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|A Mundane Lesson from an Important Decision, or, the Importance of Presenting Evidence|
Bryan E. Mouber; Baker Sterchi Cowden & Rice, L.L.C.;
April 1, 2014, previously published on March 20, 2014While many Kansans eagerly awaited the Kansas Supreme Court main decision on the constitutionality of school finance, the court also issued a holding reminding counsel that plaintiffs must prove standing, and defendants may raise this jurisdictional issue at any time.
|NLRB Regional Director Rules Northwestern University Football Players Have the Right to Unionize|
R. Joseph Stennis; Wyatt, Tarrant & Combs, LLP;
March 31, 2014, previously published on March 27, 2014Yesterday afternoon the Director of the NLRB’s regional office located in Chicago, Illinois ruled in a landmark decision that Northwestern University football players presently on scholarship at the school are an “employee” as that term is defined under the National Labor...
|Non-Courtside Madness? Resume Fraud Costs Manhattan Coach Steve Masiello From Securing South Florida Coaching Job|
Jennifer B. Rubin; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 31, 2014, previously published on March 27, 2014Our attention on the NCAA college basketball tournament was temporarily diverted by the non-courtside drama that played out this week when the University of South Florida revoked its head coaching offer to Steve Masiello after it learned that he lied about his educational credentials.
|Contracts Must Be Clear When Adding Percentage-Based Collection Fees to Delinquent Student Accounts|
Sharon Pietras; Weltman, Weinberg & Reis Co., L.P.A.;
March 31, 2014, previously published on March 27, 2014Each school has an obligation to honor the terms set forth in their enrollment contracts with students, particularly when it comes to adding collection fees to delinquent accounts. Although the school, as an original creditor, may not be subject to the Fair Debt Collection Practices Act (FDCPA),...
|Bracketology 101: Part 2 - Survive and Advance: NLRB Says Northwestern Football Players Can Unionize|
Tyrone P. Thomas; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 31, 2014, previously published on March 27, 2014Last week, we placed the union recognition effort of Northwestern University’s football players as the No. 1 seed in the Midwest Region in our blog entry of issues that may change the face of the Final Four. That issue has now certainly cemented its No. 1 status. In a decision with...
|Is Your Tuition Receivable Discharged in Your Debtor's Bankruptcy?|
Joseph M. McCandlish; Weltman, Weinberg & Reis Co., L.P.A.;
March 31, 2014, previously published on March 27, 2014This is not always a simple answer. The answer to whether or not your tuition receivable is discharged in your debtor's bankruptcy may depend on two issues: (1) the factual scenario the student became liable for the tuition debt; and (2) the court jurisdiction where the student filed bankruptcy.
|Sometimes Your Mistakes Are Not Held Against You|
Jason K. Wright; Weltman, Weinberg & Reis Co., L.P.A.;
March 31, 2014, previously published on March 27, 2014One of my favorite sayings is "I have never seen anyone punished for doing the right thing." I have had many opportunities to share this advice with others, and it's true. The people who will judge your conduct later will ultimately measure you against their own set of beliefs regarding...
|Florida Surplus Lines Service Office To Review New Agent/Agency Continuing Education Requirements in March 27 Webinar|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
March 28, 2014, previously published on March 25, 2014The Florida Surplus Lines Service Office ("FSLSO") has advised that registration is now open for its March 27, 2014 "Member's Forum," which will feature a review of new continuing education requirements for Florida surplus lines agent and agency licensees.
|Department of Education Issues Proposed Rule Regulating the Funding of Career Colleges|
Peter L. Cockrell, Brett M. Kitt, Gil Rudolph; Greenberg Traurig, LLP;
March 27, 2014, previously published on March 20, 2014On March 14th, the Department of Education (DOE) issued a notice of proposed rulemaking (the “Proposed Rule”), which would establish measures for determining whether certain postsecondary educational programs prepare students for gainful employment in a recognized occupation (“GE...
|Update on Recent Education Legislation Small Business Procurement and Contract Act For Postsecondary Institutions, Employment Contracts for Local Agency Executives, Sex Offenders on School Grounds, and Graduation Requirements for Pupils in Foster Care|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
March 18, 2014, previously published on March 13, 2014Pursuant to the Small Business and Procurement Act, a state agency may award a contract with a value between $5,000 and $250,000 for goods, services, or information technology to a certified small business including a disabled veteran business enterprise and a microbusiness, without complying with...