News & Analysis as of

Recruitment Policies Educational Institutions

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tennessee Federal Court Issues Preliminary Injunction Blocking NCAA’s NIL Restrictions

On February 23, 2024, the U.S. District Court for the Eastern District of Tennessee issued a preliminary injunction in State of Tennessee and Commonwealth of Virginia v. National Collegiate Athletic Association, enjoining...more

Troutman Pepper

The NCAA's Response to the NIL Recruitment Injunction — Highway to NIL Podcast

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The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state...more

BakerHostetler

Into the Scrum: NCAA’s New NIL Policies Hit with Antitrust Suit by State Attorneys General Ahead of Football Signing Period

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At the end of January, Attorneys General Jonathan Skrmetti of Tennessee and Jason Miyares of Virginia filed a complaint in the U.S. District Court for the Eastern District of Tennessee alleging that the NCAA’s newest name,...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Bowditch & Dewey

Biden Administration Provides Guidance for Admissions Policies in the Wake of Students for Fair Admissions v. Harvard

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On June 29, the U.S. Supreme Court issued the decision in Students for Fair Admissions vs. President and Fellows of Harvard College, which ruled that an applicant’s race, by itself, cannot be considered as part of who should...more

Bricker Graydon LLP

Biden Administration Releases Dear Colleague Letter and Q&A Document regarding the Students for Fair Admissions Decisions

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On August 14, 2023, the Department of Education's Office for Civil Rights and the U.S. Department of Justice’s Civil Rights Division (together, the Departments) jointly released two resources to help higher education...more

DirectEmployers Association

Part II: Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC...

Monday, July 10, 2023: Part II: Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions - This is...more

Hogan Lovells

THIS WEEK: ED hosts listening sessions on bundled services exception to incentive compensation rule

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On March 8 and 9, the U.S. Department of Education (ED) will host virtual listening sessions to receive public comment on the incentive compensation rule. ED will accept written comments through March 16, per the Federal...more

Husch Blackwell LLP

Update: U.S. Department of Education Third-Party Servicer Guidance

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UPDATE: On February 28, 2023, the Department updated the Dear Colleague Letter issued February 15, 2023 to establish a future effective date for the guidance, extend the public comment period, and extend the reporting...more

Cooley LLP

ED Revisits Third-Party Servicer and Incentive Compensation Guidance

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The Department of Education announced two initiatives that expand oversight of third-party providers to institutions of higher education that participate in federal financial aid programs. On February 15, ED announced...more

Health Care Compliance Association (HCCA)

NSF, OSTP Begin Implementing ‘CHIPS’ Act; Institutions Face New Security Requirements

Report on Research Compliance 19, no. 10 (October, 2022) - What is a malign foreign government talent recruitment program and why does it matter? This is a term with which research compliance officials managing federal...more

Burr & Forman

Alabama Has Repealed Its NIL Law – Can Alabama’s Student-Athletes Still Get Paid?

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Introduction - On February 3, 2022, Alabama Governor Kay Ivey signed into law Alabama House Bill 76, which repealed Alabama’s NIL law that legalized collegiate student-athletes receiving compensation for their names,...more

Lathrop GPM

Navigating Considerations of Race and Sex in Scholarships

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Perhaps now more than ever, colleges and universities are undertaking or rejuvenating diversity, equity, and inclusion (DEI) initiatives across their organizations, and many donors are motivated to support such initiatives,...more

K2 Integrity

Digging Deeper Episode 5: Varsity Blues

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The headlines from Operation Varsity Blues dominated the news cycle for months – but what happened in higher education after the news trucks left campus?...more

Miles & Stockbridge P.C.

Disclosure Crucial to Thousand Talents Investigations

China employs its Thousand Talents Program (“TTP”) to recruit overseas academic and scientific talent to work in China by promising research funding from the Chinese government and, occasionally, compensation. TTP has drawn...more

Perkins Coie

Higher Ed Admissions Scrutiny—The Road Ahead

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The wave of federal charges against some fifty individuals for college admissions fraud and testing bribery schemes caught numerous universities and much of the United States by surprise. This growing scandal has already...more

The Volkov Law Group

National College Admissions Scandal Reveals Corrupt Underbelly of College Exams and Athletic Recruitment

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In a shocking announcement, federal prosecutors announced the arrest and charges against numerous individuals in connection with a nationwide criminal investigation focusing on college entrance exam cheating and admission of...more

Thomas Fox - Compliance Evangelist

Compliance Lessons From Burner Phones

Hunter S. Thompson once said that when the going gets weird, the weird turn pro. It turns out that amateurs can get weird too. The University of Mississippi football program, which is under a self-imposed postseason ban and...more

Cooley LLP

Blog: ED’s New Audit Guide Mandates Greater Scrutiny of Compensation Practices under the “Incentive Compensation” Rule

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As discussed in last week’s post, Title IV compliance audits for entities’ fiscal years ending June 30, 2017 and later must be completed using the revised Audit Guide recently issued by the US Department of Education’s Office...more

Hogan Lovells

Regional Accrediting Agency Proposes Ban on Paying Recruiters of International Students

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On March 27, the Middle States Commission on Higher Education (“Middle States”) released for public comment a draft policy on its expectations for honesty and truthfulness in published information and in student recruitment...more

Carlton Fields

Applying Kentucky Law, Sixth Circuit Finds Continued Employment Constitutes Assent To Arbitration Agreement

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During the time Plaintiffs Aldrich and Nolan worked as recruiters for the University of Phoenix, they allegedly signed an electronic form acknowledging their understanding of updated terms to the employee handbook. The...more

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