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Blog: US Department of Education’s New Data Privacy Guidance: Why It Matters

In January 2015, the US Department of Education has issued an advisory to all elementary and secondary schools on data privacy and security issues to be considered in negotiating agreements with online service providers or...more

Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

Pass Or Fail? CFPB Seeks to Grade Financial Institutions Working With Schools

Why it matters - Under a new proposal from the Consumer Financial Protection Bureau (CFPB), financial companies would be graded on a “scorecard” for their offerings to students. The “Safe Student Account Scorecard”...more

Regulators Release Guidance on Private Student Loans With Graduated Repayment Terms at Origination

On January 29, the federal financial regulatory agencies (the Board of Governors of the Federal Reserve System, the Consumer Financial Protection Bureau, the Federal Deposit Insurance Corporation, the National Credit Union...more

Department of Education Closes 2014 with Prolific Guidance

The U.S. Department of Education (DOE) was busy the last quarter of 2014, issuing guidance on six issues, plus another already in 2015. The Dear Colleague Letters (DCL), Frequently Asked Questions, and Fact Sheets provide an...more

New student data privacy laws: top points for school contractors and K-12 education sites, apps and online services

According to the Data Quality Campaign, 36 states considered 110 student data privacy bills in 2014, and 20 states enacted 28 such bills into law. At least eight of these new laws may have significant implications for...more

President Obama Announces New Federal Data Breach, Student Privacy and Consumer Privacy Legislative Initiatives

On Monday January 12, President Barack Obama announced several new proposals aimed at protecting consumer and student data in the digital age. The proposals will center on three pieces of proposed legislation, addressing...more

President Announces New Legislation and Partnerships for Increased Privacy Protections

Today, President Obama announced a series of new bills and voluntary partnerships the White House will launch in order to further protect individual privacy in the wake of several high-profile data breaches at major U.S. and...more

Congress Extends QZABs, New Markets Tax Credits; Continuing Effect of Sequestration

Qualified Zone Academy Bonds - The Act authorizes the Secretary of the Treasury to allocate an additional $400 million in QZABs for 2014. Prior to the Act, no additional allocations of QZABs were to be available to the...more

EuGH: Befristete Vertretungen in der Schule nicht unbegrenzt möglich

Es entspricht in Deutschland üblicher Praxis, dass im Schulbereich zur Vertretung kranker Lehrkräfte oder solcher, die sich in Mutterschutz oder Elternzeit befinden, befristete Arbeitsverträge abgeschlossen werden. Diese...more

SEC Commissioner Wonders Whether Harvard Violated Securities Laws

SEC Commissioner Daniel M. Gallagher and Joseph A. Grundfest, Stanford Law School, Rock Center for Corporate Governance, have just published a paper titled “Did Harvard Violate Federal Securities Law? The Campaign Against...more

School Districts: New York State Court of Appeals Upholds Decision Invalidating Teacher Discipline (12/14)

In another blow to school districts’ ability to address problem teachers, the New York State Court of Appeals recently upheld the Appellate Division, Fourth Department decision in Kilduff v. Rochester City School District,...more

Jian Ghomeshi’s Lawsuit and the Current State of the Law on Civil Claims by Unionized Employees

Jian Ghomeshi has withdrawn his $55,000,000 lawsuit against his former employer, the CBC. The reasons Ghomeshi chose to drop the suit have not yet been made clear, but the current state of the law likely would have made his...more

Blog: How Student Privacy and California’s SOPIPA May Affect You

California recently passed the Student Online Personal Information Protection Act (“SOPIPA” a.k.a. “so-peep’-ah”), which is the first state law to comprehensively address student privacy and will be effective January 1, 2016....more

Breaking Up is Hard to Do: The California Strawberry Commission’s Claim to University Plant Breeding Research

Plant patents are often overshadowed by their more well-known utility and design patent counterparts under U.S. law. Yet, with the increasing branding and differentiation of agricultural commodities, plant patent rights...more

U.S. Department of Education Publishes Final Campus Security Rules

The U.S. Department of Education (DOE) published final regulations implementing the Violence Against Women Reauthorization Act of 2013 (VAWA), including the Campus Sexual Violence Act (Campus SaVE). The regulations were...more

Commercial Organics Ban Takes Effect

The Commercial Organics Ban, which took effect on October 1, 2014, is the latest effort by MassDEP to achieve the state’s solid waste management goal of reducing waste disposal by 30% by 2020. MassDEP estimates that organics...more

Tax Increment Financing and Tax Abatement Programs: The Part You Play

School districts in Ohio play a very important role in tax increment financing and tax abatement programs. At a minimum, school districts receive notice that a city, county, or township will be approving a property tax...more

Higher Education Compliance and the Scourge of Campus Sexual Assaults

Chief Compliance Officers who lament the challenges of their jobs should be thankful they are not in charge of compliance for higher education institutions. The culture of compliance has extended into many high-risk areas but...more

Texas Supreme Court Oral Argument Preview - 10/14

On Tuesday, October 14, 2014, the Supreme Court of Texas will hear argument in the following three cases. Arguments begin at 9:00 am...more

When Xs and Os Go Awry: Recent College Coach Lawsuits Emphasize the Importance of Good Contract Language Even for "Intramural"...

The recent flurry of scandals in professional sports, particularly those from the NFL that dominated headlines in recent weeks, are not without their counterparts in the college ranks. Indeed, in the past year there have been...more

Eighth Circuit Reverses Summary Judgment, Directs Trial Court to Determine Whether Consent Was Revoked

In an unpublished, per curiam decision, the Eighth Circuit recently reversed the entry of summary judgment in favor of a defendant and directed the district court to address whether the plaintiff had revoked his consent to...more

Restructuring in Higher Education

Since 2011, there have been an increasing number of restructurings in higher education. What may have started with the foreclosure and sale of ATI Schools and Colleges has continued this year with last month’s conversion of...more

Community Colleges Must Report Debt Revenue Loss By Friday Under Michigan Personal Property Tax Reform

Recent reforms to the Michigan personal property tax require community colleges to report their debt revenue loss to the Michigan Department of Treasury by September 5, 2014....more

Sexual Harassment Training Can Help Mitigate The Risk Of Sexual Assaults On College Campuses

Let me begin this post by saying, War Eagle! (It is football season…). Football and silliness aside, I am an Auburn fan because I attended Auburn University. I graduated last year and sometimes I wish I could have done five...more

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