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 AVOIDING CONFLICT IN FACULTY CONSULTING  AVOIDING CONFLICT IN FACULTY CONSULTING

AVOIDING CONFLICT IN FACULTY CONSULTING - PowerPoint Presentation

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AVOIDING CONFLICT IN FACULTY CONSULTING - PPT Presentation

Judith L Curry Associate General Counsel NC State University December 2 2011 Board of Governors Policy Board of Governors Conflict of InterestCommitment Policy Participation of EPA employees inconsulting is an important characteristic of academic employment that often leads to s ID: 775521

university consulting policy interest university consulting policy interest conflict commitment research resources agreement patent employment board liability roche policies

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Slide1

AVOIDING CONFLICT IN FACULTY CONSULTING

Judith L. Curry

Associate General Counsel

NC State University

December 2, 2011

Slide2

Board of Governors Policy

Board of Governors Conflict of Interest/Commitment Policy:

“Participation of EPA employees in….consulting, is an important characteristic of academic employment that often leads to significant societal benefits, including economic development through technology transfer.”

Slide3

Board of Governors Policy

“However, such external professional activities for pay are to be undertaken only if they do not

Create a Conflict of commitment

Create a Conflict of interest

Involve inappropriate use or exploitation of University resources…”

Slide4

NCSU Regulations and Policies

NC State Conflicts of Interest and Commitment Regulation [

REG01.25.01

]

Patent and Tangible Research Policy [

POL10.00.01

]

Slide5

Consulting Must be Reported and Approved In Advance

Must be reported at least 10 days in advance [NOI]

Department Head Approval

May require update of COI report

Slide6

Testing and Services Agreement

Project Coordinator certifies:

No research component

NOT WORKING AS CONSULTANT

WILL NOT IN FUTURE CONSULT FOR PURPOSE OF ANALYZING DATA

Slide7

Use of University Space and Equipment

Generally not permitted

Inappropriate use or exploitation of University resources

means using any services, facilities, equipment, supplies or personnel which members of the general public may not freely use.

BOG Policy 300.2.2 Conflict of Interest and Commitment

Slide8

TSA or Lab Use Agreement

TSA FORM ON SPARCS website

LAB USE AGREEMENT

OGC website Contract Library

Slide9

Conflicts of Commitment

Consulting which involves time commitment that interferes with employee’s accomplishing university duties

Slide10

Conflicts of Interest

An employee has a conflict of interest when:

Personal interest

Affects or appears to affect

Objectivity in conduct of University duties

Slide11

Example:

Consulting for a company with regard to the same subject matter for which he/she acts as principal investigator under a research agreement sponsored by company

Also may violate N.C.G.S. 14-234(a)(1) which prohibits public employees from deriving a direct benefit from public contracts

Slide12

Consulting and the Copyright Policy

Condition of Employment

Copyright

Only Directed Works Must be Assigned

University Shop Right

Slide13

Consulting and the Patent Policy

Article 6, Patent and Tangible Research Policy

Assignment to University

University administered funds

Scope of Employment

Substantial Use of University resources

Slide14

Scope of Employment

North Carolina Law:

Employer may require assignment unless the invention does not relate to the employer’s business or actual or demonstrably anticipated research or development N.C.G.S. 66-57.1

Slide15

Inventions Made with Substantial Use of University Resources

Resources that would not be available to unaffiliated person

Exceptions

Minimal office use

Library

Personal Computer

Slide16

Key Terms in Industry Consulting Agreements

Confidential Information/Data Protection

Intellectual Property Ownership (Roche type language)

Liability

Indemnity

Choice of Law/Forum

Non-Compete

Slide17

Stanford v Roche

Board of Trustees of the Leland Stanford Junior University v Roche Molecular Systems, Inc., 131

S.Ct

. 2188, 180 L.Ed.2d 1 (June 6, 2011)

Slide18

How Can I Avoid Conflict Between My Consulting and University Policies?

Report NOI/COI

Provide copy of University Patent Policy to company

Define narrowly and precisely the subject matter of consultancy

Slide19

What Are The Legal Risks To Me Personally In Engaging In Consulting?

Damages for Breach of Contract

Liability for misappropriation of state property (intellectual property)

Slide20

How Can I Minimize The Risk Of Liability For My Consulting?

Spell out clearly your responsibilities to the University

Consult personal legal counsel and obtain review of contract

Obtain errors and omissions insurance

Seek guidance from Office of General Counsel if questions about University policies

Slide21

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