Practice Areas & Industries: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

 





Group Profile Lawyers in this Group Offices Locations for this Group
 

Practice/Industry Group Overview

Educational institutions in the United States face unique legal, strategic, and management issues requiring specialized knowledge and expertise. From Mintz Levin's founding in 1933, we have been privileged to advise a host of national, regional, and local educational institutions on a broad range of issues. Our clients include:

  • independent and public colleges and universities,
     
  • independent secondary schools,
     
  • charter schools,
     
  • teaching hospitals,
     
  • educational associations,
     
  • educational funding agencies,
     
  • education-focused businesses and investment groups,
     
  • sponsors and managers of college savings plans, and
     
  • companies that manufacture and distribute educational products.

Our Education Practice Group takes an innovative, client-centered approach to the representation of educational institutions and entities that deal with those organizations. We offer the talents of a multidisciplinary team of lawyers, consultants, and other professionals to effectively and seamlessly address such learning-related institutions and their needs. We have experience with the full range of education-related federal and state regulatory requirements.

The Education Practice Group has specialized expertise in the following areas:

Academic Compliance Issues

  • Title IX and Title VI compliance issues
     
  • NCAA enforcement
     
  • Financial aid fraud and abuse
     
  • Admissions policies

Communications/Government Relations

  • Lobbying
     
  • Crisis management
     
  • FCC representation of non-commercial educational broadcasters (college radio and television stations)
     
  • Community relations
     
  • Representation of educational institutions before the FCC
     
  • licensing, compliance and other related issues
     
  • radio, television, educational broadband, ITFS, and other spectrum license issues

Compensation and Benefits
 

  • Compensation consulting for President, Board Members and others
     
  • Tax-qualified retirement plans and tax-sheltered annuities
     
  • Non-qualified deferred compensation plans
     
  • Welfare and group benefits
     

Estate Planning, Gifting and Charitable Trusts
Financing and Investments

 

  • Public and private joint ventures
     
  • Assistance with domestic and international alternative investment programs in venture capital, private equity, real estate, and institutional hedge funds
     
  • Tax-exempt and taxable finance, capital and operating leases, and various types of hedge agreements, and assistance with post-issuance tracking of private use and compliance with other covenants
     
  • Negotiation of contracts with investment managers, custodians, and other financially related service providers

Governance
 

  • Intermediate sanctions and excess benefits
     
  • Not-for-profit and tax-exempt corporation law
     
  • Board structure, conflict of interest policies, state Sarbanes-Oxley requirements

Immigration
 

  • SEVIS compliance
     
  • Establishment of international programs
     
  • Obtaining immigration benefits for faculty, staff, and students
     
  • Presenting immigration seminars to foreign students

Infrastructure
 

  • Construction issues
     
  • Institutional land use, environmental law, and historic preservation
     
  • Telecommunications and technology infrastructure issues
     
  • Town/Gown initiatives

Intellectual Property

  • Patent, trademark, and copyright procurement
     
  • Inventorship determination and dispute resolution
     
  • Technology acquisition, transfer and commercialization

Labor and Employment

  • Civil rights and diversity issues
     
  • Specialized issues such as tenure
     
  • Negotiation of contracts with senior administrators and athletic coaches
     
  • Union/management relations
     
  • Agency and court employment litigation
     
  • OSHA

Litigation
 

  • Full range of litigation services, including class action lawsuits, internal investigations, disciplinary proceedings, regulatory and administrative proceedings, contract disputes, construction and real estate disputes, technology transfer and licensing litigation, and patent litigation
     
  • Health care fraud and abuse
     
  • Document and record retention policies and issues

Research

  • Structuring research institutes supported by major gifts
     
  • Grant compliance

Section 529 College Savings Programs

  • Extensive experience structuring prepaid tuition programs and Section 529 college savings programs in numerous states, including, in the case of prepaid tuition programs, associated contracts involving educational institutions.

Security and Privacy
 

  • Privacy requirements/FERPA compliance
     
  • Internet
     
  • USA PATRIOT Act compliance
     
  • Export control compliance issues
     
  • Gramm-Leach-Bliley and HIPAA compliance
     
  • Data security and incident response to security breaches

Front Line Expertise
The Education Practice Group is comprised of a team of knowledgeable professionals, many of whom have served or continue to serve in key management and board positions in government and at leading universities as well as secondary schools throughout the country, including

  • A former Associate Dean at Tulane University
     
  • A former General Counsel to the U.S. Agency for International Development
     
  • The current chair of the Massachusetts Board of Higher Education
     
  • A former special assistant to the Cabinet Secretary of the then-U.S. Department of Health, Education and Welfare
     
  • A former Acting Vice President at Boston University
     
  • President of The Boston Patent Law Association
     
  • A former editor of the Association of University Technology Managers Journal
     
  • Board members of dozens of colleges, independent secondary schools, and charter schools

Some Key Differentiators

  • Mintz Levin played a key role in establishing the Massachusetts Educational Financing Authority (MEFA) and developing its innovative student loan programs; we have served as advisor, bond counsel, general counsel, and public relations advisor to MEFA since its inception.
     
  • We serve as advocacy counsel for the National Association of Higher Educational Facilities Authorities, a trade association for higher educational bond issuers. In that position, we play a leadership role in monitoring and shaping federal legislation, policy, and trends affecting institutions of higher education across the country.
     
  • We are on the Approved Counsel list for United Educators Insurance.
     
  • We represent the National Association For Equal Opportunity in Higher Education (NAFEO), an association of approximately 130 historically and predominantly black colleges and universities.
     
  • We are a corporate affiliate of the College Savings Plan Network, and we have represented state sponsors as well as program managers in the establishment and operation of prepaid tuition and college savings programs in a variety of states.

The lawyers in our Education Practice Group are seasoned professionals.  Their knowledge and broad-based expertise enable us to be effective counselors and advocates for clients in the educational field.