News & Analysis as of

Universities

Gig U: California College Begins Offering Gig Economy Classes

by Fisher Phillips on

With each passing day, it is becoming increasingly evident that the gig economy is here to stay. Therefore, it should not come as a surprise that institutions of higher education have begun thinking of ways to educate...more

PTAB Finds that Suing in Federal Court Waives Sovereign Immunity

by Knobbe Martens on

On December 19, 2017, a seven-judge expanded PTAB panel ruled that the University of Minnesota (UM) waived its Eleventh Amendment immunity defense when it filed a patent infringement action in federal district court. ...more

State University's Filing Of Patent Infringement Action Waives Sovereign Immunity To IPR Proceedings

The PTAB (Patent Trial and Appeal Board) of the USPTO recently issued a decision that a filing of a patent infringement action by a public university waives sovereign immunity to inter partes review (IPR) proceedings in the...more

School Districts Gearing Up for 2018-2019 Hires with Special H-1B Rule

by McNair Law Firm, P.A. on

While students across the country are heading back to finish the school year, school districts are already preparing to hire teachers for the next academic term. Districts are suffering from a nationwide teaching shortage and...more

PTAB Deals A Crippling Blow To Sovereign Immunity

by Morrison & Foerster LLP on

Patent Trial and Appeal Board Chief Judge David Ruschke recently dealt sovereign immunity a crippling blow. Although Judge Ruschke confirmed that Eleventh Amendment immunity does apply to sovereign actors, he held that when a...more

PTAB Recognizes Limits to Eleventh Amendment Sovereign Immunity

by Jones Day on

In a pair of near identical decisions issued on December 19, 2017, an expanded PTAB panel found that the Regents of the University of Minnesota had waived its defense of sovereign immunity by filing actions against the...more

University Learns a New Lesson: Transgender Discrimination Landmark Verdict in Oklahoma

In a landmark case, an eight-person jury (six women and two men) awarded a transgender professor, Rachel Tudor, more than $1.1 million in her claim that her former employer discriminated against her on the basis of her sex....more

Tax Reform’s Effect on the Sports Industry

by Proskauer - Tax Talks on

On Friday, December 22, 2017, President Trump signed into law H.R. 1, the $1.5 trillion tax reform law known as the Tax Cuts and Jobs Act (the “Tax Reform Act”). This alert describes provisions of the Tax Reform Act that we...more

Two Courts Clear the Way for Bankruptcy Trustees to Avoid Tuition Payments Made by Parents on Behalf of Children as Fraudulent...

Two bankruptcy courts recently cleared the way for bankruptcy trustees to avoid college tuition payments made by debtor-parents on behalf of their children as fraudulent transfers, potentially affecting the college’s ability...more

Tax Cut and Jobs Act to Cause Significant Financial Disruption to Sports and Entertainment Businesses

by Stinson Leonard Street on

On Friday, December 22, 2017, President Trump signed into law the Tax Cuts and Jobs Act (the Act). While the emphasis of the Act focused on the reduction of corporate rates, and the repeal of the Affordable Care Act's...more

University Waives Eleventh Amendment Sovereign Immunity By Enforcing Patent Rights

by Orrick - IP Landscape on

The Regents of the University of Minnesota (“Patent Owner”) sued Ericsson Inc. and Telfonaktiebolaget LM Ericsson (collectively, the “Petitioners”) in district court for patent infringement. When the Petitioners sought inter...more

Assertion of Patents Results in Loss of Sovereign Immunity for Public Universities

On December 19, 2017, an expanded panel of the Patent Trial and Appeal Board (PTAB) ruled that the state of Minnesota waived its Eleventh Amendment immunity to challenges to patent validity by inter partes review (IPR) by...more

Issue Ten: PTAB Trial Tracker

by Goodwin on

Board Curtails Use of Sovereign Immunity Defense to Avoid IPR - In Ericsson, Inc. v. Regents of the University of Minnesota, an expanded panel denied Patent Owner Regents of the University of Minnesota’s motions to dismiss...more

Changes on the Horizon for Colleges and Universities Under Tax Reform Legislation

by Goodwin on

On December 20, 2017, Congress sent a major tax reform bill (the Act) to President Trump for signature. Once signed, the Act will result in significant changes for many institutions of higher education. Notably, new excise...more

Tax Reform and Nonprofits: The Law Formerly Known as the Tax Cuts and Jobs Act

by Morgan Lewis on

On December 22, 2017, US President Donald Trump signed H.R. 1, enacting fundamental changes to the US tax law that affect all sectors of the economy, including nonprofits. Earlier this week, the US House of...more

PTAB offers clarification on inter partes review and sovereign immunity

by Thompson Coburn LLP on

The topic of sovereign immunity has been raised a number of times in recent months in inter partes review (“IPR”) proceedings. In these proceedings, the Patent Trial and Appeal Board (“Board”) has addressed whether state...more

Tax Reform: Key Provisions for Tax-Exempt Organizations

by Ropes & Gray LLP on

After much uncertainty surrounding competing bills, the House of Representatives voted to pass comprehensive tax reform legislation (the “Act”) on December 20, 2017, shortly after the Senate passed the measure. The Act will...more

PTAB Finds Sovereign Immunity in IPR Waived by Filing Infringement Action in Federal Court

by Goodwin on

Yesterday, in Ericsson Inc. v. Regents of the University of Minnesota, an expanded 7-judge PTAB panel ruled that a patent owner waives a claim to sovereign immunity in an IPR “by filing an action in federal court alleging...more

Tax Reform: Modifications to the Conference Committee’s Bill

by McGuireWoods LLP on

On Dec. 19, the Senate parliamentarian ruled that three provisions in the Tax Cuts and Jobs Act violated Senate procedure. These provisions, which were subsequently removed, related to the use of 529 savings accounts for...more

The Dust Settles: Key Provisions of the Tax Bill for Nonprofit Organizations

by Faegre Baker Daniels on

On December 20, 2017, Congress passed the Tax Cuts & Jobs Act (TCJA), which now awaits President Trump’s signature. Among many changes that the TCJA will bring to current federal tax law, several will affect tax-exempt,...more

Field Law Post-Secondary Summit Recap

by Field Law on

Field Law held its second Post-Secondary Summit on November 30, 2017 in Calgary. Brief summaries of the presentations given at the Summit are provided below...more

Beyond the Campus Gates: Cyber Tops Risks for 2018

It’s no secret that cybersecurity concerns are a daunting challenge for higher education with their sprawling networks and databases. But industry leaders are predicting that data security will be one of the most serious...more

Title IX: Fair Campus, Foul Weather

With Education Secretary Betsey Devos much in the news over possible changes to the Dear Colleague letter promulgated by the DOE’s Office of Civil Rights, this note by me and my Lightfoot colleagues Brandon Essig and Clint...more

Cybersecurity 2018 – The Year in Preview: Privacy and Security in Educational Institutions

Editors’ Note: This is the sixth in a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Previous installments include analyses of HIPAA compliance, emerging...more

Year-End Tax Planning for College Football Fans

Fans of college athletics may have heard something about tax legislation barreling through Congress this month, and didn’t pay much attention since it sounded like boring stuff that only meant something to big tech companies...more

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