Antitrust & Trade Regulation Education

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Court Denies Class Cert. in NCAA Antitrust Suit

The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association’s former ban on multiyear scholarships (the “One Year Rule”) and its cap on scholarships (the “GIA...more

Why Anti-Corruption Programs Fail [Video]

In this Frontline Interview, Leslie Benton, Vice President of Advocacy and Stakeholder Engagement of the Center for Responsible Enterprise And Trade (CREATE.org), addresses the recent Create.org White Paper, "Why...more

Legal Storm Enveloping Trump “University” Highlights Potential Advertising Pitfalls

Among his many business ventures before seeking the republican nomination for President, Donald Trump created “Trump University,” a for-profit “school” that claimed its students would be empowered with the secrets of real...more

New Class Action Filed Challenging NCAA’S Scholarship Caps and Transfer Rules

In the latest chapter in the litigation wars against college athletics, on March 8, 2016, another antitrust class action was filed against the NCAA in its “home court,” the United States Southern District of Indiana. This...more

Challenges and Trends in Anti-Bribery Risk Management [Video]

In the second part of our interview, GRC Solutions (www.grcsolutions.com.au) Managing Director, Julian Fenwick, shares his experience and practice with respect to anti-bribery risk management. In this interview, Julian...more

Anticorruption & Compliance Challenges in Australia & Asia [Video]

In the first a multipart interview, GRC Solutions (grcsolutions.com.au) Managing Director, Julian Fenwick, shares his experience, perspective, and practice, with respect to anti-bribery and compliance challenges for...more

Alert: ED Adds New Letter of Credit Requirements to Student Loan Negotiations

The US Department of Education and appointed negotiators representing higher education and legal groups are preparing for the second round of negotiations to expand the "Borrower Defense to Repayment" regulations, with the...more

U.S. Government Reminds Colleges and Universities to be Prepared to Defend Advertised Statistics

The Federal Trade Commission (“FTC”) and U.S. Department of Education (“ED”) recently reminded all colleges and universities to review their online and print materials not only for the accuracy of any employment statistics...more

FTC files suit against Devry University for deceptive advertisement from data

The FTC filed suit against Devry University on January 27th, alleging that its ads, stating that 90 percent of its graduates obtained jobs in their field of study, and were making 15 percent more than graduates from other...more

University Faces Action for Alleged Deceptive Advertising of Graduates' Employment, Earning Prospects

The Federal Trade Commission (FTC) has filed a complaint in a California federal district court against the operators of DeVry University in which it alleges that DeVry violated the FTC Act by misrepresenting the employment...more

FTC Sues DeVry University for Deceptive Advertising

On January 27, 2016, the FTC filed suit against DeVry University in the Central District of California, alleging that the school deceived consumers about the success rates of graduates from its programs. According to the...more

FCC Reaches $3 Million Settlement with New York City Department of Education in E-Rate Investigation

On December 22, 2015, the Federal Communications Commission’s (FCC’s) Enforcement Bureau adopted a consent decree resolving the Enforcement Bureau’s investigation into whether the NYC DOE violated the competitive bidding...more

O’Bannon And Alternative Forms Of Injunctive Relief

In O'Bannon v. NCAA, the Ninth Circuit held that NCAA regulations barring compensation to student-athletes are subject to antitrust scrutiny under the Sherman Act’s rule-of-reason analysis. The court upheld the district...more

Looking at Compliance From a Different Perspective [Video]

I recently had the pleasure of working with Leona Lewis on one of her Masters of Disasters Podcasts and had the opportunity to ask her more about why she started the series. Leona responded, “I started 'Masters of Disaster'...more

Still No NCAA Pay for Play–9th Circuit Denies O’Bannon v. NCAA Rehearing En Banc

On December 16, 2015, the Ninth Circuit Court of Appeals decided that it would not rehear its earlier decision in a high-profile case on payments that can be made to student-athletes. Nearly three months earlier, a panel of...more

Is Google Illegally Spying On Your Students? New FTC Complaint Says It Is

Google Apps for Education has recently come under fire with a Federal Trade Commission complaint filed by a nonprofit organization, Electronic Frontier Foundation. In a press release issued last week, EFF claims that Google’s...more

FTC Signs Memorandum of Agreement to Prevent Fraudulent and Deceptive Practices Against Servicemembers

On November 12, the FTC announced that it signed a Memorandum of Agreement with the Veterans Administration (VA) to provide mutual assistance in preventing fraudulent and deceptive acts by “institutions of higher learning and...more

FTC and VA enter into agreement for investigating educational institutions

The Federal Trade Commission and the Department of Veterans Affairs have signed a “Memorandum of Agreement” (MOA) “to provide mutual assistance in the oversight and enforcement of laws pertaining to advertising, sales, and...more

Alert: FTC Focuses on Lead Generation Practices in Higher Education and Ed Tech

On Friday, October 30, 2015, the Federal Trade Commission conducted a workshop in Washington, DC on lead generation practices, with a specific consumer protection focus on activities in the higher education sector including...more

November Antitrust Bulletin

On October 6, the Federal Trade Commission (FTC) filed a complaint for civil penalties against investor Len Blavatnik for his failure to report voting shares that he acquired when he, via his company Access Industries,...more

Ninth Circuit Holds That NCAA’s Amateurism Rules Violate Section 1 of the Sherman Act

In a decision handed down on September 30th, the Ninth Circuit affirmed in part and reversed in part the District Court’s ruling that the NCAA’s “amateurism” rules unlawfully restrained trade in the market for certain...more

Title IX Implications of the O'Bannon Decision

The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX). In the...more

No Cash Compensation for Class of Amateur Student Athletes

In a class action brought under the Sherman Antitrust Act, the Ninth Circuit Court of Appeals held that the NCAA eligibility regulations are subject to antitrust scrutiny. Applying the so-called Rule of Reason, the court held...more

Jumping To Judgment on For-Profit Education

If you didn’t know any better, you might have gotten pretty fiery over for-profit education after reading one of the front page stories of Tuesday’s New York Times. The lengthy article titled “For-Profit Colleges Fail...more

The Lessons (and Wisdom) of Rihanna

Everyone these days seems to think they are entitled to more money, from the United States Department of Labor (DOL) claiming that there really are no independent contractors to the thousands of United Automobile Workers...more

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