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The NCAA's Response to the NIL Recruitment Injunction — Highway to NIL Podcast
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NIL Senate Hearing — Highway to NIL Podcast
2023 DSIR Deeper Dive: Plaintiffs’ Attorneys Are Trying to Assert a New Cause of Action Against Universities Based on an Old Law Regulating Videotape Service Providers
Podcast: A Conversation with Andy Rotherham on Hot Topics in Education for 2023
#WorkforceWednesday: The Ripple Effect of the Supreme Court’s SFFA Ruling for Diversity in the Workplace - Employment Law This Week®
Employment Law Now VII-134-Panel Discussion on Supreme Court's Affirmative Action Ruling and the Impact on Employer DEI Programs
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In previous posts, we reported on several of the many lawsuits across the country in which students have sued their colleges and universities for tuition reimbursement as a result of not receiving certain services during (in...more
Connecticut law has required public and private schools to condition a student’s entry into school upon providing proof of immunizations against certain communicable diseases (including but not limited to diphtheria,...more
Any patent litigant unwilling to acquiesce to an adverse judgment from the Patent Trial and Appeal Board (PTAB) can appeal to the Federal Circuit. 28 U.S. Code § 141. But the right to appeal is not the same as the wisdom of...more
In a non-precedential opinion, the Federal Circuit recently reaffirmed that state universities cannot use sovereign immunity to avoid patent challenges at the PTAB stating that, “sovereign immunity does not apply to IPR...more
In Lazzari v. Guzman, M.D., No. 3D19-597, 2020 WL 6302405(Fla. 3d DCA Oct. 28, 2020), the Third DCA upheld a trial court’s ruling that the University of Miami Miller School of Medicine (“UM”) was entitled to sovereign...more
Companies seeking to license patents from state universities face a special risk--sovereign immunity. The 11th Amendment to the US Constitution deprives federal courts of jurisdiction to hear complaints brought by a citizen...more
Major operational changes and disruptions occasioned by COVID-19 have created a swell of contract disputes and new litigation in various industries. The area of higher education is no different. ...more
Universities continue to see a rise of COVID-19-related class action lawsuits alleging that campus closures deny students the full benefits of an on-campus college experience. This new wave of class action lawsuits generally...more
The Federal Circuit recently ruled that state sovereign immunity does not apply in Inter Partes Review (IPR) proceedings, closing another America Invents Act (AIA) loophole. The case, Regents of the University of Minnesota v....more
School may be out for the summer, but public colleges and universities would do well to spend their break shoring up strategies and defenses against potential inter partes review (“IPR”) proceedings. Last week the Federal...more
In a case concerning allegedly unfair student loan collection practices, Judge Salinger concluded that a Pennsylvania public corporation, the Pennsylvania Higher Education Assistance Agency (PHEAA), is a “person” potentially...more
The PTAB (Patent Trial and Appeal Board) of the USPTO recently issued a decision that a filing of a patent infringement action by a public university waives sovereign immunity to inter partes review (IPR) proceedings in the...more
In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity by filing actions against the...more
On December 19, 2017, an expanded panel of the Patent Trial and Appeal Board (PTAB) ruled that the state of Minnesota waived its Eleventh Amendment immunity to challenges to patent validity by inter partes review (IPR) by...more
The Ninth Circuit, in U.S. ex rel. Fawn Cain et al. v. Salish Kootenai College Inc. et al., recently reversed a lower court's dismissal of a False Claims Act lawsuit by former Salish Kootenai College employees. The False...more
In a case involving medical methods invented by two Nobel laureates, the U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a third researcher from pursuing his claim of co-inventorship...more
State Universities Gain Immunity from IPRs - Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the...more