Education

Alston & Bird’s Education Team is a multidisciplinary group of highly accomplished lawyers steeped in the education ecosystem and attuned to the myriad challenges facing educational institutions today. Members of the team have served as senior in-house counsel of higher education institutions and related companies and worked for the Department of Education and other regulators you regularly interact with, bringing their extensive government experience to advocate on your behalf. Our team consistently stays ahead of emerging issues, industry standards, and the laws and regulations that impact educational institutions so that we are prepared to provide you with timely and accurate guidance and counsel. We develop and implement strategies to minimize risk and ensure compliance with ever-changing federal, state, and local laws and regulations – and defend you against litigation if necessary. The team represents both public and private institutions and has extensive experience counseling both for-profits and not-for-profits. Our expertise ensures that you remain focused on your institutional mission and needs. 

• Litigation: We defend educational institutions in a wide range of litigation matters in federal and state courts, including consumer protection and false advertising matters, securities and shareholder claims, class actions, False Claims Act and qui tam actions, and accreditation litigation, among a host of other types of lawsuits. 
• Government Investigations, Regulatory Inquiries & Compliance: We are there to counsel institutions that need to respond to inquiries from government regulators and conduct internal investigations on behalf of clients facing allegations of misconduct by government regulators. Our government investigations lawyers are well-known by the government, and they are trusted. If government regulators or accreditors have singled out your institution for investigation, we will protect your interests while conducting a thorough examination of the processes and specifics to reduce the likelihood of future scrutiny. 
• Corporate, M&A, and Project Finance: We have assisted more than 40 colleges and universities to expand and improve through strategic acquisitions, affiliations, and development of new facilities. With your planning and goals in mind, we work effectively to anticipate problems that could lead to delays and properly structure transactions for maximum long-term success. 
• Labor & Employment: We routinely represent schools, colleges, and universities in their labor and employment needs, from pre-employment screenings to effective and lawful termination procedures and everything in between. We have defended whistleblower claims and both individual and class action claims brought by current and former employees.
• Privacy & Cyber: Our education privacy & data security team is uniquely positioned to effectively and efficiently advise education leaders in cybersecurity preparedness and, in the unfortunate occurrence of an attack, to assist with a swift and nimble response. Our team is focused on the higher education industry’s challenges of complying with a complex maze of cybersecurity regulations and regulatory expectations. Drawing on a range of multidisciplinary talents and extensive industry experience, our team of lawyers focuses on the particular and ever-evolving privacy and cybersecurity needs of our higher education clients.
• Antitrust: From strategic partnerships or mergers and acquisitions to compliance issues and investigations and litigation, our Antitrust Team offers a wealth of antitrust legal experience, including handling antitrust matters on behalf of higher education institutions. Clients regularly retain us to represent them in antitrust trials, class actions, and multidistrict litigation, in addition to business counseling for mergers and acquisitions and related federal governments investigations.
• Intellectual Property: You can protect important technologies in areas like biotechnology, engineering, and pharmaceuticals through our team of respected intellectual property lawyers and agents who work with universities and research institutions. Our lawyers assist clients with identifying, protecting, managing, and defending a myriad of intellectual property assets and will work efficiently to protect ideas, mitigate exposure, and, as necessary, vigorously defend your interests.
• Legislative & Public Policy: Our policy professionals are uniquely positioned to advise education clients in a bipartisan, bicameral manner on public policy matters. We have a full-service team of former Members of Congress, Administration officials, chiefs of staff and top policy advisors. 

By taking the long view and partnering with you to focus on your strategic vision and objectives, Alston & Bird’s multidisciplinary Education Team offers a seamless and comprehensive experience for any matter.

Litigation
Government Investigations, Regulatory Inquiries & Compliance
Corporate, M&A, and Project Finance
Labor & Employment
Privacy & Cybersecurity
Antitrust
Intellectual Property
Lobbying

Litigation

Securities Litigation

• Representing an education services company and certain of its officers in a consolidated shareholder class action that alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act in connection with statements related to the sale of its university.
• Defended a university in securities and derivative litigation, nationwide class actions, mass actions, and a mass arbitration portfolio of more than 500 claims asserting claims of false advertising following a large settlement with the Federal Trade Commission.
• Represented the directors of an education company against claims of fraud brought by company investors following the closure of the education company.  

Class Actions

• Tried a certified class action to verdict on behalf of a preschool that alleged the preschool violated the health and safety regulations of California’s Unfair Competition Law. 
• Obtained dismissal of a class action filed by students relating to a university’s tuition refund policy. 
• Secured a denial of class certification in a putative class action alleging that students were fraudulently induced to enroll in degree programs that were unsuitable for professional licensure in their states of practice. 
• Obtained dismissal of a class action filed against a university by doctoral students alleging misrepresentations in connection with a degree program. 
• Obtained dismissal of a class action filed against a university relating to alleged misrepresentations of the dissertation process. 
• Obtained dismissal of a class action filed against a university relating to alleged misrepresentations of a degree program. 
• Defeated class certification and negotiated voluntary dismissal in a class action filed against a university alleging misrepresentations of a program’s suitability for professional licensure. 

False Claims Act

• Represented an education company in a False Claims Act action involving alleged accreditation violations. 
• Defended a university against a False Claims Act action and obtained dismissal of claims alleging violations of the incentive-compensation ban and requirements for proof of graduation. 
• Represented an education company in a False Claims Act action alleging violations of Title IV regulations. 
• Represented the director of a hospital department and professor of medicine at a major university health center in a False Claims Act investigation involving alleged Medicare overbilling. 

Accreditation Actions

• Won summary judgment for a historically Black institution on a common-law due process claim that the Southern Association of Colleges and Schools Commission violated its own rules when it stripped the college of its accreditation. 
• Represented a college and its president in an accreditation dispute. 
• Defended an accrediting agency in a lawsuit filed in federal court by a formerly accredited institution and negotiated a favorable post-trial settlement. 

Other Litigation

• Obtained dismissal of all claims for a medical school in a lawsuit filed by the victims of a mass shooting that occurred at a teaching hospital. 
• Defended a university and its president in a lawsuit alleging breach of contract, wrongful termination, copyright infringement, and invasion of privacy. 
• Defended university officials of a public institution in an interlocutory appeal from a denial of qualified immunity. 
• Represented a university in a First Amendment challenge to institutional speech policies. 
• National litigation counsel for an education company defending numerous Telephone Consumer Protection Act putative class actions, individual lawsuits, and claims. 
• Represented a college in a significant real estate dispute in which the college prevailed in the trial court, court of appeals, and state supreme court. 
• Representing a university in the defense of a wrongful death and negligent campus security action. 

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Government Investigations, Regulatory Inquiries & Compliance

• Representing several educational institutions before the Department of Education regarding numerous borrower defense to repayment claims. 
• Represented education companies in numerous investigations by the Department of Education, Department of Justice, U.S. Attorneys’ Offices, and state attorneys general. 
• Defended a large university in an investigation conducted by the Federal Trade Commission into alleged false advertising claims. 
• Defended a school in an accreditation revocation action asserted by a major accrediting agency. 
• Assisted a university in defending against the threatened revocation of accreditation. 
• Conducted an internal investigation for a university regarding alleged accreditation fraud. 
• As general counsel of an education company, served as lead negotiator in resolving a Department of Justice fraud investigation of one of the company’s schools. 
• As general counsel of an education company, led an internal investigation into export-import violations and resolved the matter with the U.S. Department of Justice, U.S. Food and Drug Administration, Florida Department of Justice, and Florida Department of Health Food Safety and Sanitation Division with no civil penalties or criminal charges. 
• Defended a college in an Office of Civil Rights investigation into claims of discrimination based on mental disability. 
• Handled the investigation of charges of discrimination asserted by the U.S. Office of Federal Contract Compliance Programs against a major university. 
• Engaged by the board of a state university system to lead an independent investigation into the alleged improper use of restricted state funds for capital projects, which uncovered the misuse of nearly $100 million in state funds on over a dozen capital projects during a 10-year period. 
• Retained by the board of directors of an education company to lead an internal investigation into the CEO, which resulted in the termination of the CEO. 
• Advised clients on conducting internal investigations to address allegations of sexual harassment and sexual assault in compliance with the Department of Education’s Office of Civil Rights’ “Dear Colleague” letter. 
• Led an internal investigation into fraudulent student employment outcomes for an education company, which resulted in the termination of a number of senior-level employees. 
• Outside general counsel to various colleges and universities. 
• Outsourced in-house counsel for an education system to assist the Office of General Counsel with regulatory and compliance matters. 
• Prepared Clery Act compliance training for all education affiliates on annual reporting requirements. 
• Advised educational institutions during Title IV program reviews, accreditation disputes, and gender-equity audits. 

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Corporate, M&A, and Project Finance

• Representing a system of colleges and universities in various affiliation agreements designed to grow the system. 
• Represented a university in the financing and development of its research and technology park, including the negotiation of all design and construction contracts. 
• Represented a psychology school in a complex finance transaction to support the opening of an osteopathic medical school. 
• Advised a state university on alternative legal structures for the clinical activities performed in connection with its four medical school campuses. 
• As general counsel of an education company, led negotiations of the divesture of a $1 billion institution, among others, and the acquisition of a $1.5 billion institution.
• Advised an education company on the restructuring of its compliance department and program. 
• Advised a major research university about potential structural options for the creation of a consolidated research oversight alliance between the university and two regional hospital systems. 
• Advised a state university’s vice president for research on the creation of a potential new corporate structure for a consolidated research enterprise with a nonprofit hospital system. 
• Advised the faculty practice plan of a large university on alternative legal structures for the faculty practice group. 
• Advised a large university on an assessment of the hospital’s board of trustees (whose members are appointed by the regents). 
• Advised a large university on undertaking an assessment of the executive governing body. 
• Advised a state university and its physician group on negotiating a major academic and clinical affiliation agreement with a health system, including the creation of a new public-private governing board for the proposed affiliation. 
• Advised a public university and its medical center in renegotiating the county’s long-term management and clinical services agreement with the university. 

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Labor & Employment

• Providing ongoing advice and counsel for a university system on COVID-19 employment issues at both lower school and university levels regarding remote work, leaves of absence, return to work, medical and religious exemption policy and evaluation, and related issues. 
• Advised a major public institution on the structure and legal aspects of its first-ever reduction in force, with no resulting litigation. 
• Conducted collective bargaining agreement negotiations with unions representing campus employees. 
• Represented a college against unions in a National Labor Relations Board unfair labor practice proceeding and litigation involving campus protests.
• Obtained summary judgment on behalf of a nursing school against wrongful termination claims based on alleged violations of the Americans with Disabilities Act. 
• Represented many colleges and universities in addressing sensitive and potentially damaging personnel matters.
• Secured a walk-away settlement with complete dismissal with prejudice of all claims against a public university system that resolved an injunctive action brought by a teacher’s union seeking to close in-person school during the COVID-19 pandemic. 
• Advised and prepared a catastrophic leave policy for a university system. 
• Provided legal guidance to department heads and support staff related to the recruitment, processing, and retention of non-U.S. work-authorized scholars for long- and short-term positions with the university. 
• Guided a university human resources department on the proper employment verification processes for all personnel, including the use of Form I-9, E-Verify, and compliance with state-related immigration laws. 
• Negotiated a head men’s basketball coaching contract for a major university. 

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Privacy & Cybersecurity

• Assisted a system of colleges impacted by a ransomware attack at a third-party service provider, which was a large cloud software company that provides data management services to many organizations. Also assisted the client in its investigation to determine the extent of the impact of the incident on its data and in its notifications process to fulfill its legal and regulatory obligations. 
• Assisted a large, state educational institution in investigating and remediating a misconfigured webpage that inadvertently rendered a data set containing COVID-19 test results for faculty, staff, and students to broader access than initially intended. Following a technical forensic investigation, obtained a favorable result for the client under relevant state and federal laws. 
• Assisted a large, state educational institution in investigating and remediating a misconfigured identity and access management (IAM) system, in which user entitlements and certain other user-related information were inadvertently shared internally and with third-party service providers at the authentication stage of the login process. Following a technical investigation, obtained a favorable result for the client under U.S. state and federal laws as well as the EU General Data Protection Regulation. 
• Assisted an elite college and affiliated foundation impacted by a ransomware attack at a third-party service provider, which was a large cloud software company that provides data management services to many organizations. Also assisted the client in its investigation to determine the extent of the impact of the incident on its data and in its notifications process to fulfill its legal and regulatory obligations. 
• Assisted a service provider that partners with colleges and universities to provide skills training and development to students likely to seek employment in the financial services sector following college graduation in the development of its information security and data privacy practices. 
• Retained as one of several firms to be breach counsel for a large public university. 

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Antitrust

• Represented a leading national university in a nationwide class action in federal court challenging the national medical resident matching program as a price-fixing conspiracy. 
• Represented a college in antitrust litigation in federal trial and appellate courts involving denial of its accreditation by a national accrediting body. 
• Obtained dismissal of a federal lawsuit against a leading national university and multiple administrators alleging antitrust violations in connection with denial of admitting privileges to a physician at its academic medical center. 
• Represented a leading academic medical center in resolving – without any alteration of the transaction – a Federal Trade Commission investigation of its acquisition of a rival health care system. 
• Advised a leading academic medical center on antitrust compliance issues and antitrust analysis and pre-merger clearance of proposed transactions. 
• Advised a leading national university on antitrust compliance issues related to a project to convene stakeholders and organize information exchanges within an industry. 

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Intellectual Property

• Developed patent portfolios around important technologies such as genetic engineering, microelectronics, computer hardware, computer software, and business method patents for universities and research institutions.
• Representing a leading Scottish research university regarding its patents related to critical technology used to disinfect bacteria in hospital and school environments. 

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Lobbying

• Representing academic medical centers before Congress and the Administration on a wide range of issues, including federal health programs such as Medicare and Medicaid, COVID-19 health care provider relief programs, federal appropriations, and federally funded research. 

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