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Legal and Regulatory Issues

Web Accessibility in Education Must Be a Higher Priority

By Jennifer Flood JD, President and CEO, National Compliance Group
As schools expand into the online space by way of courses, content for classes, and even enrollment, those web properties and related material must be accessible to those with disabilities. This article will discuss the legal background, penalties for non-compliance and what we can do moving forward.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Protecting Your School from Cybercrime and Inadvertant Data Breaches

By Michelle Hon Donivan, Partner, Duane Morris, LLP Data security breaches are practically a daily occurrence. Indeed, cybersecurity threats have become so prevalent that cyber security experts and U.S. Attorney General, Eric Holder, say that there are two types of companies in America, those that have been hacked and those that do not know they have been hacked.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Knowing Your Responsibility as a Plan Sponsor

By Robert J. Behr, CPA, Senior Manager, McClintock & Associates, PC
There are many responsibilities that a plan sponsor has in order to keep the school’s retirement plan in compliance with the Department of Labor’s rules and regulations. Not only does a plan sponsor need to be familiar with the plan document and manage third-party service providers, the plan sponsor must also communicate with payroll and human resources departments and perform internal recordkeeping and review.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Mergers and Acquisitions in Higher Education: Considering the Letter of Intent

By Emily Murphy, Aaron Lacey, and Katie Wendel, Thompson Coburn LLP
In recent years, there has been a significant uptick in merger and acquisition activity involving institutions of higher education, and many familiar with the sector expect this trend to continue. This article discusses mergers and acquisitions in the higher education space and focuses on preparing the letter of intent.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

Practical Strategies That Harden Your Admissions Process to Avoid Being a Soft Target

By Edward Cramp, Partner, Higher Education Practice Group, Duane Morris LLP
This article outlines some simple and effective strategies colleges can employ for protection. A smart, defensive approach to admissions will deter most baseless student claims and defeat the few that get made.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

How to Protect Title IV Schools From an Increasing Number of False Claims Act Lawsuits

Written from a presentation by Steven Gombos and Jacob Shorter, Gombos Leyton and Eric Bing, CEO, The College of Health Care Professions
The False Claims Act, a civil statute that allows both the government and private qui tam relators to bring allegations of fraud against individuals and entities who defraud the U.S. government, is one of the fastest-growing sectors of civil litigation. Learn how you can protect your college from these lawsuits and lessen the risk of FCA liability.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

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.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One

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.

Negotiated Rulemaking Committee on Affordability and Student Loans – Session One