Educational institutions and companies working in the education sector operate in an increasingly complex environment that includes government oversight, regulatory compliance, and litigation, with their attendant reputational and financial risks. Educational institutions and their stakeholders face compliance and litigation challenges involving potential foreign financial influence, anti-discrimination statutes such as Title VI and Title IX, and increasingly litigious parties willing to raise controversial, high-stakes issues in class action litigation. Technology is changing the content and delivery models for learning, creating tremendous opportunities, but also data privacy and cybersecurity risks. Protecting investments in intellectual property is increasingly difficult in a global, digital environment.
Steptoe's cross-practice education team draws upon the resources of our firm to meet the innumerable legal issues facing organizations and other stakeholders operating in the education sector. Our team is comprised of attorneys with decades of experience handling complex civil and criminal investigations and litigation, intellectual property litigation and counseling, regulatory compliance counseling, non-profit tax matters, real estate, as well as designing enterprise-wide compliance programs that satisfy both governmental entities and institutions governing athletics.
Our attorneys are aware that the legal environment is evolving rapidly and continuously in the education sector and make it their business to ensure that our clients are up to date on the latest significant legal developments that could impact the way they operate.
Education issues:
- Anti-discrimination statutes such as Title IV, Title VI and Title IX
- Investigations, including into sensitive allegations involving alleged faculty, staff or student sexual or other misconduct
- FCPA & anti-bribery compliance
- Undue foreign influence and internal controls
- False Claims Act and grant fraud
- Export controls and sanctions compliance
- Tax-exemption and IRS regulation
- Antitrust
- Consumer class and mass action defense, including student breach of contract, fraud, false advertising, consumer protection, educational malpractice and data privacy claims
- Family Educational Rights and Privacy Act
- Defense of investor-led securities claims
- Intellectual Property
- Cybersecurity
- Interactions with foreign sovereigns
- Real estate – use of space/leases
- US Government funding and R&D agreements
Obtained dismissal of two putative class actions arising from a data breach involving an educational technology product based on lack of Article III standing.
Represented Adtalem Global Education Inc. and DeVry University, Inc. in developing a global strategy for the resolution of numerous consumer class actions, several mass actions, and more than 400 individual claims before JAMS.
Successfully settled a shareholder derivative and securities suit filed against DeVry and Adtalem following the conclusion of the regulatory investigations.
Represented a renowned private research university in Title IX and associated claims in federal district court.
Obtained dismissal of a multi-district litigation encompassing more than a dozen antitrust actions brought by putative classes of students and off-campus booksellers alleging an unlawful conspiracy among publishers and on-campus bookstore operators to fix prices and eliminate competition in the market for higher education course materials.
Represented educational policy associations as amici curiae in the US Supreme Court in Department of Transportation v. Association of American Railroads, challenging as unconstitutional delegation of legislative rulemaking power to Amtrak.
Represented producer of children’s electronic learning products in class action lawsuits and FTC enforcement action arising out of data breach. Won dismissal of class actions and obtained favorable settlement of FTC action, and helped law enforcement apprehend hacker behind breach and secured copies of breached data.
Conducted Title IX investigation for public university involving allegations of rape, sexual assault, and harassment by multiple tenured faculty members.
Conducted investigations for a nationally-ranked residential liberal arts college in claims asserting violations of Title IX, Title VII, and other anti-discrimination laws.
Conducted an internal investigation of sexual harassment claims for a nationally-acclaimed K-12 private boarding school.
Assisted public university in responding to athletic Title IX investigation by the Office of Civil Rights (OCR).
Led investigation of a large educational institution relating to anti-corruption issues in the context of a project financed by the Inter-American Development Bank.
Advised a major US college fund on Title VI issues relating to scholarships and other educational initiatives.
Advised a leading graduate business school with respect to opening a campus in the United States.
Advised a nationally-ranked residential liberal arts college concerning various civil rights claims made by students, faculty, and administrators.
Counseled an educational institution in Antitrust Division's civil investigation into alleged collusion with competitors relating to curricular offerings.
Developed and implemented athletic compliance program for leading public university.
Evaluated and provided continuing advice for educational institutions and non-profit organizations affirmative action policies and related diversity programs.
Represented the premier research facility of the Canadian government’s nuclear energy program in assisting with US export controls and compliance program support in connection with the Department of Energy Part 810 nuclear export controls regime.
Counseled a large European University for more than 15 years on a variety of issues, including sanctions and export controls matters.
Assisted university in establishing innovation institute supported by the U.S. Department of Defense involving a consortium of for-profit, non-profit, and governmental entities.
Advised multiple large universities on financial conflict of interest and reporting rules under U.S. Government agreements relating to faculty ties to ex-U.S. funders.
Representative Matters
Litigation
Obtained dismissal of two putative class actions arising from a data breach involving an educational technology product based on lack of Article III standing.
Represented Adtalem Global Education Inc. and DeVry University, Inc. in developing a global strategy for the resolution of numerous consumer class actions, several mass actions, and more than 400 individual claims before JAMS.
Successfully settled a shareholder derivative and securities suit filed against DeVry and Adtalem following the conclusion of the regulatory investigations.
Represented a renowned private research university in Title IX and associated claims in federal district court.
Obtained dismissal of a multi-district litigation encompassing more than a dozen antitrust actions brought by putative classes of students and off-campus booksellers alleging an unlawful conspiracy among publishers and on-campus bookstore operators to fix prices and eliminate competition in the market for higher education course materials.
Represented educational policy associations as amici curiae in the US Supreme Court in Department of Transportation v. Association of American Railroads, challenging as unconstitutional delegation of legislative rulemaking power to Amtrak.
Represented producer of children’s electronic learning products in class action lawsuits and FTC enforcement action arising out of data breach. Won dismissal of class actions and obtained favorable settlement of FTC action, and helped law enforcement apprehend hacker behind breach and secured copies of breached data.
Successfully resolved multiple putative class actions challenging the use of remote proctoring and other testing technologies under the Illinois Biometric Information Privacy Act.
Investigations
Conducted Title IX investigation for public university involving allegations of rape, sexual assault, and harassment by multiple tenured faculty members.
Conducted investigations for a nationally-ranked residential liberal arts college in claims asserting violations of Title IX, Title VII, and other anti-discrimination laws.
Conducted an internal investigation of sexual harassment claims for a nationally-acclaimed K-12 private boarding school.
Assisted public university in responding to athletic Title IX investigation by the Office of Civil Rights (OCR).
Led investigation of a large educational institution relating to anti-corruption issues in the context of a project financed by the Inter-American Development Bank.
Compliance and Counseling
Advised a major US college fund on Title VI issues relating to scholarships and other educational initiatives.
Advised a leading graduate business school with respect to opening a campus in the United States.
Advised a nationally-ranked residential liberal arts college concerning various civil rights claims made by students, faculty, and administrators.
Counseled an educational institution in Antitrust Division's civil investigation into alleged collusion with competitors relating to curricular offerings.
Developed and implemented athletic compliance program for leading public university.
Evaluated and provided continuing advice for educational institutions and non-profit organizations affirmative action policies and related diversity programs.
Represented the premier research facility of the Canadian government’s nuclear energy program in assisting with US export controls and compliance program support in connection with the Department of Energy Part 810 nuclear export controls regime.
Counseled a large European University for more than 15 years on a variety of issues, including sanctions and export controls matters.
Assisted university in establishing innovation institute supported by the U.S. Department of Defense involving a consortium of for-profit, non-profit, and governmental entities.
Advised multiple large universities on financial conflict of interest and reporting rules under U.S. Government agreements relating to faculty ties to ex-U.S. funders.
News & Publications
Client Alerts
US Supreme Court Holds Race-Based University Admissions Programs Unconstitutional
June 30, 2023
By: Ryan P. Poscablo, Brigida Benitez, Eric Berman, Dwight J. Draughon, Jr., Patrick F. Linehan, Shannon Reid, Brittney Denley
Press Releases
Steptoe Secures Another PTAB Victory for Trustees of Dartmouth College in Patent Dispute
August 10, 2022
SDNY Blog
October 21, 2021
SDNY Blog
March 26, 2021
Client Alerts
COVID-19 Relief Bill Includes Concerning Provision for Certain Colleges and Universities
January 13, 2021
Publications
Developments Related to Sexual Misconduct on College Campuses
Daily Journal
December 18, 2020
Steptoe Investigations & Enforcement Blog
October 29, 2020
International Compliance Blog
DOJ Continues Its Aggressive Approach in Cases Involving Academics with China Ties
August 14, 2020
Resources
Exempt Organizations Advisory
IRS and Treasury Release Final Regulations on College and University Excise Tax
September 18, 2020