Legal Issues in Museum Administration - CLE, Continuing Legal Education - ALI
Legal Issues in Museum Administration
  • Cosponsored by The Smithsonian Institution
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Available Online: | Coursebook

Why You Should Attend

In its 41st annual presentation, Legal Issues in Museum Administration is the go-to program for museum directors, administrators, trustees, and legal counsel who seek a greater understanding of the legal problems encountered by museums.


Highlights from this year’s program include:

Cultural property roundtable and update

Special sessions for new and emerging professionals, including speed networking

International fundraising and friends groups

New social media and technology update

Fabulous receptions at The Art Institute of Chicago and the Museum of Contemporary Art, Chicago

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What You Will Learn

Learn from the diverse, top-notch faculty of in-house and outside museum counsel, museum executives, and other non-profit professionals about cutting-edge legal issues involving:

Children in the museum

Foreign lenders


Foundations and authentication

Cultural property trends and developments

Digital and new social media initiatives

Legislation update

Tax, real estate, and construction matters

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Who Should Attend

Museum directors, administrators, trustees, legal counsel, and others interested in the legal issues that arise in the administration of museums should attend this accredited continuing legal education program from ALI CLE.

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Steering Committee

(most also on faculty)

S. Jason Baletsa, Associate General Counsel, Office of General Counsel, Suffolk University, Boston, Program Co-Chair

Brendan M. Connell, Jr., Managing Director and Counsel for Administration, Solomon R. Guggenheim Museum, New York, Sponsorship Co-Chair

Farleigh H. Earhart, Associate General Counsel, Smithsonian Institution, Washington, DC, Program Co-Chair

Henry A. Lanman, Associate General Counsel, The Museum of Modern Art, New York, Faculty Co-Chair

Maria Simon, Associate General Counsel, The Art Institute of Chicago, Chicago, Arrangements Co-Chair

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

Adine K. Varah, Deputy City Attorney, City and County of San Francisco, San Francisco, Faculty Co-Chair

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

Patrick J. Bitterman, Quarles & Brady LLP, Chicago

Jeffrey N. Blair, Assistant Secretary and Senior Associate Counsel, The Metropolitan Museum of Art, New York

Lori Breslauer, Associate General Counsel, Field Museum of Natural History, Chicago

Alicia Cabrera, Deputy City Attorney, City and County of San Francisco, San Francisco

Stephen W. Clark, General Counsel, The J. Paul Getty Trust, Los Angeles

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

Melissa Covington, Coordinator of Teacher Programs, The Art Institute of Chicago, Chicago

Jennifer Draffen¸ Executive Director, Museum Registration, The Art Institute of Chicago, Chicago

Luke Figora, Director, Risk Management, The University of Chicago, Chicago

Ann H. Franke, President, Wise Results, LLC, Washington, D.C.

Simon J. Frankel, Covington & Burling LLP, San Francisco

Sara Geelan, Senior Counsel, The Solomon R. Guggenheim Museum, New York

Julie Getzels, Executive Vice President, General Counsel, and Secretary, The Art Institute of Chicago, Chicago

Lauryn H. Guttenplan, Associate General Counsel, Smithsonian Institution, Washington, D.C.

Robert D. Hallman, Arnold & Porter LLP, San Francisco

Sheryl Jaffee Halpern, Much Shelist, P.C., Chicago

Nicholas S. Holmes, General Counsel, Whitney Museum of American Art, New York

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

Pamela Kohanchi, Associate General Counsel, Los Angeles County Museum of Art, Los Angeles

John C. Koski, SNR Denton LLP, Chicago

Walter G. Lehmann, Lehmann Strobel PLC, Baltimore

Philippa Loengard, Assistant Director, Kernochan Center for Law, Media, and the Arts, Columbia University School of Law, New York

Joan Lovell, Associate General Counsel, Office of the General Counsel, YMCA of the USA, Chicago

Michael McCullough, Michael McCullough LLC, Brooklyn, New York

Margaret L. Moses, Professor of Law and Director of International Law and Practice Program, Loyola University School of Law, Chicago

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

Steven H. Pahl, Senior Consultant, Risk Resources, Inc., LaGrange Park, Illinois

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

Eryn M. Starun, Assistant General Counsel, Smithsonian Institution, Washington, D.C.

Stephanie Villasenor, Tax Manager/Attorney, Norton Simon Museum, Pasadena, California

Jeffrey H. Winick, Harris Winick LLP, Chicago



ALI CLE Program Attorney: Kevin O’Connor (

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Program Schedule

Tuesday, April 9, 2013

4-6 p.m. Early Registration

Wednesday, April 10, 2013

8:00 a.m. Registration and Continental Breakfast

8:55 a.m. Welcome and Announcements – ALI CLE Staff


9:00 a.m. Introductory Remarks -- Mr. Balesta and Ms. Earhart

9:15 a.m. Cultural Property Roundtable: Updates and Case Studies – Ms. Getzels, Mr. Knerly, and Professor Urice

10:00 a.m. Recent Issues in Authentication – Mr. Hallman, Ms. Loengard, and Professor Urice

10:45 a.m. Questions and Answers

11:00 a.m. Networking and Refreshment Break

11:15 a.m. Original, Digital, and Exhibition Copies – Rights and Responsibilities? – Ms. Geelan and Mr. Holmes

12:00 noon Networking Box Lunches

Museum Administrators – Mr. Connell

Registrars – Ms. Draffen

Museum In-house and Outside Counsel – Mr. Holmes and Ms. Kohanchi

Web and Intellectual Property – Ms. Geelan and Mr. Lehmann

Young and Emerging Professionals – Mss. Cabrera, Varah, and Villasenor



1:30 p.m. Foreign Lenders and Risk Management; Immunities – Messrs. Knerly and McCullough and Ms. Simon

2:15 p.m. Questions and Answers

2:30 p.m. International Disputes and Arbitration – Ms. Moses

3:15 p.m. Speed Networking and Refreshment Break

4:00 p.m. Safeguarding Living Treasures: Children in the Museum – Mss. Covington, Earhart, Franke, and Lovell

5:00 p.m. Questions and Answers

5:15 p.m. Adjournment for the Day

6:00 p.m. Reception – Museum of Contemporary Art

The Museum of Contemporary Art, Chicago is located in the heart of the Magnificent Mile in downtown Chicago and within steps of our conference location. The museum’s collection, of over 2,500 works, houses outstanding examples of visual arts from 1945 to the present with particularly strong holdings in surrealism, minimalism, photography and works by Chicago-based artists. The museum will be closed to the public during our reception and conference participants will get to explore highlights from the permanent collection, as well as the temporary exhibitions on display.



Thursday, April 11, 2013

7:30 a.m. Networking Session and Continental Breakfast


8:00 a.m. eBooks and Digital Publications – Mss. Guttenplan and O’Keefe

9:00 a.m. Tax and Legislative Update – Mss. Shaines and Villasenor

10:00 a.m. Questions and Answers

10:15 a.m. Networking and Refreshment Break

10:30 a.m. Social Media and Technology Updates – Ms. Starun

11:00 a.m. Questions and Answers

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

12:15 p.m. Lunch Break (on your own)



2:00 p.m. Concurrent Sessions

Ask the Lawyer (Almost) Anything* – Mr. Lanman and Ms. Shaines

Look Who's Talking: Freedom of Expression and the 1st Amendment at Public Libraries and Museums* – Mss. Cabrera, O’Keefe, and Varah

General Liability Insurance: Terminology and Coverage – Mr. Pahl

The Ins and Outs of In-kind Gifts* – Mr. Bitterman and Ms. Breslauer

3:00 p.m. Networking and Refreshment Break

3:15 p.m. Concurrent Sessions

Ask the Intellectual Property Lawyer* – Messrs. Frankel and Lehmann

Customs* – Mr. McCullough

International Fundraising and Friends Groups – Mr. Cooney and Ms. Guttenplan

Employee Handbooks: Key Tips for Revisions and Updates* – Mr. Connell and Ms. Jaffee Halpern

4:15 p.m. Networking and Refreshment Break

4:30 p.m. Ethics and Professional Responsibility – Mr. Koski

5:30 p.m. Adjournment for the Day

6:00 p.m. Reception – The Art Institute of Chicago

The Art Institute of Chicago will be the host for our second networking reception. An encyclopedic museum, the Art Institute collects, preserves, and displays works in every medium from all cultures and historical periods as well as hosts special exhibitions. With a collection of more than 300,000 art works and artifacts, the museum has particularly strong holdings in Impressionist and Post-Impressionist painting, early 20th century European painting and sculpture, contemporary art, Japanese prints, and photography. Attendees will have the opportunity to explore the entire museum, including the Modern Wing designed by Renzo Piano, which opened to the public in 2009.



Friday, April 12, 2013

8:30 a.m. Networking Session and Continental Breakfast


9:00 a.m. Advanced Topics – Contracts (with Emphasis on Construction) -- Mr. Winick

9:45 a.m. From the Ground Up: Construction Issues – Environmental and Historic Preservation Issues, Architect Selection, AE and Construction Contracts – Messrs. Blair and Winick

10:45 a.m. Networking and Refreshment Break

11:00 a.m. Risky Business: High Risk Activities and Projects Involving Your Museum Building– Messrs. Berger and Figora and Ms. Kohanchi

12:00 noon Closing Remarks and Adjournment


* These sessions will not be recorded or webcast.


ALI CLE wishes to thank the following sponsors:

Patterson Belknap Webb & Tyler LLP

Willis Fine Art, Jewelry & Specie


Total 60-minute hours of instruction: 15.5 including one hour of ethics

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter

Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; Maintenance of professional competence as a practitioner; Provision of information on recent legal developments

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:


"Jeff is very impressive - great lawyer and provided a clear presentation with practical counsel for issues that are likely to arise. One of the better presentations I have seen."


"Great program, and really excellent faculty. Very interesting."

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