Higher Education CLE Update: Athletics and Intellectual Property for SUNY Counsel (9/29/10)

September 9, 2010

For SUNY Counsel, By Invitation Only

CLE Credit

This Program will provide 5.0 Professional Practice credits. Bond, Schoeneck & King, PLLC has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of Continuing Legal Education in the State of New York. This program has been designated as providing the listed number of credits in accordance with the requirements of the New York State Continuing Legal Education Board. Eligible for MCLE credit for newly-admitted attorneys.


8:30 a.m. - 9:00 a.m.
Registration and Continental Breakfast

9:00 a.m. - 10:40 a.m.
Recent NCAA Committee on Infractions Case Decisions and How They Impact YOU
Richard J. Evrard

- Recruiting Telephone Call Violations Cases
- NCAA proposed legislation addressing recruiting telephone calls
- Other Recent Cases

10:40 a.m. - 11:00 a.m.

11:00 a.m. - 11:50 a.m.
Dealing With Student Athletes With Serious Emotional Issues
Laura H. Harshbarger

Among the most difficult challenges confronting colleges and universities is dealing with student athletes who exhibit signs of serious emotional issues. This is an area fraught with legal risk, and administrators and coaching staff must tread carefully. This program is a discussion of the legal and practical implications of dealing with student athletes who show signs of serious problems. We will cover the legal landscape of institutional liability, right to privacy issues, non-discrimination mandates, and best practices for colleges and universities.

11:50 a.m. - 12:40 p.m.
Investigations of Staff and Student Harassment in the Era of the Instantaneous Media
Louis P. DiLorenzo and Howard M. Miller

Title IX and other laws create potential liability to higher education institutions for student and staff harassment and other forms of misconduct. In addition to liability, the immediacy of widespread media attention to acts of alleged misconduct and a University's response to such allegations can result in long tem damage to a University's reputation.

This segment of the program will use case studies to provide practical guidance as to how to prevent harassment and other forms of conduct in the first instance and how to fairly and promptly investigate incidents of harassment and misconduct when they occur. Included in the segment will be a discussion of core legal principles that should govern disciplinary action against employees following an investigation, and how to ensure due process for all concerned in the face of media scrutiny and attention.

12:40 p.m. - 1:30 p.m.

1:30 p.m. - 2:20 p.m.
Trademark and Copyright Law Update for Higher Ed
George R. McGuire

- Acquisition of Rights
- Use in Commerce
- Establishing use through Licensees
- Use-Based Geographic Rights
- Establishing Defendant's Use in Commerce
- Passing Off -- 43(a) claims
- Specimens of Use


LOUIS P. DiLORENZO is a graduate of Syracuse University (B.A.) and the University at Buffalo Law School (J.D.).

Mr. DiLorenzo has practiced Labor and Employment Law for 30 years and is Managing Partner of the firm's New York City and Garden City Offices. He has represented Cornell University, Clarkson University, New York Chiropractic College, Syracuse University, and other Higher Education institutions in labor and employment matters including NLRB matters, affirmative action plans, OFCCP audits and proceedings, � 504 Rehabilitation matters, all types of employment and student discrimination issues, tenure denial and faculty termination cases. Mr. DiLorenzo has lectured to various Higher Education groups including national College and University personnel and business officer associations. He has served as an adjunct professor at Cazenovia College and Syracuse University School of Management. Mr. DiLorenzo was named one of the Nation's Top 10 Labor Lawyers in June 2010 by HR Executive Magazine and is listed in Who's Who in America, Who's Who in American Law, The Best Lawyers in America® 2011*, Super Lawyers®** and Chambers & Partners, USA, America's Leading Lawyers For Business.

RICHARD J. EVRARD is a graduate of Rice University (B.A.) and South Texas College of Law (J.D.).

Mr. Evrard practices in the area of collegiate athletics, which includes the representation of Colleges, Universities, athletics conferences and associations, and individuals in National Collegiate Athletic Association related matters. Previously, he served six years as Director of Legislative Services for the NCAA and one year as an NCAA enforcement representative. Mr. Evrard is listed in The Best Lawyers in America® 2011.

LAURA H. HARSHBARGER is a graduate of Bucknell University (B.A., summa cum laude) and Syracuse University College of Law (J.D., summa cum laude), where she served as Notes Editor of the Syracuse Law Review and was awarded the Order of the Coif.

Ms. Harshbarger regularly counsels colleges and universities in all aspects of the employment relationship. Her practice includes discrimination and harassment claims as well as internal grievances brought by students. Ms. Harshbarger is experienced in drafting policies for colleges and universities, and she has provided anti-harassment training for professors and administrators for numerous colleges and universities. Ms. Harshbarger has considerable experience assisting higher education clients with respect to addressing emotionally troubled, self-destructive and suicidal students. Specifically, her experience is in counseling administrators with an aim toward minimizing the many kinds of legal exposure which such situations often present. Ms. Harshbarger has lectured on the topic on a number of occasions, including at a recent National Association of College and University Attorneys (NACUA). She is listed in The Best Lawyers in America® 2011.

GEORGE R. McGUIRE is a graduate of Syracuse University (B.S., Aerospace Engineering) and Syracuse University College of Law (J.D., magna cum laude). Justinian Honorary Law Society.

Mr. McGuire is a Registered Patent Attorney and Chair of the firm's Intellectual Property and Technology Practice Group. He concentrates his practice in all facets of Intellectual Property Law. Mr. McGuire is well versed in patent matters involving the mechanical, electrical, software, and environmental disciplines who practiced for five years as a Patent Agent before receiving his law degree. In addition to his practice, Mr. McGuire is also an Adjunct Professor at Syracuse University Law School and has taught and lectured on Trademark and Unfair Competition Law, Intellectual Property and Technology Transfer. He is a member of the Editorial Advisory Board of the Journal of the Association of University Technology Managers (AUTM). Mr. McGuire is listed in The Best Lawyers in America® 2011, Super Lawyers®, Who's Who in America, Who's Who in American Education, Who's Who in American Law and Who's Who of Emerging Leaders.

HOWARD M. MILLER is a graduate of the State University of New York at Albany (B.S., cum laude) and St. John's University School of Law (J.D.), where he was a member of the Law Review and a St. Thomas More Scholar.

Mr. Miller's practice emphasizes education law, employment law and litigation. He is a frequent lecturer on, among other topics, non-compete agreements, protection of trade secrets, and harassment.

* Copyright 2010 by Woodward/White, Inc., Aiken, SC. Prior results do not guarantee a similar outcome.
** Copyright New York Super Lawyers 2009.