Universities

News & Analysis as of

Hot List – What’s Happening in the California Legislature 3/27-3/31

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week...more

Calling time on time limits?

CPR 54.5(2) is clear: the time limit for filing the claim form for judicial review may not be extended by agreement of the parties. The justification for the rule is well-known. Undue delay sits uncomfortably with good...more

Seventh Circuit Affirms Summary Judgment for Employer in Title VII and Title IX Retaliation Case

Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer...more

Third Circuit: On-Campus Residency Requirements Protected By State-Action Immunity Doctrine

In a recent decision, the Third Circuit held that a public university and its non-profit partner were immune from antitrust liability after the university enacted a student residency policy that benefitted on-campus...more

OIG: U.S. Department of Education Must Do More to Police the Financial Condition of Colleges and Universities

Last week, The Chronicle of Higher Education reported that it had analyzed data released by the U.S. Department of Education (“ED”) and concluded that 177 private colleges and universities failed ED’s financial responsibility...more

Déjà Vu All Over Again? Federal Court Blocks Trump’s Second Travel Ban

In the most stinging legal rebuke yet to President Trump’s efforts to bar certain immigrants from reaching the country’s shores, a federal judge in Hawaii late Wednesday ordered the president’s second travel ban be...more

The future of gainful employment: Three points, a calendar, and a webinar

As REGucation readers know, the U.S. Department of Education’s “gainful employment” or “GE” regulations require, among other things, that for each GE program an institution offers, it must make certain public disclosures....more

The University of Pennsylvania Overcomes Kyle Bass’s Obviousness Challenge to Juxtapid® Patent Claims Using Commercial Success

The PTAB issued two final written decisions upholding The University of Pennsylvania’s claims to methods of treating high cholesterol based, in part, on commercial success and the meaning of a “printed publication” in...more

[Webinar] Gainful Employment Disclosures and Student Warnings - March 23rd, 12:00pm Central Time

This advanced-level webinar will focus on the new 2017 GE Disclosure Template that all institutions with gainful employment programs must start distributing by April 3, 2017. The webinar will review the content of the...more

University patents now immune to inter partes review: Will business come calling?

State colleges and universities recently received a potential increase in the value of their patent portfolios in the form of a ruling from the Patent Trial and Appeal Board (PTAB). ...more

Supreme Court Returns Transgender Bathroom Case to Lower Court

Today the U.S. Supreme Court announced that it would not entertain arguments in GG v. Gloucester County School Board, a case that would have been the Court’s first significant opportunity to weigh in on gender identity...more

Title IX Update - March 2017

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the...more

Obama-Era Guidance on Transgender Student Rights Reversed by Departments of Education and Justice

On February 22, 2017, President Donald Trump’s administration issued a two-page "Dear Colleague" letter that formally rescinded the Obama administration’s interpretation of transgender student rights as an extension of Title...more

Court Allows Retired President to Pursue Claim of Contract for Lifetime Pay and Benefits Against University

On February 7, 2017, the U.S. District Court for the Eastern District of Kentucky ordered that the former President of the University of the Cumberlands, Dr. James Taylor, may proceed on his claims that the University failed...more

What Can Employers Glean from the DOE’s and the DOJ’s Position on the Provision of Transgender Bathrooms under Title IX?

On February 22, 2017, the Department of Justice and the Department of Education issued a “Dear Colleague” letter withdrawing the statements of policy and guidance issued by the Department of Education on January 7, 2015 and...more

Editing the future: A brief introduction to CRISPR

For those with an interest in life sciences, the rise to prominence of CRISPR has been impossible to ignore. It seems a day does not go by without the discovery of a new application for the technology or a new variant of one...more

Trump Administration Withdraws Prior Department of Education Interpretations Regarding Title IX Protections Afforded to...

Seyfarth Synopsis: The U.S. Departments of Justice and Education jointly issued a “Dear Colleague” letter yesterday withdrawing and rescinding the Obama Administration’s prior guidance letters which instructed schools that...more

Trump Administration Withdraws Transgender Guidance

On February 22, 2017, one day before briefs were submitted to the Supreme Court in a case involving a transgender student in Pennsylvania, the Trump Administration, through the Department of Justice (DOJ) and the Department...more

Trump Administration Rescinds Guidance on Transgender Rights under Title IX

The Trump Administration has announced that the Department of Education (DOE) and the Department of Justice (DOJ) rescinded the Obama Administration’s May 2016 Dear Colleague Letter directing that schools “treat a student’s...more

Title IX and Due Process: University Enrollment as Property Interest in DOE v. ALGER

Tuition-wise, public universities have long been considered a better option than private schools, and in Doe v. Alger, a federal court in Virginia held that public university tuition may bring an additional bonus, that being...more

PTAB Terminates Interference Proceeding Between University of California and Broad Institute Regarding CRISPR Gene Editing Claims

The Patent Trial and Appeal Board (PTAB) terminated a patent interference proceeding between the University of California (UC) and the Broad Institute (Broad), a joint venture of Harvard University and Massachusetts Institute...more

Cyberattacker Offers Access to Private Data From 60 Universities and Agencies

In February 2017, a private threat intelligence firm alerted more than 60 organizations – institutions of higher education and governmental entities – that their internal databases had been breached by a Russian-speaking...more

PTAB Ruling on CRISPR: No Interference

On Wednesday, February 15, 2017, the Patent Trial and Appeal Board (“PTAB”) ruled in favor of the Broad Institute of MIT and Harvard in a closely watched patent fight with UC Berkeley over the breakthrough CRISPR...more

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

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