Montgomery McCracken’s Higher Education Industry Group has earned a reputation for broad experience in representing institutions of higher learning.
Our group includes attorneys from many different practice areas who have represented large and small public and private schools and other public and private entities. With decades of collective experience, our attorneys understand the issues higher education institutions face at every level up to the General Counsel, President, and Board.
In addition to the usual array of litigation services, we are regularly engaged for day-to-day counseling and compliance activities, including training and policy development. When lawsuits do arise, we are poised to handle all types of litigation in federal and state courts and before governmental agencies.
We regularly counsel institutions on issues including:
- Disciplinary procedures and investigations
- Alcohol and substance abuse policies
- Campus safety and security
- International study
- Social media
- Internal investigations
- Clery, FERPA, HIPAA, Title IV, VII IX, and PaDOE
- DOE / OCR investigations
- Athletics concussion protocol analysis, consultation and litigation
- Export control
- Research funding and grant compliance
- Disabilities issues
- Charitable solicitation registration
- Policy preparation
- Compliance guidance
- Advising and adjudication
- Discrimination and harassment
- Downsizing and other termination
- Unrelated business income tax
- Excess benefits
- Form 990 reporting
- Bond offerings and financing
- Loan and scholarship policies
- Charitable contribution planning
- Investment and endowment policies
- Branding, trademark, patent and copyright
- IP and cyber law disputes and litigation
- Data privacy and cybersecurity
- Faculty rights
- Reciprocal maintenance, campus operation, and access agreements
- Zoning and land use compliance
- Lease, license, and sale transactions
- Construction and campus expansion
- Challenges to sales and real estate tax exemptions
We offer Enterprise Risk Management Assessment conducted according to the Committee of Sponsoring Organizations of the Treadway Commission (COSO) standards.
We provide a variety of educational programs for higher education clients. Our Higher Education forums have addressed hot topics such as helicopter parenting, alcohol and drugs, suicide on campus, lessons from the Freeh Report, risk management, and Title IX compliance.
We are active in the representation of schools facing claims arising from alleged premature return-to-play, Second Impact Syndrome, and other negligence theories. We advise on institutional liability issues for sport-related and other injuries and assist in developing institutional risk management assessments and programs.
Navigating the next wave of Title IX regulations
Since Title IX was enacted, the regulations surrounding it and how they are enforced have undergone a series of changes, often coinciding with changes in the presidential administration. We are […]
Student-athletes as employees? A potential game-changer for college athletics
November Author: Kristen E. Mericle Editors: Ashley R. Lynam and Kacie E. Kergides College sports are “overdue for change.” NCAA President Charlie Baker made the call for change in his […]
Montgomery McCracken Adds Associate Grace Wagner in Philadelphia Office
Montgomery McCracken is pleased to announce the addition of Grace Wagner to the firm’s Philadelphia office. Wagner has joined the Litigation Department as an associate and had previously worked at […]
Title IX Regulations Release Pushed Back: Advice for Proactivity as Schools Face Further Delay
…originally stated that May 2023 was the deadline for the revised regulations, but when that date came and went, a …originally stated that May 2023 was the deadline for the revised regulations, but when that date came and went, a new goal was set for October 2023. Unfortunately, a realistic…