Legal Issues in Museum Administration 2022
In-Person Course
|
Webcast
DATE
Washington
CLE
Total 60-minute hours: 15 including 1.0 ethics
credit and 1.0 elimination of bias*
Total 50-minute hours: 18 credits, including
1.2 ethics credit and 1.2 elimination of
bias*
*depending on state requirements in MCLE jurisdictions.
(See CLE/CPE Credit below for state CLE and/or CPE credit details.)
|
Why You Should Attend
back! After a two year in-person hiatus, we invite you to reunite with
your colleagues at this unique educational experience – a conference known
for its collegial environment and industry-shaping guidance.
Museums, libraries, and cultural institutions of all sizes face significant
institutional demands and novel issues in light of the changing public health
landscape, including how best to adapt to an increasing digital world, address labor
and workforce changes, and engage in meaningful diversity, equity, and inclusion
efforts. With esteemed faculty that includes museum in-house counsel, outside
counsel with specialized expertise, and museum directors, attendees will gain
knowledge from which to draw upon for years. For the past 50 years, the Legal
Issues in Museum Administration conference has been the annual event to
attend for focused instruction on the core legal and business issues facing the
museum, library, and cultural institution community.
So join us in 2022 – in person or on the web. Your attendance,
regardless of format, will be a significant investment in your professional
work for years to come!
What You Will Learn
anniversary, this year’s Legal Issues in Museum Administration conference will both
reflect on how museum lawyering has evolved and look to its future. Featured
sessions include instruction on this year’s most important legal issues, including:
Cryptocurrency and NFTs
Recent developments in restitution and repatriation
Digital collections
Donor advised funds and other hot topics in philanthropy
Remote work arrangements
Virtual museum programming
Fair use updates for museum professionals
Visitor policies: COVID-19 specific policies, managing unruly
visitors, and more!
In-person attendees can tailor their learning experience by selecting break-out
sessions on the second day of programming.
Register for the in-person course at full price, and the second registrant for this
course saves 40%. Or register as a group for the webcast and save up to 35% (click here for more
details). Click “Register as a Group” to register at these savings. (Valid on new
registrations only; discounts may not be combined.)
Health and Safety: Your health
and safety matter to ALI CLE. Working with the venues for our programs, we
will comply with all federal, state, and local public regulations and guidelines
regarding public safety for our in-person attendees. In-person attendees will
be required to upload proof of full vaccination in advance of this course and wear a
mask during meeting events. Click here for more
information about ALI CLE’s health and safety guidelines for in-person programs.
Study Materials
Course materials will be available in electronic format for download the week
before and during the course. Print materials will not be distributed. All
registrants are advised to bring portable devices to the course to view the
course materials, including updates.
SCHOLARSHIP ASSISTANCE
A limited number of full tuition scholarships for the in-person course and
webcast are available to those who cannot attend without financial support.
Persons needing scholarship assistance should submit a statement justifying
their scholarship request and a resume to Museums Scholarships at
limaschol@ali-cle.org. Scholarships are awarded based on professional relevance
and financial need. Applications must be received by January 31, 2022.
Administration is always one of the most informative
conferences regarding specific information relevant
to museum administrative matters. The sessions
provide excellent background material and thoughtful
insights into the issues addressing our field.
course/conference I attend with extremely practical,
timely, and useful explanations, information, and
sample forms. LIMA is highly beneficial to any
museum professional. • Excellent Panels!!
experience; a really well-run conference with a
great program and really engaging speakers.
Extremely topical and current, and great faculty. I
can ‘t wait for next year. Thank you.
terms of the content, presentations, and speakers!
Please consider having a panel that may reference
the history of LIMA and how the topics have evolved
over the years.
speakers & everyone involved in putting together
this outstanding, truly state-of-the art, flawlessly
presented program, in the middle of this devastating
pandemic.
and speakers were excellent as always.
professional, and insightful. Thank you. • Great
conference!
Learned a great deal.
the presentations were very helpful and relevant.
Thank you All, it was relevant educational
experience with applicable tips.
great topics. Thank you!
board, especially given the challenges of this year.
Hard to say now what will be relevant in a year from
now but I feel like we are overdue for a governance
panel. Thanks for a great conference!
emerging technologies and the legal implications and
liability of using such technologies to engage
audiences. Thank you for including the affect of
social movements on museums and governance. Please
include more on his topic going forward. Enjoyed the
conference – thank you! As always, a great program.
sessions on both days – such great topics and
energy, which is needed for the end of the day!
especially examples provided by the faculty far
exceeded my expectations and are incredible. THANK
YOU!
Thank you so much!
was excellent.
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- All
times EasternWEDNESDAY, MARCH 23, 2022
8:00 am Registration and Continental Breakfast
8:50 am Administrative Remarks – ALI CLE Staff
WEBCAST SEGMENT A
8:55 am Introductory Remarks – Smithsonian
Office of General Counsel9:10 am 50 Years of Legal Issues in Museum
Administration – Meghan Berroya, Sharon Cott, Lauryn
Guttenplan, and Marsha ShainesA brief history of the conference and the evolution of museum lawyering.
9:45 am Keynote – The Future of Museums,
Libraries, and Collecting Institutions – Kevin Young
10:15 am Refreshment Break
10:30 am Cryptocurrencies, Non-Fungible Tokens
(NFTs) and the Blockchain: What are They and Why Should Museums
Care? – Jeffrey Blair, Sarah Odenkirk, and Yayoi
ShionoiriThis panel will provide an overview of the continually evolving
landscape of NFTs and their underlying blockchain technology, and the
myriad legal issues raised by proposed donations of NFTs and
cryptocurrency, investments in digital assets, accessioning NFTs into
collections and anticipating other applications of blockchain technology
to the work of museums.11:30 am Providing Precious Pixels: Managing
Museum Digital Collections – Greg Cram, Eryn Starun,
and Adine VarahDigital technologies are not only transforming the way museums share
works with the public, they are also expanding the types of works that
museums acquire. From expanding access to cutting edge accessions,
digital collections create new opportunities as well as new challenges.
This panel will cover both legal and practical issues relating to
dissemination, use, storage, and collection of digital works.12:30 pm Box Lunch Event
WEBCAST SEGMENT B
1:45 pm Litigation Update for Museum
Professionals – Stephen ClarkDiscussion and analysis of recent litigation of interest to the museum
community, including intellectual property, artists’ rights, donor
issues, authenticity, ownership/restitution/repatriation, First
Amendment and tax matters.2:45 pm Virtual Museum
Programming – Michael Costanzo, Larry Dubinski,
and Terry VentoLegal and practical
considerations involving hybrid events; digital programming across a
variety of platforms; and ADA compliance considerations, illustrated
with a case study discussionVirtual events: Public,
private, live-streamed, or recorded, and the implications for
performers and speakers, licensed content and musicThe pandemic’s impact on
virtual programing for museums, including the challenges, the
concerns of return on investment (ROI) and the opportunity of
broader engagement3:45 pm Refreshment Break
4:00 pm Remote Work Arrangements – Danee Gaines
Adams, Jaye Calhoun, and Sarah EbelRemote work arrangement
trends emerging from the pandemicTax and business
registration implications of having employees in other states and
abroadPrivacy and information
security considerations in a remote work environmentDrafting remote work
policies that address legal issues and employee concerns5:00 pm Adjournment for the day
6:00 pm Reception – To be announced.
THURSDAY, MARCH 24, 2022
7:45 am Continental Breakfast
WEBCAST SEGMENT C
8:30 am Fair Use Laws: Legal and Practical
Implications – Greg Cram, Simon Frankel, and Lauryn
GuttenplanOverview of recent fair use
cases and their implications for museumsFair use in an increasingly
digital worldBest practices for museums
in using and licensing protected material9:30 am What’s New in Restitution and
Repatriation – Meghan Delaney Berroya, L. Eden Burgess,
Kevin Gover, and Channah NormanMuseums and other collecting institutions are increasingly wrestling
with questions of ethical returns and repatriation, including cases
decided by the Supreme Court, questions related to the return of
African-American human remains, the widening trend of returning Benin
Bronzes to Nigeria, repatriation efforts by Native American tribes, and
issues related to the Army’s significant artifact collection.10:30 am Refreshment Break
10:45 am Donor Advised Funds and Other Hot Topics in
Philanthropy – Carlos Byrne, Michael Cooney, and H.
Sujin KimCreative uses of DAFs and
practical tipsProposed DAF regulatory
efforts at the state levelThe pending ACE Act Recent
litigation How to address donors seeking to obtain benefits in
exchange for DAF grants11:45 am Lunch on your own
WEBCAST SEGMENT D
1:00 pm Employment Update: Mandates, AI, and More,
Oh My – Jocelyn Cuttino and Dave LarsonVaccine litigation update,
including religious accommodationsUse of artificial
intelligence in hiringNon-COVID-related employment
law updates2:00 pm Refreshment Break
2:15 pm Breakout Sessions
Surprise! Managing Unexpected Bequests**– H. Sujin
Kim, Stephen K. Urice, and George KaribjanianConsiderations in accepting
or declining unexpected testamentary giftsNavigating estate and trust
distributionsWorking with trustees,
executors, and a decedent’s familyVisitor Policies: Guidance for Protecting Visitors, Staff, and
Collections – Pam Chen, Laurie Kosanovich, and Jessica
SanetCOVID-19 specific policies
Other policies (slip and
falls, unruly visitors, child protection, image restrictions, etc.)Effectively implementing
visitor policies through staff training and enforcement**Recorded and broadcasted to the webcast audience.
3:15 pm Refreshment Break
3:30 pm Breakout Sessions
Get Smart! Educating the PreK-12 Set **–
Sarah Ebel and Eryn StarunEducators have long recognized the value of a museum field trip for its
potential to spark student engagement and active search for knowledge.
So as the pandemic interrupted this tradition, virtual PREK-12 museum
programming has been in demand, bringing the museum into classrooms and
homes in new and different ways. This panel will cover practical
approaches to common legal issues kindled by children interacting with
your museum online and in person, like mandatory reporting, regulations
including child or student privacy, and other barriers to growing your
child-focused programs.No Lawyers Allowed: A Survival Guide for Non-Lawyers –
Jeffrey Blair and Danielle FisherThis panel will provide guidance to non-lawyers in managing legal risks
including a discussion of problematic contract provisions, public
programming and visitor engagement policies and accident documentation.**Recorded and broadcasted to the webcast audience.
4:30 pm Refreshment Break
4:45 pm Cultural Institutions and Labor Dynamics
– Derek Barella and Michael Stevens5:45 pm Adjournment for the day
FRIDAY, MARCH 25, 2022
7:45 am Continental Breakfast
WEBCAST SEGMENT E
8:30 am Ethics and the Lawyer’s Many Hats
– Kimberly Wong and Amelia L.B. SargentThis panel will cover the application of different ethical rules to the
many roles a lawyer plays both inside an organization and out. Topics
will include the Lawyer-as-Counselor, Lawyer-as-Advocate,
Lawyer-as-Negotiator, and the Lawyer-as-Nonlawyer. We will discuss the
lawyer’s ethical obligations to their client, both in an advocacy and a
non-advocacy role, and to nonclients, as well as the scope of the
attorney-client privilege in each situation.Model Rules covered will include duty of confidentiality to current,
former, and future clients, Rules 1.6, 1.13, 1.18, the Lawyer as
Counselor/Advisor, Rule 2.1, Lawyer as Advocate Rules 3.1, 3.3, 3.4,
Transactions with Persons Other than Clients, Rules 4.1-4.4, and Public
Service, Rule 6.1.9:30 am The Art of Bias: Disrupting Cultures that
Perpetuate Inequality – Mikka Conway and George
FathereeThe existence of implicit bias in the “elite” fields of law and the
museum profession, and why the effects of bias are particularly
pronounced in these fields The need to foster more diverse, inclusive,
and equitable institutions in order to serve a changing nation,
audience, and client base How the principles of equality underlying
anti-discrimination law are in tension with principles of equity
Strategies for addressing structural and individual biases in the legal
and museum fields.10:30 am Refreshment Break
10:45 am Governance: How Good is
Good Enough? – Sharon Cott, Judith Leonard, John Sare,
and Adine VarahMuseums must not only protect their collections, they must also protect
the public’s trust in the museum’s high ethical and professional
standards. This panel focuses on the key pillars of good governance and
the rules, policies, and practices that help ensure the integrity of the
museum’s decision-making processes. Join us in taking a closer look at
the museum board’s role in addressing a variety of critical areas
including conflicts of interest, ethics, reputational harm, and
diversity, equity, and inclusion11:45 am ALI CLE Closing Remarks and Adjournment
- Total 60-minute hours of
instruction: 15 including
1.0 ethics credit and 1.0 elimination
of bias*Total 50-minute hours: 18 credits, including
1.2 ethics credit and 1.2
elimination of bias**depending on state requirements in MCLE jurisdictions.
- Suggested Prerequisite:
Limited
experience in legal practice in subject matter or completion of
basic CLE course in subject matter - Educational Objective:
Acquisition of knowledge and skills to develop
proficiency as a practitioner;
Maintenance of professional competence as a practitioner; Provision
of information on recent legal developments. - Level of
Instruction: Advanced - Time Zone: Eastern
- Program:
Planning Chairs
Meghan
Delaney Berroya, Assistant General Counsel,
Smithsonian Institution, Washington, D.C.
Jessica
Sanet, Assistant General Counsel, Smithsonian
Institution, Washington, D.C.
Steering Committee
Pam Chen, General Counsel, Museum of Science and
Industry, Chicago, IL
Laurie Kosanovich,
General Counsel, Rock and Roll Hall of Fame + Museum, Cleveland, OH
Channah F. Norman, Chief Counsel, Center of Military
History, Department of the Army, Washington, D.C.
Kimberly Wong, Associate General Counsel, The J.
Paul Getty Trust, Los Angeles, CA
Keynote
Kevin Young, Andrew W. Mellon,
Director, National Museum of African American History and Culture,
Washington, D.C.
Program Faculty
Danee Gaines Adams, Privacy Officer, Smithsonian
Institution, Washington, D.C.
Derek Barella, Schiff Hardin
LLP, Chicago, IL
Jeffrey Blair, General Counsel and Assistant Secretary,
Los Angeles County Museum of Art, Los Angeles, CA
L. Eden Burgess, Cultural Heritage
Partners, PLLC, Washington, D.C.
Carlos S. Byrne, CAP®, National
Director, Donor Advised Fund Services, BNY Mellon Wealth Management,
Boston, MA
Jaye Calhoun, Kean Miller LLP, New
Orleans, LA
Stephen W. Clark, Vice President,
General Counsel and Secretary, The J. Paul Getty Trust, Los Angeles, CA
Mikka Gee Conway, Chief Diversity, Inclusion, and
Belonging Officer and EEO Director, National Gallery of Art, Washington,
D.C.
Michael J. Cooney, Nixon
Peabody LLP, Washington, D.C.
Michael Costanzo, General Counsel and Director of
Security, California Academy of Sciences, San Francisco, CA
Sharon Cott, General Counsel, The Metropolitan Museum of
Art, New York
Greg Cram, Director – Copyright,
Permissions and Information Policy, The New York Public Library, New
York, NY
Jocelyn R. Cuttino, Morgan,
Lewis & Bockius LLP, Washington, D.C.
Larry Dubinski, President and
CEO, Franklin Institute, Philadelphia
Sarah Ebel, Associate General
Counsel, The Field Museum, Chicago, IL
George C. Fatheree,
III, Sidley Austin LLP, Los Angeles, CA
Danielle
Fisher, Assistant General Counsel, Smithsonian
Institution, Washington, D.C.
Simon J. Frankel, Covington &
Burling LLP, San Francisco, CA
Kevin Gover, Under Secretary for
Museums and Culture, Smithsonian Institution, Washington, D.C.
Lauryn
Guttenplan, Deputy General Counsel, Smithsonian
Institution, Washington, D.C.
George
Karibjanian, Franklin Karibjanian & Law
PLLC, Boca Raton, FL
H. Sujin Kim, Associate General Counsel, The
Metropolitan Museum of Art, New York, NY
David
Larson, Assistant General Counsel, Smithsonian
Institution, Washington, D.C.
Judith
Leonard, General Counsel, Smithsonian Institution,
Washington, D.C.
Sarah Odenkirk, Cowan DeBaets
Abrahams & Sheppard LLP, Beverly Hills, CA
John
Sare, Patterson Belknap Webb & Tyler LLP, New
York, NY
Amelia L.B. Sargent, Willenken LLP,
Los Angeles, CA
Marsha Shaines, Former Deputy General Counsel,
Smithsonian Institution, Washington, D.C.
Yayoi
Shionoiri, Executive Director for the Chris Burden
Estate and the Nancy Rubins Studio, U.S. Alliance Partner to City Lights
Law, New York, NY
Eryn
Starun, Assistant General Counsel, Smithsonian
Institution, Washington, D.C.
Michael Stevens,
Labor and Employment, Arent
Fox, Washington, D.C.
Adine Varah, General Counsel, San Francisco Museum of
Modern Art, San Francisco, CA
Stephen K. Urice, Professor of
Law and Dean’s Distinguished Scholar, University of Miami School of Law,
Miami, FL
M. Thérèse Vento, General Counsel, Pérez Art Museum,
Miami, FL
available closer to the scheduled date of this course. Please check back
later.
This course is available in two live formats:
In person at The Washington Hilton, 1919
Connecticut Avenue, NW, Washington, DC 20009. A special room rate has
been arranged with the hotel of $309 per night, single or double
occupancy. This rate will be made available, unless exhausted, until
March 3, 2022. Registrants must make their own hotel
reservations and request the LIMA 50th Anniversary room block to qualify
for the reduced rate. Reservations may be made by calling hotel at
202-483-3000 and referring to group code: ALI or by clicking here
Via video webcast for registrants who
prefer to attend remotely. ALI CLE webcasts can be viewed on a desktop,
laptop, or iPad/notebook, and are supported on Safari, Firefox, Chrome,
and Edge browsers. To ensure a smooth webcast experience, do not view on
a smartphone or use Internet Explorer. For more detailed system
requirements, click here.
CLE would like to thank our sponsors for their generosity and support:
ALI CLE programs are generally accredited in all MCLE jurisdictions.
Credit in ID, LA and RI is available upon request. Click here for more information about CLE state
requirements or CPE for accountants/NASBA,
or email TeamMCLE@ali-cle.org.