Hot Topic: UPMIFA in the Context of Financial System Instability
Higher Education Oversight and Governance: Role of a College Board of Trustees
The Illinois Public Access Counselor (PAC) issued its seventh binding opinion of the year, finding a Village Board of Trustees violated the Open Meetings Act (OMA) by taking improper action to authorize the purchase of a...more
Facing potential insolvency by 2026, the State Bar of California is exploring various cost-saving measures, including remote administration and the use of small vendor-owned test centers for its exams. As part of this...more
On May 30, 2024, the Supreme Court of New Jersey issued its decision in Boyle v. Huff, holding that an indemnification clause cannot apply to first-party claims unless the parties include specific language expanding the...more
At long last, the final Title IX regulations have been released! What do they say? How must your policies and procedures change to comply? Our higher ed team is hard at work parsing through 1,557 pages of regulations and...more
Ensuring that an independent school’s board of trustees operates in a manner that is consistent with the fundamental principles of good governance is essential to the overall health of the school. After all, the board is the...more
The New York Department of Financial Services (NYDFS) issued final supervisory guidance on January 22, 2024, to New York banking institutions and financial services companies licensed by the NYDFS. The guidance sets forth the...more
The CHIPS R&D Office is advancing innovation and creating opportunities across industry. $11 billion has been appropriated to the CHIPS Research and Development Office to advance research and development of semiconductor...more
Welcome to EO Radio Show – Your Nonprofit Legal Resource. A really hot topic right now is the duty of care for directors and trustees of charities in a time of volatility in the investment markets in general, and turmoil, or...more
At long last, the newly proposed Title IX regulations have been released! What do they say? How might your policies and procedures change to comply? Join Bricker's higher education team for a presentation for boards of...more
On April 15, 2022, participants in the U.A. Plumbers & Steamfitters Local 22 Pension Fund filed a petition for panel and en banc rehearing of the Second Circuit’s ruling in favor of the pension plan’s decision to...more
On March 24, 2022, the U.S. Supreme Court issued a unanimous decision of interest to public entities and individuals serving in public office. In Houston Community College System v. Wilson, the Court declined to consider a...more
In Houston Community College System v. Wilson, the United States Supreme Court held that a public body’s verbal censure of a fellow board member did not violate the board member’s First Amendment rights. The censure followed...more
Two weeks ago was a win for boards of education and other public bodies in Connecticut and across the country. On March 24, 2022, the United States Supreme Court unanimously held in Houston Community College System v....more
In Houston Community College System v. Wilson, the Supreme Court of the United States recently addressed the scope of impermissible retaliation under the First Amendment in the context of a dispute between the members of the...more
On March 24, the U.S. Supreme Court issued a unanimous decision in Houston Community College System v. Wilson, holding that the public censure of one of the plaintiff's elected trustees by his board colleagues did not violate...more
In a unanimous decision, the U.S. Supreme Court concluded on March 24, 2022, that the Board of Trustees for the Houston Community College System (HCC) did not violate the First Amendment when it censured one of its members....more
The Supreme Court ruled last week that a college board’s censure of a trustee did not violate the First Amendment. David Wilson was an elected member of the Board of Trustees of the Houston Community College (HCC) System...more
What do you suppose the Supreme Court might tell a politician who filed a lawsuit complaining that other politicians said mean things about him? You might think the Court would say, “Toughen up, Buttercup!” Well, yesterday,...more
As schools reflect on the most challenging year in memory and start a new one, you may want to consider using this time to update your school’s bylaws. There have been a number of lessons learned over the past 18 months that...more
In the wake of the ravages COVID-19 is wreaking on educational institutions, independent and private school boards of trustees are seeking clarity on legal protections for board members and boards of trustees acting on behalf...more
At long last, the final Title IX regulations have been released! What do they say? How must your policies and procedures change to comply? Our higher ed team is hard at work parsing through 2,033 pages of regulations and...more
The board members or trustees of private foundations frequently serve on the boards of organizations that apply for and receive grants. This may present the possibility of a conflict of interest issue when the foundation...more
On July 31, 2019, Judge George H. Wu of the U.S. District Court for the Central District of California released tentative findings of fact and conclusions of law dismissing an excessive fee claim brought under Section 36(b)...more
The Ninth Circuit unanimously concluded that a trustee and lawyer for certain multiemployer funds violated ERISA § 510 by unlawfully firing a whistleblower in the funds’ collections department, but, in a split decision,...more
In Young v. Heins, Young brought third-party claims against the board of trustees of a nonprofit home owner association for breach of fiduciary duty, breach of the duty of good faith and fair dealing, breach of contract,...more