Perspectives on Higher Education

On May 15, 2023, Florida Governor Ron DeSantis signed legislation that impedes Diversity, Equity, and Inclusion (DEI) programs at public higher education institutions throughout the state.

ArentFox Schiff served as outside counsel to California State University in a long-term stadium licensing deal with San Diego’s new MLS expansion team.

“This is the new arms race.” That’s how Missouri State Representative and former University of Missouri offensive lineman Kurtis Gregory described the burgeoning patchwork of state laws that govern student athletes’ ability to profit from their name, image, and likeness (NIL).

Harvard University must pay its own defense costs in the ongoing legal challenges to its affirmative action program after losing a battle with its insurance carrier, Zurich American Insurance Company (Zurich).

ArentFox Schiff LLP secured a victory on behalf of University of Kansas professor Feng “Franklin” Tao in a closely watched case involving allegations of wire fraud and false statements.

The Ohio State University has successfully obtained a trademark registration for the word “THE,” which has been the university’s moniker and rallying cry at sporting events for decades. The trademark registration covers “clothing, namely, t-shirts, baseball caps and hats.

The Digital Millennium Copyright Act (the DMCA) governs the protection of copyrighted material in the digital environment. Among other things, the DMCA criminalizes circumvention of digital rights management tools that restrict the use of copyrighted works and proprietary software.

Join us for a lively conversation with Former US Senator Doug Jones, Former US Congressman Philip English, and our Washington team as they address upcoming Congressional policy proposals with outsize impacts on the Health Care, Higher Education, and the Nonprofit Sectors.

Last week, in a memorandum to NLRB regional directors, officers in charge, and resident officers, Board General Counsel Jennifer Abruzzo said scholarship athletes who generate millions for their schools “are employees under the NLRA.”

Name, Image and Likeness (NIL) rights for college and high school athletes remains a hot topic as we enter the start of the academic year. Many sponsors and professional teams see a number of intriguing reasons to partner with student athletes. These reasons range from expanding long-standing suppor

This potential expansion of CFIUS’s powers suggests broader congressional concern about attempts by Chinese entities to circumvent CFIUS reviews and access critical technologies.

Join Partner Adam Bowser for the “Higher Education Texting: Regulations & Best Practices” webinar, where he will explain TCPA, the often confusing rules around different types of SMS text messages, and best practices to keep your higher education institution or business compliant.

The DHS and ICE have issued Guidance Documents, Frequently Asked Questions, and a Reporting Template to guide higher education officials in staying in compliance with the applicable rules.

College and university staff and college store operators routinely grapple with how to enable students to use copyrighted material in the most economical and efficient way. Copyright protections have not made this easy, with sometimes complex considerations for different licenses and exceptions.

Colleges and universities should take steps now to implement a plan in response to the investigation dubbed “Operation Varsity Blues,” in which federal prosecutors charged at least 50 people in an elaborate scheme to gain admission for their children at elite universities.

Headlines that Matter for Companies and Executives in Regulated Industries

Late last year, the US Department of Education proposed a rule that the Trump Administration says “takes the important and historic step of defining sexual harassment under Title IX.”

Arent Fox International Trade Practice Group Leader Kay Georgi and Counsel Regan Alberda will speak at the 2018 Conference on the Impact of Export Controls on Higher Education and Scientific Institutions.

On January 31, 2017, the General Counsel of the National Labor Relations Board released an official memorandum declaring that scholarship football players at some of the most elite college programs are employees under the National Labor Relations Act.

Ever since football players at Northwestern University sought union certification in January 2014, their case has been closely watched by many in both the labor and sports arenas.

On December 30, 2014, Michigan Governor Rick Snyder (R), signed Public Law 414 into law, which excludes college athletes from the definition of “public employees” who are entitled to collectively bargain in Michigan.

It is unlikely that any ruling by a Regional Director of the National Labor Relations Board (NLRB) has ever sparked such nationwide commentary as that of Region 13 Regional Director Peter Sung Ohr in ruling that Northwestern University scholarship football players are “employees” of the University.

On January 28, 2014, the National College Players Association (NCPA) filed a petition at the regional office of the National Labor Relations Board (NLRB) in Chicago, seeking recognition as a labor union. The petition is the first of its kind seeking union recognition for college athletes.