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Farnaz Thompson

Farnaz Farkish Thompson Partner

Washington, D.C. T +1 202 857 2488 F fax +1 202 828 3358
Los Angeles – Century City T +1 310 956 3466
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As a member of the firm’s Board of Partners and co-leader of McGuireWoods’ Education Industry Team, Farnaz has extensive experience representing corporations and institutions of higher education in high-profile litigation and government investigations. She is a trusted advisor with a keen eye for due diligence in education-related transactions, including those within the edtech sector.

Chambers USA and Legal 500 United States have recognized Farnaz as a leading lawyer in education law.  She also was honored as a top education author by JD Supra in its Readers’ Choice Awards. Her education deal, where she served as the education regulatory counsel, was a finalist in the M&A Advisor Awards for consumer discretionary deal of the year and private equity deal of the year in 2024.

A former deputy general counsel at the U.S. Department of Education and in-house counsel at the University of Virginia, Farnaz advises clients on employment and education laws to identify and resolve issues before they become adversarial in nature. She zealously represents clients before federal agencies, including the U.S. Department of Justice and U.S. Department of Education.

Farnaz successfully defends employers, state agencies, government officials, institutions of higher education and academic medical centers, as first chair, before federal and state trial and appellate courts. She handles a variety of civil litigation, including cases concerning civil rights, torts, breach of contract, employment and constitutional claims under 42 U.S.C. § 1983.

Farnaz represents clients in internal and government investigations concerning civil rights laws, such as Title VI of the Civil Rights Act of 1964 (discrimination based on race, color or national origin), Title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex and national origin) and Title IX of the Education Amendments of 1972 (discrimination based on sex). Her deep knowledge of education laws and regulations includes the Higher Education Act of 1965, as amended; accreditation; borrower defense to repayment; gainful employment; financial responsibility standards; FERPA and other privacy laws; the Clery Act; and the Violence Against Women Act (VAWA).

Farnaz is experienced with student and employee disciplinary issues, including under Title VI and Title IX, and has represented institutions in such matters in several of her previous roles. Representing institutions in Title IX cases requires a nuanced approach, as the institution must balance legal compliance with compassion and care, supporting victims while providing a fair process for both parties, including the accused. Farnaz strikes this balance and is a trusted resource for her clients.

Farnaz’s work at the Department of Education included advising officials on litigation strategy and working closely with the U.S. Department of Justice in cases arising under federal antidiscrimination laws and the Administrative Procedure Act. Government officials also relied on her close counsel in preparation for congressional investigations and hearings.

At the University of Virginia, she advised university officials on federal education and employment laws and represented the university and its academic medical center in litigation. She also drafted the university’s antidiscrimination and conduct policies, including free speech policies.

Farnaz is a Virginia Law Foundation fellow and a former faculty member for Virginia State Bar’s Professionalism Course. She began her legal career as a law clerk to the Honorable Eric G. Bruggink, Senior Judge, U.S. Court of Federal Claims, and later as a law clerk to the Honorable Leroy Rountree Hassell, Sr., the former Chief Justice, Supreme Court of Virginia.

Experience
  • Obtained a nationwide preliminary injunction under the Administrative Procedure Act against a federal student aid regulation on behalf of a coalition of schools.
  • Prevailed on a motion for summary judgment on behalf of a public flagship institution in a high-profile First Amendment lawsuit that drew national media attention.
  • Represented a proprietary institution before the U.S. Department of Education, Federal Student Aid’s Borrower Defense Unit, regarding hundreds of borrower defenses to repayment claims under Title IV of the Higher Education Act of 1965, resulting in no adverse action against the institution.
  • Successfully represented a proprietary institution and private equity firm before the Federal Student Aid Office in a recertification of its program participation agreement such that the fund was not required to assume joint and several liability for the institution.
  • Obtained full dismissal of all employment discrimination claims under Title VII and 42 U.S.C. § 1981 against a public research institution and its academic medical center. The U.S. Court of Appeals for the Fourth Circuit upheld the decision.
  • Obtained full voluntary dismissal of tortious interference with contract and fraud claims against a dean of a community college in a case concerning the accreditation of an academic program.
  • Obtained a federal, nationwide prefiling injunction against a disbarred attorney for government officials.
  • Argued an appeal to defend a state agency’s ruling before the Supreme Court of Virginia, which the Supreme Court affirmed in part.
  • Co-authored the Title IX Final Rule, 85 Fed. Reg. 30,026 (May 19, 2020), the first set of regulations defining and prohibiting sexual harassment as a form of sex discrimination.
  • Co-authored the Borrower Defense to Repayment and Institutional Accountability Final Rule, 85 Fed. Reg. 49,788 (Sept. 23, 2019), setting forth the standard for federal student loan forgiveness as a result of a substantial misrepresentation and financial responsibility standards for institutions of higher education that receive federal student aid.
  • Lead attorney in negotiated rulemaking under Title IV of the Higher Education Act of 1965, as amended, including for Accreditation and State Authorization Final Rule, 84 Fed. Reg. 58,834 (Nov. 1, 2019), defining the roles and responsibilities of accrediting agencies, states, and the federal department of education in oversight of institutions of higher education participating in federal student aid programs.
  • Represented a public university before the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), regarding its compensation practices and policies and other employment law issues. OFCCP’s compliance evaluation ended amicably through a conciliation agreement.
  • Represented a public university before the U.S. Department of Education, Office for Civil Rights in a five-year compliance review under Title IX that ended amicably through a resolution agreement.

Events

  • Speaker, Hot Topics in Higher Education, June 3, 2025
  • Speaker, "The State of the Union: Executive Orders and Actions on DEI and Immigration," CICV, March 3, 2025
  • Speaker, "The State of the Union: Executive Orders and Actions on DEI Immigration," AICUP, February 27, 2025
  • Speaker, Hot Topics in Higher Education, DEI 2025 Legal Enforcement Webinar Series, February 19, 2025
  • Speaker, "The State of the Union: Executive Orders and Actions on DEI and Immigration," NAICU, February 4, 2025
  • Speaker, "Whose Employee Are You? Misrepresentations by External Service Providers," CECU, January 16, 2025
  • Speaker, "Affirmative Action, Fearless Fund: Impact on Scholarship Funds," 21st Annual Nonprofit Seminar, October 2024
  • Speaker, Hot Topics in Higher Education, September 10, 2024
  • Speaker, Hot Topics in Higher Education, May 2, 2024
  • Speaker, "Defending Corporate DEI Programs After the Supreme Court’s Students for Fair Admissions Decision," Retail Law Conference – RILA/RLC, October 26, 2023
  • Speaker, "Animal, Vegetable, Employee, or Contractor? New Federal Independent Contractor Tests for 2023," 20th Annual Nonprofit Seminar, September 2023
  • Speaker, EdTech Webinar, July 27, 2023
  • Presenter, "Defenses for Corporate DEI Initiatives," Retail Industry Leaders Association, July 24, 2023
  • Speaker, "Future of Work: Managing Legal/Compliance Risks with Hybrid & Remote Work Employees," National Association of College and University Association Annual Conference, Chicago, IL, June 29, 2023
  • Speaker, "Who Has to Sign that Program Participation Agreement?," Career Education Colleges and Universities Annual Convention, Kansas City, MO, June 21, 2023
  • Panelist, "While You Were Sleeping: Dealing with Dramatic Changes in Religious Clause Jurisprudence," National Association of College and University Attorneys, Spring 2023 CLE Workshop, San Diego, CA, March 24, 2023
  • Speaker, Hot Topics in Higher Education, February 8, 2023
  • Moderator, "Balancing Free Speech: Academic Civility and Inclusivity," 2022 Virginia Education Summit, October 28, 2022
  • Speaker, Hot Topics in Higher Education Webinar, August 24, 2022
  • Panelist, "CFPB Update: Priorities for Institutions of Higher Education and Beyond," Career Education Colleges and Universities, Annual Convention, June 2, 2022
  • Panelist, "Joint and Several Liability for Owners: Should I Sign that Program Participation Agreement?," Career Education Colleges and Universities, Annual Convention, June 1, 2022
  • Panelist, "Sexual Misconduct Concerns Involving Patient Care at Academic Medical Centers, Healthcare-Related Schools, Student Health Centers, and Athletic Training Services," National Association of College and Universities Association, Virtual Webinar, May 19, 2022
  • Speaker, Hot Topics in Education Webinar, March 22, 2022
  • Speaker, "Academic Medical Centers," National Association of College and University Attorneys Spring Employment Law Workshop, Indianapolis, IN, March 2022
  • Speaker, "Building Coalitions to Advance or Derail Policy Priorities," Council for Christian Colleges and Universities International Forum, February 2022
  • Speaker, "Building Coalitions to Advance or Derail Policy Priorities," Council for Christian Colleges and Universities International Forum, February 2022
  • Speaker, COVID-19 Vaccination and Testing Mandates for Higher Education Institutions, December 8, 2021
  • Speaker, "COVID-19 Vaccination Mandate: OSHA ETS and the Executive Order for Federal Contractors and Federal Subcontractors," National Association of Independent Colleges and Universities, November 17, 2021
  • Speaker, "Overview of the Occupational Safety and Health Administration’s Emergency Temporary Standard," Career Education Colleges and Universities CEO Summit in Philadelphia, PA, November 10, 2021
  • Speaker, "In a State of Flux – The Future of Employment Compliance Amidst the Pandemic’s Effects," National Association of College and University Attorneys Fall 2021 Virtual CLE Workshop, November 10, 2021
  • Speakers, Investigations and Crisis Management for Educational Institutions, November 4, 2021
  • Speaker, "COVID-19 Vaccination Mandate: The Implications for Institutions of Higher Education," Career Education Colleges and Universities Webinar, November 2, 2021
  • Organizer and Moderator, "Title IX Case Law and Regulations Governing Sexual Harassment on College Campuses – In a State of Flux," Virginia CLE, August 17 and September 15, 2021
  • Speaker, "Borrower Defense: How to Respond to Borrower Defense Claims, Preserve all Applicable Defenses for any Hearing or Litigation, and Engage in Effective Government Relations Strategies," Career Education Colleges and Universities (CECU), Webinar, July 28, 2021
  • Speaker, Post-Alston Name, Image and Likeness Implications for Education Benefits and Title IX, July 15, 2021
  • Speaker, "Is Faithful Execution Being Devoured by Factional Execution?," The Federalist Society Webinar, May 2021
  • Speaker, "Practical Steps to Protecting and Preserving Your Institutions Title IX and Title VII Religious Exemptions," Council for Christian Colleges and Universities Webinar, April 2021
  • Speaker, "Resolve This! Learning from Recent OCR Title IX Resolution Agreements to Improve Policies, Procedures, and Case Handling at Your Institution," National Association of College and University Attorneys, Annual Conference, San Francisco, CA, June 2016

Insights

  • Selected for inclusion in The Best Lawyers In America, Litigation – Labor and Employment, 2023-2026
  • Selected for inclusion in Leading Lawyers, Higher Education, Nationwide, 2025, Chambers USA
  • Selected for inclusion in “Legal 500 United States,” Education, 2023, 2024, 2025
  • Recognized in “Readers’ Choice Awards,” Named a Top Education Author, JD Supra, 2023
  • Selected for inclusion in “Legal 500 United States,” Education, 2022
  • Recipient, Significant Service Award, Virginia State Bar Young Lawyers Conference, 2013

Spotlight

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