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New U.S. Education Department Rules Will Affect University Mergers, Acquisitions

The U.S. Department of Education (ED) finalized new regulations last year that will take effect on July 1, 2024, directly impacting mergers and acquisitions involving higher education institutions. Specifically, the...more

New Guidance Issued on Financial Value Transparency and Gainful Employment Regulations

The U.S. Department of Education (Department) released an important update and reminder regarding new Financial Value Transparency (FVT) and Gainful Employment (GE) regulations that take effect on July 1, 2024. The...more

Lawsuit with Claim of Unequal Access to NIL Opportunities Raises New Title IX Concerns

The University of Oregon Ducks have had a winning season on and off the football field: The team reached the Pac-12 Conference title game, and star players achieved among the highest name, image and likeness (NIL) valuations...more

U.S. Department of Education Issues New Certification Procedures for Federal Financial Aid

The U.S. Department of Education (Department) issued final rules on Oct. 24, 2023, imposing new conditions that higher education institutions must satisfy to participate in federal student aid programs under Title IV of the...more

New Financial Responsibility Requirements from U.S. Department of Education

The U.S. Department of Education (Department) has identified college closures and institutional financial instability as creating significant costs for students and taxpayers. From 2013 to 2022, the Department sought more...more

New Administrative Capability Requirements Announced for Colleges and Universities

The Biden-Harris Administration on Oct. 24, 2023, issued final rules detailing important obligations for higher education institutions that receive federal funding. (Codified at 34 C.F.R. ยง 668 et seq.) The final regulations...more

New Gainful Employment Rules Impact For-Profit and Nonprofit Colleges and Universities

The U.S. Department of Education (Department) issued new Gainful Employment (GE) regulations in September 2023 for the first time since 2014. These program-specific regulations impose important compliance obligations on...more

Departments of Education, Justice Publish Initial Affirmative Action Decision Guidance

As it promised in June, the Biden Administration published much-anticipated federal guidance on higher education admissions on Aug. 14, 2023. The U.S. Department of Education's Office for Civil Rights (ED) and U.S. Department...more

FTC Moves to Ban Non-Competes: What Employers Need to Know Now

The Federal Trade Commission (FTC) proposed a rule on Jan. 5, 2023, prohibiting non-competition clauses ("non-competes") in employment agreements. For purposes of the rule, non-compete provisions include explicit and de facto...more

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