Offering Good Counsel
Imagine you’re an Einstein researcher who meets an outside scientist with expertise in your area. You decide to join forces to advance your science. There are smiles, a handshake and a fruitful collaboration … until one day, you disagree. You part ways—but whose name goes with which discoveries? Who is the lead author on your joint paper? Which institution gets the licensing agreement?
From left: Laura Wilson-Youngblood, Shonna Farrell, and Dana Lee in the office of general counsel
Advice from Einstein’s legal department—also known as the office of general counsel (OGC)—can prevent or relieve this kind of professional headache. Leading the OGC is senior counsel Dana Lee, who came to Einstein two years ago from New York Medical College, where she was associate vice president for legal affairs.
“Dana is our boutique onsite attorney who deals exclusively with medical school issues that call for both a legal perspective and a higher-education/research-institute institutional perspective,” said Dr. Edward Burns, Einstein’s executive dean. Ms. Lee reports to Dr. Burns and to Einstein’s associate dean for finance and administration, as well as to the office of general counsel at Montefiore.
The areas in which the Einstein OGC can extend a helping hand are several.
Reviewing Contracts
“Whenever you’re dealing with outside parties, such as vendors, consultants or peers at another institution, it’s better to discuss the issues before the project starts rather than after you develop problems that have to be fixed,” said Ms. Lee.
“It’s always beneficial to have an agreement to support the understanding you have,” added Laura Wilson-Youngblood, assistant counsel, who reviews contracts for researchers and procurement. “We can help you identify issues you may not have thought of, such as data and intellectual property rights, publication, terms of use, service standards, termination, indemnification and remedies.”
The OGC also handles affiliation agreements with other institutions of higher education and hospitals, and employment and separation agreements. Last year, Ms. Lee and Ms. Wilson-Youngblood reviewed about 700 agreements.
Institutional Governance and Compliance
“We also make sure Einstein complies with regulations that are already in place,” said Ms. Lee. “These can range from federal laws on human and animal research to city laws about building codes, and internal compliance with our policies and procedures, including compliance with the bylaws of the Einstein Board of Trustees.”
Assisting Students and Faculty
The OGC gets involved on the faculty and student front as well. “If, for example, a student’s academic performance is at issue, we need to follow policies and procedures,” said Ms. Lee. The Community Based Service Learning group and Einstein’s global program have also worked with the OGC on parameters for medical students who go into the community—“what they can and can’t do, and which agreements need to be in place,” she said. “We consider the risks involved—to patients and to our institution.
“At previous jobs, I also saw issues involving theft, jilted lovers, stalking, drugs and violation of housing rules such as having a gun in the room,” Ms. Lee said. “So I’ve had experience dealing with a broad range of issues.”
As for faculty, the OGC handles a variety of matters including research-related issues, buyout, separation and retirement agreements and intellectual property.
Updated Policies
Ms. Lee is spearheading an effort to revamp and reorganize Einstein’s official policies. “It’s so important to have up-to-date policies that people can find easily,” said Ms. Lee. This is happening at the same time that the Einstein senate is updating its by-laws.
The OGC’s new department webpage is an excellent start. And she and Ms. Wilson-Youngblood are planning campus presentations to promote awareness of the OGC. “We’d like faculty, staff and students to feel comfortable coming to us with questions or issues,” said Ms. Lee. “We’re open for business.”
Posted on: Friday, May 04, 2018