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OCR Issues FAQs for Schools About Avoiding Racial Preferences Under Title VI

After giving educational institutions two weeks to comply with the Department of Education’s Dear Colleague Letter (DCL), on February 28, the Office of Civil Rights (OCR) issued Frequently Asked Questions About Racial...more

U.S. Department of Education’s New “Dear Colleague” Letter Targets DEI Programs and Signals New Era of Title VI Enforcement

On February 14, 2025, the U.S. Department of Education’s Office for Civil Rights (OCR) released a “Dear Colleague” Letter (DCL) and emailed it to K-12 and post-secondary educational institutions around the country. The DCL...more

Higher Ed DEI Practices to Be Reviewed Under President’s New Executive Order

President Trump issued an executive order on January 21, 2025 that, among other things, revokes Executive Order 11246, ending the long-standing practice of requiring federal government contractors to take and report on...more

2024’s Top Stories in Unfair Competition and Trade Secrets Law

2024 was quite a year in unfair competition and trade secrets law, with the Federal Trade Commission’s final rule on non-competes garnering widespread mainstream media attention. While the FTC final rule has been set aside...more

U.S. Department of Education Issues Long-Awaited Final Title IX Regulations

On April 19, 2024, the U.S. Department of Education issued its updated final regulations enforcing Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., which will govern sex discrimination...more

Upcoming Changes to NIH Harassment and Hostile Work Environment Reporting Requirements

The National Institutes of Health (NIH) requires recipient institutions—i.e., any entity receiving funding from the NIH—to have policies that foster a harassment-free environment. Recipient institutions are required to...more

Court Denies Preliminary Injunction of Title IX Effective Date

On June 4, 2020, the Commonwealth of Pennsylvania, along with 17 other states, filed suit against the United States and Betsy DeVos, in her official capacity as Secretary of Education, to prevent implementation of the Title...more

Final Title IX Regulations Adopt Sweeping Changes for Handling Sexual Harassment Claims at Institutions of Higher Education

On May 6, 2020, the Department of Education (DOE) issued its Final Rule adopting amended regulations implementing Title IX of the Education Amendments of 1972 (Title IX). ...more

Sixth Circuit Provides Expansive Due Process Rights in Title IX Cases

In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the...more

Supreme Court Limits Dodd-Frank Retaliation Protections to Employees who Blow the Whistle to the SEC

On February 21, 2018, the U.S. Supreme Court issued its decision in Digital Realty Trust, Inc. v. Somers, Case No. 16–1276, resolving a circuit split on whether the Dodd-Frank Act (“Dodd-Frank” or the “Act”) requires...more

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