The nature of litigation involving schools, colleges and universities is as diverse as their underlying operations. We have a long history of representing education clients in litigation and administrative proceedings of all types, whether involving students, faculty, staff, donors, vendors, or federal and state regulators, including the U.S. Departments of Education, Justice, and Labor. We also provide comprehensive counseling before the claim or complaint is filed to help place our clients in the strongest possible position when litigation or administrative proceedings cannot be avoided.
Particularly sensitive situations may call for the assistance of outside counsel to conduct an internal investigation. We assist in investigations involving allegations of sexual misconduct, discrimination, hazing, research or other academic misconduct, financial improprieties, violations of federal and state law, and more — working closely with board committees and senior institutional administrators. We also provide preemptive policy and practice review before the need for an investigation arises.
Colleges, universities and other educational institutions are often the largest employers in their areas. We advise education clients on labor and employment matters across the spectrum, including compliance with state and federal employment laws, policy development, faculty and staff handbook development, tenure processes, executive compensation and benefits, and collective bargaining/organizing campaigns.
Our attorneys routinely defend clients in employment litigation and in connection with charges before state and federal administrative agencies including the EEOC. We also advise our clients preemptively and throughout the employment lifecycle in an effort to avoid claims.
At many colleges and universities, faculty, academic staff, and students engage in research that generates intellectual property, triggering the need to determine whether the institution will seek protection. We advise education clients on every aspect of moving intellectual property from the lab to the marketplace, including invention assessment, patent prosecution, and technology transfer/licensing. We also counsel colleges and universities on the copyright, trademark, and other intellectual property issues that arise on campus.
The entrepreneurial spirit that is prevalent in higher education often leads faculty and students to form and grow independent business entities. For these clients, our program for Startup and Early-Stage Entrepreneurial Development—Troutman Pepper Locke SEED™—combines the resources of our experienced, multidisciplinary team into an affordable package for startups and early-stage companies, providing a full suite of essential basic corporate documents, legal counseling, and mentoring in areas such as board development and management, business plan review, and investor relations.
Given their fiduciary role, it is imperative that educational institution boards establish and follow strong governance policies and procedures, and that board members receive appropriate training on topics important in education so they can effectively carry out their governance responsibilities. From drafting and amending articles and bylaws to conflicts of interest and advising on trustee indemnification and liability, we work with education clients to ensure their boards are equipped to fulfill their fiduciary roles.
Whether building a new residence hall through a P3, negotiating contracts for the renovation of an academic lab building, or exploring the installation of a solar array, our construction, real estate, and environment and energy teams help colleges, universities, and other educational institutions navigate the myriad issues involved with these significant endeavors. From project conception through completion, we work with clients to understand and help them to achieve their goals.
Our attorneys understand the financial complexities of educational institutions. We advise schools, colleges, and universities on the broad spectrum of tax, endowment, and other financial matters impacting their operations, including the ever-changing compliance landscape. Our team assists clients with issues involving unrelated business income, tax exemptions, employment tax, and IRS audits. We also provide bond counsel opinion, capital financing advice, and represent clients in debt finance and capital markets transactions.
Understanding the work of college and university advancement offices and the challenges they face in securing philanthropic dollars for their institutions’ futures, we structure annual fund appeals and capital campaigns, and assist in complying with federal and state regulations. Our attorneys also advise clients as they prepare gift agreements, negotiate naming rights, and explore emerging fundraising opportunities.
Educational institutions are responsible for collecting and maintaining a daunting amount of protected data on their employees, students, alumni, research subjects, and others. We help higher education clients mitigate risk and stay ahead of important developments in the evolving area of data privacy and security compliance. Our attorneys develop and implement appropriate policies and, when the need arises, assist them in responding to a data incident. Our full-service data security and privacy teams also assist clients as they face regulatory investigations and enforcement.
