2011 AMC Summer Meeting Legal Issues Impacting Association Management Companies and Their Clients Jonathan T. Howe, J.D., FASAE Howe & Hutton, Ltd. August 6, 2011 ©Copyright Jonathan T. Howe, Esq., President and Founding Partner, Howe & Hutton, Ltd., Chicago, Illinois, St. Louis, Missouri and Washington, D.C. a All rights reserved under both Pan- American and international copyright conventions. No reproduction of any part may be made without the prior written consent of the copyright holder

Introduction What Is Keeping You Up At Night What Is Keeping Your Clients Up At Night

Some Areas Worthy of Discussion Legal Audit vs. Governance Audit Members and Boards Today – The Howe Formula Board Involvement/Understanding – Fiduciary Issues – Obligations Imposed By Law – Preventative Measures Bylaws Policies

Some Areas Worthy of Discussion Antitrust Activities – Still There – Investigations – Joint Ventures/American Needle

Some Areas Worthy of Discussion Litigation Issues – Private Actions – Production of Documents – Insurance Intellectual Property – Basics Copyright Trademark Patent

Some Areas Worthy of Discussion Intellectual Property [cont’d] – Issues Ownership – Staff – Volunteer Copyright – Music – Images – Publications Trademark Protection – License – Infringement Patents – AMS Deals – Warrantees – Indemnification

Some Areas Worthy of Discussion Intellectual Property [cont’d] – Issues Ownership – Staff – Volunteer Trademark Protection – License – Infringement Patents – AMS Deals – Warrantees – Indemnification

Some Areas Worthy of Discussion Management Agreements – New/Old Accounts Nose Tail Employment Matters – Terminations Facebook – Non Competes

Some Areas Worthy of Discussion Meetings & Conventions – Where Do We Start…. – Hotels – Convention Centers – Vendors

Some Areas Worthy of Discussion Chapters & Affiliates – Structure – Relationship – Tax Issues – Rogues

Some Areas Worthy of Discussion Internet/Social Media – Sales – Privacy – Defamation

What Else Is On Your Mind This outline is provided with the understanding that the publishers are not engaged in rendering legal, accounting, or professional services through its distribution. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

Jonathan Howe is President/Senior Partner with Howe & Hutton, Ltd., a law firm with offices in Chicago, St. Louis and Washington, D.C. He has written hundreds of articles, papers and books, and has spoken to organizations all over the world on all manner of legal issues. He received his Bachelor of Arts degree majoring in diplomatic history and international political science with honors from Northwestern University and his Juris Doctorate with highest distinction from Duke University where he was first in his graduating class. He serves as general counsel for Meeting Professionals International, the International Special Events Society and Trade Show Exhibitors Society, among others. He also is general counsel for the prestigious Association Committee of 100 sponsored by the U.S. Chamber of Commerce. He is a fellow and member of the International Forum of Travel and Tourism Advocates and is a founder, past president and board member of the Academy of Hospitality Industry Attorneys. Jon was named as the first recipient of the Hospitality Industry Attorney of the Year Award. He was the first chair of the APEX panel on industry contracts for the Convention Industry Counsel. He is the special advisor to the American Bar Association Standing Committee on Meetings and Travel, a Fellow of the American Bar Foundation, a Fellow of the American Society of Association Executives and he is the current chair of the ASAE Legal Section Council. He is the legal editor for MEETINGS & CONVENTIONS and ONE+ – official journal of MPI. His M&C column, Law and the Planner, was named the best monthly trade publication column by the Society of Business Publication Editors. Jon is one of few lawyers in the United States to have argued before the United States Supreme Court. He can be reached via or by phone: (312) )