Latest Publications

Share:

NSF Foreign Financial Disclosure Reports due September 3 for higher education institutions

The U.S. National Science Foundation (NSF) has implemented new rules requiring institutions of higher education (IHEs) to submit annual reports regarding financial support of $50,000 or more received directly or indirectly...more

Fifth Circuit upholds injunction against borrower defense and closed school loan discharge rules

On April 4, 2024, the U.S. Court of Appeals for the Fifth Circuit ordered a federal district court to enter a nationwide preliminary injunction to enjoin the Department of Education (ED) from implementing the Biden...more

Department of Labor’s proposed overtime expansion has major implications for higher education

The U.S. Department of Labor (DOL) has proposed to substantially raise the pay thresholds that must be met for employees to be classified as exempt from overtime under the Fair Labor Standards Act (FLSA) “white-collar”...more

THIS WEEK: ED hosts listening sessions on bundled services exception to incentive compensation rule

On March 8 and 9, the U.S. Department of Education (ED) will host virtual listening sessions to receive public comment on the incentive compensation rule. ED will accept written comments through March 16, per the Federal...more

FTC’s proposed ban of employer non-competes: Are non-profits exempt?

The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment non-competes, signals a possible sea-change for employers...more

Evaluation of transcript withholding practices in the U.S. relation to recent CFPB report

The Consumer Financial Protection Bureau (CFPB) issued Supervisory Highlights in late September 2022 stating that post-secondary institutions that provide loans directly to students (Institutional Lenders) and that have...more

Updated U.S. Department of Education guidance on Section 117 Foreign Gift and Contract requirements

This advisory summarizes Section 117 requirements and enforcement, highlights key aspects of the updated guidance, and identifies considerations for higher education institutions given the U.S Department of Education’s...more

Department of Education releases long-awaited Title IX proposal

On June 23, 2022, the U.S. Department of Education (ED) released its long-awaited proposal to amend ED's regulations implementing Title IX of the Education Amendments of 1972 (Title IX). ED’s proposed regulations include...more

New veterans education law reinstates foreign student recruitment carve-out to incentive payment ban

After nearly one year of advocacy efforts and watchful waiting by education associations and other stakeholders, Congress has now confirmed via legislation that institutions may approach incentive payment requirements for...more

[Webinar] So, we're making a change … Coaching contracts in the NCAA and the Pros - December 8th, 12:00 pm - 1:00 pm EST

Join us for the second program of the intercollegiate webinar series on Wednesday, December 8, 2021 as we unpack legal issues related to the hiring (and firing) of college coaches. We have special guests from both sides of...more

NLRB General Counsel seeks to further shake up college sports

Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more

Department of Education embarks on negotiated rulemaking

On October 4, 2021, the U.S. Department of Education (ED) commenced the first of five negotiated rulemaking sessions. The five sessions are focused on the federal student financial aid programs authorized under Title IV of...more

White House announces COVID-19 safety measures for onsite federal contractors

On 29 July 2021, the Biden Administration announced a wave of White House programs to boost vaccination rates in the United States, including programs aimed directly at federal contractors. These initiatives, summarized in a...more

What the NCAA’s 9-0 loss means for college sports

Just days ago, in NCAA v. Alston, the Supreme Court unanimously ruled that the NCAA may place no limits on “education-related” benefits to student-athletes. Siding with current and former student-athlete plaintiffs, the Court...more

Reminder: New Department of Education rules regarding Professional Licensure Programs are in effect July 1, 2020

As we’ve previously reported in detail, on November 1, 2019, the U.S. Department of Education (ED) published final rules concerning state authorization of distance education programs and other topics. Notably, the new rules...more

Court of Appeals affirms limited injunction on NCAA compensation restrictions for student-athletes

On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association's policy of limiting the compensation paid to...more

COVID-19 class actions against universities

In response to the COVID-19 pandemic, universities have had to make difficult, but important, decisions to protect the health of their students, among others. By necessity, these decisions have affected the way students are...more

U.S. Department of Education releases first set of materials related to the CARES Act's Higher Education Emergency Relief Fund

On April 9, the U.S. Department of Education (ED) released information and guidance related to the Higher Education Emergency Relief Fund (HEERF), the approximately US$14 billion fund created under the Coronavirus Aid, Relief...more

Doing your homework when offering online programs internationally

The COVID-19 pandemic has sparked renewed interest in offering online programs, both in the United States and internationally, as a means for students to continue their studies on an uninterrupted basis. The U.S. Department...more

Student and Exchange Visitor Program guidance on COVID-19 and nonimmigrant students on F and M visas

The Student and Exchange Visitor Program (SEVP) released guidance on 9 March 2020 regarding potential procedural adaptions that SEVP-certified schools may take to address COVID-19. On behalf of the Department of Homeland...more

U.S. Department of Education provides COVID-19 guidance for colleges and universities

On 5 March 2020, the U.S. Department of Education (ED) published an electronic announcement to provide guidance on compliance with federal student financial aid (Title IV) requirements in connection with students for whom...more

U.S. Department of Education withdraws proposed Section 117 foreign gift and contract information collection request; plans to...

On 4 February 2020, the Office of Management and Budget (OMB) announced that OMB and the U.S. Department of Education (ED) have decided to withdraw the emergency information collection request that ED had submitted to OCR on...more

U.S. Department of Education provides notice of new, expanded Section 117 foreign gift and contract reporting requirements for...

On 17 December 2019, the U.S. Department of Education (ED) published in the Federal Register notice of a new information collection request (ICR) related to reporting requirements under Section 117 of the Higher Education Act...more

Antitrust issues in higher education

Two recent antitrust investigations by the U.S. Department of Justice (DOJ) into student recruitment practices highlight the agency's increased interest in higher education. These investigations are the latest in a number of...more

Basic considerations associated with the use of public-private partnerships (P3s) by colleges and universities with a focus on...

Higher education institutions increasingly leverage P3s to deliver campus projects, including with respect to energy and utility assets, instead of traditional project structures that involve the institution owning and...more

51 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide