Association Law Symposium

Association Law Symposium

Event Information

Date(s):

Jun 04, 2019 - Jun 04, 2019

Time:

8:00 AM - 5:00 PM

Location:

The Mayflower Hotel

1127 Connecticut Ave NW
Washington, DC 20036
United States

CAE Hours:

6

Levels:

Strategic

Member Price:

$695.00

NonMember Price:

$895.00

Access Points:

14

Description

The Association Law Symposium is the premiere event for association legal professionals and senior-level association executives who need to stay up to date on legal and regulatory matters relevant to associations today. Join subject-matter experts and engage with peers to explore a variety of topics with legal implications. Register today to:

  • review updates on legislative developments, regulatory changes, and court precedents and determine how they are likely to affect your association’s day-to-day operations and long-term strategic planning.
  • evaluate critical and evolving legal issues at both the state and national level.
  • examine current best practices to avoid legal liability.
  • develop a network of in-house or outside counsel and senior-level association executives.

To receive continuing legal education credits, participants will need to submit all documentation to their accrediting states for approval.

  • Agenda

    • 8:00 – 8:30 a.m.
      Registration/Continental Breakfast

      8:30 – 9:15 a.m.
      Welcome Remarks & Opening Keynote
      2019 Political Landscape: Issues that Impact Associations

      From cleanup of the 2017 Tax Cuts and Jobs Act to legal hurdles for Association Health Plans, big-ticket policy issues abound for associations in 2019. Hear the latest legal and regulatory developments on issues such as UBIT on employee transportation costs, attacks on professional certification, state online privacy, the DOL’s overtime rule, nonprofit political activity, and lobbying reform. Learn how these issues and others will affect your organization and the association community.

      9:15 – 9:25 a.m.
      Break

      9:25 – 10:40 a.m.
      Education Sessions
      Executive Employment Agreements: New Tax Law, New Challenges

      Although it’s been more than a year since the Tax Cut and Jobs Act was passed, nonprofit tax-exempt organizations are still struggling to understand the practical implications of the changes that apply to them, including those related to executive compensation. This session will focus on the compensation and benefits components of an executive employment agreement and identify risks under the new law. In addition, it will address compensation structure, negotiation, and severance. Finally, the presenters will review general employment agreement and agreement termination considerations, tips and best practices.

      Exploring the Opportunities and Risks of Association Political Activity
      The next two years are a critical time for associations that are or expect to be politically active. Congress is considering many key issues this year, and attention will turn next year to the presidential and congressional elections. Association leaders must understand the rules of the road in order to avoid common pitfalls and take advantage of opportunities to achieve their advocacy goals. This session will be led by the head of government affairs for a major trade association and a political law practitioner. Topics will include the rules governing political contributions and related candidate support and advocacy activities; lobbying registration and reporting obligations, and how to make use of regulatory exceptions; and understanding the restrictions and flexibilities in government ethics rules.

      10:40 – 10:50 a.m.
      Break

      10:50 – 12:05 p.m.
      Education Sessions
      Data Privacy and Security: What’s Next, Even if You Ignored GDPR

      The European Union (EU) General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Any company that markets products and services to the EU or holds data on EU citizens is subject to GDPR, and noncompliance can result in sanctions or fines totaling millions of dollars. Despite these potentially damaging consequences, some associations remain confused about how the law applies, dismiss its impact, or have otherwise delayed implementation. In addition, since GDPR was enacted, several U.S. states, including California, have enacted their own privacy legislation. Learn how different associations conducted GDPR Gap Assessments and learned what measures to put into place to achieve compliance with GDPR and examine how to comply with current and upcoming U.S. laws.

      In-House Counsel: Strategies for Success
      In-house lawyers often take on many roles in the same day, including diplomat, clairvoyant, and juggler. They serve professional or trade associations as their sole client, yet members and staff compete for their “unofficial advice.” Join an experienced panel of in-house counsel and association executives for an interactive session. Learn practical, timely guidance on when to use in-house counsel versus outside counsel, tips for busting your daily problems, and other processes and strategies for success.

      12:05 – 12:15 p.m.
      Break

      12:15 – 1:15 p.m.
      Networking Lunch

      1:15 – 1:25 p.m.
      Break

      1:25 – 2:40 p.m.
      Education Sessions
      Key International Issues for Associations

      Many associations are pursuing opportunities in the global market to grow their international presence. This session will review the legal issues associations need to know about when their business operations extend internationally, such as activities relating to engaging international members and chapters, NGO regulations, forming collaborative partnerships, licensing content to a global audience and other intellectual property issues, and setting up subsidiaries overseas. The goal for the session is to offer practical tips on a wide range of issues from the legal and business risk perspectives.

      How UBIT and Other Tax Implications Can Affect Your Joint Venture Idea
      When your staff comes to you with a proposal for a collaboration with a new vendor, it’s important to consider whether there are hidden tax issues that you need to work through before moving forward. The tax-related topics of UBIT and its exceptions, private inurement, private benefit, and joint venture are not topics that should be delegated to accountants to figure out at the end of a deal. Instead, these concepts are crucial to know and understand at the start of negotiations. Doing this will help you to navigate and structure contracts, revenue-generating activities, and collaborations so you can avoid compliance issues and save your association in taxes and penalties. This session will offer practical advice on how to apply these concepts to your association's activities and future collaborations.

      2:40 – 2:50 p.m.
      Break

      2:50 – 4:05 p.m.
      Education Sessions
      Protecting The Board, Staff and Organization: Don’t Wait Until It’s Too Late

      Educating your leadership, members and staff goes much further than the annual orientation or employee and volunteer on-boarding programs used in many organizations. Today’s not-for-profit environment requires foresight, preparation and education focused on behaviors that can escalate from a seemingly innocuous act to litigation and/or a public relations disaster. This session will provide you with background on recent litigation and what you need to do to ensure that you and your legal counsel understand how to educate the organization. At the end of this session, you will be able to assess if your members and staff are receiving the education and tools to help avoid and properly address improper behavior, discrimination or harassment; develop and implement the core elements of a Code of Conduct for your organization; and provide action guidelines for those who feel they have been victims of, or have witnessed improper behavior, discrimination or harassment.

      Copyrights and Trademarks: What Every Association Needs to Know
      It’s more important than ever to take proactive measures to manage valuable content and your brand and to avoid infringing on others’ copyright and trademark rights. Many association executives don’t appreciate the often counter-intuitive nuances of intellectual property law or the pitfalls of failing to address them. In addition, the role of members and other volunteers in the association setting poses its own set of intellectual property challenges and requires proactive solutions. In this Q&A-oriented session, you’ll have the opportunity to ask your own questions to a seasoned association attorney steeped in this area as he highlights common traps and pitfalls, discusses best practices in the association community, and gives you thoughtful, practical, real-life guidance.

      4:05 – 4:15 p.m.
      Break

      4:15 – 5:00 p.m.
      Lightning Round – Expert Responses to Your Pressing Questions
      In this popular, rapid-fire session, hear a panel of experienced association law experts address even more of the thorny issues your association or clients are facing. Responding to a combination of hot issues of the moment and questions submitted by attendees, our moderator will mine the panel’s expertise to deliver valuable advice on current legal issues and their implications for associations.

  • Speakers

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      George E. Constantine III, Esq.

      George E. Constantine represents numerous trade and professional associations as a partner in the District of Columbia headquarters office of Venable LLP. Venable, comprised of 500-plus lawyers, is widely regarded as the country’s premier law firm in tax-exempt organization representation, particularly in the trade and professional associations arena. George works extensively on tax, governance, and transactional matters for association clients, providing counseling to hundreds of associations and other tax-exempt organizations. George is the former Staff Counsel of the American Society of Association Executives (ASAE), the national society for trade and professional association executives. George is a frequent author and speaker on legal topics of relevance to the association community.

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      Mary Kate Cunningham, CAE

      Mary Kate Cunningham, CAE serves as Vice President of Public Policy at ASAE. In this role she oversees ASAE’s advocacy efforts on behalf of 44,000 association professional and industry partner members on state and federal policy issues. Prior to this role, she worked for the House Armed Services Committee. She serves as a member of the Tax Coalition and the Truman National Security Project. Cunningham earned the Certified Association Executive (CAE) designation from ASAE in July of 2017. Originally from Arizona, Cunningham graduated with her Masters in Strategic Security Studies from the National Defense University. She received her Bachelor’s degree from The Catholic University of America where she studied Political Science.

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      Dorothy Deng

      Dorothy Deng is a partner at the law firm Whiteford, Taylor & Preston, LLP. She is a member of the firm’s nonprofit and association section and has substantial experience in assisting nonprofit organizations and associations on a variety of legal issues, including governance, intellectual property, social media, privacy, and international operations. She served on ASAE’s international section council from 2015~2017. Her publication includes “How associations can protect their content rights before going global”, “China’s overseas NGO law: next steps for associations”, and “Guidelines on the territorial scope of the GDPR: 5 takeaways for U.S.-based associations and nonprofit organizations.”

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      Jerald A. Jacobs, Esq.

      Jerald A. Jacobs is a partner with the Pillsbury law firm in Washington, DC and head of the firm’s Nonprofit Organizations Practice. He has served as General Counsel to ASAE for more than twenty years. Jerry has produced a dozen books on nonprofit organization law, including the Association Law Handbook, 6th Edition, The Legal Guide to Nonprofit Mergers and Joint Ventures, Certification and Accreditation Law Handbook, 3rd Edition, and Legal Duties for Directors, all published by ASAE.

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      Laura Kalick, JD and LLM in Tax

      Laura Kalick Laura Kalick is founder of Kalick Law LLC where she advises all kinds of nonprofit organizations about tax issues, transactions, governance and structuring. She has over 35 years of experience in both the government and private sectors, including the IRS National Office, the US Senate, and large accounting and law firms. Laura was in charge of the National Nonprofit & Healthcare Tax Consulting practices at BDO and was the National Director of Nonprofit and Healthcare Tax Services at Coopers & Lybrand (now PwC). Laura has her undergraduate degree from the University of Michigan, went to law school at George Washington University and has an LLM in Taxation from Georgetown University. Laura is on the board of trustees of the Environmental and Energy Study Institute.

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      James A. Kahl

      Jim Kahl is a partner in the Washington, DC, office of Whiteford, Taylor & Preston and is cochair of the firm’s political law practice. He represents corporations, trade associations, advocacy groups, and tax-exempt organizations, as well as political action committees, ballot committees, and other political committees, regarding federal and state campaign finance, lobbying, and government ethics laws and regulations. Jim previously served as deputy general counsel of the Federal Election Commission and is a frequent speaker and author on campaign finance and other political law issues.

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      Lorraine Lavet

      Ms. Lavet is a Senior Client Partner in the Washington, D.C. and Northern Virginia offices of Korn Ferry, the largest global executive search and talent company. For over 15 years, she has led the firm’s National Association Practice. She specializes in the recruitment of CEOs and senior-level executives for associations and nonprofits. She has placed nearly 175 CEOs and Executive Directors of Associations, Professional Membership Organizations, and Nonprofits. Prior to Korn Ferry, she held senior leadership roles for the American Electronics Association, U.S. Chamber of Commerce, and Northern Virginia Chamber of Commerce. She holds an MBA and BBA from The George Washington University.

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      Rhonda Lees, Esq., CAE

      Rhonda Lees is a legal and nonprofit executive, and is a Senior Counsel at the American Bankers Association. She previously served as Vice President of Legal Affairs and Administrative Services and Interim Head of Human Resources at the American Diabetes Association. Rhonda is active in the Legal Section of ASAE, and is an immediate past Chair of the Council. She is also on the board of the Association of Corporate Counsel, National Capital Region. After receiving her law degree from Pace University School of Law, she received from ASAE and currently maintains her CAE credential.

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      Dina Michels, Esq.

      Dina Michels is Chief Legal & Personnel Officer of the American Society of Clinical Oncology (ASCO). With some 45,000 members worldwide, ASCO is the world's leading organization for those involved in cancer research and treatment. Dina is responsible for ethics and conflicts of interest, contracts and transactions, intellectual property protection, litigation, compliance, and corporate governance. A Senior Vice President and member of ASCO's Executive Leadership Team, Dina also oversees ASCO's Human Resources and International Affairs departments. Before joining ASCO in 2006, Dina was a partner with Ropes & Gray LLP. Dina is a graduate of Harvard College and Georgetown University Law Center.

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      Julia Judish

      Julia Judish is Special Counsel with Pillsbury’s Employment and Non-Profit Organizations practices, with over two decades of experience serving as a trusted advisor on all facets of the employment relationship and on nonprofit governance. Julia provides critical and strategic counseling to nonprofit organizations and private-sector employers. She regularly advises on legal compliance, personnel best practices, employment contracts, and resolution of sensitive employee disputes, as well as ADA accessibility, credentialing, affirmative action, diversity and inclusion, governance, ethics and disciplinary codes, fiduciary duties and related areas. Julia graduated cum laude from Harvard Law School and is the recipient of multiple honors for excellence in legal services.

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      Megan Olsen

      Megan Olsen provides legal counsel and advice to the Council for Responsible Nutrition’s staff and members in the areas of legislation, regulatory compliance and advocacy, and international policy development. In addition, she works with CRN’s science department to prepare challenges to dietary supplement advertising through CRN’s Advertising Review Program with the National Advertising Division (NAD). Prior to joining CRN, Ms. Olsen held the position of special counsel for Wiley Rein LLP in Washington, D.C. and was senior counsel for Walgreens.

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      Oliver Krischik

      Oliver Krischik is an attorney at GKG Law, P.C. who works with GKG Law’s Associations Practice Group, advises trade associations, tax-exempt organizations, and for-profit corporations on issues involving data privacy and the European Commission’s General Data Protection Regulation (“GDPR”). Since the GDPR went into effect on May 25, 2018, Oliver has helped U.S. associations and other international companies assess risks and current compliance with the GDPR, develop data privacy compliance programs, draft and negotiate data protection addendums to contracts with third parties, draft privacy policies and terms of use, implement changes in how data is collected and processed, comply with the U.S.-EU Privacy Shield Framework maintained by the Department of Commerce, and address a range of fact-specific GDPR issues. In addition, Oliver has years of experience assisting companies of all types in addressing compliance and enforcement issues surrounding a variety of sweeping regulatory regimes with extra-territorial reach, such as U.S. economic sanctions, U.N. economic sanctions, U.S. export controls, and U.S. anti-money laundering laws.

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      Michael A. Clark, Esq.

      Michael A. Clark is a partner in Sidley’s Chicago office and a co-leader of the Non-Profit Institutions practice area team. Michael has experience in representing clients with respect to federal income tax controversies in litigation and in negotiations with the Internal Revenue Service. He is an Adjunct Lecturer at DePaul University College of Law and an Adjunct Professor of Taxation at Chicago Kent College of Law, where he teaches graduate tax courses on tax exempt organizations. Michael has been a member of the Council of the American Bar Association Section of Taxation (2010-13); a fellow of the American College of Tax Counsel; and past Chair of the American Bar Association Section of Taxation Exempt Organizations Committee (former Chair, Intermediate Sanctions Subcommittee and current Co-Chair, Audit and Appeals Subcommittee). He is also a very active member of several committees of the Chicago Bar Association, the American Health Lawyers Association, The American Bar Health Law Section, ASAE and other Tax Law Groups. He also has extensive experience as tax counsel for tax-exempt organizations, including trade and professional associations.

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      Jeffrey S. Tenenbaum, Esq.

      Jeff Tenenbaum is one of the nation's leading nonprofit attorneys, and also is an accomplished author, lecturer, and commentator on nonprofit legal matters. As Chair of the nonprofit practice in the Washington, DC office of the Lewis Baach Kaufmann Middlemiss law firm, Jeff counsels his clients on the broad array of legal issues affecting trade and professional associations, charities, and other nonprofits. For 19 years, Jeff practiced law at the Venable law firm and chaired its nonprofit practice for most of that time. Among numerous other honors and awards, Jeff was the 2006 recipient of the American Bar Association's Outstanding Nonprofit Lawyer of the Year Award, and is one of only four lawyers in the prestigious U.S. Legal 500’s Not-for-Profit "Hall of Fame." Jeff is the author of the ASAE-published book, Association Tax Compliance Guide, and currently serves as Chair of the American Bar Association’s Trade and Professional Associations Subcommittee and on the ASAE Legal Section Council and Public Policy Committee.

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      Larry C. Smith, Esq., CAE

      Larry Smith is Executive Director and a Principal in the Chicago office of IIB Association Group, an association management and consulting firm. He advises association executives, staff, and boards on policy and governance issues, and the firm also serves as an association management company for smaller associations. Larry has served as an Executive Director at several large legal professional associations, and as COO for a large medical association, and is both a licensed attorney and Certified Association Executive (CAE). Long an active ASAE volunteer, he currently serves as Vice Chair of the ASAE Legal Section, and is a frequent writer and speaker on association management topics.

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      Michelle Stanley

      Michele Stanley is the vice president of government and regulatory affairs at The National Stone, Sand & Gravel Association. Stanley has been with NSSGA for more than four years, during which time she helped make the association a leading advocate for the aggregates industry and infrastructure investment. Stanley has more than 15 years of experience in public policy and political advocacy. Most recently, she was the senior director of government affairs at NSSGA, and before that was a government affairs director at the National Asphalt Pavement Association. Prior to working at infrastructure-focused associations, she worked as a legislative assistant and scheduler for Rep. Peter King (R-N.Y.) and former Congressman Jim Nussle. Stanley holds a degree in political science and management from Luther College and a certification in PAC management from The George Washington University.

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      Sandra Swirski

      Sandra G. Swirski is an attorney with almost three decades of public policy experience. Ms. Swirski advised two senior U.S. Senators, was an executive at Mobil Corporation, counseled multinational clients at EY, and founded two government affairs firms in Washington, DC, including Urban Swirski & Associates. Her practice focuses on advising Fortune 500 executives and leaders of nonprofit organizations on federal, state, and local advocacy, strategic positioning, crisis communications advice, and political strategy direction. She is a frequent guest speaker both nationally and internationally on public policy and political strategy, and is a regular contributor to Wealth Management, recently receiving the Law360 Distinguished Legal Writing Award as part of the 2018 Burton Award for Distinguished Writing.

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      Raquel Tamez

      Raquel Tamez is the CEO of SHPE (Society of Hispanic Engineers), the premier member organization serving more than 10,000 Hispanics in STEM nationwide. Prior to SHPE, Raquel was the Chief Legal Officer for SourceAmerica, a national nonprofit agency. Before that, she was Deputy General Counsel of Global Litigation at CSC, a global leader in IT. Raquel serves on the Board of Directors for CESSE, the Hispanic Association of Corporate Responsibility, and the STEM Education Coalition, and acts as an advisor for many other industry organizations. A graduate of the University of Texas at Austin and St. Mary’s University School of Law.

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      Kelly DeMarchis Bastide

      Kelly DeMarchis Bastide advises and represents clients on issues related to consumer data privacy and security, and e-commerce. Kelly counsels on compliance with federal and state marketing, e-commerce, privacy, security, and advertising laws and regulations. She has extensive experience with European Union data protection, including the General Data Protection Regulation (GDPR), the ePrivacy Directive, and the EU-U.S. Privacy Shield. In addition, Kelly frequently advocates on behalf of clients in ongoing regulatory compliance matters and investigations in the areas of privacy, data security, and consumer protection and is involved in matters before the Federal Trade Commission (FTC) and state attorneys general.

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      Amy Bess

      Amy L. Bess is a Shareholder in the D.C. Office of Vedder Price, PC, and serves as the Chair of Labor and Employment Practice Area for the firm as well as a member of its Board of Directors. She has over thirty years of experience providing legal advice and counsel to employers in all aspects of the employment relationship, and she regularly defends litigation involving discrimination, sexual harassment, breach of contract, restrictive covenant violations and other claims. Ms. Bess regularly provides workplace training to employers to help them maintain productive and legally compliant workplaces that are free of discrimination and harassment. She is a frequent writer, speaker and trainer on topics involving legally compliant workplaces and organizations, most recently supporting organizations, boards and employers in the era of #MeToo.

  • Policies

    • Our Guarantee

      Our goal is to provide truly exceptional offerings and service, and we won't be happy until you are. If any programs, products or services of ASAE do not fulfill our promise, we will make the situation right.

      Cancellation, Refund & Substitution Policy

      Submit all requests to ASAE Registration via email at [email protected] All registration cancellations and refund requests must be made in writing by May 28, 2019, to receive a full refund, less a $75 administrative fee. Refunds cannot be approved for requests received after this date, to include no-shows. Substitutions are gladly accepted at any time. Badge sharing, splitting, and reprints are strictly prohibited.

      Event Cancellation or Postponement

      ASAE reserves exclusive right to modify, postpone/reschedule or cancel programs for any reason, including but not limited to emergency, inclement weather or other 'acts of God.' If there is an event cancellation, every attempt will be made to reschedule, and registration fees will be applied to the rescheduled event date. Any travel, lodging, or incidental expenses incurred related to a cancelled event cannot be refunded under any circumstances. If a cancelled event cannot be rescheduled, ASAE will determine an equitable basis for the refund of a portion or all of the registration fees, after due consideration of circumstances and expenditures.

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      Registration and attendance at, or participation in, ASAE meetings and other activities constitutes an agreement by the registrant to the use and distribution of the registrant or attendees' image or voice in photographs, videotapes, electronic reproductions and audiotapes of such events and activities by ASAE and other third parties, including but not limited the venue, the host city and the host CVB.