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Legal and Regulatory Issues

Maximizing Lease Protections in Case of a Future School Closure

By Julie S. Mebane, Partner in Duane Morris LLP’s Real Estate Practice Group
The best way for a school tenant to protect itself against dire consequences following a school closure is to negotiate and include in its lease particular protections that will afford options and flexibility for dealing with a closure. This article describes some of the provisions that are recommended for consideration at the lease negotiation and documentation stage.

The Changing Landscape of the 90/10 Rule

Navigating Relationship Risks: An Overview of Policy Approaches to Governing Consensual Employee-Student Relationships in the University

By Hayley Hanson, Katie Jo Luningham, Husch Blackwell LLP
In the past, colleges and universities have been hesitant to enact policies policing romantic and/or sexual relationships, but now many schools are taking action to implement employee-student relationship policies. This articles looks at four possible policy approaches.

The Changing Landscape of the 90/10 Rule

Planning for the Unthinkable: Private Sector Institutions are Uniquely Vulnerable to Active Shooter Incidents on Campus

By Peter S. Leyton, Esq., and Stephen T. Chema II, Esq., Ritzert & Leyton, PC
In 2015, there were 330 verified mass shooting incidents in the United States.1 In a study examining the problem of active shooter incidents, the FBI defined “active shooter incidents” as incidents involving “an individual actively engaged in killing or attempting to kill people in a confined and populated area.”

The Changing Landscape of the 90/10 Rule

CFPB Rules Proposal may Drastically Impact School Arbitration Agreements

By Bill Ojile, Partner, and Henry Baskerville, Of Counsel, Armstrong Teasdale, LLP
On October 7, 2015, the Consumer Financial Protection Bureau (CFPB) announced its intent to launch a rulemaking process that would prohibit companies from using arbitration clauses that preclude consumers from filing class action lawsuits.

The Changing Landscape of the 90/10 Rule

Recent Trends: Limiting Liability for Career Colleges Under the Federal False Claims Act

By Martin M. Loring, Partner, Husch Blackwell LLP
One signature. It is the final act taken by educational institutions to gain access to federal student loans and grants for thousands of students. That one signature, however, may simultaneously expose recipient institutions to allegations of hundreds of millions of dollars in liability.

The Changing Landscape of the 90/10 Rule

Incentive Compensation: Who is Subject to the Ban? Who is Not?

By Robert B. Walker Jr., Senior Associate, Ritzert & Leyton, PC
Disclaimer: The contents of this article do not constitute legal or regulatory advice or counsel. Neither do they establish an attorney-client relationship of any sort. No person or entity should act, or refrain from acting, on the basis of the information discussed herein without seeking individualized, professional counsel as appropriate.

The Changing Landscape of the 90/10 Rule