Educational Institutions

Specific Areas of Experience

Student Affairs

• Defending litigation arising from sexual assaults and other crimes on campus
• Defending litigation arising from student disciplinary proceedings
• Defending litigation arising from student mental health issues
• Providing advice on the interplay of student privacy, civil liability and criminal law in cases of sexual assault or other crimes involving students
• Defending against allegations of discrimination by the Department of Education’s Office for Civil Rights
• Drafting and reviewing student handbook provisions on student discipline, privacy and other issues
• Providing advice about accommodations for students with disabilities
• Counseling regarding students’ rights of privacy and access under the Family Educational Rights and Privacy Act

Labor & Employment

• Internal investigations involving alleged employee misconduct
• Litigation of disability, discrimination and harassment claims
• Tenure and promotion disputes
• Collective bargaining and union relations
• Compliance with state and federal employment, discrimination and wage and hour laws
• Drafting and reviewing employee handbooks and faculty handbooks

Intellectual Property

• Patent analysis and prosecution
• Technology transfer agreements and policies
• Trademark clearance and registration
• Copyright fair use analysis
• Drafting copyright policies
• Litigating patent, copyright, trademark and licensing disputes
• Curriculum licensing arrangements, joint ventures and affiliation agreements

Regulatory and Compliance Issues

• Title IX
• Family Educational Rights and Privacy Act
• Campus Security Act
• HIPAA and state medical privacy laws
• ADA, Section 504, IDEA and state disability laws

Institutional Financing

• Annually render bond counsel opinions on billions of dollars of tax-exempt bonds and notes
• Serve as bond counsel and/or counsel to the institution, providing advice on all aspects of the institution’s capital financing needs
• National leader in debt finance and capital markets transactions; our attorneys have a broad range of experience representing both lenders and borrowers

Real Estate, Environmental and Construction

• Acquisition, permitting, financing, construction and renovation of classroom buildings, dormitories, parking garages, libraries and athletic facilities
• Representation in complex development arrangements, such as mixed affordable housing and student residences
• Environmental matters, both permitting and enforcement
• Litigation and arbitration of construction-related disputes

Charitable & Planned Giving

• Drafting charitable remainder trusts, charitable lead trusts, pooled income funds, gift annuities and reserved life estates
• Representation in reformation and cy pres proceedings, and in will and trust disputes
• Reviewing for compliance with federal and state disclosure, registration and other regulations in soliciting and administering charitable gifts
• Advising on structuring annual fund appeals and capital campaigns

Campus Security

• Compliance with state and federal crime reporting statutes
• Coordination with local law enforcement in the investigation and prosecution of crimes on campus
• Defense of litigation involving campus police, including excessive force, wrongful arrest and other civil rights claims

Tax Issues

• Unrelated business income (including debt-financed income)
• Sales use tax and real estate tax exemptions
• “Intermediate sanctions” and related issues
• Employment tax issues for faculty and students
• IRS tax audits

Employee Benefits

• Tax-qualified defined benefit, defined contribution and cash balance plans
• Tax-deferred annuities
• Deferred compensation arrangements
• Cafeteria plans (including premium payment plans, dependent care plans and medical expense reimbursement plans)
• Tuition assistance and children’s scholarship plans

Governance and Volunteer Issues

• Drafting and revising corporate articles and bylaws
• Drafting conflict-of-interest policies for trustees, officers and senior management
• Advising with regard to compensation issues, including surveys and comparables
• Advising on trustee liability, insurance and indemnification

Our Clients

The universities and colleges we represent include: