Education INDUSTRIES

WilmerHale helps educational institutions solve their most complex, high-stakes problems.


Colleges and universities have never been as prominent, or as vulnerable, as they are today. As their influence spreads, so does the scrutiny they receive. Educational institutions have unique missions, unique management and governance systems, and a unique set of responsibilities. Lawyers helping colleges and universities solve their thorniest problems must understand what they stand for and how they work. WilmerHale does.

We guide colleges and universities through government investigations, congressional inquiries, and public scrutiny. We represent our education clients in high-profile litigation, help them defend their intellectual property, and handle their major transactions. And we assist schools confronting difficult and contentious policy issues.

WilmerHale knows the unique issues and mounting pressures facing educational institutions. We have worked with education clients in a wide range of areas, including: accreditation, affirmative action, antitrust, art and antiquities, campus security, cybersecurity, employee misconduct, endowment management, federal grants and contracts. We also assist in the areas of: financial aid, free speech, export controls, gender-based and sexual misconduct, healthcare, and immigration, as well as IP litigation, joint ventures, licensing, mergers and acquisitions, patent commercialization, patent prosecution, privacy, public-private partnerships, religious liberty, research guidelines, student-athlete issues, technology transfer and testing.

Contacts

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Gorelick, Jamie

Jamie Gorelick

Chair, Defense, National Security and Government Contracts Practice Group

Co-Chair, Strategic Response Group

+1 202 663 6500 (t)

jamie.gorelick@wilmerhale.com

Berman, Bruce M.

Bruce M. Berman

General Counsel

+1 202 663 6173 (t)

bruce.berman@wilmerhale.com

Berman, Bruce M.

Bruce M. Berman

Partner

+1 202 663 6173 (t)

bruce.berman@wilmerhale.com

Bowker, David W.

David W. Bowker

Partner

+1 202 663 6558 (t)

david.bowker@wilmerhale.com

Brown, Reginald J.

Reginald J. Brown

Partner

+1 202 663 6430 (t)

reginald.brown@wilmerhale.com

Cohn, Andrew H.

Andrew H. Cohn

Partner

+1 617 526 6218 (t)

andrew.cohn@wilmerhale.com

Curtis, Douglas

Douglas Curtis

Partner

+1 212 230 8802 (t)

douglas.curtis@wilmerhale.com

Fleming, Mark C.

Mark C. Fleming

Partner

+1 617 526 6909 (t)

mark.fleming@wilmerhale.com

Gorelick, Jamie

Jamie Gorelick

Partner

+1 202 663 6500 (t)

jamie.gorelick@wilmerhale.com

Hurewitz, Barry J.

Barry J. Hurewitz

Partner

+1 202 663 6089 (t)

barry.hurewitz@wilmerhale.com

Issue Focus: Sexual Violence

WilmerHale is assisting some of the nation's top universities in their response to campus sexual violence, including schools identified by the Department of Education earlier this year. Our work covers the full breadth of this challenging issue. We counsel clients on compliance with Title IX, the Clery Act, and the Campus SaVE Act, as well as guidance from the Department of Education and the White House Task Force to Protect Students from Sexual Assault. We draft gender-based and sexual misconduct policies and procedures for resolving complaints and sanctioning responsible parties. We counsel clients on crisis response and help formulate internal and external communication strategies. We conduct internal reviews of university responses to specific incidents, and we recommend policy and practice changes when appropriate. We also represent clients facing Department of Education investigations, congressional oversight, law enforcement subpoenas, and lawsuits by alleged victims and offenders.

Experience

Strategic Response, Investigations and Litigation

Legal challenges confronting colleges and universities can quickly escalate into multidisciplinary matters with significant legal, financial and reputational consequences. We work with educational institutions to develop and execute strategies to defend or advance a position—whether responding to fast-moving events or working over the longer term to craft and implement legislative or regulatory solutions to complex problems.

We have represented numerous education clients in internal, regulatory and congressional investigations. These include investigations of universities' use of research funds, investigations of guaranteed student loan providers, and investigations of non-profit and for-profit college recruiting and student aid practices.

We have also handled a wide range of offensive and defensive litigation for colleges and universities. In doing so we are mindful that educational institutions have numerous internal and external constituencies—including students, faculty, staff, alumni, donors and parents—that have differing interests and perspectives. We also take into account that litigation involving educational institutions attracts out-sized public attention and often concerns difficult and divisive public policy issues.

Representative matters:

  • We conducted internal reviews for universities facing high-profile matters with legal and reputational risks.
  • We represented Duke University in litigation by former lacrosse players.
  • We have prevailed in sensitive litigation over claims to art and antiquities in university and museum collections, including a dispute over Persian antiquities.
  • We represented a coalition of national universities accused by the Department of Justice of violating antitrust laws in providing scholarships.
  • We represented the University of Michigan before the United States Supreme Court in Gratz v. Bollinger and Grutter v. Bollinger, which addressed the ability of higher education institutions to consider racial and cultural background in admissions.

Intellectual Property

Intellectual property can be among an academic institution's most vital assets. To manage this important commodity, colleges and universities need an experienced and trusted partner. WilmerHale has one of the largest and most experienced intellectual property departments in the country. Our intellectual property lawyers assist schools with strategic planning, identify inventions for which patents should be sought and advise on what claims to make and how best to make them. WilmerHale's Intellectual Property Litigation Practice has been recognized by The American Lawyer as the finest in the country.

Representative matters:

  • We have prosecuted patents for universities, including Boston University, Brown University, Columbia University, Harvard University, Michigan State University, Rutgers University, University of Chicago, and University of Pittsburgh, and for medical facilities such as the Dana Farber Cancer Institute.
  • We advised Columbia University on the development of a strategic plan for the commercialization of a collection of patents. We analyzed and classified the technologies for marketing purposes, researched potential markets, identified possible licensees and delivered a comprehensive strategy far beyond the capability of most university technology transfer offices.
  • We help manage university patent portfolios, provide patentability assessments and identify advantageous licensing opportunities.
  • On behalf of a major university and its licensee, we prevailed in a patent interference proceeding concerning an active agent in a drug for the treatment of septic shock. The decision was upheld in an appeal before the Court of Appeals for the Federal Circuit.

Regulatory and Legislative

We are well-versed in the many regulatory obligations imposed on higher education institutions and for-profit education companies, and regularly provide advice on the areas of most pressing and consistent concern. We also represent numerous universities and educational companies before Congress, assuring that their interests are taken into account in legislation.

Representative matters:

  • We advise universities and commercial organizations on compliance with federal education laws.
  • We provide guidance to clients on the use of federal grant, cooperative agreement or contract funds.
  • We advise clients on the regulatory constraints surrounding research and product development in biotech, medical and other spheres, and on the increasingly regulated domain of data privacy.
  • University clients looking to export their technology turn to WilmerHale for advice on export controls pertaining to the transfer of technical data to overseas parties and the employment of foreign nationals—such as graduate students—in research conducted in the United States.
  • We helped ensure that federal stimulus funds would be directed to school systems that need to acquire certain instructional materials.

Transactional (Corporate and Licensing)

Universities and other education clients rely on us for a host of transactional work, including mergers and acquisitions, joint ventures, research collaboratives, technology transfers, and licensing. We understand the special challenges education clients face and the rules to which they may be subject when contemplating and executing transactions.

Representative matters:

  • We provide legal advice to university investment offices concerning their investments in various vehicles.
  • We represent the New York Genome Center, a consortium of New York-based academic and medical institutions, in matters including entity formation, governance, and other corporate, tax, licensing, employment and regulatory matters.
  • We represented the Mexican National Institute for Astronomy, Optics and Electronics in a cross-border joint venture with the University of Massachusetts to construct a state-of-the-art large millimeter radio telescope observatory in Puebla, Mexico.
  • We advised on the formation and structuring of The SNP Consortium, a public-private consortium in which The Wellcome Trust, leading global pharmaceutical and IT companies, and several major research universities in the United States and Britain collaborated to develop a publicly released map of the human genome based on the discovery and classification of single-nucleotide polymorphisms.
  • We have represented major for-profit and non-profit organizations in acquiring education oriented companies, such as Educational Testing Service's acquisitions of Assessment Training Institute and Prometric.
  • We represented some of the largest research universities in the country in customizing technology transfer agreements with private enterprises to their needs and particular technology requirements.

Publications & News

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October 15, 2014

Restrictions Governing International Trade in Genetic Resources Enter Into Force

On October 12, 2014, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization entered into international force. The Protocol establishes a new legal framework to govern access to and utilization of genetic resources, including genetic material and any naturally occurring derivative compound.

April 25, 2014

WilmerHale Attorneys Recognized in Annual Washington DC Super Lawyers Listing

The annual edition of the Washington DC Super Lawyers magazine, published by The Washington Post Magazine, released its 2014 listing which includes 37 WilmerHale attorneys.

September 26, 2013

Restrictions Governing International Trade in Genetic Resources Move Closer to Adoption

The European Parliament has approved a new Regulation to implement the "Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization" (“Nagoya Protocol” or “Protocol”).

July 16, 2013

Environmental Groups Petition EPA to Regulate Stormwater Discharges

On July 10, 2013, a group of environmental organizations (including American Rivers, Conservation Law Foundation (CLF) and Natural Resources Defense Council) petitioned the US Environmental Protection Agency (EPA) to impose sweeping stormwater permit requirements on commercial, industrial and institutional sites in EPA Region 1 (New England), 3 (Mid-Atlantic) and 9 (Pacific Southwest).

December 27, 2012

New FTC Rules Tighten Regulation Under the Children's Online Privacy Protection Act

October 18, 2012

Affordable Care Act Litigation: The Next Round

March 7, 2012

FCC Ruling Secures $7M in Funding for Oakland Unified School District

August 9, 2010

Don’t Gamble ESEA on Teacher Performance

An article by Jay Urwitz, appearing in Education Week, Vol. 29, Issue 37, Pages 32-34.

February 5, 2008

WilmerHale Reflects on a Successful 2007

A Year of Significant Accomplishments

July 16, 2007

International Arbitration Scholar-in-Residence Program

Indications of Interest Invited