Higher Education Conference
Thursday, March 15, 2018
9:00 A.M. – 6:30 P.M.
Margaret H. Marshall
Former Chief Justice of the Supreme Judicial Court of Massachusetts, Margaret H. Marshall is Senior Counsel at Choate Hall & Stewart LLP. She brings a wide range of experience to issues of higher education: lawyer, counsel, university trustee and judge. Immediately before her 1996 appointment to the Court, Chief Justice Marshall served as the Vice President and General Counsel of Harvard University. In 2004 she became a member of the Board of Trustees of Yale University, the governing board and policy-making body for the University. Until 2016 she served as its Senior Trustee, the first woman to hold that position at Yale.
SEE WHO IS ATTENDING THE CONFERENCE
Anderson & Kreiger LLP
Bowditch & Dewey, LLP
Casner & Edwards
Choate, Hall & Stewart LLP
College of the Holy Cross
Conn Kavanaugh Rosenthal Peisch & Ford, LLP
Fish & Richardson P.C.
Foley Hoag LLP
Freiberger & Washienko, LLC
Goodwin Procter LLP
Hemenway & Barnes LLP
Hirsch Roberts Weinstein LLP
Hogan Lovells US LLP
Holland & Knight LLP
Jackson Lewis P.C.
Jenn Davis LLC
Jenner & Block
Krokidas & Bluestein LLP
Latham & Watkins LLP
Locke Lord LLP
Major, Lindsey & Africa
Massachusetts Attorney General’s Office
Massachusetts Department of Higher Education
Massachusetts Institute of Technology
McCarter & English, LLP
McLane Middleton, Professional Association
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
MIT Office of Risk Management
Morgan, Brown & Joy, LLP
National Labor Relations Board
Nixon Peabody LLP
Partners HealthCare System, Inc.
Pierce Atwood, LLP
Ropes & Gray LLP
Rose, Chinitz & Rose
Rubin & Ulrich, LLC
Saul Ewing Arnstein & Lehr LLP
Schwartz Hannum PC
Sheehan Phinney Bass & Green PA
Simmons College- Office of the General Counsel
Southern New Hampshire University
Sugarman, Rogers, Barshak & Cohen, P.C.
Tennant Lubell, LLC
Tufts University, Office of University Counsel
U.S. Department of Justice
University of Massachusetts – Office of General Counsel
Worcester Polytechnic Institute
Zalkind Duncan & Bernstein LLP
THE TAXMAN COMETH: Higher Education Tax Law Changes
Panelists will discuss the changes in tax laws, including topics such as tax on endowment investment income, executive compensation, UBTI “basketing”, fringe benefits and UBTI, and charitable giving. They will also talk about what didn’t make it into the tax reform bill, other federal developments, and state law updates.
Counsel, Hemenway & Barnes
Partner, Ropes & Gray
Hot Topics in Athletics and Compliance
The panelists will discuss the top legal and compliance issues currently faced in athletics and various ways to navigate those issues in collaboration with the athletics department. Janet Judge is a national expert on athletics issues, representing and advising institutions at all competitive levels. She will begin by providing an overview of the most pressing issues confronting institutions with regard to athletics. The panelists will then discuss some of the practical challenges presented by these issues and share their insights on how athletics and counsel can effectively work together to address them.
Nora Field (Moderator)
Deputy General Counsel, Boston College
Director of Athletics, Merrimack College
Partner, Holland & Knight
General Counsel, Merrimack College
Accessing the Cloud: Strategies for Improving Website Accessibility on Your Campus
The panelists will discuss the benefits and challenges of website accessibility from different perspectives. Relying on his experiences in the federal government and now representing colleges and universities, Mr. Catanzano will discuss the current climate with regard to litigation as well as enforcement efforts by both the U.S. Department of Education and the U.S. Department of Justice. Mr. Schachmut will provide the audience with a practical overview of what “accessibility” means in this context and what it looks like in practice. Finally, Ms. Earp will discuss the internal challenges that may require navigation when an institution is faced with enhancing its accessibility efforts. The group, including its moderator, David Bunis, will then share examples of how they have worked with and assisted their institutions and others with regard to improving the accessibility of their web environment.
David Bunis (Moderator)
Senior Vice President and General Counsel, Worcester Polytechnic Institute
Senior Counsel, Holland & Knight
Vice President of Information Technology and Chief Information Officer, Smith College
Manager of Digital Accessibility, Harvard University
Difficulty and Disruption: Supporting an International Mission, Faculty, and Student Body in Uncertain Times.
This session will address recent developments in immigration law and policy under the current Administration, discuss their implications for colleges and universities, and suggest strategies for supporting our institutions’ missions of teaching and research in the wake of these changes. Specific subject areas include (at a minimum) the travel ban, rescission of the DACA program, de-designation of certain nations for TPS protection, and the Administration’s “Buy American, Hire American” Executive Order, as reflected in visa processing for inbound international scholars and students.
University Attorney, Harvard University Office of the General Counsel
Assistant Director, Harvard International Office
Partner, Jenner & Block
Chief of the Public Protection and Advocacy Bureau, Massachusetts Attorney General’s Office
Cybersecurity 2018: Trends and Strategies
What is keeping your information technology and data security staff awake at night and how can lawyers help? Our panel of experts will discuss the current threats to cybersecurity in higher ed, recent legal developments, and best practices for managing risk.
Gerry Leone (Moderator)
General Counsel, University of Massachusetts
Director of Computer Security and Policy, Boston College
Partner, Mintz Levin
Free Speech and Civility Issues
There are few more vexing issues for campus administrators than how to respond to what some on campus experience as hateful and offensive speech. In the past year, at a time of heightened polarization across society, particularly on issues of race and immigration, colleges and universities have experienced a range of divisive and volatile events, including presentations by provocative speakers, the placement of offensive posters in residence halls, and the targeting of faculty and students who express controversial views on social or conventional media. How should campus administrators respond? What is the right process for decision-making and, when necessary, crisis management? What tools and resources are available to guide administrators? What values and objectives should drive their decision-making? This panel brings together three administrators with distinct roles and responsibilities, and a variety of relevant experiences, to participate in a facilitated discussion of these and related questions. They will review recent events with the objective of developing core principles for effective decision-making when free expression, personal safety and institutional reputation are all in play.
Kathleen B. Rogers (Moderator)
Senior Vice President, General Counsel and Secretary to the Board, Simmons College
Vice President for Communications and Chief Marketing Officer, Middlebury College
Director of Public Safety, Northeastern University
Provost and Vice President for Academic Affairs, Emerson College
Sexual Misconduct Investigations in the #Metoo Era
Investigating sexual misconduct allegations when the claims relate to former administrators, faculty, and students or involve allegations of conduct that is years if not decades old presents a particular set of challenges. This panel looks at these investigations, possible claims and resolutions from the perspectives of in-house counsel, independent external investigators, and lawyers who represent complainants and respondents
Secretary and General Counsel, Trinity College
Partner, Freiberger & Washienko, LLC
Partner, Zalkind Duncan & Bernstein LLP
Edward V. Colbert, III
Partner, Casner & Edwards
Antitrust Issues in Higher Education
The panelists will discuss the historical efforts by the DOJ in this area, namely the DOJ’s allegations that sharing financial aid information violated antitrust laws in the 1990s. The panel will also discuss the recent NACAC guidelines that the DOJ is focused on and what their purpose is/was.
Partner, Hogan Lovells
U.S. Department of Justice
Labor Law Update for the Higher Education Lawyer
Labor law – both in the private and public sectors – has been evolving quickly! This panel is for higher education lawyers who are pausing to consider – or to reconsider – the application of labor law to the work environment and as it may relate to myriad issues such as the definition of an employee under the NLRA, approaches to social media, and employment related conduct policies. Join panelists who will share highlights of key cases and guidance, updates on hot topics, practical approaches to navigating changes, and even some forecasting on critical labor issues that may impact higher education in the future.
Rachel E. Muñoz
Principal, Jackson Lewis PC
Desiree Y. Murphy
Associate, Morgan, Brown & Joy, LLP
Deputy Regional Attorney, National Labor Relations Board, Region 1
Senior Director of Labor Operations, Northeastern University
Trends and What’s Ahead in Higher Ed Featuring Robb Jones from United Educators
The Higher Ed Conference is sponsored in part by the Joan B. DiCola Fund of the Boston Bar Foundation. This fund provides critical support for Boston Bar Association programs and initiatives that foster the education and professional development of lawyers. For more information on the BBF or this fund, please contact Megan Leppert at firstname.lastname@example.org or (617) 778-1924.