny Rosser, Director of the International Scholars Office at Massachusetts Institute of Technology, and Steve Clark of Flynn & Clark, P.C., will discuss visa options for Professors and Researchers. Specifically, they will discuss the Outstanding Researcher and Professor employment-based preference category and Special Recruitment and Selection procedures for PERM Labor Certifications.
April 11, 2007
Section Meeting
Bring Your In-Box: Open Forum Discussion
Deirdre Heatwole, Associate Counsel at the University of Massachusetts, will moderate an open forum for college and university counsel to discuss legal issues of current interest to their clients.
March 14, 2007
Section Meeting
Hot Topics in OFCCP Compliance
Stan Koper, Vice President of Gaucher Associates, will discuss OFCCP issues and related college and university compensation and reporting requirements. Specifically, he will discuss:
- OFCCP Compensation Analysis Guidelines
- the Department of Education's race and ethnicity reporting proposa
- OFCCP audit trends
- the importance of recordkeeping.
February 14, 2007
Section Meeting
Selected Immigration Issues for Colleges and Universities
Russell C. Ford of Mintz Levin Cohn Ferris Glovsky and Popeo P.C. will discuss selected immigration law issues for colleges and universities. Topics include:
- permitted student employment;
- liability for enforcement activities;
- employer sanctions relating to independent contractors.
December 20, 2006
CLE Program
The Digital Campus: Ownership of Information on Institutional Networks
Sponsors
Health Law Section
College & University Law Section
Intellectual Property Law Section
Boston Patent Law Association
Networked access to digital information continues to raise new legal issues regarding ownership, as well as permissible uses of information and resulting products. These issues are particularly complex within the networked campuses of educational, governmental, healthcare and research institutions that balance missions to advance public knowledge and welfare with obligations to protect personal or proprietary information.
This program brings together practitioners who face these issues on a daily basis and who lead in developing institutional policies and responses.
Click here for complete program description
November 8, 2006
Section Meeting
Regulating Research Laboratories in Boston
Mary T. Feeney of Bowditch & Dewey, LLP and Peter Harrington, Director of the Office of Research Compliance at Harvard Medical School will discuss the efforts of state and local governmental agencies to establish new oversight and review of laboratory operations. They will explore how these efforts will affect the scope of the research and procedures for conducting research within laboratories.
Specific Topics will include:
- Proposed bills to restrict certain research within the Commonwealth
- Ordinance Regarding the Registration of Laboratories in the City of Boston
- Biological Laboratory Research Laboratory Regulations adopted by the Boston Public Health Commission
- Protecting the confidentiality of research
- Complying with both federal and local regulations
- Community review mechanisms
- Operations of the institutional biosafety committee
October 11, 2006
Section Meeting
e-Discovery Issues for Colleges & Universities
Douglas F. Seaver of Hinkley, Allen & Snyder LLP and Glenn C. Hill, Director of Information Security and Identity Services at Northeastern University will review electronic discovery issues for colleges and universities. In light of the amendments to the Federal Rules of Civil Procedure scheduled to go into effect December 1, 2006, the speakers will discuss the following issues:
- The obligations of legal counsel relative to e-discovery
- Practical tips for managing e-discovery issues
September 13, 2006
Section Meeting
The View from the Plaintiff's Bar
Elizabeth A. Rodgers of Rodgers, Powers & Schwartz, and Dahlia C. Rudavsky of Messing, Rudavsky & Weliky, P.C., will share their observations on what higher education employers do right, what they do wrong, and what trends they see occurring in employment litigation.
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