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.

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

By Dan WalworthRolando SanchezFrederick BallGeoffrey 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.

Read more on the Duane Morris Life Sciences Law Blog.

Webinar: Post-Election Analysis: Federal Regulatory and Legislative Impacts on College and University Operations

Duane Morris will present the next entry in its webinar series, Boot Camp for Education Legal Leadership: Higher Education at the Political and Legal Crossroads: Protecting Your Institution’s Mission During a Time of Uncertainty, Post-Election Analysis – Federal Regulatory and Legislative Impacts on College and University Operations, to be held on Tuesday, November 12, 2024, at 2:00 p.m. Eastern | 11:00 a.m. Pacific.

REGISTER FOR THE WEBINAR

Continue reading “Webinar: Post-Election Analysis: Federal Regulatory and Legislative Impacts on College and University Operations”

Webinar: Investigations and College Operations – Best Practices for Internal Investigations and Responding to Government Investigations and Inquiries

Duane Morris will present the next entry in its webinar series, Boot Camp for Education Legal Leadership: Higher Education at the Political and Legal Crossroads: Protecting Your Institution’s Mission During a Time of Uncertainty, Investigations and College Operations – Best Practices for Internal Investigations and Responding to Government Investigations and Inquiries, to be held on Tuesday, October 15, 2024, at 2:00 p.m. Eastern | 11:00 a.m. Pacific.

REGISTER FOR THE WEBINAR

Continue reading “Webinar: Investigations and College Operations – Best Practices for Internal Investigations and Responding to Government Investigations and Inquiries”

Webinar Replay: The Supreme Court and Higher Education – Impacts of the Court’s Recent Decisions on College Operations

A webinar replay of The Supreme Court and Higher Education – Impacts of the Court’s Recent Decisions on College Operation is available for viewing.

Webinar: The Supreme Court and Higher Education – Impacts of the Court’s Recent Decisions on College Operations

Duane Morris will present the next entry in its webinar series, Boot Camp for Education Legal Leadership: Higher Education at the Political and Legal Crossroads: Protecting Your Institution’s Mission During a Time of Uncertainty, The Supreme Court and Higher Education – Impacts of the Court’s Recent Decisions on College Operations, to be held on Tuesday, September 10, 2024, at 2:00 p.m. Eastern | 11:00 a.m. Pacific.

FOR MORE INFORMATION AND TO REGISTER FOR THE WEBINAR

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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