UpdateED

July 31, 2025July 31, 2025 by Duane Morris

Duane Morris Education Team Recognized in The Legal 500

The Duane Morris Education Industry Group has been ranked in The Legal 500 US 2025 Guide. The publication writes: Duane Morris LLP’s education group has a varied client roster, including universities, vocational schools and higher education associations, accreditors and investors. Accreditation is a key concentration for the firm alongside its focus on student litigation, transactional matters and regulatory reviews. Leadership is split between five partners. In San Diego, co-lead Anthony Guida has experience in licensing and accreditation, focusing his practice on preK-12, postsecondary and edtech, while Edward Cramp has a broad practice covering accreditation as well as regulatory compliance, litigation and transactions. Katherine Brodie in Washington, D.C., handles Title IV and Title IX compliance, while Chicago-based litigator Lisa Scruggs and Philadelphia-based Daniel Walworth, who specializes in internal investigations and enforcement actions, round out the leadership.

June 26, 2025June 26, 2025 by Duane Morris

Navigating the Title IX Implications of the NCAA Settlement on NIL

On June 6, 2025, Judge Claudia Wilken of the United States District Court for the Northern District of California approved the settlement agreement in House v. NCAA, Oliver v. NCAA and Hubbard v. NCAA. As higher education institutions determine how to implement the terms of the agreement, all should be cognizant of potential Title IX implications. Read the full Alert on the Duane Morris website.

June 11, 2025June 11, 2025 by Duane Morris

Duane Morris Education Group Nationally Recognized by Chambers USA

Duane Morris LLP is pleased to announced that Chambers USA has nationally recognized its Education Industry Group and Anthony Guida Jr., partner and team lead of the group.

May 27, 2025 by Duane Morris

DOJ Announces Pursuing False Claims Act Violations Against Recipients of Federal Funds

On May 19, 2025, Deputy U.S. Attorney General Todd Blanche announced that the U.S. Department of Justice will use the False Claims Act (FCA) to enforce the administration’s policies concerning diversity, equity and inclusion (DEI) practices and antisemitism. The FCA is a powerful tool, and its invocation by the DOJ is a signal to federal-funding recipients that they will face increased scrutiny. The May 19 Blanche memo now broadly announces an intention to investigate and pursue alleged FCA violations broadly against all recipients of federal funds, but makes special mention of colleges and universities as a focus of the initiative. Read the full Alert on the Duane Morris website.

May 21, 2025May 21, 2025 by Duane Morris

Webinar Replay: Responding to Government Inquiries and Investigations for Educational Institutions

A replay of Responding to Government Inquiries and Investigations for Educational Institutions is now available for viewing.

May 7, 2025May 7, 2025 by Duane Morris

Webinar: Responding to Government Inquiries and Investigations for Educational Institutions

Duane Morris will present a webinar, Responding to Government Inquiries and Investigations for Educational Institutions, on Tuesday, May 20, 2025 | 12:30 p.m. to 1:30 p.m. Eastern.

March 18, 2025March 18, 2025 by Duane Morris

Best Practices When Responding to DOE Investigations

In recent days, the Department of Education has announced two sets of investigations stemming from the administration’s application of the U.S. Supreme Court’s 2023 decision in Students for Fair Admissions v. Harvard. The announced investigations are focused on institutional compliance within the context of the Supreme Court opinion and subsequent guidance from the Department of Education in the February 14, 2025, “Dear Colleague Letter.” Read the full Alert on the Duane Morris website.

March 14, 2025March 14, 2025 by Duane Morris

Webinar Replay: Anatomy of the False Claims Act for Educational Institutions

A replay of the Anatomy of the False Claims Act for Educational Institutions webinar is now available for viewing.

February 24, 2025February 24, 2025 by Duane Morris

TROs Remain for Universities and Academic Associations in NIH Rate Change Suits

By Dan Walworth, Rolando Sanchez, Frederick Ball, Geoffrey Goodale and Sara Smith

Since taking office, the Trump Administration has taken steps to reshape the United States’ federal funding infrastructure. One such action relates to the National Institutes of Health’s (“NIH”) rate change, imposing a 15% cap for indirect costs, for new grants and for existing grants awarded to institutions of higher education (“IHEs”). This rate change, which represents a drastic reduction from historical rates normally negotiated by grant recipients, will impact ongoing research programs and clinical trials, and will have a long-term impact on the United States’ research infrastructure and abilities.

On February 10, 2025, the day the rate change was intended to go into effect, three lawsuits were filed in the U.S. District Court for the District of Massachusetts challenging the rate change. The lawsuits were filed by a group of stakeholders, including twenty-two states, thirteen universities, three university associations and five associations. Also on February 10, 2025, a district court judge granted two temporary restraining orders (“TROs”), enjoining enforcement of the rate change within the 22 Plaintiff states, and enjoining enforcement nationwide with respect to institutions. On February 21, 2025, following a hearing on the Plaintiffs’ motions for injunctive relief, the district court ordered that the TROs entered on February 10, 2025 are extended and will remain in effect until further order of the Court.

February 10, 2025 by Jessica S. High

New CA Law May Require Schools to Register with the Department of Financial Protection and Innovation

In 2020, the California State Legislature passed the California Consumer Financial Protection Law (“CCFPL’) as AB 1864. This law provided the Department of Financial Protection and Innovation (“DFPI”) with authority to oversee several areas of the financial marketplace, including private postsecondary education financing.

DFPI recently finalized new regulations requiring providers of postsecondary education financing to register and submit data to DFPI. Providers subject to registration requirements must file an application by February 15, 2025.

The DFPI is requesting all postsecondary institutions to do one of the following:

• If you are a postsecondary institution that offers or provides education financing to California residents and required to register, please file an application for CCFPL registration by February 15, 2025, to continue operating legally in the state.

• If you are a postsecondary institution that offers or provides education financing to California residents through a partnership with a third-party, please alert any third party partners of this registration requirement and send an email to CCFPL. CCFPL.Inquiries@dfpi.ca.gov explaining why you do not intend to register.

• If you are a postsecondary institution that is not subject to this registration requirement, please send an email to CCFPL.Inquiries@dfpi.ca.gov explaining why you do not intend to register.

Under the CCFPL, no person shall engage in the business of offering or providing postsecondary education financing to California residents without first registering with the DFPI. Postsecondary institutions should contact counsel to determine if its educational financing (including providing institutional loans) triggers registration.