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Higher Education
Covering your campus's legal issues

The legal issues facing colleges and universities are more challenging than ever, reaching every corner of campus life with increasing complexity.  From discipline to drones, Title IX to taxes, FERPA to financing, Saul Ewing Arnstein & Lehr has a deep bench of lawyers who wrestle with these issues every day, including acting as general counsel to small colleges and universities without in-house lawyers.  In the past few years, our Higher Education Practice has rendered service in some of the nation’s  highest profile matters:

  • Multi-campus university systems in large-scale government investigations and in proactive compliance reviews and audits (Clery Act, Title IX, Title IV, Title II, minors on campus);
  • Colleges and universities of all sizes and types on comprehensive policy reviews and revisions;
  • Defending institutions in front-page news lawsuits, including allegations of hazing, child abuse, sexual violence, student death, suicide, faculty dismissal, racial discrimination, ADA discrimination, etc.

Other Areas of Practice

  • Faculty and other employee relations
  • Tenure and promotion; benefits; FMLA, discrimination claims
  • Regulatory compliance across the campus
  • Health care, including HIPPA
  • Esports
  • Non-profit tax issues
  • Litigation defense 
  • IP and technology protection
  • Cybersecurity and privacy, including GDPR and FERPA
  • Transactions – vendor contracts; real estate, public finance; research partnerships
  • Endowment development; estates and trusts

See Related Services Offered for Higher Education

My attorney’s ‘in-house perspective’ makes her quicker on the uptake when it comes to identifying the business risk of a legal decision. She also knows us and our business people and communicates with the right finesse.
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Covering your campus's legal issues
Higher Education Practice

Representing colleges and universities nationwide


Experience

Saul Ewing Arnstein & Lehr attorneys have represented higher education clients in these select matters: 
  • Labor and Employment
    Represented Pennsylvania community college in a very sensitive employment discharge case involving a high-ranking school official.
    Defended major Ivy League university against claim filed by former employee alleging that the university provided defamatory information to a subsequent prospective employer.
    Defended public university against First Amendment claims brought by tenured professor.
    Defended public university against claim of wrongful termination brought by research professor.
    Defended prestigious liberal arts college in Americans with Disabilities Act case brought by professor in response to disciplinary proceedings commenced against him.
  • Policies and Procedures
    Scrutinized entire catalog of prominent Pennsylvania liberal arts college and assisted college in implementing various clarifications and changes to policies and procedures, particularly those involving student discipline and internal student conduct board.
    Performed comprehensive and now annual review of student code of conduct for a large, publicly assisted university.
    Advised Ivy League university regarding permissible discipline against student who falsified certain financial aid information.
    Reviewed and revised bylaws of Maryland liberal arts college.
    Advised publicly assisted university regarding its admission policies in light of federal law regarding admission of undocumented aliens.
  • Major Premises Liability Defense
    Successfully obtained dismissal for an Ivy League university in student suicide litigation.
    Obtained summary judgment in Pennsylvania state court for large university in a case filed by parking garage employee intentionally struck by an automobile.
    Defended several colleges and universities against variety of major premises liability cases, including: blind graduate student who fell into excavated hole near campus; graduate art student burned while working on sculpture project after business hours; student who died from drugs delivered to her campus dormitory by a student who had been banned from campus; women’s crew team member killed during race; student shot and killed on a public university campus; employee intentionally assaulted by prowler in early-morning attack; chemistry student injured outside of laboratory; employee injured in elevator malfunction; and visiting parent struck by bicyclist on campus.
    Defended wrongful death suit claiming university dorm security breached standard of care.
  • Other Litigation Defense
    Defended a university against challenges to use of its endowment.
    Defended against Free Speech claims by student suspended for posting disturbing web material.
    Defended against Freedom of Association challenge to suspension of fraternities.
    Defended ophthalmologic institution against claim that it improperly participated in scientific clinical study.
    Defended college against claim that veterinary professor provided allegedly negligent advice regarding equine drugs.
    Defended a university against claims of improper receipt and use of donated human tissue.
    Defended Maryland community college against student's claim that college provided a "warranty" with regard to its services.
    Represented school in Title IV federal student aid program review appeal to the United States Department of Education.
    Defended university physical therapy clinic in malpractice action.
  • Financing
    Secured financing for Bucks County and Montgomery County based community colleges.
    Structured financing for new bookstore for private university using new market and historic tax credits.
  • Real Estate
    Negotiated acquisition, financing, design and construction agreements in connection with an internationally-renowned museum and art school’s expansion into another facility, and the agreements pursuant to which the institution is moving from its current facilities to make way for the expansion of a convention center.
    Negotiated the acquisition of abandoned Chrysler assembly plant, obtaining approval from bankruptcy court, on behalf of a local university.
    Negotiated agreements, and obtained all necessary approvals and variances, for expansion of a Delaware-based city college’s main campus.
  • Faculty/Credentialing
    Obtained dismissal on behalf of Ivy League veterinary professor who was sued by a racehorse trainer as a result of professor's actions in certifying racehorses.
    Counseled Philadelphia-based college through process of terminating tenured professor.
    Assisted a college in collective bargaining negotiations with employees' union and provided labor advice.

Intellectual Property

Real Estate Services

Business and Finance

Litigation

Labor and Employment

 

News

November 20, 2019
/ Alerts & Newsletters
With the NCAA’s Decision to Permit Amateur Name Image Likeness Compensation, Student-Athletes and Legislators Score a Big Win; But Will It Be a Draw at the End of the Season?
November 4, 2019
/ Alerts & Newsletters
Colleges and Universities That Use Behavioral Tracking for Recruiting and Admissions Should Beware of Privacy Compliance Pitfalls
October 30, 2019
/ Alerts & Newsletters
NCAA to Allow Student-Athletes to be Paid for Name, Image, and Likeness
October 22, 2019
/ Alerts & Newsletters
Pennsylvania Court Finds College Has Limited Duty to Provide Athletic Trainers to Student Athletes
October 14, 2019
/ News
Richards Contributes to United Educators Article Regarding Campus Sexual Harassment
October 3, 2019
/ News
Higher Education Practice Vice Chair Josh Richards Quoted in IHE
September 30, 2019
/ News
Higher Education Partner Piccola Quoted in the U.S. News and World Report
September 25, 2019
/ News
Insight From Duston in Law360 on New OT Rule
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Events

No Upcoming Events for Higher Education
Richards and Riggs Present at the NACUA November CLE Workshop
View Past Events

Recognition

The group includes attorneys who have received the following recognition:

  • Super Lawyers

    Super Lawyers selects attorneys using a patented multiphase selection process, utilizing 12 indicators of peer recognition and professional achievement.

  • Chambers USA

    Chambers and Partners uses a team of more than 140 researchers to rank lawyers on the basis of their legal knowledge and experience, their ability, their effectiveness and their client-service.

  • Benchmark Litigation - State Litigation Star in Pennsylvania

    Benchmark Litigation employs researchers who conduct interviews with litigators and their clients, examine recent casework handled by law firms and ask individual litigators to offer their professional opinions on peers.

  • Best Lawyers in America list

    Inclusion in Best Lawyers is based entirely on peer review, employing a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.

  • Benchmark Litigation: Under 40 Hot List

    Through a process of peer review and case examination, the Under 40 Hot List has been compiled over a process of many months to assemble a collection of young, up-and-coming attorneys.

Each of the foregoing accolades has its own selection criteria, none of which have been approved by the relevant state supreme courts.

Trade Groups & Associations
  • National Association of College and University Attorneys (NACUA)
  • University Risk Management and Insurance Association (URMIA)
  • Association of University Technology Managers (AUTM)

Contacts

James A. Keller
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William E. Manning
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James D. Taylor, Jr.
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Joshua W. B. Richards
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Christina D. Riggs
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