Shipman & Goodwin is proud to represent many of the leading colleges, universities and independent schools throughout Connecticut and in the Northeast. Drawing on our three decades of experience with such representation, our attorneys bring a unique perspective to the issues facing these institutions. We advise our college, university and independent school clients on a full range of matters, including governance, finance, government relations, employment and labor relations, student issues, real estate, construction, environmental compliance and risk management, taxation, and technology. In addition, we are well equipped to handle litigation of all types, including employment, collections and defense of claims. The firm has also acted as counsel to the Connecticut Association of Independent Schools and has provided legal services on a wide variety of legal topics to the Association and its members.
As a result of our diverse and deep experience, we have developed a sophisticated base of knowledge about legal issues that are particularly relevant to such institutions. Our attorneys understand that many of these issues are often interrelated and require lawyers to have excellent peripheral vision.
Governance
Critical to the operation of these institutions is the proper functioning of boards, bylaws, and conflict of interest policies. Our attorneys have a thorough knowledge of relevant laws, but also advise clients on best practices in these areas. We counsel clients and their boards on crisis management, including corporate communications, media relations, and student relations. We also have extensive experience assisting colleges and universities with structuring and documenting ombudsman programs.
Finance; Tax and Tax-Exemption; Investments
Our attorneys advise our college, university and independent school clients on all their finance matters including particularly tax-exempt financing through the State of Connecticut Health and Educational Facilities Authority. We assist with federal, state and local tax compliance and taxation issues involving charitable giving. We have comprehensive experience with the management and compliance of endowment funds and investments. One of our partners served as the Chairman of the Uniform Law Commission that drafted the Uniform Prudent Management of Institutional Funds Act (UPMIFA) and conducts a national practice on UPMIFA compliance. As such, the firm’s depth in this area is unique. For our independent school clients in particular, we assist with issues such as summer sport camps, scholarship and tuition remission programs, tax-exempt status, unrelated business taxable income, employee housing, classifying workers as independent contractors, Head of School compensation, minimizing sales and use tax exposure, trustee or director governance issues, adopting conflict of interest policies and other IRS-favored policies, and qualifying for real and personal property tax exemptions.
Real Estate; Environmental; Construction
Attorneys with a wealth of knowledge and experience advise clients on a variety of real estate matters including the acquisition, development and management of property; planning and zoning; conveyancing; leasing; environmental compliance and risk management.
Labor and Employment; Employee Benefits
Educational institutions face many issues that require experienced labor and employment counsel. Our attorneys possess in-depth knowledge of applicable laws and regulations as well as the special circumstances that are encountered by our institutional clients. We advise on a full range of employment matters, including employment policies, employee handbooks, classification of employees, employment agreements, disability law compliance, disciplinary procedures, and layoffs and terminations.
Our attorneys provide guidance on additional faculty-related matters, such as disciplinary procedures and promotion and tenure decisions. Our institutional clients also benefit from our extensive experience with immigration law in staff hiring and retention, including the handling of visa applications. The firm represents clients in all areas of labor relations, including union avoidance, contract negotiation and administration. We have extensive experience in handling all employment matters from administrative proceedings to litigation in state and federal court.
We have a large and well-established pension and employee benefits practice that counsels our not-for-profit and higher education clientele with respect to their pension and benefit issues, as well as executive compensation and similar matters.
Faculty/Student Issues
Because our college, university and independent school clients carry the important responsibility of handling issues specific to faculty and students, our attorneys are well-versed in areas such as faculty-student relations, student conduct, student health issues, confidentiality issues, student handbooks, student disciplinary matters (including investigations and disciplinary hearings), procedures for prevention and management of sexual harassment and bullying, and mandated reporting. In addition, we counsel clients on compliance with Title IX, the Family Educational Rights and Privacy Act (FERPA), and disability laws as they apply to students.
Intellectual Property
Our intellectual property attorneys advise clients on sophisticated issues such as patents, trademarks, licensing and registration, copyright infringement, and data privacy counseling. They counsel college and university clients in the areas of software contract negotiation, research and consulting agreements, faculty inventions, non-compete agreements and non-disclosure issues. They counsel independent schools in the areas of software contract negotiation, consulting agreements, internet, e-mail and social media issues, and website development.
Distance Learning
Many colleges and universities have created, or are planning to create, distance learning programs. Attorneys across multiple practices advise clients on a host of legal issues that need to be addressed specific to these programs, such as: compliance with copyright laws for materials used on a distance learning site; requirements and benefits of the TEACH Act; scope of the Fair Use Doctrine and the negotiation of licensing agreements; employment status and compensation structure for individuals who may prepare class materials; student privacy issues; accommodations for students with disabilities; and issues related to providing distance learning opportunities from outside sources.
