Summer 2024 Newsletter
Looking back at the first half of the year, we are amazed at how much we have packed into 2024. The firm continues to grow as we successfully assist more clients with their needs.
To maintain our high level of service, we have brought two new team members on board. You will be introduced to them in this quarter’s newsletter.
In this newsletter:
New Faces
Firm Happenings
Featured Press
Legal Update - Final Title IX Rules Issued
AI Corner: AI in the Legal Profession
Upcoming Events
New Faces
Firm Happenings
In May, Rachel taught at the sold out Association of Workplace Investigators (AWI) Institute in New Orleans, leading small-group learning sessions on the topics of report writing and interview skills.
This spring, Kate presented as a guest speaker at the AWI Local Circles in Wisconsin and New England, sharing her knowledge around utilizing AI software in interviewing witnesses.
Kate and Rachel jointly presented at the 10th annual Bonadio Compliance Solutions Boot Camp in Rochester, Albany, and New York City. Their presentation, “Navigating the Maze: Effective Strategies for Handling Compliance Complaints and Investigations,” took attendees through the lifecycle of an investigation.
In June, Kate attended the 76th annual meeting of the Labor and Employment Relations Association (LERA) in New York City, which facilitated a broad discussion of current trends, updates and information related to industrial labor relations.
Rachel attended the National Association of College and University Attorneys (NACUA) Annual Conference in Columbus, Ohio, which focused on issues and trends related to higher education.
This spring, Nearpass & Koegel proudly sponsored a local Little League team, as well as the Allen Creek Elementary School Fun Run in Pittsford, New York on May 17. Congratulations to all participants!
Featured Press
Legal Update
Final Title IX Regulations Released: In April, the U.S. Department of Education released its Final Title IX Regulations. The changes touch many aspects of Title IX including the definition of sexual harassment, the scope of reportable sex-based offenses, the reporting process and reporting obligations, the grievance process, and training requirements. The new rules go into effect August 1, 2024.
As of July 10, the Rule has been enjoined in 14 states, including Alaska, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Montana, Ohio, Tennessee, Utah, Virginia, West Virginia, and Wyoming. This means federal judges have issued orders temporarily blocking the regulations from taking effect on August 1 in those states. Lawsuits are also pending in Alabama, Missouri, and Texas.
Title IX practitioners in New York and other states where the Rule has not been enjoined should be prepared for the August 1 effective date. However, pursuant to the recent ruling in Kansas, institutions in states other than the 14 named above may be impacted if their rosters include student members of Young America's Foundation or Female Athletes United, as well as children of Moms for Liberty members. The list of impacted schools is expected to be released on July 15.
Institutions should review the updated regulations against their existing policies and procedures and implement any changes required to become compliant. Read the Department of Education’s Fact Sheet HERE.
AI Corner
As Artificial Intelligence (AI) makes its way into professions around the world, the legal profession is no different. In 2023, the New York State Bar announced the formation of the Task Force on Artificial Intelligence.
In March, the Task Force released its Report and Recommendations to the New York State Bar Association. With a comprehensive overview of AI within the legal profession, the Task Force considers the impact of AI, including the ethical considerations, impact to access to justice and judicial response to AI.
Under Rule 1.6 in the Rules of Professional Conduct, a lawyer shall not knowingly reveal confidential information. The Task Force made it clear attorneys must take precautions to protect their clients’ confidential information when using AI tools.
Attorneys should ensure they do not make use of an AI tool which would compromise this duty of care. Attorney investigators in New York who use AI tools for tasks such as interview transcription or report writing should verify the selected service meets the requirements to protect confidential information. Investigators should periodically review the terms and conditions of their services to ensure no changes have been made which would adversely impact confidentiality obligations.
Read the full report HERE.
Upcoming Events
In August, Kate will present at the AWI webinar “Navigating AI in Workplace Investigations: Opportunities and Best Practices." Stay tuned for registration information.
In September, Rachel will attend the AWI Annual Conference in San Diego, which provides updates on current investigation trends and topics and brings together investigators from all over the country. Conference information can be found here.
Nearpass & Koegel will sponsor the fall HR Legal Update for the Genesee Valley Chapter of the Society for Human Resource Management (GVCSHRM). Registration information can be found here.
In October, Nearpass & Koegel will sponsor the 34th annual Legal Issues in Higher Education Conference at the University of Vermont. Register here.
In late October, Kate will teach at the sold out AWI Institute for Workplace Investigators, leading small-group learning sessions on the topics of report writing and interview skills.
If you would like to discuss any topics covered in this newsletter or if you need assistance with investigations, mediation, Title IX services, or training, please contact us. We are here to assist you.
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