As the pending settlement in In re: College Athlete NIL Litigation, Case No. 4:20-CV-03919 (N.D. Cal) (the “House Settlement”) inches toward a final approval hearing before Judge Claudia Wilken on April 7th, a big question...more
Since his inauguration in January, President Trump has signed multiple executive orders addressing diversity, equity, and inclusion (DEI) policies across the country. These actions have significant implications, including for...more
On February 21, a federal court in Maryland preliminarily enjoined three components of Executive Order (EO) 14151 (Ending Radical and Wasteful Government DEI Programs and Preferencing) and Executive Order 14173 (Ending...more
In 2024, the federal government continued to shape the research compliance landscape with significant developments for research institutions across several areas. Key updates included the continued implementation of research...more
On May 23, 2024, the NCAA and the five autonomy conferences — known colloquially as the “Power Five” — agreed to terms for a $2.78 billion settlement to resolve three lawsuits in federal court: House v. NCAA, Hubbard v. NCAA...more
On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden...more
Last week, the U.S. Department of Health and Human Services (HHS) Office of Research Integrity (ORI) made the announcement many academic institutions, legal professionals, and observers in the research community had long been...more
On March 8 and 9, the U.S. Department of Education (ED) will host virtual listening sessions to receive public comment on the incentive compensation rule. ED will accept written comments through March 16, per the Federal...more
The Consumer Financial Protection Bureau (CFPB) issued Supervisory Highlights in late September 2022 stating that post-secondary institutions that provide loans directly to students (Institutional Lenders) and that have...more
This advisory summarizes Section 117 requirements and enforcement, highlights key aspects of the updated guidance, and identifies considerations for higher education institutions given the U.S Department of Education’s...more
After nearly one year of advocacy efforts and watchful waiting by education associations and other stakeholders, Congress has now confirmed via legislation that institutions may approach incentive payment requirements for...more
Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more
10/15/2021
/ Alston v NCAA ,
Name and Likeness ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Protected Concerted Activity ,
SCOTUS ,
Section 7 ,
Student Athletes ,
Student Employees ,
Unions
Just days ago, in NCAA v. Alston, the Supreme Court unanimously ruled that the NCAA may place no limits on “education-related” benefits to student-athletes. Siding with current and former student-athlete plaintiffs, the Court...more
On July 8, 2020, the United States Supreme Court decided two cases addressing employers’ religious freedoms in very different contexts: one concerning whether religious school teachers could challenge adverse employment...more
7/29/2020
/ Administrative Authority ,
Administrative Procedure Act ,
Affordable Care Act ,
Age Discrimination ,
Appeals ,
Contraceptive Coverage Mandate ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Disability Discrimination ,
Employer Group Health Plans ,
Employer Mandates ,
Employer Rights ,
Employment Discrimination ,
First Amendment ,
HRSA ,
Injunctive Relief ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Ministerial Exception ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Exemption ,
Religious Freedom Restoration Act (RFRA) ,
Religious Schools ,
Reversal ,
SCOTUS ,
Teachers ,
Trump v Pennsylvania ,
U.S. Treasury
On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association's policy of limiting the compensation paid to...more
On 5 March 2020, the U.S. Department of Education (ED) published an electronic announcement to provide guidance on compliance with federal student financial aid (Title IV) requirements in connection with students for whom...more
3/10/2020
/ Best Practices ,
China ,
Colleges ,
Coronavirus/COVID-19 ,
Department of Education ,
Educational Institutions ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Students ,
Title IV ,
Universities
On 4 February 2020, the Office of Management and Budget (OMB) announced that OMB and the U.S. Department of Education (ED) have decided to withdraw the emergency information collection request that ED had submitted to OCR on...more
2/12/2020
/ Department of Education ,
Disclosure Requirements ,
Education Reform ,
Educational Institutions ,
Gifts ,
Higher Education Act ,
Information Management ,
New Regulations ,
OMB ,
Regulatory Requirements ,
Reporting Requirements
Income share agreements (ISAs) continue to draw interest from schools, policymakers, and other stakeholders searching for solutions to the issue of rising student debt. Last summer, we published a primer outlining some of the...more
On 17 December 2019, the U.S. Department of Education (ED) published in the Federal Register notice of a new information collection request (ICR) related to reporting requirements under Section 117 of the Higher Education Act...more
12/31/2019
/ Department of Education ,
Disclosure Requirements ,
Education Reform ,
Educational Institutions ,
Gifts ,
Higher Education Act ,
Information Management ,
New Regulations ,
OMB ,
Regulatory Requirements ,
Reporting Requirements
On September 20, 2019 the National Labor Relations Board (“NLRB” or “Board”) proposed a rule which, if approved, would exclude graduate and undergraduate student workers, who perform services in connection with their studies,...more
9/30/2019
/ Collective Bargaining ,
Colleges ,
Comment Period ,
Graduate Students ,
NLRA ,
NLRB ,
NPRM ,
Proposed Rules ,
Student Employees ,
Students ,
Teaching Assistants ,
Unions ,
Universities
Amid widespread concern about student debt and calls for higher education institutions to put more "skin in the game," some have looked to income share agreements (ISAs) as part of the solution.
...more
After the tragic February 14 shooting at Marjory Stoneman Douglas High School in Parkland, Florida, students across the country have taken to the streets. Students have met with lawmakers, engaged in protests, and staged...more
3/5/2018
/ Educational Institutions ,
First Amendment ,
Free Speech ,
Gun Laws ,
Mass Shootings ,
Political Expression ,
Political Speech ,
Protests ,
School Districts ,
School Shootings ,
Students
During the Obama Administration the National Labor Relations Board (“NLRB” or the “Board”) opened wider the gates of private colleges and universities to organized labor. In 2014 the Board made it easier for faculty to...more
7/19/2017
/ Administrative Appointments ,
Collective Bargaining ,
Colleges ,
Educational Institutions ,
Graduate Students ,
NLRA ,
NLRB ,
Nominations ,
Special Committees ,
Student Employees ,
Trump Administration ,
Unions ,
Universities
On June 26, 2017, in Trinity Lutheran Church of Columbia, Inc. v. Comer, the U.S. Supreme Court held unconstitutional under the Free Exercise Clause Missouri’s refusal to award a playground resurfacing grant to a church. The...more
7/5/2017
/ Churches ,
Constitutional Challenges ,
First Amendment ,
Free Exercise Clause ,
Grants ,
Public Benefits ,
Religious Discrimination ,
Religious Institutions ,
Religious Schools ,
SCOTUS ,
State and Local Government ,
State Funding ,
Trinity Lutheran Church of Columbia Inc. v Comer
Last week, The Chronicle of Higher Education reported that it had analyzed data released by the U.S. Department of Education (“ED”) and concluded that 177 private colleges and universities failed ED’s financial responsibility...more