Baker Donelson's Higher Education Group has extensive experience advising colleges and universities on the legal issues unique to them. Our team, comprised of more than 40 attorneys, advises colleges, universities and academic medical centers throughout the United States.
Strategic advice. We work to understand each school's unique goals and culture to help it address legal issues cohesively with its objectives and budgetary realities. We assist colleges with legal aspects of their strategic planning initiatives, including developing risk management and litigation avoidance strategies and optimizing alternative revenue streams.
Title IX. We collaborate with institutions on Title IX audits and compliance reviews regarding athletics and sexual misconduct matters. We represent schools in every Power Five conference, as well as top public research institutions in eight states in Title IX matters. In regard to Title IX sexual misconduct matters, we assist colleges and universities with drafting policies and procedures, lead extensive sexual misconduct investigation and adjudication training, and conduct investigations.
College athletics. Our lawyers have particular strength in addressing legal issues related to college athletics. Nearly 60 firm lawyers were varsity student athletes in college, and several worked on campus as legal and athletic administrators, faculty and board members. We advise college athletic departments from Division I to Division III on NCAA and Title IX compliance strategies, privileged strategic planning initiatives and litigation. We also lead external due diligence projects and work with universities and their athletics departments on construction and facilities issues, intellectual property and licensing issues, and NCAA compliance. Baker Donelson regularly conducts Title IX athletics audits and compliance reviews to improve compliance. And when universities face NCAA inquiries, Title IX complaints or other legal actions, Baker Donelson defends them in litigation and helps them navigate through investigations brought by the NCAA and the federal Office for Civil Rights.
Real estate, public finance and construction. We advise on a full range of real estate and construction matters, including bond and USDA loan financing, and we litigate construction issues.
Intellectual property. Attorneys on our team advise on securing and defending patents, trademarks, copyrights and trade secrets. We provide guidance on merchandising and branding related to athletic trademarks and logos, technology licensing and securing licensing related to name/image/likeness rights.
Labor and employment. We draft, counsel and train on employment procedures and policies. We conduct audits for pay equity, wage and hour, ERISA, whistleblowing and restrictive covenant compliance. We conduct internal investigations and defend schools in employment litigation, including a full range of discrimination, retaliation and breach of contract claims. We advise on union avoidance, collective bargaining negotiations and administrative grievances.
Student discipline. Members of our team update policies and student handbooks, advise on Title IX issues and litigate student discipline issues.
Immigration. We advise on immigration issues affecting foreign nationals employed by and attending colleges and universities, including visas, work authorization and permanent residence.
Privacy and information security. Lawyers on our team advise on FERPA, HIPAA, cybersecurity/ data breach, privacy and social media issues.
Tax. We advise on non-profit taxation and governance, retirement plans, trusts and estates, donor issues and 409A issues.
Health care. Our attorneys serve as outside general counsel to several medical academic programs and affiliated health schools, provide guidance on the Affordable Care Act and assist with reimbursement, audits, compliance, investigations, employment, medical staff peer review and credentialing.