Universities

News & Analysis as of

State Universities Gain Immunity from IPRs

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

State Universities Rejoice: PTAB Recognizes Sovereign Immunity Defense

In Covidien LP v. University of Florida Research Foundation Inc., the Patent Trial and Appeal Board (the “Board”) upheld a defense of sovereign immunity asserted by the University of Florida Research Foundation (the...more

Will the New Administration Trump Columbia University?

GOP Reacts Swiftly to NLRB General Counsel’s Memorandum Regarding the Status of Division I Scholarship Football Players at Private Universities - In a memorandum dated January 31, 2017, National Labor Relations Board...more

Licensees Stymied by Sovereign Immunity Both in Federal Court and at PTAB

Licensees Covidien LP, Medtronic PLC, and Medtronic, Inc., failed to obtain any relief, at least so far, in federal court or at the Patent Trial and Appeal Board (PTAB) because of parallel holdings that patent owner...more

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship...

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more

Outgoing NLRB General Counsel Targets Private Universities

Over the past two years the General Counsel of the National Labor Relations Board (NLRB) succeeded in extending that agency’s reach into universities. While public universities are beyond the NLRB’s jurisdiction, the agency’s...more

University Pays $1.17 Million to Settle False Claims Act Allegations of Mismanagement of Federally-Funded Grants

The Department of Justice recently announced that Jackson State University (“JSU”) will pay $1.17 million to settle allegations that it violated the False Claims Act (“FCA”) by mismanaging National Science Foundation (“NSF”)...more

The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard...more

Alert: PTAB Rules That Patents Owned by State Entities Cannot Be Challenged Without Consent

Last week, the Patent Trial and Appeal Board (PTAB) dismissed petitions for inter partes review (IPR) of a patent assigned to the University of Florida Research Foundation (UFRF) based on sovereign immunity, Covidien LP v....more

NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students

Seyfarth Synopsis: In a last minute attempt to leave his mark on the NLRB, the Board’s outgoing General Counsel issued a report attempting to expand the rights of university faculty and students, including scholarship...more

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded....more

What President Trump’s Travel Ban Means for Colleges and Universities

On January 27, 2017 President Trump signed an Executive Order (“EO”) titled “Protecting the Nation from Foreign Terrorist Entry into the United States”. Given the diverse composition of colleges and universities, which...more

Making Different Choices: Navigating University Grievance Procedures Under Title IX in MOORE v. TEMPLE UNIVERSITY

A recent decision by the United States Court of Appeals for the Third Circuit in Moore v. Temple University serves as a cautionary lesson for those seeking to pursue an action under Title IX of the Education Amendments of...more

President Trump’s Travel Ban: How the Executive Order is Affecting Colleges and Universities

On Friday, January 27, 2017, President Trump signed an executive order on immigration, which bars Syrian refugees from entering the United States indefinitely, suspends all refugee admissions under the U.S. Refugee Admissions...more

Governor Kasich Releases $144 Billion State Budget Proposal - What You Need to Know

Yesterday, Governor Kasich released the executive version of the state’s two-year operating budget (Fiscal Years 2018-2019), which includes proposed spending of over $144 billion during the biennium. Similar to his previous...more

FTC and DeVry University Settle False Advertising Claims for $100M

In December 2016, DeVry University agreed to pay $100 million to settle a lawsuit with the Federal Trade Commission (FTC) over allegations stemming from DeVry’s advertising about the employment rates and salaries of its...more

New DHS Rule Extends H-1B Cap Exemptions

One of the biggest drawbacks for employers trying to utilize the H-1B visa program is the numerical cap. The current law limits the number of H-1B visas available to 65,000 annually with an additional 20,000 available to...more

PTAB Dismisses Three IPR Petitions Based on Sovereign Immunity

Covidien LP had a license to U.S. Patent 7,062,251, owned by the University of Florida Research Foundation (UFRF, Patent Owner). UFRF alleged breach of contract by Covidien, and sued Covidien in Florida state court for...more

Title IX Investigations in Need of Reform

How much of the failure to grasp current controversies over campus Title IX investigations come from seeing two sides even though they are demanding similar measures? Many from both camps, seemingly in frustration, suggest...more

[Webinar] New Audit Guidelines for Higher Educational Institutions - February 1st, 11:00am CT

On Wednesday, February 1, Mike Wherry, a CPA with 25 years of experience in the public sector to postsecondary schools will join Aaron Lacey in presenting a webinar focusing on the four main changes that were issued in the...more

Increasing Ransomware Attacks in Higher Education

Malicious “ransomware” attacks — where a hacker takes control of the victim’s information systems and encrypts data, preventing the owner from accessing it until the victim pays a sum of money — are on the rise against...more

Ole Miss Substantially Prevails in Tax Court Case over Taxability of Coach Appearances

Tax exempt organizations must report and pay tax on their “unrelated business income.” Butler Snow recently represented The University of Mississippi (“UM”) in a federal income tax dispute in the United States Tax Court...more

Title IX Update: January 2017 - Recent Title IX Developments

Nexsen Pruet’s Title IX team assists educational institutions in Title IX compliance. The team’s primary focus includes assisting with Title IX complaint investigations and serving as adjudicators. The team also provides...more

NCAA Athletes Aren’t Employees — Or Are They?

Several recent legal efforts have attempted to provide student-athletes with a piece of the financial pie resulting from events like Monday’s national championship game, which reportedly netted the NCAA around $470 million in...more

Game Over for NCAA Student Athletes Seeking Employee Status? 7th Circuit Affirms Dismissal of U. Penn Athletes’ FLSA Complaint

On December 5, 2016, the Seventh Circuit affirmed dismissal of a complaint filed by two University of Pennsylvania track and field athletes against the National Collegiate Athletic Association, the university, and more than...more

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