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. NCAAOliver 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.

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.

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.

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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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