News & Analysis as of

Executive Orders Educational Institutions

Jackson Lewis P.C.

EO Directs Future Reporting Requirements for Higher Education Institutions

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The White House issued the “Ensuring Transparency in Higher Education Admissions” executive order (EO) on Aug. 7, 2025. The EO aims at eliminating the use of race in higher education admissions practices and revamping the...more

Holland & Knight LLP

New Admissions Data Reporting Requirements for Higher Education Institutions

Holland & Knight LLP on

The U.S. Department of Education (ED) announced it will require institutions of higher education to report additional data relating to admissions processes. The announcement follows President Donald Trump's executive order...more

Foster Swift Collins & Smith

DOJ Issues Memo: Discrimination Risks for Educational and Other Tax-Exempt Institutions

Last week (July 30th), the Department of Justice (DOJ) released long-awaited guidance regarding DEI programs in educational institutions and the application of federal anti-discrimination laws to recipients of federal funds....more

Patterson Belknap Webb & Tyler LLP

U.S. Attorney General Issues New Guidance on DEI Programs and Policies

On July 29, 2025, the U.S. Attorney General issued a memorandum that “clarifies the application of federal antidiscrimination laws to programs or initiatives that may involve discriminatory practices, including those labeled...more

Fox Rothschild LLP

New Game Plan: White House and Congress Move to Clarify Student Athlete Unionization Rights

Fox Rothschild LLP on

Last week, both Congress and President Trump took steps that could reshape how labor and employment laws apply to student athletes in higher education. While neither action will have immediate legal effect, together they...more

Fisher Phillips

What Should Your Athletic Department Know About Trump’s New NIL Executive Order Attacking “Pay for Play” Deals? 3 Steps For...

Fisher Phillips on

In yet another sweeping move impacting college athletics, President Trump just signed an Executive Order seeking to ban “third-party, pay-for-play payments to collegiate athletes,” while still allowing athletes to enter into...more

Foster Swift Collins & Smith

DEIA Executive Orders and the Consequences for Educational Institutions

On January 21, 2025, President Trump issued Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunities (“EO 14173”). EO 14173 aims to eliminate Diversity, Equity, and Inclusion (“DEI”) and...more

Fisher Phillips

SCOTUS to Determine Whether States Can Ban Transgender Athletes From Women’s Sports – What Your School Needs to Know

Fisher Phillips on

The Supreme Court will soon decide whether states can ban transgender high school and college athletes from participating on female sports teams at their schools. After initially declining to review this issue in 2023 and...more

TNG Consulting

[Webinar] What Civil Rights Administrators Need to Know Right Now About the False Claims Act Risk - July 24th, 12:00 pm - 1:15 pm...

TNG Consulting on

Your college has a strong commitment to DEI work, but you’re concerned about the Trump Administration’s Executive Order banning DEI. You’re not sure how seriously to take it, or what the early court rulings against the order...more

TNG Consulting

Using Standardized Processes to Increase Objectivity 

TNG Consulting on

In 2025, it is more crucial than ever to be intentional and grounded in our behavioral interventions and threat assessments. At NABITA, we’ve long promoted a structured and equitable approach, and while recent federal...more

Polsinelli

DOJ Civil Division Refocuses Affirmative Enforcement Priorities

Polsinelli on

Key Takeaways from DOJ’s 2025 Civil Division Mandate - Expanded Use of the False Claims Act (FCA) - The government is broadening its application of the FCA beyond traditional garden-variety fraud....more

Mayer Brown

DOJ Civil Division Announces Five Enforcement Priorities

Mayer Brown on

On June 11, 2025, in a memorandum entitled Civil Division Enforcement Priorities (the “Memo”), the Department of Justice (DOJ) Civil Division outlined its five priority areas for investigations and enforcement actions: (1)...more

Morgan Lewis

Strategy Considerations for Companies Assessing Risks of Fraud Liability for DEI Programs

Morgan Lewis on

On May 19, 2025, the US Department of Justice announced the establishment of the Civil Rights Fraud Initiative, which will “utilize the False Claims Act to investigate and, as appropriate, pursue claims against any recipient...more

Warner Norcross + Judd

DOJ’s Civil Division Targets DEI Programs, Gender-Related Health Care and Immigration

Warner Norcross + Judd on

Following leadership changes at the Department of Justice’s (DOJ) Civil Division, Brett Shumate, recently confirmed as the assistant attorney general, issued a memorandum directing DOJ attorneys to “use [their] enforcement...more

Vinson & Elkins LLP

Justice Department’s “Civil Rights Fraud Initiative” Increases False Claims Act Risks Related to Alleged Discrimination

Vinson & Elkins LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum announcing the creation of the Department of Justice’s (DOJ) Civil Rights Fraud Initiative (the Initiative), which directs DOJ attorneys to utilize the...more

Vorys, Sater, Seymour and Pease LLP

Trump Administration Issues Travel Bans Against Nationals of Designated Countries and Students and Certain Employees of Harvard...

On the evening of June 4, 2025, the Trump administration issued an executive order that will prevent or limit the entry of nationals from specific countries. The restrictions will go into effect on June 9, 2025. Only...more

Littler

U.S. Consulates Halt Issuance of F, J, and M Visas

Littler on

On May 27, 2025, the U.S. Department of State issued a directive to U.S. consulates globally to temporarily halt the issuance of F-1, M-1 and J-1 Exchange Visitor visas. This action is part of the current administration’s...more

Franczek P.C.

Week in Review: 7 Legal Developments you Should Know About

Franczek P.C. on

As the academic year is now wrapping up, we hope that the final weeks of school have been relatively stress free, and that our clients are now looking forward to some slower summer days. Here at Franczek, we have continued to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - June 2025

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Wiley Rein LLP

DOJ Civil Rights Fraud Initiative Targets "Illegal DEI" Programs via the False Claims Act

Wiley Rein LLP on

The U.S. Department of Justice (DOJ) announced the creation of the Civil Rights Fraud Initiative in a Memorandum issued on May 19, 2025. According to the Memorandum, the Initiative is an enforcement effort that will use the...more

Blank Rome LLP

Department of Justice Announces New Initiative to Combat Civil Rights Fraud Using the False Claims Act

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From time to time, the Department of Justice (“DOJ”) has established initiatives, task forces, or strike teams to advance its enforcement priorities. In recent years, DOJ has announced a Procurement Collusion Strike Force, a...more

A&O Shearman

DOJ Announces Civil Rights Fraud Initiative Targeting Federal Fund Recipients’ Use Of DEI

A&O Shearman on

On May 19, 2025, the Department of Justice (“DOJ”) announced its plan to use the False Claims Act to investigate and pursue claims of civil rights violations against federal fund recipients. The plan, entitled the Civil...more

Latham & Watkins LLP

Key Insights on DOJ's Civil Rights Fraud Initiative

Latham & Watkins LLP on

In a memorandum dated May 19, 2025, Deputy Attorney General Todd Blanche announced the establishment of a new Civil Rights Fraud Initiative (the Initiative) at the Department of Justice (DOJ)....more

Husch Blackwell LLP

DOJ’s Plan to Use the False Claims Act to Address Civil Rights Fraud

Husch Blackwell LLP on

According to a memorandum issued on May 19, 2025, the Department of Justice (“DOJ”) will use the False Claims Act as a tool to enforce federal civil rights laws. The new policy memo has serious potential implications for...more

Fox Rothschild LLP

DOJ Targets DEI Programs with False Claims Act Enforcement

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The U.S. Department of Justice (DOJ) is raising the stakes with a broad new initiative targeting what it calls “illegal DEI.” In a May 19, 2025 internal memorandum, Deputy Attorney General Todd Blanche outlines a Civil Rights...more

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