Legal Issues in Museum Administration

  • Cosponsored by The Smithsonian Institution with the cooperation of the American Association of Museums

Shipped to you: Printed Coursebook | MP3 CD-ROM | DVD Video

Available Online: Online CLE | MP3 Downloads | Coursebook

What You Will Learn

Legal Issues in Museum Administration 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 structured so 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. Although all questions are presented from the legal point of view, 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 Committee (also on faculty)

Lauryn H. Guttenplan, Associate General Counsel, Smithsonian Institution, Washington, District of Columbia, Program Co-Chair

Maureen Whalen, Associate General Counsel, J. Paul Getty Trust, Los Angeles, California, Program Co-Chair

 Lawrence H. Berger, General Counsel, Philadelphia Museum of Art, Philadelphia, Pennsylvania

Craig Blackwell, Assistant General Counsel, Smithsonian Institution, Washington, D.C., Faculty Coordinating Co-Chair

James R. Gilson, Vice President and General Counsel, Natural History Museum of Los Angeles County, Los Angeles, California, Arrangements Chair

Fredric H. Goldstein, General Counsel, Los Angeles County Museum of Art, Los Angeles, California, Faculty Coordinating Co-Chair

Julian F. Saenz, Associate General Counsel, National Gallery of Art, Landover, Maryland

Gail Ravnitzky Silberglied, Director of Government Relations, American Association of Museums, Washington, D.C.

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Faculty

Ellen V. Benson, Ropes & Gray LLP, Boston, Massachusetts

Rachelle V. Browne, Associate General Counsel, Smithsonian Institution, Washington, District of Columbia

Stephen W. Clark, Vice President, General Counsel, and Secretary to the Board of Trustees, The J. Paul Getty Trust, Los Angeles

Brendan M. Connell, Jr., Director and Counsel for Administration, The Solomon R. Guggenheim Foundation, New York, New York

Sharon H. Cott, Senior Vice President, Secretary and General Counsel, The Metropolitan Museum of Art, New York, New York

Kenneth D. Crews, Director of Copyright Advisory Office, Columbia University-Libraries Information Services, New York, New York

Jeffrey P. Cunard, Debevoise & Plimpton LLP, Washington, D.C.

Peter C. Erichsen, Ropes & Gray LLP, Boston, Massachusetts

Ward Farnsworth, Professor of Law, Boston University School of Law, Boston, Massachusetts

Francine Flynn, Senior Associate Registrar, Havard University Art Museums, Cambridge, Massachusetts

Deborah Hurley, Chair, Board of Directors, Electronic Privacy Information Center, Sherborn, Massachusetts

Mattie Kelley, Director of Collections Management and Senior Registrar, Sterling and Francine Clark Art Institute, Williamstown, Massachusetts

Donna E. Kepley, President, Arctic International LLC, Washington, D.C.

Stephen J. Knerly, Jr., Hahn Loeser + Parks LLP, Cleveland, Ohio

Thomas Krens, Former Director and Senior Advisor for International Affairs, The Solomon Guggenheim Museum, , New York

Julia A. McCarthy, Manager of Collections Documentation, Museum of Fine Arts, Boston, Massachusetts

Nancy J. Moore, Professor of Law, Boston University School of Law, Boston, Massachusetts

Beverly A. Morgan-Welch, Executive Director, Museum of African American History, Boston, Massachusetts

Stephen M. Nolan, Nolan Sheehan Patten LLP, Boston, Massachusetts

Hope O'Keeffe, Associate General Counsel, Library of Congress, Washington, D.C.

Carolyn M. Osteen, Ropes & Gray LLP, Boston, Massachusetts

Maria Pallante, Associate Register for Policy and International Affairs, U.S. Copyright Office, Washington, D.C.

Jan Postma, Chief Financial Officer, The Museum of Modern Art, New York

Marsha S. Shaines, Acting General Counsel, Smithsonian Institution, Washington, District of Columbia

Matthew Siegal, Chair, Conservation and Collections Management, Museum of Fine Arts, Boston, Massachusetts

Nikolai Sklaroff, Managing Director and Head of Cultural Institutions Investment Banking, Loop Capital Markets LLC, San Francisco, California

Johanna Soris, Assistant Attorney General, Office of the Massachusetts Attorney General, Boston, Massachusetts

Lew Stevens, Senior Curator, Living Collections, Museum of Science, Boston, Massachusetts

Brenda M. Ulrich, The Law Office of Zick Rubin, Newton, Massachusetts

Stephen K. Urice, Associate Professor of Law, University of Miami School of Law, Coral Gables, Florida 

Adine K. Varah, Deputy City Attorney, City and County of San Francisco, California

Nina Zannieri, Executive Director, The Paul Revere House, Boston, Massachusetts

Andrew J. Zino, Comptroller, Smithsonian Institution, Washington, D.C.

 

ALI-ABA Staff Attorney:  Kevin J. O'Connor, Senior Assistant Director, Office of Courses of Study

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SPECIAL SCHOLARSHIP ASSISTANCE

A limited number of full tuition scholarships are available for those who cannot attend Legal Issues in Museum Administration without financial support. Persons interested in applying for scholarship assistance should submit a statement justifying their scholarship request and a personal resume to: Museum Scholarships, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA 19104-3099. For those who prefer to email their information, please send that to smccarthy@ali-aba.org. Scholarships are awarded on the basis of professional relevance and financial need. Scholarship applications must be received by Friday, February 13, 2009.

Program Schedule

TUESDAY, March 31, 2009

4:00 - 6:00 p.m. Early Registration

WEDNESDAY, APRIL, 1, 2009

7:00 a.m. Registration and Continental Breakfast (At the Boston Seaport Hotel)

WEBCAST SEGMENT A

8:00 a.m. From Contact to Contract: Introduction to Contract Law - Mr. Farnsworth

8:45 a.m. Coffee Break

9:00 a.m. Introductory Remarks - Mss. Guttenplan and Whalen

9:15 a.m. Gifts from A to Z - Mr. Berger (Moderator) and Mss. McCarthy and Osteen

10:00 a.m. Enforcement of Gifts and Pledges: Standing and Other Issues - Mr. Blackwell (Moderator) and Mss. Osteen and Soris

10:45 a.m. Q&A

11:00 a.m. Coffee Break

11:15 a.m. Loans: Domestic and International Issues - Mss. Varah (Moderator) and Flynn and Mr. Knerly

12:15 p.m. Q&A

12:30 p.m. Lunch (networking lunches--not recorded or webcast)

WEBCAST SEGMENT B

2:00 p.m. Museum Challenges in Financially Troubled Times - Messrs. Berger, Postman, and Sklaroff

3:00 p.m. Tax and Legislative Update - Ms. Shaines and Mr. Blackwell

4:00 p.m. Coffee Break

4:15 p.m. Policy and Research Update - Mr. Urice

4:45 p.m. Litigation Update - Mr. Clark

5:30 p.m. Adjournment for the Day

6:00 p.m. Networking Reception at the Institute of Contemporary Art/Boston

THURSDAY, APRIL, 2, 2009

7:30 a.m. Continental Breakfast

WEBCAST SEGMENT C

8:00 a.m. Legal Ethics - Ms. Moore and Mr. Erichsen

9:00 a.m. Break

9:15 a.m. Keynote Address: The Global Museum - Mr. Krens

10:00 a.m. Cultural Property and Provenance: What's New About What's Old? - Ms. Cott and Messrs. Goldstein (Moderator), Urice and Knerly

11:00 a.m. Q&A

11:15 a.m. Coffee Break

11:30 a.m. International Employees, Contractors, Fellows and Interns: Visa, Tax and Related Issues - Mss. Guttenplan (Moderator) and Kepley and Mr. Willis

12:30 p.m. Q&A

12:45 p.m. Lunch (on your own)

WEBCAST SEGMENT D

2:00 p.m. Concurrent Sessions:

New IRS Form 990: Nuts and Bolts - Ms. Shaines and Mr. Zino

Personnel issues: Ask the Lawyer - Ms. Benson and Mr. Connell*

Intellectual Property: Ask the Lawyer - Mss. Pallante and Whalen*

3:00 p.m. Networking Break

3:15 p.m. Concurrent Sessions:

Collection and Risk Management: Ask the Experts - Mss. Kelley and Varah and Mr. Siegal*

Privacy Exposed: Protecting Personal Information of Visitors, Users, Employees and Others - Mss. Hurley and O'Keeffe and Mr. Connell (Moderator)

The Unique Challenges of Small and Single Subject Museums - Mss. Morgan-Welch and Zannieri*

4:15 p.m. Networking Break

4:30 p.m. Living Exhibitions and Collections: Permits, Procedures and Public Relations
Mr. Stevens

5:00 p.m. Q&A

5:15 p.m. Adjournment for the Day

6:00 p.m. Networking Reception for Registrants and Faculty at the New England Aquarium 

 FRIDAY, APRIL, 3, 2009

7:30 a.m. Continental Breakfast

WEBCAST SEGMENT E

8:00 a.m. Introduction to International Intellectual Property - Mr. Cunard

8:45 a.m. Break

9:00 a.m. International Fair Use and Other Copyright Developments - Mes. Browne (Moderator) and Pallante and Mr. Crews

10:00 a.m. Q&A

10:15 a.m. Coffee Break

10:30 a.m. Live Performances at the Museum and Their Re-Use - Mss. Browne (Moderator) and Ulrich and Mr. Cunard

11:30 a.m. Social Networking Sites: Managing the Museum's Presence and Content - Mss. Guttenplan and O'Keeffe

12:15 p.m. Q&A

12:30 p.m. Closing Remarks and Adjournment

 

* These sessions will not be recorded or webcast.

 

 

SPONSORS

ARIS

Caplin & Drysdale, Chartered

Aon Huntington T. Block Insurance

Nixon Peabody LLP

Ropes & Gray LLP

Willis Fine Art, Jewelry & Specie

 

Total 60-minute hours of instruction: 18.25 including 1 hour of ethics

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Here's what registrants have said about this course:
"One of the best LIMA programs - really good speakers and materials. Kudos to the organizing committee."

"Course is fantastic - as always. I appreciate and value that the speakers are truly on the cutting edge of developments in museum and art law. I leave feeling as though I have my fingers on the pulse of what is happening."

"This is my first ALI-ABA course in six years and I wonder why it took me so long to return. There is always more information in one day at this course than all other courses put together."

"This is my fourth LIMA conference and I believe it gets better every time!"

"I thought that faculty, topics and materials provided were of very high quality. The facilities and service provided to conference attendees was excellent."

"I thought that the conference was very worthwhile and valuable to my work. The speakers were engaging, informative, and well prepared. I was very impressed by the scope of the conference - so much covered in just two and a half days!"

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Course Details

Free PodCast

Listen to "Collecting on Public Lands – Permits, Compliance, and Law Enforcement" from the program Legal Issues in Museum Administration originally presented April 2-4, 2008

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