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.
Title IX Regulations Release Pushed Back: Advice for Proactivity as Schools Face Further Delay
By: Ashley Lynam, Co-Chair and Tara Hessenthaler, J.D. Candidate With a new academic year underway, colleges and universities across the country are faced with the Department of Education’s latest hurdle: further postponed […]
Department of Education & Supreme Court Weigh in on Transgender Athletes in School Sports
On April 6, 2023, the United States Supreme Court rejected West Virginia’s request to enforce, pending appeal, the state’s newly issued law prohibiting transgender student athletes from competing in public […]
DOE Releases the Highly Anticipated Proposed Title IX Regulations
Join us this Thursday, June 30, 2022 as our Title IX experts, Ashley Lynam and Kacie Kergides, discuss the details and potential implications of the proposed changes to Title IX […]
Third Circuit Expands Liability for Colleges & Universities in Title IX Decision
A series of procedural missteps and policy failures led to the tragic murder of a college student on the campus of Millersville University in 2015. Almost seven years later, the […]