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Higher Education

Montgomery McCracken has earned a reputation for broad experience in representing institutions of higher learning.


Our practice 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 lawyers 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:

Faculty, Student, and Administrative Matters

  • Disciplinary procedures and investigations
  • Alcohol and substance abuse policies
  • Campus safety and security
  • International study
  • Social media
  • Internal investigations

Compliance

  • 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

Employment and Labor

  • Discrimination and harassment
  • OSHA
  • Downsizing and other termination

Corporate, Tax, and Nonprofit

  • Governance
  • Unrelated business income tax
  • Excess benefits
  • Form 990 reporting
  • Bond offerings and financing
  • Loan and scholarship policies
  • Charitable contribution planning
  • Investment and endowment policies

Intellectual Property and Information Technology

  • Branding, trademark, patent and copyright
  • IP and cyber law disputes and litigation
  • Data privacy and cybersecurity
  • Faculty rights

Construction, Land Use, Zoning, and Real Estate

  • 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

Enterprise Risk Management Assessment

We offer Enterprise Risk Management Assessment conducted according to the Committee of Sponsoring Organizations of the Treadway Commission (COSO) standards.

Educational Programming

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.

Sports Injury

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.