8:00 – 8:30 a.m.
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.
9:25 – 10:40 a.m.
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.
10:50 – 12:05 p.m.
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.
12:15 – 1:15 p.m.
1:15 – 1:25 p.m.
1:25 – 2:40 p.m.
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.
2:50 – 4:05 p.m.
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.
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.