Higher Education
With more than 70 dedicated attorneys serving institutions nationwide, Barnes & Thornburg’s Higher Education practice is one of the largest and most experienced legal teams in the country focused on the needs of colleges and universities. We advise institutions across the full higher education spectrum — from globally recognized research universities enrolling more than 40,000 students to regional public institutions and private liberal arts colleges with highly specialized missions. Our clients span more than 40 states, including major research institutions in 37 of them.
Our team includes seasoned litigators, regulatory and compliance leaders, former university trustees, and former in‑house counsel who understand the operational, governance, financial, and reputational pressures facing higher education leaders. We serve as a trusted extension of institutional leadership, working closely with presidents, general counsel, boards, and senior administrators on matters with long‑term strategic impact.
Barnes & Thornburg is consistently recognized by leading legal directories for its depth in higher education law. Clients describe our attorneys as “professional and exceptional” and “responsive and understanding of the issues we face” (Chambers USA).
Our work spans every priority area facing modern higher education leaders, including:
Intercollegiate Athletics: We advise institutions across every major athletics conference on issues including House settlement implementation, NIL governance and compliance, internal and external investigations, facilities and capital projects, IP licensing, litigation, and sports medicine protocols. We have represented programs collectively earning 38 national championship titles across NCAA Divisions I, II, and III. Learn more about our work in Collegiate Athletics.
Artificial Intelligence and Emerging Technology: We guide institutions through the rapidly evolving legal landscape of artificial intelligence (AI) and emerging technologies. Our team assists with developing comprehensive AI governance structures, drafting campus‑wide policies, and ensuring compliance with emerging federal and state AI regulations. We counsel clients on issues involving academic integrity and generative AI, data privacy and algorithmic bias, research compliance for AI‑enabled projects, and negotiation of vendor agreements for institution‑wide AI tools. We also advise on AI‑related joint ventures and startup collaborations, IP protection and risk assessment for AI innovations, and employment considerations related to AI deployment. We help institutions balance innovation with risk management, enabling responsible AI adoption that protects institutional interests and student rights.
Civil Rights Compliance and Policy Development: We counsel institutions on Title VI, Title VII, Title IX, ADA, and related civil rights requirements, as well as the ever‑evolving DEI laws and policy shifts around diversity, equity and inclusion practices. We help campuses navigate federal and state investigations, litigation, compliance reviews, and policy development to create durable and legally sound frameworks.
Labor and Employment: We provide proactive strategic guidance and vigorous defense on all employment matters, including Title VII, ADA, ADEA, FMLA, Rehabilitation Act, wage and hour issues, WARN Act compliance, tenure and promotion cases, and misconduct investigations. Our traditional labor lawyers advise on union organizing, collective bargaining, and unfair labor practice proceedings.
Immigration Services: Our immigration team assists with nearly every visa and immigration issue facing institutions, including H‑1B, O‑1 Extraordinary Ability, and EB‑1 Outstanding Researcher/Professor classifications; Conrad 30 Waivers; PERM labor certification; I‑9 compliance and training; and F‑1 student visa considerations — including the intersection of student immigration status with athletics and NIL participation.
Intellectual Property and Technology Transfer: We provide comprehensive intellectual property counsel to universities, guiding patent prosecution and portfolio management, technology transfer, policy development, compliance with regulatory requirements, and dispute resolution to ensure effective protection and commercialization of academic innovations.
Planned Giving, Restricted Gifts, and Endowment Governance: We advise institutions in connection with charitable giving, donor restricted funds, and long term endowment management. Our attorneys negotiate restricted gift agreements and assist institutions in balancing donor intent with operational needs. We also provide fiduciary guidance on endowment investments, including UPMIFA compliance, investment policy development, committee governance, and oversight of investment managers. We help institutions manage charitable assets prudently and sustainably to support mission driven priorities.
Real Estate, Construction, and Facilities Development: We advise on projects ranging from residence hall renovations to campus‑wide master facilities plans approaching $1 billion in infrastructure investment. Our team navigates permitting, environmental compliance, procurement, zoning, and complex development and construction agreements.
High‑Stakes Litigation: We represent higher education clients in complex matters across state and federal courts, including civil rights class actions, First Amendment disputes, Title IX cases, employment litigation, and high‑exposure personal injury and premises liability claims — matters where reputational considerations are paramount.
Investigations and Crisis Management: Institutions rely on us to anticipate, manage, and resolve crises that affect their campus communities. Our attorneys have been appointed by governors and state attorneys general to conduct major campus investigations. We also handle sensitive internal matters and provide actionable recommendations to institutional leaders.
While the matters above represent our most frequent engagements, Barnes & Thornburg’s 800+ legal professionals are equipped to address virtually every issue colleges and universities face — from tax‑exempt status and nonprofit governance to data privacy, cybersecurity, environmental compliance, and beyond. We ensure higher education institutions have access to the right resources at the right time.