Antitrust & Trade Regulation Education

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NCAA’s Latest Legal Nightmare May Be Most Important

No doubt all eyes of the sports world are on the O’Bannon v. National Collegiate Athletic Association trial, which is currently taking place in Oakland, California. SB Nation called the trial “the biggest trial in the history...more

The CFPB & UDAAP: A “Know It When You See It” Standard?

Institutions regulated by the Consumer Financial Protection Bureau (CFPB) and subject to its enforcement authority are dealing with of the agency’s sweeping authority to prohibit unfair, deceptive, and abusive acts or...more

Do Public School Athletic Leagues Have To Admit Private High Schools?

Liberty Christian Academy (LCA), a private high school in Lynchburg, Virginia, has filed an antitrust action against the Virginia High School League (VHSL), a non-profit organization of public high schools in Virginia. The...more

Collusion Regarding Terms of Medical Resident Employment?

Did you ever wonder why teaching hospitals can conduct their medical residency “match” program? And why they can share data and use it to help set wages for residents? And why the match program effectively forbids salary...more

FTC Continues to Update COPPA FAQs - This Time, Guidance for Schools

As part of our ongoing updates on guidance the Federal Trade Commission offers through its Frequently Asked Questions (FAQs) relating to its updated Children’s Online Privacy Protection Act (COPPA) Rule, we note that recently...more

FTC Changes COPPA FAQ To Provide New Guidance On Consent And Data Collection In Educational Settings

On April 22, the Federal Trade Commission (FTC) updated its "Frequently Asked Questions" (FAQ) website to provide additional information on how operators can collect students' personal information—in compliance with the...more

FTC Updates COPPA FAQs to Address Education Space

The FTC has just published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and businesses...more

Bracketology 101 – A Look Ahead at Legal Issues that May Change the Face of the Final Four

This year’s NCAA Division I Basketball Tournament may be the last of its kind. This post explores some of the brewing legal issues that may force big changes to future “Final Fours,” and in turn, the legal rights and...more

Private Sector Schools and Third-Party Student Recruitment under FTC and CFPB Scrutiny

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) are intensifying their regulatory and enforcement focus on proprietary schools and third-party marketing companies. In the fall of...more

FTC Revises Vocational School Guides

The Federal Trade Commission has revised its Guides for Private Vocational and Distance Education Schools, generally referred to as the “Vocational School Guides” (Guides). The Guides are intended to advise businesses that...more

After Being Unfairly Characterized by Regulators, For-Profit Institutions Slowly Rebranding Image

For-profit education needs rebranding. With the recent appointment of Michael Dakduk as key advisor to the Association of Private Sector Colleges and Universities, the sector has made a step in the right direction. The...more

Student Recruitment, Third-Party Vendors, and the Federal Trade Commission

In this presentation: - How Did We Get Here? - Complying With Advertising & Marketing Laws - Increased Enforcement Activity By Federal And State Regulators - Compliance Tips Please see full...more

NCAA Obtains a Vital Win on Antitrust Challenge of Athletic Aid Rules

In a recent federal court decision, the NCAA obtained dismissal of a claim that certain rules governing athletic grants-in-aid violated the antitrust laws. The case, Rock v. NCAA, was led by three former student-athletes and...more

Novel Approach To Opposing Class Certification Rejected

Originally published in Competition Law360 on March 7, 2013. Current and former student-athletes are one step closer to forcing the National Collegiate Athletic Association and its member institutions to share their...more

Argument Report: Debating an Arbitrator's Power to Interpret a Collective Bargaining Agreement

Our reports on the November term oral arguments at the Illinois Supreme Court begin with Griggsville Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board. Griggsville-Perry arose from...more

Senators Push FTC to Investigate Online "Lead Generators"

A group of Democratic senators is requesting that the Federal Trade Commission (“FTC”) investigate third-party online marketing companies – so-called “lead generators” – used by private-sector schools. The FTC is “well...more

Three Point Shot - July 2012

In This Issue: - Ex-Footballers Sacked on First Play from Scrimmage in Antitrust Lawsuit Against the NCAA - OMG! LOLs No Longer Cause for SMH from the NCAA - Not Quite Harvard v. Yale (1968), ESPN Wins When...more

Mike Koehler on Foreign Corrupt Practices Act Reform [Video]

Mike Koehler, J.D., Assistant Professor of Business Law at Butler University, discusses the Foreign Corrupt Practices Act (FCPA). Mr. Koehler believes the FCPA needs to receive non-binding Department of Justice guidance....more

Should FTC Sue Law Schools For Misrepresentation?

On May 25, 2011, a class action was filed against the Thomas Jefferson School of Law (TJSL) in San Diego for intentionally misrepresenting employment data of recent alumni. The complaint states that in order to continue...more

Are You One of the ECMC 3.3 Million?

Educational Credit Management Corp (“ECMC“), a large guarantor of federal student loans, recently reported the theft of stored confidential information, allegedly by an employee who is now in custody. This information...more

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