Industries: Education

Latest News:

IRS Releases 2011 Form 990 for Exempt Organizations (1/25/2012)

Adjunct Professor Held an Employee; Teaching Expenses Subject to 2% Floor (9/19/2011)

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McGuireWoods’ interdisciplinary education team has assisted more than 100 higher education institutions in issues ranging from accreditation and athletics to tenure and tax-exempt financing. Our broad experience allows us to view these issues comprehensively – whether professors are demanding a strong voice in governance, students are demanding better dorms, or an accrediting body is demanding changes in curriculum. McGuireWoods understands that each client’s status as a higher education institution demands specialized solutions to complex challenges.

Our team members have been actively involved in shaping solutions for years. Our partners include several prominent members of various state and federal education agencies, including a past deputy general counsel of the U.S. Department of Education, as well as numerous adjunct higher education law school professors.

Additionally, McGuireWoods is a proud and active member of the National Association of College and University Attorneys (NACUA) and of the Association of Private Sector Colleges and Universities (APSCU), formerly the Career College Association.

Experience

In addition to assisting our higher education clients in the areas listed below, we also provide comprehensive legal compliance audits, designed to identify legal concerns and offer solutions so institutions will be ready to respond to government inquiries in this highly-regulated environment.

  • Academic Freedom/Tenure
  • Accreditation
  • Athletics/NCAA Rules
  • College Art Collections
  • Corporate Governance
  • Crisis & Advocacy Communications
  • Department of Education Compliance & Investigations (program integrity rules, etc.)
  • Government Relations & Public Policy
  • Employee Benefits & Executive Compensation
  • Endowment Management
  • Environmental
  • For-Profit School Regulatory Compliance
  • Greek & Other Student Organizations
  • Immigration
  • Intellectual Property
  • International Study Programs
  • Labor & Employment
  • Medical Issues
  • Office for Civil Rights Compliance & Investigations (disability discrimination laws, Title IX, etc.)
  • Over-the-Counter Derivatives
  • Police Issues
  • Private Equity
  • Real Estate & Construction
  • Religious Affiliation
  • Research
  • Risk Management
  • Student Conduct & Safety
  • Student Health Issues
  • Student Lending & Financial Aid
  • Student Privacy (FERPA, HIPAA, counseling, etc.)
  • Tax & Nonprofit
  • Tax-Exempt Financing
  • Technology Transfer

 

Representative Work

  • Litigation & Disputes
    • Defended a university and its personnel in a lawsuit to enjoin the first ever NCAA football game played on foreign soil.
    • Argued a landmark case dismissing constitutional church-state challenges to the use of tax-exempt financing by religious colleges.
    • Defended numerous internal appeals and federal lawsuits challenging, on the grounds of – for example – age, gender, race, religion, and/or national origin, denials of tenure to college or university professors.
    • Defended a college in connection with an Establishment Clause challenge to the constitutionality of its campus police force.
    • Represented colleges and universities in a wide range of disputes with vendors, suppliers, and licensors.
    • Defended a university in a large defamation case brought by its former head football coach resulting from his termination.
    • Represented a university in a lawsuit over access to police records.
    • Defended a university in a lawsuit by a commercial sports garment manufacturer regarding a logo-related trademark dispute.
    • Represented several colleges and universities in serious employment matters before the EEOC and federal courts.
    • Handled major Title IX challenge of a university’s athletic program.
    • Represented a college in high-profile litigation stemming from its decision to sell artworks from its collection.
    • Represented several universities in litigation with accrediting agencies and students over accrediting issues at both undergraduate and professional levels.
    • Defended a national championship athletic program in a multi-sport NCAA and conference investigation.
    • Defended colleges and universities in challenges by students and parents of honor code and judicial conduct code convictions.
  • Transactional
    • Represented a university in negotiating a contract to hold a U.S. presidential debate on campus and then, on the day of the debate, defended the university and the Presidential Debate Commission in a lawsuit in federal court to enjoin the debate.
    • Represented numerous universities in breakups of, or withdrawals from, athletic conferences.
    • Assisted in the development of the corporate governance documents and contractual arrangements for university-operated business incubators.
    • Registered the athletic logos and other key trademarks for colleges and universities and developed trademark licensing programs.
    • Prepared materials for use in development and planned giving programs.
    • Represented numerous colleges and boards of trustees in negotiating employment agreements and specialized compensation arrangements for presidents and other high-level administrators.
    • Provided training for board members regarding fiduciary duties and responsibilities.
    • Provided advice regarding insurance coverage.
    • Conducted complete website audits for multiple colleges and universities and prepared legal terms of use.
    • Advised and assisted a university with compliance under the Digital Millennium Copyright Act, resulting in complete liability shield for the university several years later when a student was charged by the Recording Industry Association of America (RIAA) with illegally transmitting MP3s online using the university's network.
    • Designed and implemented one of the first early retirement incentive programs for faculty to qualify for exemption from federal age discrimination laws.
    • Rewrote tenure policies, faculty handbooks and faculty grievance procedures.
    • Identified adverse tax consequences under a presidential deferred compensation plan and developed a strategy to restructure the plan to achieve more favorable tax results.
    • Developed a separate, tax-exempt "supporting organization" to manage a private university’s endowment.
    • Counseled lenders and guaranty agencies on their compliance with the prohibition against inducements, including in connection with annual compliance audits and the Common Review Initiative.
  • Governmental Inquiries
    • Represented a university in a year-long IRS examination of its section 403(b) tax-deferred annuity plan and various compensation arrangements for senior administrators.
    • Represented large banks with investigations by both the Education Department's Office of Inspector General (OIG) and Federal Student Aid (FSA) relating to the prohibition against inducements.
    • Conducted an internal audit of a large student loan company in connection with a federal regulatory compliance matter.
    • Represented numerous colleges and universities in connection with Office for Civil Rights complaints and investigations.
    • Represented for-profit colleges with investigations by OIG and FSA relating to incentive compensation and the 90-10 Rule.