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Title IX Goes Head to Head with Antitrust: NCAA NIL Settlement Challenged by Female Student-Athletes in House v. NCAA

For anyone who thought an unprecedented $2.8 billion settlement agreement actually resolved one of the many murky issues of student-athlete compensation in college athletics —not so fast. On June 6, federal Judge Claudia...more

DEI and Potential False Claims Act Liability in Higher Education

Imagine you're sitting in a conference room with a group of administrators and staff across various schools and departments, discussing budgetary constraints, campus resources, and student group initiatives—a day like any...more

Title IX’s Final Rule Is Struck Down: Time to Return to the 2020 Regulations

In a recent and far-reaching decision, a federal court struck down the Biden administration’s 2024 final rule, which sought to implement significant changes to Title IX’s regulations (the 2024 Final Rule). ...more

From the White House to the Workplace: How Trump's 2024 Victory Could Reshape Labor and Employment Laws

America has made it across the finish line for the 47th time: Donald Trump has been elected the country's new president. The 2024 presidential election is set to have far-reaching implications for both employers and...more

Title IX's Final Rule Enforceability Still in Flux

Not long ago we wrote about the significant changes to Title IX's regulations in the Department of Education's final rule set to go into effect this year (the Final Rule). Primary and secondary schools and institutions of...more

Education Roundup: Policies Protecting Student Health Information - FERPA and HIPAA Compliance

It is no secret that institutions of higher education (IHEs) are currently busy addressing their policies to reflect recent major changes in the law (read: Title IX!), but it is also important to give some time and attention...more

More Money, More Problems for Collegiate Athletics?

The ball keeps rolling on potentially big compensation for college athletes. In a landmark proposed settlement (Settlement), the National College Athletics Association (NCAA) and the Atlantic Coast Conference, Big Ten...more

Biden Administration's Final Rule for Title IX Is Finally Here

The Biden administration's Department of Education has finally released the much-anticipated final rule (the "Final Rule") amending the regulations for Title IX, which prohibits sex discrimination and harassment in education...more

Education Roundup: Challenges to DEI Efforts Continue in the Wake of Students For Fair Admissions

Institutions of higher education (IHEs) and prospective applicants continue to grapple with the shifted landscape of admissions practices after the United States Supreme Court's Students for Fair Admissions decision...more

Are College Admissions Offices Minefields for Potential False Claims Act Liability Now?

By now, the Supreme Court's June 2023 Students for Fair Admissions decision overturning affirmative action precedent, which Venable wrote about here, and has prompted institutions of higher education (IHEs) to review their...more

New Proposed DOL Rule May Mean More Workers Receive Overtime Pay

A new rule, proposed by the U.S. Department of Labor's Wage and Hour Division (DOL) on August 30, 2023 (the Proposed Rule), will expand the group of workers who are entitled to overtime. If implemented, the Proposed Rule will...more

Biden's Student Loan Forgiveness Plan in Peril

The Supreme Court heard arguments on February 28, 2023 in two cases that will decide the future of President Biden's student loan forgiveness plan. The cases, Biden v. Nebraska and U.S. Department of Education v. Brown,...more

OCR Reminds IHEs That Pregnancy Is Protected Under Title IX Too

Often, the focus on Title IX compliance and crafting institutional procedures for institutions of higher education (IHEs) is dominated by more commonly arising issues like sexual misconduct allegations. However, recently, the...more

GPT Education Roundup: Accessible AI Presents New Potential Challenges for IHEs

Publicly available artificial intelligence (AI) programs and applications (apps), and the tasks they can perform, have been gaining much more attention lately. The average internet user can access websites and apps that use...more

What Could the Supreme Court's Rulings on Affirmative Action in Higher Education Admissions Mean for Employers' Diversity, Equity,...

The possible fate of affirmative action is at the forefront of U.S. Supreme Court watchers' attention this term. The general consensus among legal scholars and academics ranges from "concern" that the Court may be primed to...more

School's Out! How to Make the Most of Your Summer Break

For administrators and staff of institutions of higher education (IHEs), "summer break" may not be the vacation they want it to be - while the summer months may seem slower when most students are away, this time still...more

New Litigation for Employers on the Horizon: New York Passes the Adult Survivors Act

On May 24, 2022, New York's governor signed the Adult Survivors Act, S.66A (the ASA) into law. The ASA will revive sexual abuse claims that have expired under the applicable statute of limitations period. ...more

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