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Higher Education Lawyers - Higher Education Law Firm
OVERVIEW

Colleges and Universities

The 50-plus lawyers in our interdisciplinary, firmwide Higher Education Practice Group regularly counsel scores of traditional, nonprofit colleges, universities and research institutions as their leaders work within an increasingly complex legal environment under rigorous cost constraints. Our attorneys include current and former trustees and general counsel, so we understand what it takes to navigate the demands of the myriad constituencies that make up a modern higher education community. We understand the enormous scrutiny under which our clients must operate as they deal with matters that can become highly publicized, with potentially devastating effects upon public and private supporters.

We have served as trusted advisors to countless presidents, senior administrators and general counsel regarding:

  • Governance (by-laws, policies, etc.)
  • Intellectual property, especially securing and commercializing patents and trademarks
  • Transactions with vendors and suppliers
  • Risk management and litigation, including insurance coverage
  • Faculty and staff employment and workplace issues
  • Student affairs (FERPA, Title IX, etc.)
  • Construction and financing of major projects, including joint efforts with the local community
  • Public affairs and government relations
  • Financial aid and grants

The attorneys in our Higher Education Practice Group - several of whom are active in the National Association of College and University Attorneys (NACUA) - provide counsel and litigation support on such matters as:

  • Faculty promotion and tenure
  • First Amendment/free expression issues
  • Staff hiring and transition
  • Executive searches, employment agreements, separations
  • Student services and discipline, privacy (FERPA) and misconduct (Title IX)
  • Study abroad relationships and related issues
  • Conduct of fraternities and sororities
  • Athletics department matters, including Title IX compliance
  • Tax-exempt status compliance
  • Patent prosecution and commercialization
  • Trademark protection and commercialization
  • Copyright law issues
  • Development/fundraising
  • Ethics and conflict of interest policies
  • Financing of capital projects, including tax-exempt bonds and pursuing economic development incentives
  • Negotiating and documenting all types of relationships with external entities, such as suppliers, vendors and local communities
  • Regulatory challenges, such as export controls and environmental regulations
  • Public access (meetings, records, etc.) compliance and challenges
  • Relations with government at all levels, including lobbying of state and federal legislative and executive bodies
  • Assistance with public affairs and communications strategies
  • Student loan documentation and compliance
  • Tax qualified retirement plans, 457(b) plans, 403(b) plans and other deferred compensation arrangements
  • Health and welfare plans, including compliance with the Affordable Care Act
  • Design, drafting and implementation of faculty and staff early retirement programs
  • Federal financial aid and related regulation and enforcement (including Title IV)
  • Accreditation 
  • Grant and fundraising compliance

While higher education institutions have similar, fundamental characteristics, each has a unique culture. We invest our own time to become knowledgeable about our client's history and traditions. We deliver sophisticated legal services to our higher education clients in a cost-effective manner, drawing on our experience with building budgets and living within them.

Practice Leaders

Janilyn Daub

Janilyn Brouwer Daub

Partner
Higher Education Practice Co-Chair

South Bend, Elkhart

P 574-237-1139

F 574-237-1125

Christopher Bayh

Christopher J. Bayh

Partner
Higher Education Practice Co-Chair

Indianapolis, Washington, D.C., Chicago

P 317-231-7449

F 317-231-7433

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EXPERIENCE

  • A Barnes & Thornburg attorney represented an educational institution in a multiple plaintiff federal lawsuit, obtaining an order compelling arbitration of claims over a challenge that the arbitration clauses were not executed and unenforceable.
  • Advised multiple private universities as Borrower’s Counsel and/or Bond Counsel in tax-exempt financing matters.
  • Advised presidential search committee of public institution on all legal aspects of process.
  • Advised private university on immigration compliance issues according to DHS requirements as a designated institution of higher education approved to issue F-1 International Student Visas, and J-1 Exchange Visitor Visas. Provided guidance on individual student issues related to visa status and allowable employment authorization situations.
  • Advised private university on the design and implementation of a faculty early retirement incentive program. The focus included age discrimination and tax compliance consideration.
  • Advised related foundation on all aspects of capital campaign, including out-of-state registration of fundraisers.
  • Assisted a supporting organization operated to benefit a public elementary school receive reinstatement of its recognition of its Section 501(c)(3) status from the Internal Revenue Service.
  • Assisted private universities in various transactions with local government, including incentives, real estate development, property tax and similar matters.
  • Assisted private universities with corporate governance, general corporate matters and business contracts and other transactional matters
  • Assisted private university with the consolidation of multiple vendors into a single recordkeeper model for the university's 403(b) plan. The advice focused on fiduciary considerations of the 403(b) plan committee, contract review and negotiation and plan document/summary plan description design and drafting.
  • Currently representing University client in lawsuit filed in federal court alleging race discrimination in violation of Title VII, Tortious Interference, Breach of Contract, and Defamation.
  • Obtained and affirmed summary judgment for employer in faculty claim.
  • Obtained and affirmed summary judgment for employer in gender bias suit.
  • Provided pro bono employment law support in the form of counseling and advice.
  • Represent K-12 client before Equal Employment Opportunity Commission and Indiana Civil Rights Commission. Also provide daily counseling to client regarding employment issues.
  • Represented institutions of higher education before DHS to obtain the nonimmigrant O-1 visa for professors and researchers, based upon the foreign national’s extraordinary ability in the arts, sciences or business.
  • Represented medical institutions affiliated with institutions of higher education to obtain H-1B cap exempt status for foreign physicians and researchers.
  • Represented universities to obtain EB-1 immigrant visas for permanent residency based on the foreign national’s extraordinary ability or national interest waivers given the field of study and contributions to the United States.
  • Represented university client in case filed in federal court alleging race discrimination in violation of Title VII.
  • Served as principal advisor to university president and board of trustees in analysis of creation of law school.
PROFESSIONALS
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