WORKSHOP I
ADDRESSING DIOCESAN LIABILITIES
VIA
CORPORATE RESTRUCTURING AND BANKRUPTCY
There is no question that the liability "landscape" of the Catholic Church has changed very dramatically in recent years. This is partly the result of "backlash" from the sexual misconduct crisis. However, beyond this specific circumstance, the evidence is that in general both the frequency and severity of liability claims against church entities have been increasing. The immediate result of this liability situation is reflected in greatly increased loss costs: for expanded claims management activities; to provide financial resources for required counseling and therapy; to finance litigation expenses; and to pay resultant increased insurance premiums. Invariably, increases in all these costs lead to an equivalent reduction in resources available for ministry.
Recognizing that these increased loss costs directly and negatively impinge upon ministry opportunities, efforts have been made to deal with this situation. Some dioceses are involved in corporate restructuring to clarify under civil law what is clear under canon law: that the assets of each parish are separate from those of other parishes and from those of the diocese. Other dioceses have resorted to bankruptcy as a protective option.
This workshop will analyze both the restructuring and bankruptcy strategies. It will address your questions regarding when and how to employ these strategies; the pitfalls or "downside" elements to these strategies; and the "mechanics" associated with their implementation.
Each of our three presenters has had first-hand, extensive experience with these matters via her/his professional service on behalf of the Church.
Presenters:
Joseph A. DiVito, Esq. - DiVito & Higham, P.A.
Paulette Furness, Esq. - Archdiocese of Portland in Oregon
Jeffrey Hunter Moon, Esq. - U.S. Conference of Catholic Bishops
Joseph A. DiVito, Esq.
Joseph A. DiVito is a shareholder in the law firm of DiVito & Higham, P.A., which has offices in St. Petersburg, Florida. He holds a Bachelor of Science degree from Spring Hill College (1974), and a Juris Doctorate from Stetson University College of Law (1977). He is licensed to practice law in the State of Florida and is also admitted to practice in the State of Ohio. He is a member of numerous professional organizations, including the following: The Florida Bar - Real Property, Probate and Trust Law Section and the General Practice Section, the National Diocesan Attorneys Association of the United States Catholic Conference. He is the past chair of the Member Benefits Committee of both the Florida Bar and the St. Petersburg Bar Association and has served two terms as a member of the Executive Committee of the St. Petersburg Bar Association. He is also an associate member of the National Association of Development Companies (NADCO) and is a designated closing attorney and served on the subcommittee with Florida SBA District Counsel for the 504 Pilot Program in Florida. He has been named to "Who's Who in American Law (Millennium Edition).
Mr. DiVito is admitted to practice before the U.S. Supreme Court; the U.S. District Court for the Middle District of Florida; and, the Florida Supreme Court. His practice areas include substantial experience and representation of non-profit organizations and Real Estate, Wills & Estate Planning. DiVito & Higham, P.A. has represented the Catholic Diocese of St. Petersburg since 1968 and the Catholic Diocese of Venice since 2003. Mr. DiVito has represented the fifty-six (56) Diocesan Schools and other private schools on the West coast of Florida. He currently serves as General Counsel in representing both dioceses in the 15-county area served by the Diocese of St. Petersburg and the Diocese of Venice. He serves as General Counsel to Catholic Charities for both dioceses. He frequently lectures on education topics, and helped develop the Volunteer Screening Program used for Catholic schools in the State of Florida. Mr. DiVito has served as General Counsel for Gulf Coast Business Finance, formerly Gulf Coast CDC since 1989 and has substantial experience as a closing attorney for SBA 504 loans. Mr. DiVito is also an instructor for NADCO and conducts training nationally for the SBA 504 Loan Closing Course.
In the course of representing the Diocese of St. Petersburg for its first elderly housing facility through the U.S. Department of Housing and Urban Development (HUD), Mr. DiVito has now served as a closing attorney for more than one hundred HUD housing facilities for the elderly and handicapped under the Section 202 and Section 811 programs assisting multiple sponsors. He has also represented Goodwill Industries, Salvation Army, Presbyterian Homes and Housing Foundation, Miami Jewish Home and Hospital for the Aged, B'Nai B'Rith, College Park Baptist Church, First United Methodist Church, and Abilities of Florida. He has represented Catholic Charities for St. Petersburg and Venice, regarding their programs for Housing for Persons with Aids and for their Migrant Farm worker housing facilities.
He is active in his Church and Community previously volunteering as Soccer Coach and Little League Coach. He is a former member of his children's parochial school board; a former board member and past president of A.L.P.H.A. House, helping build their current residence for women; a former member, board member and past president of the Sunshine City Jaycees; and is a former member of Kiwanis Club.
Paulette Furness, Esq.
Paulette Furness has been Director of Business Affairs for the Archdiocese of Portland in Oregon since 1997. Ms. Furness oversees Archdiocesan legal matters, the risk management and property offices of the Archdiocese, and serves on the Archbishop's Cabinet. She previously worked for the Oregon Department of Justice as an Assistant Attorney General, for the Bullivant Houser Bailey law firm in Portland, Oregon, and for the Archdiocese of Newark as Assistant Counsel.
Before practicing law, Ms. Furness spent a number of years in teaching and educational administration on the high school and college levels. Ms. Furness received a B.A. degree from Marywood University, an M.A. in philosophy from the Catholic University of America and a J.D. from Boston College Law School. She is a member of the Oregon bar.
Jeffrey Hunter Moon, Esq. - U.S. Conference of Catholic Bishops
Jeffrey Moon is the Solicitor of the U.S. Conference of Catholic Bishops, where he is responsible for all litigation in which the Conference is involved. He is also personally responsible for many of the amicus briefs filed by the USCCB with the Supreme Court of the United States in matters in which the American bishops wish to urge their views to the Court. In that capacity he has been the principal author of the Conference's or a coalition's amicus briefs in
Agostini v. Felton, 521 U.S. 203 (1997),
Mitchell v. Helms, 530 U.S. 793 (2000),
Boy Scouts of America v. Dale, 530 U.S. 640 (2000),
Zelman v. Simmons-Harris, 536 U.S. 639 (2002),
Locke v. Davey, 540 U.S. 721 (2004), and
Gonzales v. O Centro Espirita Beneficiente Uniao do Vegetal, 546 U.S. 418 (2006). Mr. Moon is also responsible for assisting dioceses throughout the country to respond to litigation challenges, with a particular view to the correct development of First Amendment defenses, and the national coordination of consistent and defensible litigation positions.
Mr. Moon has a broad background in defensive, federal litigation, having served as Associate General Counsel for Litigation at the National Railroad Passenger Corporation (AMTRAK), and previous to that as an Assistant U.S. Attorney for the District of Columbia.
Mr. Moon has presented regularly at defense-oriented seminars and CLE programs, has written on First Amendment defenses to discovery requests for church records in litigation, and made a presentation to the TNCRRG national shareholders' meeting in 2001 detailing the serious litigation risks inherent in diocesan internet activities.
WORKSHOP II
BEST PRACTICES
TO
PREVENT OR MITIGATE EMPLOYMENT PRACTICE LIABILITY CLAIMS
Employment practice liability claims have been rising for the Church for several years. These claims are costly to defend, and they can be embarrassing and harmful to the Church's reputation. The obvious solution is to prevent such claims by eliminating those practices that create the liability in the first place.
This workshop will provide you with specific, proactive strategies to help you prevent employment practice liability claims. It will begin by giving you a legal framework of the application of employment laws to the Church. This seminar will then combine these legal principles with successful human resource practices to identify specific strategies for your organization. The following three principles will be considered for every specific strategy: (1) legal compliance, (2) successful human resource practices, and (3) strategic alignment. This is not just about making the lawyers happy. It is also about successful communication that fits the culture, values and mission of the Church. These principles are demonstrated with practical, real-life (and sometimes amusing) examples.
Presenter:
Johan W.E. Maitland, JD, SPHR - Downs, Rachlin & Martin, PLLC
John is a director in the Labor and Employment Practice Group of Vermont's largest law firm, Downs Rachlin Martin PLLC. He represents management in all aspects of the labor and employment experience, including counseling, training and litigation. He focuses his efforts on helping employers integrate legal compliance with successful human resource practices. John has been recognized among labor and employment attorneys in "Chambers USA: America's Leading Lawyers for Business."
John has a Senior Professional in Human Resources (SPHR) certification. He graduated summa cum laude from Vermont Law School, and he has an undergraduate business degree from the Wharton School at the University of Pennsylvania.
John is a member of the SHRM Vermont State Council. He also serves as the President of the Board of Directors of the United Way of Chittenden County.
WORKSHOP III
MITIGATING THE GROWING RISK
OF
PRIVACY AND SECURITY LITIGATION AND ENFORCEMENT
Preserving the confidentiality of personally identifiable information (PII) has evolved enormously as a legal obligation in recent years. Simultaneously, threats to the security of this very information seem to accelerate on an almost daily basis. Hacking, phishing, worms, zombies, etc. represent only a portion of the actual threats confronting organizations that maintain PII as part of their required operations and services. The Church is not immune to either these privacy obligations or these security threats. This workshop will address and answer questions like: 1) what are your legal obligations regarding PII; 2) do federal and state statutes provide any exemptions for religious organizations; 3) if exemptions are allowed, what is the extent and degree of these exemptions; 4) do any local government ordinances apply in this arena; 5) what case law is there, if any; 6) are there litigation trends that are of note; 7) what are best practices -- technological and otherwise -- for seeking, obtaining, utilizing, storing, transferring, maintaining and protecting PII?
To assure the integrity of your ministries, this is information you simply cannot afford to ignore or remain ignorant of.
Presenter:
Gary E. Clayton, CEO & Principal - Privacy Compliance Group
Gary is founder and CEO of the Privacy Compliance Group, Inc., a data protection consulting and technology company whose clients include Fortune 500 and other leading companies and governmental agencies. Mr. Clayton has extensive experience with privacy management in the United States and in over fifty countries around the world. Gary has been actively involved with industry groups on issues involving the prevention of identity theft, consumer fraud and the protection of personal data. Mr. Clayton assisted the U.S. Department of Commerce on the Safe Harbor negotiations between the United States and Europe, the Article 29 Working Committee in the European Union, and global data management projects. He has testified before Congress and various state legislatures and has briefed the White House, the U.S. Congress, the U.S. Departments of Defense, Homeland Security, Transportation and Commerce on privacy and data protection issues, particularly those related to the European Union and the Asia Pacific. In 2003, he assisted the Department of Homeland Security in negotiations with the European Union on the transfer of passenger data. He was appointed to the Texas Privacy Commission by Governor Rick Perry.
Mr. Clayton has helped governmental agencies and global companies develop and implement privacy and data protection compliance programs. He has worked closely with the U.S. Department of Transportation and the Office of National Risk Assessment (ONRA) on the implementation of privacy programs. Mr. Clayton's clients include Fortune 100 companies, leading technology companies and governmental agencies. He has developed privacy and data protection training for national retailers, data companies, trade organizations and governmental agencies. Mr. Clayton has also worked with his clients to implement technology to effectively manage personal data globally.
Mr. Clayton has appeared on national news programs including CNBC, CNN and CNNfn and has been quoted in The Wall Street Journal, USA Today, Financial Times, Information Week, Investor's Business Daily, European Businessman, The Los Angeles Times, American Banker, Advertising Age, The Journal of Commerce, National Journal's Tech Daily and numerous other publications. Mr. Clayton has authored numerous articles and law reviews on technology issues, data protection and privacy, monitoring and surveillance and information sharing. He has also co-authored articles on U.S., European and other international data protection laws that have appeared in leading publications in the United States, Europe and around the world.
Mr. Clayton received his B.A. in history from Louisiana State University in 1975 and his Juris Doctor in 1978. He has an M.A. in Public International Law and Organizations from the School of International Service, American University, Washington, DC. Mr. Clayton also attended the University of Exeter, U.K., on a Rotary Foundation Scholarship where he received an LL.M. in International and European Law. From 1980 to 1984, Mr. Clayton served as a Captain, U.S. Army Judge Advocate Corp. as the Chief Trial Counsel for the Southern European Task Force, Vicenza, Italy. Mr. Clayton was a successful trial lawyer with almost two decades of experience in trying complex commercial and intellectual property litigation.
