Like any business or corporation, higher-education institutions have goals for maintaining a thriving, cost-effective and safe environment for their students, faculty, administration and employees. Confounding their efforts, however, are the frequently changing national, state and local laws and regulations that apply to higher education. When complications arise, Taft attorneys regularly advise and represent institutions of higher education on issues ranging from employment law to student relations to construction matters. We also advise higher-education foundations on critical legal matters related to investments and asset management.
With more than 25 years serving higher-education institutions, our attorneys understand academia. We advise and represent public and private colleges and universities on numerous issues related to faculty, employees and students including representation in complex federal litigation. We also have represented and advised large state universities on major construction projects, negotiating and drafting design, construction and equipment procurement contracts; providing representation in bid disputes, contractor claims and surety takeovers; assisting with statutory and regulatory compliance; and providing representation on mediation, arbitration and litigation of claims.
For higher-education foundations, the firm routinely reviews and advises state-supported universities on the legal issues involved in alternative investments (e.g., hedge funds, private equity funds, etc.) being acquired by the university. In addition to reviewing legal documents related to investments, our attorneys often draft and negotiate side letter agreements with counsel for the funds to address the specific legal needs of the university such as the inability to indemnify, sovereign immunity issues and other matters. We also prepare an advice letter for the involved university regarding our review of the investment documents and discussions with counsel for the fund.
Our attorneys are recognized nationally for their expertise in employment and construction law by respected peer-review organizations such as Super Lawyers® and Best Lawyers in America®. Our lead attorneys are also OSBA Board Certified as specialists in the practice of labor and employment law.
Taft College & University Law attorneys counsel and represent both public and private colleges, universities and foundations.
Employment and Student Issues:
- State and federal claims of discrimination, harassment and retaliation involving Title VII
- Labor and employment laws and regulations including Age Discrimination in Employment Act (ADEA), Equal Employment Opportunity (EEO), Americans with Disabilities Act (ADA), Family Medical Leave Act (FMLA), and Fair Labor Standards Act (FLSA), among others
- Faculty issues including tenure agreements
- Student issues including ADA and Title IX claims
- Constitutional claims including First Amendment
- Rights of state government employees
- §1983 actions
Construction:
- Negotiating and drafting design, construction, and equipment-procurement contracts
- Representation in and advice concerning bid disputes
- Prosecution and defense of design and construction defect claims
- Prosecution and defense of prompt-pay claims
- Representation on surety takeovers
- Assistance with statutory and regulatory compliance
- Analysis, preparation, presentation, and defense of design and construction claims
- Representation on mediation, arbitration and litigation of claims
Foundations and asset management:
- Review of legal documents related to investments
- Advice concerning alternative investments (e.g., hedge funds, private equity funds, etc.) acquisition
- Drafting and negotiating side letter agreements
- Addressing specific legal needs such as sovereign immunity issues and other matters
- Drafting advice letters regarding investment documents
In serving colleges and universities, we are acutely aware of the multi-faceted challenges – from financial risk to adverse public opinion -- each legal matter brings to those institutions. We know that legal issues within the higher-education realm require a highly disciplined and strategic approach. We draw upon the wealth of experience within the law firm’s many practice areas to assist higher-education institutions in every legal situation they entrust to us.
Our Services
Our attorneys counsel and represent colleges and universities on numerous diverse issues in the areas of employment, faculty and student issues, construction, asset management and litigation in federal and state courts, and before federal, state and local administrative agencies.
