Maynard Cooper & Gale and Nexsen Pruet have agreed to merge on April 1, 2023. Together we will be Maynard Nexsen.

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Maynard’s Higher Education Practice Group is deeply experienced in all manner of regulatory issues that are important to institutions of higher education, educational investors, third-party servicers, and accrediting agencies. Attorneys in the group have worked in the U.S. Department of Education and nationally recognized accrediting agencies, in other specialized law firms focused on higher education, and as in-house and outside counsel to colleges and universities, investor groups, and accrediting agencies. Their expertise in regulatory and operational matters complements the Firm’s other practice groups that have a long history of working with institutions of higher education in such matters as banking and finance, cybersecurity, real estate, employment and human resources, intellectual property, immigration, litigation, and transactions.

Our comprehensive higher education practice includes the following services and specializations:

  • Regional, national and programmatic accreditation reviews, responses, and appeals
  • Title IV and other federal student aid matters, including eligibility and certification issues, program reviews, compliance audits, and appeals
  • Cybersecurity and data privacy policies and requirements
  • Title IX policies and investigations
  • Clery Act and Violence Against Women Act policies
  • Professional licensing and certification issues, including appeals
  • State authorization and approval
  • Substantive changes, including new campuses and changes of ownership or control
  • Accrediting agency recognition applications and appeals

Representative projects that we have handled include the following:

  • Worked with colleges to resolve accreditation compliance issues, including institutional governance concerns
  • Conducted Title IX investigations, hearings, and appeals
  • Prepared response documents and represented college in potential adverse proceeding by state board of nursing
  • Resolved final audit and closed-school discharge determinations
  • Represented parties in M&A transactions involving higher education institutions
  • Reviewed and revised college policies and procedures, including student handbook and Title IX policies
  • Advised institutions on usage of HEERF and other emergency federal funds in response to the COVID-19 pandemic
  • Represented an accrediting agency through the federal recognition process

Litigation attorneys in the higher education practice have successfully represented colleges and universities in a number of diverse matters across the United States. A representative sample of these matters includes the following:

  • Student and employee litigation and arbitrations, including those arising from the closure of a national chain
  • False Claims Act and related qui tam actions
  • Intellectual property dispute following a transaction
  • Commercial real estate disputes
  • Discrimination and wrongful discharge claims

Our attorneys routinely monitor legal and regulatory developments that are important to our college and university clients. Our most recent Client Alerts are available below:

Our attorneys frequently present to the Higher Education industry at professional conferences and webinars. Our most recent presentations are available below.

Education News
Thursday, March 2, 2023

U.S. Department of Education Postpones Effective Date of New Third-Party Servicer Guidance and Reporting Obligations

Earlier this week, the U.S. Department of Education (the “Department”) announced that it is postponing the effective date of new third-party servicer guidance and servicer reporting obligations to September 1, 2023. As we detailed in our February 17, 2023, Client Alert, the new guidance and reporting requirements were outlined in...

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Friday, February 17, 2023

U.S. Department of Education Announces Review of Incentive Compensation Guidance and Updated Third-Party Servicer Guidance

The U.S. Department of Education (“Department”) on February 15, 2023, announced that it plans to hold virtual listening sessions on March 8 and 9 to hear comments from the public regarding the Department’s 2011 guidance on the ban on payment of commissions, bonuses and other forms of incentive compensation to...

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Tuesday, February 14, 2023

U.S. Department of Education Issues a Summary of Cybersecurity Updates Required by the GLBA Safeguards Rule

The U.S. Department of Education (“Department”) last week issued an Electronic Announcement summarizing the updates that institutions must make to their cybersecurity and data protection policies and procedures in order to comply with the “Safeguards Rule” as amended by the Federal Trade Commission (“FTC”) in late 2021. The Safeguards Rule...

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