Snell & Wilmer L.L.P.

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Education

Client and Industry Challenges

Educational institutions and providers regularly confront industry-specific legal and business issues that range from day-to-day personnel and operating concerns to complex regulation and litigation matters. In most cases, educational institutions also have unique procedures, policies and cultural influences that affect their response to these challenges.

Snell & Wilmer’s education group is well-versed in the nuanced and rapidly changing legal issues faced by educational institutions. Our team of attorneys has extensive experience in the education sector, and includes former in-house university counsel and tenured faculty members. We work closely with our education clients to provide personalized legal services that meet and exceed their needs and goals.

Areas of Service

Our services include handling transactional and litigation matters in the areas of:

  • Regulatory compliance
  • Governance and administration
  • Accreditation
  • Financial aid
  • Civil rights, discrimination and Equal Access
  • Donor issues
  • Disability issues
  • Taxation
  • Data privacy and security
  • Student affairs
  • Faculty rights
  • Labor relations
  • Wage and hour claims
  • Discipline and due process
  • Intellectual property
  • Board of Education consultation
  • Special education

Our attorneys assist our education clients with risk management policies and administrative, operational and academic procedures. Our team has represented educational institutions in regulatory proceedings and hearings, negotiations, mediations, arbitrations and litigation before state and federal courts and administrative agencies.

Clients We Serve

Our education group serves a wide range of educational clients, including public and private universities, for-profit colleges and high schools, medical and professional schools, K-12 private and charter schools, and several non-profit education oriented foundations.

Why Clients Select Us

High-Quality, Comprehensive Service: Our education clients benefit from having access to Snell & Wilmer's full range of legal services, such as corporate planning and formation; real estate acquisition; zoning and construction; public and private financing; intellectual property and technology; employee benefits; class action litigation; immigration and employment law matters. Our tax team has significant experience in representing organizations in the unique areas surrounding non-profit and for-profit reorganizations and structuring of transactions. Because many of our clients have multi-state projects or interests, we have experienced education attorneys practicing in our Arizona, California, Nevada, Colorado and Utah offices.

Emphasis on Relationships: Our education group thrives on developing and maintaining long and successful relationships with our education clients and their administrators, staff, faculty, counsel and consultants. We will work hard to build and maintain these relationships by establishing our clients’ trust through our responsiveness, thoroughness and dedication to achieving the best possible results for their companies and organizations.

Experience

Snell & Wilmer's education team has a proven track record assisting clients with educational institution planning and development, taxation, administration, risk management, dispute resolution, litigation and regulatory compliance and enforcement.

Specific examples of our education industry experience and services include:

Student and Faculty Affairs

  • Counseled a public university on issues involving the right to prevent fire arms on campus
  • Represented a for-profit university in state court litigation involving readmittance and absence issues
  • Served local counsel involving a labor dispute filed against a for-profit professional school
  • Represented a for-profit university state court litigation involving testing procedures
  • Advised a for-profit professional school on its obligations involving student restraining orders
  • Responded to garnishment actions filed against an educational institution’s employees
  • Continuously counsel and advise a for-profit college on student and faculty issues as they arise
  • Responded to requests/subpoenas for documents under FERPA

Data Privacy and Security

  • Represented large public university in significant data breach matter
  • Counseled a large public university regarding several technology-related litigation matters

Class Action Litigation

  • Handled multiple consolidated class action lawsuits against a for-profit university involving wage and hour claims with several thousand class members
  • Settled wage and hour class action for an educational institution which involves arbitration agreements signed by approximately half of the class. Client then pursued, with our assistance, individual settlements to further reduce exposure to future class actions
  • Served as local counsel an early, large and very influential qui tam case for a major for-profit education client that involved incentive compensation issues
  • Obtained dismissal following a motion for judgment on the pleadings in class action involving mileage expense reimbursement claims
  • Defeated class certification effort in a case involving enrollment counselors alleging multiple violations of wage and hour statutes and orders, including misclassification of exempt status

Intellectual Property

  • Represented numerous charter schools for all intellectual property needs
  • Represented numerous for-profit entities that license curricula to charter schools and public schools
  • Represented charter schools and other educational institutions with respect to ownership of intellectual property with their employees and independent contractors; specifically, representing charter schools and educational institutions in disputes with independent contractors related to the ownership of curricula and intellectual property, and preparing agreements to ensure that charter schools and educational institutions own all curricula and intellectual property created from the outset by independent contractors and employees
  • Identified patentable subject matter for various software systems designed for and successfully implemented in the education industry
  • Prepared and prosecuted various patent applications directed at educational software.
  • Rendered non-infringement opinions for educational software patents
  • Advised educational institutions on how to avoid claims of patent infringement and design alternatives
  • Prepared and negotiated license agreements on behalf of licensors whom own curriculum to their respective licensee schools
  • Reviewed and negotiated license agreement for charter schools and educational institutions who are licensing curricula from third parties
  • Prepared and negotiated license agreements related to third party curriculum providers whom license curricula including textbooks, software programs, and other educational materials to schools or other educational institutions and EMOs
  • Negotiated vendor contracts and service agreements on behalf of charter schools and other educational institutions
  • Managed domestic and international trademark portfolios on behalf of educational institutions
  • Represented charter schools and educational institutions in various intellectual property infringement actions, including Oppositions at the U.S. Trademark Trial and Appeal Board and various foreign trademark offices, including the Canadian Intellectual Property Office and the OHIM in Europe
  • Assisted with the negotiation of naming rights for sporting venues on behalf of educational institutions

Accreditation

  • Assisted with several accreditation matters involving a for-profit college’s doctoral program at several campuses
  • Assisted a for-profit college in the preparation of responses to comments from site visits and/or notice of intent to place a program on probationary status.
  • Served as counsel to a private non-profit business school on accreditation matters

Labor and Employment

  • Represented a large public university in numerous disputes over employment issues, health insurance reimbursement, theft of intellectual property and the use of animals in research
  • Represented a for-profit professional school in a federal court case involving federal aid administration claims
  • Assisted a large for-profit university systems with the design and implementation of an alternative dispute resolution policy and set of procedures that we believe will greatly reduce the number of employment-related lawsuits faced by the company
  • Prepared immigrant visas for outstanding professors and research professionals for several educational institutions

Employee Benefits

  • Counseled a large public university on a broad range of employee benefits issues
  • Counseled a large for-profit university on employee benefits, executive compensation and reduction in force matters

Real Estate

  • Represented an education provider in developing a multi-phase mixed-use project that included office and retail space, a parking structure and multifamily housing
  • Represented a university in connection with the sale and lease of property for a mixed-use project
  • Represented a university in the acquisition of a large plant used to perform research
  • Represented a developer in the acquisition and initial planning of a technology park and start-up incubator by means of a joint venture with the U.S. government and a state university
  • Represented an education-related developer in property assemblage for wet lab and biomedical research space
  • Represented a hospital in connection with the development of two campuses, including the acquisition and sale of unimproved and improved real property, ground leases for development of medical office buildings and review and negotiation of construction contracts

Tax

  • Assisted a for-profit law school with voluntary disclosure process involving sales tax issues

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Peer Reviews

4.8/5.0 (720 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.8/5.0
  • Judgment

    4.8/5.0
  • Communication

    4.8/5.0
  • Legal Experience

    4.8/5.0
  • 5.0/5.0 Review for Mr. Robert Feinberg by a Judge on 05/03/13 in Civil Litigation

    Mr. Feinberg was in the public sector when he joined my firm in the early to mid 1990s. I was very impressed with him then and, when I left private practice to take the bench, I know that he continued to have an excellent reputation working at his pr... Read more

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  • 5.0/5.0 Review for Nathan Davis by a Managing Partner on 04/15/13 in Civil Litigation

    This is one of the best and most honest lawyers I have opposed in many years. He has talent beyond his years.

Peer reviews submitted prior to 2008 are not displayed.

Client Reviews Write a Review

Diversity

Snell & Wilmer has a deep and longstanding commitment to developing, maintaining and fostering an inclusive and accepting environment rich in diversity. By hiring and retaining a diverse group of attorneys whose collective talents and creativity are drawn from a broad cross-section of backgrounds and outlooks, we enhance our ability to offer superior legal services to our clients.

To boost our efforts, Snell & Wilmer’s Attorney Development, Hiring, and Diversity Committees will ensure that the firm continues to value and promote diversity through focused hiring, development and community efforts.

Commitment to Students

Snell & Wilmer believes that its efforts to reach out to students at every level will increase diversity within the legal profession. Snell & Wilmer is committed to fostering relationships with students.

In our Phoenix, Tucson, Las Vegas, Salt Lake City, and Denver offices, Snell & Wilmer hires diverse law students as interns in connection with the firm’s support of area law schools’ diversity legal writing programs. Current diverse attorneys are involved with the selection of the students and in the administration of the program. The intern is assigned several written projects and receives feedback from assigning attorneys. The intern also is paired with mentors at the firm who coordinate social meetings with partners from various practice groups throughout the internship to assist in developing the intern’s understanding and exposure to various types of legal work. Interns also have opportunities to attend hearings, depositions, and meet clients.

For the past several years, Snell & Wilmer has led the efforts in Arizona for the American Bar Association Section of Litigation’s Judicial Internship Opportunity Program. This nationwide program enables diverse and economically-disadvantaged second-year law students to obtain a judicial internship during one summer. A large component of the program includes mentoring and administrative efforts to offer social activities throughout the summer. Snell & Wilmer attorneys participate in this program as mentors, as social programming coordinators, and as the lead contacts for questions from the Phoenix students.

As part of its focus on encouraging diverse students to pursue legal careers, Snell & Wilmer’s attorneys engage in multiple in-person activities with high school and elementary students. For example, Snell & Wilmer hosts high school students interested in a legal career and their families for a reception and tour of the firm. Additionally, attorneys attend career fairs at local high schools that have a major concentration of ethnically diverse students in an effort to encourage interest in a legal career. Snell & Wilmer also has partnered with a Phoenix elementary school to provide math and reading tutors and to invite the students for a day at the office.

Several attorneys also participate in the MentoRing program in association with the Hispanic National Bar Association and the Arizona State University Sandra Day O’Conner College of Law. The MentoRing program partners minority undergraduate and law students with practicing attorneys in an effort to provide multi-layered mentoring.

Snell & Wilmer’s Diversity Committee is working to establish and implement the Snell & Wilmer Pre-Law Program targeted at diverse undergraduate students. In 2009, the Diversity Committee implemented the LSAT Scholarship component of the Pre-Law Program and awarded three scholarships to diverse students to attend an LSAT preparation course of their choosing. The Diversity Committee looks forward to growing this program in 2010.

Commitment to Community

As a corporate member of the Diversity Leadership Alliance ("DLA"), Snell & Wilmer participates in promoting and furthering diversity in the work place by exchanging ideas regarding diversity initiatives with other businesses. Membership in DLA allows Snell & Wilmer to participate in monthly seminars focused on diversity topics.

Snell & Wilmer is also a signatory to the Colorado Pledge to Diversity. In 1993, as a result of the collaborative efforts of twenty-three Denver law firms, a plan was launched to significantly increase the number of racially and ethnically diverse attorneys recruited, hired and promoted by law firms in Colorado. These law firms signed a Pledge to Racial and Ethnic Diversity in Colorado Law Firms and meet regularly to determine the means in which to achieve the goals set forth in the pledge. Some programs and activities have been: (1) hiring a first-year diverse law student as a summer intern; (2) co-sponsorship of annual Diversity in the Work Place Reception; (3) award of four book scholarships to local diverse law students; and (4) sponsorship of the annual Rocky Mountain Minority Legal Career Fair.

Snell & Wilmer attorneys personally involve themselves with organizations dedicated to diversity, including Women Lawyers groups, Minority Bar Associations, and Human Rights groups dedicated to the LGBT community. Additionally, attorneys are actively involved with area volunteer lawyer groups and organizations that address legal issues affecting minorities and under-represented groups, including the Judicial Council Task Force on Racial and Ethnic Fairness in the Criminal and Juvenile System.

Commitment to Professional Development

All associate attorneys are provided with a Coach (mentor) to guide them through all stages of their associate careers - from first-year challenges to partnership consideration. Coaches are provided materials designed to support them in their role. Coaches are expected to check-in with associates on a regular basis and engage in discussions with the associate concerning firm culture and the practice of law. Coaches also are responsible for fostering connections with other partners throughout the firm and various practice groups. The firm encourages informal mentoring among its attorneys and promotes various social events, both firm-wide and practice group-specific, to develop and strengthen interpersonal relationships and relationships with families. Additionally, the Attorney Development Manager checks-in with attorneys to assess the firm’s efforts of inclusion and whether changes to the mentoring relationship are necessary.

Named for Snell & Wilmer’s first woman partner, the Mary Leader Women in Leadership Program aims to promote women inside and outside of the firm through events in each of our offices. Examples of past events include afternoon lunches, a spa day, networking events with clients, golf clinics, and an annual holiday party.

Commitment to Family

Snell & Wilmer is committed to providing our attorneys with a meaningful opportunity to balance professional and personal demands. The firm offers 12 weeks of paid maternity and paternity leave to attorneys for the birth or adoption of a child. The firm recognizes that, at times, attorneys may have family obligations or personal needs that may merit either adjusting or reducing their work schedules. As a result, the firm considers alternative work arrangements on a case-by-case basis. The consideration of proposals will take into account the needs of the attorney, the practice group, the firm, and our clients.

Domestic Partner Benefits are provided to same-sex couples of both attorneys and staff.

Additional Information

For additional information about Snell & Wilmer’s diversity programs, initiatives and efforts, please contact the Chairperson of Snell & Wilmer’s Diversity Committee, Monica Limón-Wynn.

 

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