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Brandon's Profile

Brandon is Of Counsel in Maynard’s Higher Education Practice Group. Brandon is one of a small number of attorneys in the United States with a daily practice devoted primarily to the needs of institutions of higher education, accreditation agencies, education companies, and investors.

His practice focuses on the rules and procedures related to federal student aid programs, state authorization, cybersecurity and data privacy, anti-discrimination laws, and accreditation. Brandon applies his experience at the U.S. Department of Education to help clients resolve complex regulatory and enforcement challenges.

Before joining the Higher Education Practice Group at Maynard, Brandon served as Senior Counsel to the U.S. Deputy Secretary of Education, where he advised the Deputy Secretary and other senior Department officials in making informed decisions on various plans and goals concerning higher education policies, regulations, and legislation and related proposals critical to the Secretary and the Deputy Secretary. In that position, he served as the primary adviser to the Secretary on appeals of the Office of Hearings and Appeals decisions and on appeals of the Senior Department Official’s decisions on the recognition of accrediting agencies. In addition, he coordinated the development of the Campus Cybersecurity Program and advised senior staff on cybersecurity legal and policy considerations.

Brandon also served as Senior Counsel in the Department's Office for Civil Rights, where his responsibilities included advising the Assistant Secretary on drafting Title IX regulations and revising OCR investigation process and procedures. He previously was in private practice in Washington, DC, specializing in higher education matters.

Brandon is also a frequent speaker at conferences on issues relating to federal higher education policy, marketing and advertising practices, restructuring of institutions’ operations, accreditation, Title IX, and cybersecurity.

Brandon received his J.D. from Michigan State University College of Law and holds a Bachelor of Arts, cum laude, in Political Science from York College.

Brandon's Experience

  • Prepared a report regarding an institution’s compliance with the FTC’s prohibition on unfair and deceptive marketing practices.
  • Successfully represented a programmatic accreditation agency in an appeal for the denial of initial accreditation.
  • Defended institutions undergoing investigation by the U.S. Department of Education Office for Civil Rights related to allegations of discrimination under Title VI, Title IX, and Section 504.
  • Co-authored the U.S. Department of Education's campus cybersecurity requirements and enforcement framework.
  • Advising school owners and investors regarding the regulatory aspects of education investments, mergers, and acquisitions.
  • Drafted accrediting agency standards, policies, and procedures.
  • Assisted in preparing and filing applications for state authorization and accreditation.
  • Drafted comments regarding the U.S. Department of Education’s proposed regulations regarding Gainful Employment and Borrower Defense to Repayment.

Brandon's Affiliations and Civic Involvement

  • Career Education Colleges and Universities (CECU) Federal Regulatory Affairs Committee
  • Board of Directors, Michigan State University College of Law Alumni Association
  • Former Secretary and Governor, City Tavern Club
  • Youth baseball couch

Brandon's Speaking Engagements

  • Presentation: Federal Regulatory & Legislative Updates, Distance Education Accrediting Commission Fall Workshop (October 2022)
  • Presentation: FTC’s Initiative on Institutional Marketing Practices—What You Need to Know, CAPPS Annual Conference (October 2022)
  • Presentation: Title IX–What You Need to Know, FAPSC Annual Conference (July 2022)
  • Presentation: Negotiated Rulemaking Update, MAACS Annual Conference (July 2022)
  • Presentation: FTC’s Initiative on Institutional Marketing Practices—What You Need to Know, CECU Annual Conference (June 2022)
  • Presentation: State of Disruption: A Discussion with Experts in Industries Dealing with Significant Change, Association of Insolvency and Restructuring Advisors “AIRA” Annual Conference. (June 2022)
  • Presentation: Campus Cybersecurity---The Path Forward, FAME 2022 Financial Aid & School Management Conference (May 2022)
  • Presentation: FTC’s Prohibition on Unfair and Deceptive Marketing Practices: What You Need to Know (April 2022)
  • Presentation: Campus Cybersecurity and Data Privacy- The Path Forward, ABHES Annual Conference (March 2022)
  • Webinar: Revised GLBA Safeguards Rule, MAACS (February 2022)
  • Presentation: Cybersecurity and Privacy in Education: Guidelines for Managing and Protecting Data, ACCET Annual Conference (November 2021)
  • Presentation: Title IX Framework- What You Need To Know, DEAC Fall Workshop (October 2021)
  • Presentation: Cybersecurity and Privacy in Education: Guidelines for Management for Managing and Protecting Data, CAPPS Annual Conference (October 2021)
  • Presentation: Campus Cybersecurity—A Practical Approach to Implementation, CSPEN Annual Conference (August 2021)
  • Presentation: Cybersecurity & Data Protection Issues, FAPSC Annual Conference (August 2021)
  • Podcast: Cybersecurity in Higher Ed, Data Crunch Podcast (July 2021)
  • Presentation: Cybersecurity and Data Protection Issues, Mid-Atlantic Association of Career Schools Annual Conference (July 2021)
  • Webinar: Campus Cybersecurity – The Path Forward, Career Education Colleges and Universities (March 2021)
  • Presentation: Brave New (Socially Distanced) World: Privacy and Data Security Challenges for Distance, CAPPS Annual Conference (November 2020)
  • Presentation: Campus Cybersecurity: A Department Priority, CSPEN Annual Conference (October 2020)
  • Webinar: Campus Cybersecurity: A Department Priority, CSPEN Virtual Conference (August 2020)
  • Webinar: Campus Cybersecurity: A Department Priority, American Association of Cosmetology Schools, Compliance Webinar Series (July 2020)
  • Presentation: Washington Update: Is Your School Doing Enough to Protect Student Data?, CECU Convention (June 2020)
  • Presentation: Office for Civil Rights Update, U.S. Department of Education Rural Stakeholder Initiative (September 26, 2018)
  • Presentation: Getting all your Docs in a Row: Clery/Title IX Compliance for Institutions of All Sizes, California Association of Private Postsecondary Schools Annual Conference (October 2017)
  • Presentation: OCR Update, 2017 HBCU-LEEA Training Conference (July 2017)
  • Closing Remarks: White House Initiative on Educational Excellence for African American Summit on Supporting African American Youth with Disabilities (July 2017)
  • Discussion: Uncertain and Unplanned: The Future of Higher Education, Distance Education Accrediting Commission Annual Conference (April 2017)
  • Presentation: New Developments in Federal Policy - and what about HEA Reauthorization, Distance Education Accrediting Commission Annual Conference (April 2016)
  • Webinar: Call to Arms: Department of Defense Suspensions and Related Actions, Career Education Colleges and Universities (March 2016)
  • Presentation: DEAC Degree Comparability Study, Distance Education Accrediting Commission Annual Conference (April 2015)

Admissions

State Bar: Maryland, Washington, D.C.

U.S. District Court: District of Columbia

Education
  • Michigan State University College of Law
    • (2004, J.D.)

  • York College
    • (2001, B.A., cum laude, Political Science)


Friday, January 27, 2023

Foreign Gift and Contract Reporting Deadline

The U.S. Department of Education (Department) established rules requiring some institutions of higher education (institutions) to file disclosure reports regarding monies obtained from foreign sources. Section 117 of the Higher Education Act of 1965, 20 U.S.C. § 1011f, requires institutions to file a disclosure report with the Department if (1)...

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Thursday, January 12, 2023

The U.S. Department of Education Announces that it will Convene New Negotiated Rulemaking Committees

The U.S. Department of Education (ED) has announced its intentions to undertake a new round of negotiated rulemaking in 2023. Topics for negotiated rulemaking would include accreditation, state authorization, distance education, and cash management. On January 4, 2023, ED released its Fall 2022 Uniform Agenda as required by Executive Order...

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Tuesday, November 29, 2022

Federal Trade Commission Extends Deadline for Compliance with Safeguards Rule

On November 15, 2022, the Federal Trade Commission (“FTC”) announced that it has extended the deadline to comply with various aspects of the updated “Safeguards Rule” described in 16 C.F.R. Part 314. The new deadline for compliance is June 9, 2023. The Safeguards Rule addresses the safeguards and protections that...

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