ALI-ABA

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Scope and Purpose

This annual course of study, comprising 17 hours of instruction, is intended to provide museum directors, administrators, trustees, legal counsel, and others who are concerned with museum operations, with an awareness of the legal problems and issues they will encounter. Although primary emphasis is on new materials, the course is so structured that considerable familiarity with the subject matter is not required. Every attempt is made to provide practical information and to present ways of avoiding and solving expected problems.

Special emphasis is given this year to issues of planning and implementing museum construction projects, balancing museum stewardship with the calls for greater transparency and public access, and the global museum in an evolving world.

All questions are presented from the legal point of view. However, no attempt is made to draw an arbitrary line between legal aspects and matters of policy. Time is reserved throughout the program to address registrants’ written questions.

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Planning Chairs

Rachelle V. Browne, Assistant General Counsel, Smithsonian Institution, Washington, D.C., Program Chair

Ildiko P. DeAngelis, Director, Museum Studies Program, George Washington University, Washington, D.C.

Cristina Del Valle, Senior Associate Counsel, Metropolitan Museum of Art, New York

Farleigh H. Earhart, Assistant General Counsel, Smithsonian Institution, Washington, D.C.

Kim Igoe, Vice President, Policy and Programs, American Association of Museums, Washington, D.C.

Gail Aidinoff Scovell, General Counsel, Solomon R. Guggenheim Museum, New York

Adine K. Varah, Deputy City Attorney, San Francisco, Arrangements Chair

Stephen E. Weil, Scholar Emeritus, Center for Education and Museum Studies, Smithsonian Institution, Washington, D.C.

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Faculty

Jennifer Bartle, Intellectual Property Assistant, San Francisco Museum of Modern Art

Jeffrey N. Blair, Assistant Counsel, Metropolitan Museum of Art, New York

Ann Brick, Staff Attorney, American Civil Liberties Union, San Francisco

Stephen W. Clark, Deputy General Counsel, Museum of Modern Art, New York

David Crosson, President and CEO, History San Jose, San Jose, California

Wilbur Faulk, Executive Vice President, Cultural Property Protection Group, Northridge, California

Kurt Feichtmeir, General Manager, Learning Tools, Exploratorium, San Francisco

Simon J. Frankel, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, P.C., San Francisco

Lauryn G. Grant, Assistant General Counsel, Smithsonian Institution, Washington, D.C.

Jason Hall, Director of Government and Media Relations, American Association of Museums, Washington, D.C.

Geoffrey C. Hazard, Jr., Distinguished Professor of Law, Hastings College of the Law, San Francisco

Logan Hopper, Principal Architect, Logan Hopper Associates, Oakland

John E. Huerta, General Counsel, Smithsonian Institution, Washington, D.C.

Richard F. Larkin, Technical Director for Not-for-Profit Accounting and Auditing, Institute for Nonprofit Excellence, Bethesda, Maryland

Patty Lipshutz, Secretary and General Counsel, Museum of Modern Art, New York

Jana Machin, Director, Museum Store, San Francisco Museum of Modern Art

John D. Malamut, Deputy City Attorney, San Francisco

J. Thomas McCarthy, Senior Professor of Law and Director, McCarthy Institute for Intellectual Property and Technology Law, University of San Francisco

Buffy McQuillen, Yurok Tribe NAGPRA Coordinator, Klamath, California

Donn P. McVeigh, Managing Director, Creative Risk Concepts International, Oakland

John Henry Merryman, Professor of Law and Affiliated Professor of Art, Stanford University, Stanford, California

Roger Mialocq, Management Audit Manager, County of Santa Clara, California

Martha Morris, Associate Professor, Museum Studies, George Washington University, Washington, D.C.

Brooke Oliver, Brooke Oliver Law Group, P.C., San Francisco

Maria Pallante-Hyun, Associate General Counsel and Director of Intellectual Property, Solomon R. Guggenheim Museum, New York

Celia Roady, Morgan, Lewis & Bockius LLP, Washington, D.C.

Marsha S. Shaines, Deputy General Counsel, Smithsonian Institution, Washington, D.C.

Nikolai J. Sklaroff, Vice President, Citigroup Global Markets, Inc., San Francisco

Katherine C. Spelman, DLA Piper Rudnick Gray Cary US LLP, San Francisco

Thaddeus J. Stauber, Sidley Austin Brown & Wood, LLP, Los Angeles

John J. Steele, Fish and Richardson, P.C., Redwood City, California

Jill Sterrett, Director of Collections and Conservation, San Francisco Museum of Modern Art

Miriam L. Stombler, Assistant County Counsel, Santa Cruz, California

Judith L. Teichman, San Francisco

Sean Tierney, Hawkins Delafield & Wood LLP, San Francisco

John Troccoe, Manager, District Safety and Office Emergency Management, Federal Reserve Bank, San Francisco

Stephen K. Urice, Director, Project for Cultural Heritage Law and Policy, Philadelphia Museum of Art

Nicole Walthall, Assistant Field Solicitor, U.S. Department of the Interior, San Francisco

Carolyn O. Ward, Morgan, Lewis & Bockius LLP, Washington, D.C.

Diane M. Zorich, Information Management Consultant for Cultural Organizations, Princeton, New Jersey

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Program Schedule

Tuesday, March 29, 2005 (at the Argent Hotel)

• 5-7 p.m. Early Registration
• Wednesday, March 30, 2005 (at the Argent Hotel)
• 7:00 a.m. Registration and Continental Breakfast
• 8:00 a.m. Optional Session: Introduction to the Museum Legal Environment – Ms. Teichman
• 8:45 a.m. Networking Break
• 9:00 a.m. Introductory Remarks and Course Overview
• Planning and Implementing Museum Construction Projects
• 9:10 a.m. Museum Construction Challenges and Expansion: Successes, Failures, and Pitfalls – Ms. Morris
• 9:30 a.m. Case History I: Museum of Modern Art, New York – Ms. Lipshutz
• 9:45 a.m. Case History II: de Young Museum, San Francisco – Ms. Varah
• 10:00 a.m. Financing and Land Use Primer –Messrs. Malamut, Sklaroff, Stauber, and Tierney
• 11:00 a.m. Networking Break
• 11:15 a.m. Nuts and Bolts of Construction Contracts – Mr. Blair
• 11:45 a.m. Access for Visitors with Disabilities to the Facility and Collections– Mr. Hopper and Ms. Stombler
• 12:15 p.m. Museum Construction Projects: Questions and Answers
• 12:30 p.m. Luncheon and Address – John Henry Merryman
• Access to the Museum
• 2:00 p.m. Permitting and Restricting Access to the Museum Facility or Collections – Mss. Brick, Browne, and Walthall
• 3:00 p.m. Access to Museum Information: A Case Study – Mr. Frankel
• 3:30 p.m. Access to the Museum: Questions and Answers
• 3:45 p.m. Networking Break
• 4:00 p.m. Preventive Planning and Emergencies, including Terrorism – Messrs. Faulk and Troccoe
• 5:00 p.m. Adjournment for the Day
• 6:00 p.m. Networking Reception for Registrants and Faculty at the Asian Art Museum, 200 Larkin Street (between Fulton and McAllister Streets). This reception is hosted by Sidley Austin Brown & Wood LLP and by Citigroup Global Markets Inc.

Thursday, March 31, 2005

• (Morning Session at the San Francisco Museum of Modern Art, 151 Third Street (between Mission and Howard Streets))
• The Global Museum in an Evolving World
• 9:00 a.m. When Museums Collaborate Across Borders: The Limits of Tax Exemption, Copyright Exceptions, and Other International Issues – Mss. Del Valle, Scovell, and Ward
• 10:00 a.m. Beyond Copyright: What To Know about Right of Publicity, Droit Moral, and Right of Privacy – Messrs. Frankel and McCarthy and Ms. Pallante-Hyun
• 11:00 a.m. Networking Break
• 11:15 a.m. Legal Issues in the Acquisition, Exhibition, and Preservation of New Media Works – Mss. Oliver, Pallante-Hyun, Scovell, and Sterrett
• 12:00 noon Global World: Questions and Answers
• 12:15 p.m. Lunch Break (on your own)
• (Afternoon Session at the Argent Hotel)
• 2:00 p.m. Concurrent Sessions
• Rights Management: Building a Rights Database: Basic Issues, Challenges, and Applications for Art Museums – Mss. Bartle, Spelman, and Zorich
• Cultural Property Update – Ms. DeAngelis and Messrs. Clark and Stauber
• Ethics: Crossing the Line from Counselor to Consultant – Professor Hazzard and Messrs. Huerta and Steele
• 3:00 p.m. Concurrent Sessions
• Rights Management: Building a Rights Database: Basic Issues, Challenges, and Applications for History and Science Museums – Mss. Spelman and Zorich and Mr. Feichtmeir
• Developing a Traditional Care Policy – Mss. Grant and McQuillen
• Insurance and Risk Management –Messrs. McVeigh and Mialocq and Ms. Teichman
• 4:00 p.m. Networking Break
• 4:15 p.m. Barnes Litigation Update - Mr. Urice
• 4:35 p.m. Litigation Update – Mr. Clark
• 5:20 p.m. Adjournment for the Day
• 6:00 p.m. Networking Reception for Registrants and Faculty at the San Francisco Museum of Modern Art, hosted by Huntington T. Block Insurance Agency, Inc.
• Friday, April 1, 2005 (at the Argent Hotel)
• 8:30 a.m. Continental Breakfast
• Governance and "Corporate" Responsibilities Issues for Museums
• 9:00 a.m. The Collection as a Commodity: Legal and Ethical Implications – Ms. DeAngelis and Messrs. Crosson and Larkin
• 9:45 a.m. Lessons from the Nature Conservancy and Other Cases of Trustee Conflicts and Ethical Breaches – Mr. Urice
• 10:45 a.m. Networking Break
• 11:00 a.m. Legislative Update – Ms. Grant
• 11:30 a.m. Tax-Exempt Organizations in the Spotlight: The Impact of Current Tax Issues on Museums, including the Grassley Hearings, Gifts of Property, and Executive Compensation – Mr. Hall and Mss. Roady and Shaines
• 12:30 p.m. Inspired by the Collections: The Unrelated Business Income Tax and Museum Merchandise – Mss. Machin, Roady, and Shaines
• 1:00 p.m. Governance: Questions and Answers
• 1:30 p.m. Adjournment

Total 60-minute hours of instruction:

Educational Objective: Development of initial level of competency; acquisition of knowledge and skills; maintenance of professional competence; provision of information on recent legal developments

Level of Instruction: Orientation

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Here's what registrants have said about this course:

I have attended legal conferences for over 18 years. This conference is consistently excellent in comparison to other conferences/seminars I have attended due to the following factors: good facilities, quality materials, engaging speakers, in-depth treatment of subjects, and no ‘posturing’ by speakers from the private sector.

This was an excellent conference. The speakers were knowledgeable and well prepared; their advice was both practical and broad (not always easy to do). This is really a model of what a conference should be.

This course was an amazing experience. As a non-lawyer, I wasn’t quite sure what I was getting into, but even the very legal discussions were presented in a comprehensible way.

Fantastic. Some great speakers who know their stuff.