Legal Issues in Museum Administration - CLE, Continuing Legal Education - ALI
Legal Issues in Museum Administration
  • Cosponsored by: The Smithsonian Institution with the cooperation of the American Association of Museums

    38th Annual ALI-ABA Course of Study and Video Webcast

  • Wednesday-Friday
  • March 24-26, 2010
  • Miami Beach Convention Center
  • Miami Beach, FL
Register Now!

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

Available Online: | Coursebook

Free PodCast

Listen to "Museum Challenges in Financially Troubled Times" from the program Legal Issues in Museum Administration originally presented April 1-3, 2009

What You Will Learn

Legal Issues in Museum Administration helps museum directors, administrators, trustees, legal counsel, and others concerned with museum operations understand the legal issues they will encounter. The focus is on practical ways to avoid or solve 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.

 Although primary emphasis is on new materials, the course is structured so that considerable familiarity with the subject matter is not required. 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, The Smithsonian Institution, Washington, D.C., Program Co-Chair

Craig Blackwell, Assistant General Counsel, The Smithsonian Institution, Washington, D.C., Program Co-Chair

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

Rebecca Gideon, Assistant Counsel, The Metropolitan Museum of Art, New York, Arrangements Chair

Fredric H. Goldstein, Vice President, General Counsel and Secretary, Los Angeles County Museum of Art, Los Angeles, Faculty Co-Chair

Erik Ledbetter, Director, International Programs, American Association of Museums, Washington, D.C.

Julian F. Saenz, Associate General Counsel, National Gallery of Art, Washington, D.C., Faculty Co-Chair

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

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Nancy R. Adelson, Deputy General Counsel, Museum of Modern Art, New York

Gregory W. Bush, Associate Professor of History, University of Miami, Coral Gables, Florida

Michael W. Carroll, Professor of Law and Director, Program on Information Justice and Intellectual Property, Washington College of Law, American University , Washington, D.C.

Angel Castillo, Jr., Jackson Lewis LLP, Miami

Stephen W. Clark, Vice President, General Counsel & Secretary, The J. Paul Getty Trust, Los Angeles

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

Michael J. Cooney, Nixon Peabody LLP, Rochester, New York

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

Stephen J. Knerly, Jr., Hahn Loeser & Parks LLP, Cleveland

Henry Lanman, Associate General Counsel, Museum of Modern Art, New York

Cathy Leff, Director, The Wolfsonian-Florida International University Museum, Miami Beach

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

Michael W. Peregrine, McDermott, Will & Emery, Chicago

Robert E. Rosen, Professor of Law, University of Miami School of Law, Coral Gables, Florida

Christopher M. Runkel, Senior Counsel, National Archives and Records Administration, College Park, Maryland

Nancy Russell, Head Registrar, Los Angeles County Museum of Art, Los Angeles

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

Eve Sinaiko, Publishing Consultant, New York

Jonathan Schwartz, President, Atelier 4, Long Island City, New York and Hialeah, Florida

Hannibal Travis, Associate Professor of Law, Florida International University College of Law, Miami

Maureen Whalen, Associate General Counsel, The J. Paul Getty Trust, Los Angeles

Mark E. Zelek, Morgan, Lewis & Bockius LLP, Miami

Jonathan A. Zwibel, Deputy Associate Chief Counsel, U.S. Customs and Border Protection, Miami

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

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Program Schedule


5-7 p.m. Early Registration 


7:00 a.m. Registration and Continental Breakfast                   

Webcast Segment A

8:00 a.m. Copyright Basics and the Web - Professor Travis

8:45 a.m. Networking Break

8:55 a.m. * Introductory/Administrative Remarks - ALI-ABA Staff

9:00 a.m. Introductory Remarks - Ms. Guttenplan and Mr. Blackwell

9:15 a.m. Keynote Address: Copyright and the Museum in the Digital Era - Professor Carroll

9:50 a.m. Questions and Answers

10:00 a.m. Electronic Publishing, Online Scholarly Catalogues, and Licensing Arrangements - Mss. Whalen (moderator), Del Valle, and Sinaiko

11:00 a.m. Questions and Answers

11:15 a.m. Networking Break

11:30 a.m. Free Content -- Sharing Initiatives: Benefits and Pitfalls - Mss. Del Valle and O'Keeffe

12:00 noon Questions and Answers

12:15 p.m.  * Networking Box Lunches
   •  Registrars 
   •  Museum Outside Counsel
   •  Museum Administrators
   •  Web and IT
   •  Smaller Museums 
   •  Archives and Libraries

Webcast Segment B

2:00 p.m. Loan and Exhibition Agreements: State of the Art and Pesky Contract Clauses: Insurance, Indemnity, Dispute, and Arbitration, Choice of Law, and Limitations of Liability - Mr. Berger (moderator) and Mss. Adelson and Russell

3:00 p.m. Questions and Answers

3:15 p.m. Cargo Screening and Related Customs Issues - Ms. Russell and Messrs. Schwartz and Zwibel

4:00 p.m. Networking Break

4:15 p.m. Deaccession Developments: Does Self-Regulation Still Work? The New York Brodsky Bill and Other Trends - Professor Urice (moderator) and Messrs. Knerly and Lanman

5:15 p.m. Questions and Answers

5:30 p.m. Adjournment for the Day

6:00 p.m. Networking Reception at the Wolfsonian-Florida International University Museum; co-hosted by the Frost Art Museum of Florida International University

Located in the heart of historic Miami Beach, Wolfsonian–FIU contains a fascinating collection of objects from the modern era (1885-1945) that focuses on how art and design shape and reflect the human experience. The museum further engages the visitor by complementing its collection with thought-provoking discussions of the context and connection among its objects.



7:30 a.m. Continental Breakfast

Webcast Segment C

8:00 a.m. Legal Ethics - Professor Rosen

9:00 a.m. Networking Break

9:15 a.m. Tax Update and IRS Form 990 Preparation and Policies - Mr. Blackwell and Ms. Shaines

10:00 a.m. Policy and Research Developments: Practical Implications - Mr. Ledbetter

10:30 a.m. Networking Break

10:45 a.m. Legislation and Advocacy Update - Messrs. Blackwell and Ledbetter

11:15 a.m. Litigation Update - Mr. Clark

12:00 noon Update Recap and Trend-Spotting - Mr. Goldstein and Professor Urice

12:15 p.m. Questions and Answers

12:30 p.m. Lunch Break

Webcast Segment D

2:00 p.m. Concurrent Sessions
   •  *Ask the Lawyer: Intellectual Property - Mss. Guttenplan and Whalen
   •   Developments in HR and Pension Plans - Messrs. Connell and Zelek
   •  *Oral Histories - Professor Bush and Ms. O'Keeffe

3:00 p.m. Networking Break

3:15 p.m. Concurrent Sessions
   •  *Ask the Lawyer: (Almost) Anything - Messrs. Clark and Goldstein and Ms. Shaines
   •   Drafting and Interpreting Pledge and Gift Agreements - Ms. Adelson and Mr. Knerly
   •  *Archives and Special Collections - Ms. Leff and Mr. Runkel

4:15 p.m. Networking Break

4:30 p.m. Privacy Issues Old and New: Protecting Private Information in the Public Institution - Ms. O'Keeffe (moderator) and Mr. Runkel

5:30 p.m. Questions and Answers

5:45 p.m. Adjournment for the Day

6:00 p.m. Networking Reception at the Bass Museum of Art

A gift to the city of Miami Beach from John and Johanna Bass, this art collection contains more than 500 European works from the fifteenth to the early twentieth century. Masterpieces include works by Jacob Jordaens, Peter Paul Rubens, Gerard Seghers, Ferdinand Bol, Giovanni Barbagelata, as well as a stunning altarpiece by Italian Renaissance masters Botticelli and Ghirlandaio, one of only a handful of Botticellis on public view in the United States.


FRIDAY, MARCH 26, 2010

Webcast Segment E

8:00 a.m. Introduction to Endowments (Vocabulary, Oversight Obligations, Fiduciary Duties, Accountability) - Mr. Cooney

8:45 a.m. Networking Break

9:00 a.m. Museum Challenges in Financially Troubled Times: Trends and Lessons Learned - Mr. Berger (moderator)
Part I: Governance - Role of the Audit Committee - Mr. Peregrine
Part II: Investments - Mr. Cooney Part III: Human Resources - Messrs. Connell and Zelek
Part III: Human Resources - Messrs. Connell and Zelek

10:30 a.m. Questions and Answers

10:45 a.m. Networking Break

11:00 a.m. Blogging and Social Media Activities in the Workplace and Beyond - Mr. Castillo and Ms. Guttenplan

11:45 a.m. Questions and Answers

12:00 noon  Closing Remarks and Adjournment

*These Sessions will not be recorded or webcast.


ALI-ABA wishes to thank the following sponsors:

Aon Huntington Block Insurance


Morgan, Lewis & Bockius LLP

Nixon Peabody LLP

Patterson Belknap Webb & Tyler LLP

Willis Fine Art, Jewelry & Specie


Total 60-minute hours of instruction: 17.75, including one hour of ethics

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:
The several times I have been lucky enough to attend have been so very beneficial on multiple levels – the training, the coursebook, the handouts for later reference, and the networking. I have built several long standing professional relationships with individuals I’ve met at LIMA courses in the past.
Another outstanding program! Great speakers and wonderful written materials which are invaluable resources. Thank you!
This is my favorite conference of the year. Truly fabulous, meticulously organized, wonderful faculty and panels, great receptions. I always am exposed to so many great issues and get to meet and see wonderful people. Thank you!
This is a wonderful conference – I always learn so much about the topics. I even discover legal issues about which I wasn’t aware. This is a huge benefit. The caliber of the program, speakers, and the venues are unparalleled – absolutely the best around. Every registrar should attend.
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.

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