Higher Education

Arnstein & Lehr represents a number of public and private institutions of higher education and has been involved in related public financing activities for these institutions. The types of activities engaged in for these institutions include the range of legal issues confronting higher education today including but certainly not limited to:

  • Faculty disputes, faculty tenure and promotion issues, faculty compensation, and faculty grievances
  • Student disputes, student fair hearing procedures, student records (FERPA), and student admission and disciplinary issues
  • Defense of federal and state discrimination claims under Title IX, Title VI, Title VII, and the Americans with Disabilities Act
  • Liability issues, including liability for student suicide and false arrest/security guard claims
  • Student and alumni affinity credit card programs
  • Sponsored research activities and federal contracting
  • False Claims Act and qui tam proceedings including cases based upon federal assurances
  • Whistleblower protection claims
  • Academic freedom and freedom of speech issues, including in the context of libel actions and fair comment provisions
  • Copyright and patent policies
  • Intellectual property, licensing, and ownership of data
  • Human Subject Research
  • Collective bargaining issues and FSLA compliance

The group has also been involved in arranging for bonded financing for revenue generating facilities such as student dormitories and convocation centers.

One unique aspect of the Higher Education practice group is its emphasis upon the special legal problems of academic health sciences centers. In combination with our Firm’s Health Care practice group, the Higher Education practice group has been involved in numerous claims relating to Medicare reimbursement, medical resident issues, transplantation and organ availability issues, fraud and abuse issues, Stark II compliance, and related topics.