"Attorney General Authority and Role" The question of whether the role of the Attorney General is restricted to traditional duties of enforcing the donor's intent or mandates protection of a broader public interest will be explored through in-depth analysis of the litigation that arose out of the diversification efforts of the Hershey Trust.
Speaker: Jerry Pappert, Former Attorney General of Pennsylvania Reaction Panel: Evelyn Brody, Professor of Law, Chicago-Kent College of Law and Reporter for the American Law Institute's Project on Principles of the Law of Nonprofit Organizations Harvey Dale, University Professor of Philanthropy and the Law and Director of the Center on Philanthropy and the Law at New York University School of Law
"Governance of Not-For-Profit Organizations and the Sarbanes Oxley Act" Speaker: Harvey Goldschmid, Dwight Professor of Law, Columbia Law School, and former Commissioner of the Securities and Exchange Commission
"Good Non-Profits Go Bad: The Reality of Governance and Fiduciary Duty Issues" All Attorneys General possess both common law and statutory responsibility over the functioning of charities. How they have defined the "public interest" in these matters has varied widely and will be examined through a number of concrete case studies. Among the issues that will be discussed are executive compensation, conflicts of interest and other malfeasance, board and director incompetence and variations from donor intent.
Speakers: Kelly Ayotte, Attorney General of New Hampshire Margery S. Bronster, Former Attorney General of Hawaii Jim Hood, Attorney General of Mississippi Tracy McGinnis, Senior Counsel, Attorney General's Office of Missouri James Tierney (Moderator), Director of Columbia's National State Attorneys General Program
"Regulation v. Study V. Litigation" A discussion on the divergent views of the best mechanisms for Attorney General oversight of charities. The speakers will suggest "Best Practices" for assisting charities toward good governance that include transparency, disclosure, board replacement, negotiation, guidance, reports, litigation, legislation, and the common law.
Speakers Confirmed to Date: Harvey Dale, University Professor of Philanthropy and the Law and Director of the Center on Philanthropy and the Law at New York University School of Law Marion Fremont-Smith, Senior Research Fellow, Hauser Center for Nonprofit Organizations, Harvard University Daniel Kurtz, Esq., Holland & Knight LLP Marc Owens, Attorney, Caplin & Drysdale's and former Director of the Exempt Organizations Division of the Internal Revenue Service
