Spring 2026 Newsletter

Written By Julie Burke

As we move into the spring season, many organizations are refocusing on priorities, planning ahead, and identifying opportunities for continued learning and connection.

At Nearpass & Koegel, we have been doing the same through time at our recent team retreat and recognition as a finalist for the ATHENA Organizational Award.

In this edition, we share firm highlights, along with upcoming events, trainings, and resources, including a recent decision examining how the use of AI tools may impact privilege and confidentiality. We appreciate the opportunity to work alongside you.

In this issue:

  • Celebrating Leadership

  • Firm Happenings

  • AI Corner

  • Interim Support

  • Upcoming Industry Events

Celebrating Leadership

Nearpass & Koegel was honored to be nominated and named a finalist for the ATHENA Organizational Award, which recognizes woman-owned or woman-led organizations that foster cultures where women can grow and lead.

We extend our congratulations to our fellow nominees and finalists, and especially to this year’s ATHENA International Award recipients, recognized by the Greater Rochester Chamber at the February 5 ceremony. Naomi Silver received the ATHENA Award, Lindsay Connelly was named the ATHENA Young Professional Award recipient, and The Arc of Monroe was honored with the ATHENA Organizational Award.

These leaders and organizations reflect the impact of thoughtful, values-driven leadership in our community. We are grateful to be in such inspiring company and to share in the commitment to advancing integrity, fairness, and opportunity in the work we do. Read more here.

2026 ATHENA nominees and finalists (left) and ATHENA International Award recipients (right): The Arc of Monroe (Tracy Petrichick), Naomi Silver (Rochester Red Wings), and Lindsay Connelly (Linden Digital Marketing).

Firm Happenings

  • In March, Founder & Managing Partner Kate Nearpass served as faculty for the Association of Workplace Investigators (AWI) webinar, When Your Workplace Investigation is a Title IX Investigation. The program explored when Title IX requirements are triggered in workplace investigations at educational institutions.

  • Founder & Managing Partner Rachel Koegel served as faculty for the Evidence, Interviewing, and Credibility module in AWI’s Investigations Fundamentals Series last quarter, sharing practical insights with fellow investigators.

  • Kate & Rachel also co-convened a virtual roundtable for the AWI Upstate NY Local Circle, bringing together colleagues to discuss the NIBRS “Criminal Sexual Contact” definition and how investigators are beginning to approach these nuanced cases. Register for the upcoming Local Circle here.

  • Nearpass & Koegel is stepping up to the plate again this season as a Pittsford Little League Grand Slam Sponsor. We are proud to support young athletes, local families, and the sense of community that makes it all possible.

  • Our team gathered in Aurora, New York this month for our Annual Firm Retreat to reconnect and reset for the months ahead. Creating space for reflection and alignment helps ensure we approach our work with thoughtfulness and care.

AI Corner

A recent decision from the Southern District of New York is prompting important conversations about the use of artificial intelligence in litigation. In United States v. Heppner, the Court held that a defendant’s prompts to a generative AI chatbot, based on legal advice from his counsel, were not protected by the attorney-client privilege or work product doctrine.

The ruling highlights a key takeaway: inquiries to and information shared with AI tools may be discoverable, much like a traditional internet search, even if the AI prompts are based on privileged legal advice. This article offers a helpful overview of the decision and what practitioners should consider as the legal landscape continues to evolve.‍‍

Interim Support

Nearpass & Koegel offers interim support services to institutions of higher education and other organizations. Our experienced attorneys provide coverage during vacancies in key compliance roles and help address critical capacity or skill gaps.

Whether you need Title IX support or assistance managing investigations, our team can step in to ensure matters are handled promptly and in accordance with applicable standards.

  • AWI Advanced Seminar – Space is Limited
    Registration is now open for AWI’s exclusive Advanced Seminar for Certificate Holders. Join colleagues to deepen your practice and exchange insights on April 16–17, 2026, in Marina del Rey, CA. Learn more.

  • AWI Upstate NY Local Circle Roundtable – April 22
    Join us for a virtual roundtable on timely topics, including the evolving role of AI in workplace investigations. Register here.

  • ATIXA 2026 Summer Symposium – Register Today
    Join higher ed colleagues in Denver, CO, from June 7–11, 2026, for ATIXA’s Summer Symposium, designed for professionals in Title VI, Title IX, non-discrimination, and civil rights compliance. Register here.

  • AWI Institute Dates for 2026 – Register Today
    Registration is open for AWI’s 2026 Training Institute, an opportunity for investigators to deepen their skills and engage with colleagues across the field. While in-person sessions have already reached capacity, investigators may still join the waitlist or register for the Virtual Training Institute. Register here.

 

If you would like to discuss any topics covered in this newsletter or if you need assistance with investigations, mediation, interim support, Title IX services, or training, please contact us. We are here to assist you.

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Julie Burke
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Fall 2025 Newsletter