Brandon Sherman devotes his practice to advising institutions of higher education, accreditation agencies, and educational companies that support their missions. Drawing on a combination of legal experience from private practice and government roles at the U.S. Department of Education, Brandon’s experience includes advising institutions on U.S. Department of Education regulations, state authorization, cybersecurity, anti-discrimination laws, marketing and advertising practices, and accreditation. Brandon applies his experience at the U.S. Department of Education to help clients resolve complex regulatory and enforcement challenges. Brandon also served as senior counsel to the Deputy Secretary of the Department, a role that included advising on terminations of institutions’ eligibility to participate in Title IV programs and actions to fine them.
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When institutions are seeking accreditation and state authorization approvals, Brandon assists them throughout these processes. He also provides periodic reviews to help them maintain their status. Brandon also counsels accrediting agencies on the development and application of accrediting standards and procedures, federal regulations, and appeal proceedings. His work in this area is informed by his U.S. Education Department experience, where he served on its higher education accreditation reform committee and explored changes to federal regulatory requirements. He also drafted decisions concerning the recognition of accrediting agencies and state approval agencies.
He also prepares reports and provides advice to institutions concerning compliance with the Federal Trade Commission (FTC)’s prohibition on unfair and deceptive marketing practices.
When institutions are contemplating mergers, acquisitions, and other educational investments, Brandon advises both school owners and investors on regulatory issues.
Brandon’s familiarity with cybersecurity and privacy issues stems from his work coordinating and developing the U.S. Department of Education’s Campus Cybersecurity Program and advising senior staff on cybersecurity legal and policy considerations. He advises institutions on privacy and cybersecurity applicable to institutions, particularly requirements under the Program Participation Agreement, the Gramm Leach Bliley Act, and the Family Educational Rights Privacy Act.
When institutions face allegations of discrimination under Title VI, Title IX, and Section 504, Brandon represents them in investigations by the U.S. Department of Education Office for Civil Rights (OCR). Brandon understands the nuances of these laws from his past role at the OCR, where he advised department officials on legal and enforcement issues, as well as helped revise the investigation process and procedures. In addition, Brandon conducts training for staff and students.
Brandon is a frequent speaker at conferences on issues relating to federal higher education policy, marketing and advertising practices, restructuring of institutions’ operations, accreditation, Title IX and cybersecurity.