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The Consumer Financial Protection Bureau continues to expand its presence into different businesses, including for-profit colleges. On April 17, 2024, the CFPB issued a consent order against a for-profit college for computer programming. According to the consent order, the school “offers training...

With the recent emergence of Name Image Likeness ("NIL") compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have been around as long as some of the oldest colleges and universities in the...

On February 14, 2024, the Delaware Office of Marijuana Control (OMC) released draft regulations for the state’s adult-use cannabis market. Public comment is due on or before March 29, 2024. These regulations include the rules applicable to the licensing of adult-use cannabis businesses; the...

On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board . Coalition for TJ involves an admissions policy at a prestigious public magnet high school which has significantly impacted racial demography at the...

On August 24, 2023, the United States Department of Education's Office for Civil Rights ("OCR" or the "Department") released a Dear Colleague Letter (the "DCL") regarding "Race and School Programming." This DCL, which surely appears to be a response to the Supreme Court's ruling in Students for Fair...

On August 4, 2023, the U.S. Department of Justice (DOJ) published in the Federal Register a Notice of Proposed Rulemaking (NPRM) on Accessibility of Web Information and Services of State and Local Government Entities. The DOJ Fact Sheet is at Fact Sheet: Notice of Proposed Rulemaking on...

In an effort to combat discrimination and harassment based on caste, numerous colleges and universities have amended their nondiscrimination policies to explicitly prohibit misconduct based on caste. Institutions of higher education are joined in this effort by some states and municipalities...

Maryland voters overwhelmingly approved Question 4, a ballot measure to legalize adult-use cannabis, on November 8, 2022. 1 The Cannabis Reform Act ‒ which was signed into law by Governor Wes Moore on May 3, 2023 and went into effect on July 1, 2023 ‒ established the Maryland Cannabis Administration...

A recent Law360 article by Peter Murphy provided that to-date, cannabis companies are unlikely to challenge the constitutionally of mandating labor peace agreements (LPAs) as a condition of state cannabis license. It looks like change is in the air. What You Need to Know: A Rhode Island cannabis...

After extensive negotiating, party-line votes, and resolution of conflicts between the senate and house, Minnesota’s Adult-Use Cannabis bill (“HF 100” or “the bill”) is finally headed to the Governor’s desk. The Governor has indicated he is eager to sign the bill, making Minnesota the 23rd state to...

On Friday, April 21, 2023, Gov. John Carney issued a press release indicating he would not veto two legalization bills on his desk as he did one year ago, and they would go into effect on Sunday, April 23, 2023. Sources suggest that, unlike last year, the Democratic-controlled General Assembly would...

On April 6, 2023, the United States Department of Education (“ED”) issued a Notice of Proposed Rulemaking (the “NPRM”) related to Title IX of the Education Amendments of 1972 (“Title IX”). The NPRM, entitled “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal...

On February 15, 2023 (updated February 16, 2023), the United States Department of Education (“ED,” or the “Department”) released a Dear Colleague Letter [1] (the “DCL”) regarding the “Requirements and Responsibilities for Third-Party Servicers and Institutions.” This DCL announces additional...

On January 26, 2023, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published a letter and resolution agreement regarding a December 2020 complaint (OCR Complaint # 04-21-2060) filed against Troy University by a student alleging discrimination on the basis of pregnancy in...

On December 15, 2022, the National Labor Relations Board’s Los Angeles regional office determined that an unfair labor practice charge (ULP) alleging that student-athletes should be classified as employees has “merit.” The National College Players Association filed the ULP in February 2022 against...

As the cannabis industry continues to grow and expand at a rapid pace, successful operators could become the targets of labeling class actions that have plagued the traditional food and beverage industry for decades, especially in plaintiff-friendly jurisdictions like California. Suits related to...

As interest in psychedelics rises, amidst the decriminalization of psychedelic substances in various jurisdictions and the regulation of the provision of psilocybin services in Oregon, institutions of higher education may find themselves wondering how to navigate the myriad questions that come...

Student-athletes wasted no time following the NCAA’s rule change in July 2021 permitting compensation for name, image, and likeness (“NIL”) in landing deals of all types and sizes. Now, sixteen months later, questions remain as to whether, and to what extent, institutions can be involved in the deal...

Background On August 25, 2022, after weeks of promotion by the New York Office of Cannabis Management (OCM), the application window has finally opened for adult-use cannabis dispensary licenses in the Empire State. These retail privileges, known as Conditional Adult-use Retail Dispensary (CAURD)...

On April 28, 2022, the U.S. Supreme Court held in Cummings v Premier Rehab Keller, P.L.L.C . that emotional distress damages are not recoverable in a private action to enforce several civil rights statutes. While Cummings focused on damages available under the Rehabilitation Act and the Affordable...

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