Schnader brings together attorneys with varied skill sets and backgrounds to provide a holistic and multifaceted approach to address the needs of our higher education clients. We respond to individual situations, always recognizing that plans must be practical and cost-effective. We also fully appreciate that our clients need to develop positive relationships within their local communities and all levels of government.
Our involvement with numerous higher education matters give us a head start in addressing short-term problems and realizing long-term goals, as we provide traditional legal counsel, training and information programs, policy and procedure review, and representation in dispute resolution.
Our services include:
Compliance: Provide navigational advice regarding compliance issues specific to higher education, including student discipline, accommodation of student disabilities, the Family Educational Rights and Privacy Act, the Higher Education Opportunity Act, Gainful Employment, Consumer Disclosures, Clery Act, Borrower Defense to Repayment, the Incentive Compensation Ban, mandatory vaccinations, and medical marijuana on campus, for example.
Contracts: Advise with both simple and complex contractual relationships that support the day-to-day needs of schools, their faculty and students, including drafting, negotiating and implementing agreements for food services and hospitality, security, maintenance, utilities, equipment leasing, consulting services, subcontractor issues, and the full spectrum of procurement activities. Our services include review of construction document and licensing agreements. We can help create forms for frequently used contracts.
Creditors Rights/Restructuring: Represent higher education institutions in Chapter 11 bankruptcy and reorganization cases, bankruptcy litigation and commercial loan foreclosures.
Employment: Defend against employment-related lawsuits and administrative charges. Conduct independent investigations. Advise on employment, labor and benefits compliance, strategies, and decision-making. Advise on faculty grievances, and organized labor and unionization issues. Deliver or assist with training. Help with policies and handbooks. Implement whistleblower hotlines.
Financing: Serve as borrower’s counsel in securing financing and in restructuring existing tax-exempt debt and obtaining new money for improvements. Assist with the sale of excess assets and property.
Governance: Advise trustees and administrators on fiduciary duties, state corporate law, federal tax-exemption related matters, and the creation, operation and dissolution of affiliated entities. We assist with the development of articles of formation, bylaws, and structuring the board of directors.
Intellectual Property: Guide the institution throughout the lifecycle of intellectual property rights, from developing, clearing, and securing rights, to leveraging and enforcing those rights. Assist the Institution with technology transfers. Advise the Institution, faculty, and students on brand development, social media, and name, image, and likeness issues.
Internal Investigations: Conduct investigations on a multitude of student and employee issues including allegations of employee misconduct, discrimination, harassment, workplace violence, Title IX complaints, and financial improprieties. Train investigators. Lead seminars on conducting investigations and writing investigative reports.
Litigation: Handle many types of disputes at the administrative agency, trial and appellate levels, including those concerning contract disputes, labor and employment matters, real estate disputes, student discrimination, and intellectual property issues.
Real Estate: Guide all stages of traditional and complex building and campus development projects, from campus planning to finance to regulatory compliance to construction implementation, including student housing, mixed-use projects, hotels and entertainment projects. Assist with the acquisition of new assets and sale of excess properties.
Sports Law: Our service include advice regarding Name, Image and Likeness (NIL) issues, sports gambling, NCAA compliance, Title IX and similar issues.
Tax exemption issues and endowments: We’ve advised regarding employment tax responsibilities for employees working remotely during COVID, regarding income tax exemption for residences occupied by the President/Provost and potential tax liabilities associated with investments held by their endowments.
Title IX: Several of us are trained to assist with Title IX needs, including serving as independent investigators, fact-finders, decision makers or alternative dispute resolution mediators. We also help write policies and train college personnel.
Training: Deliver live training sessions to assist university personnel in spotting issues and staying abreast of compliance issues.
Trusted Advisor: We serve as external general counsel to institutions which choose this option. We are available to answer questions and provide advice before problems escalate. On any given day, we may help review a student clinical placement agreement; discuss the need for an accommodation for a student, help a program manager research program requirements, and advise a registrar reacting to a subpoena. If you are interested in learning more about the retention, please contact one of our practice group chairs.
News & Publications
- Update on Structuring Student-Athlete NIL Agreements: Recent Decisions, Regulations, and Key Developments
- Update on Key Developments in Name, Image, & Likeness (NIL) Legislative Efforts
- Legal Framework for NIL One Year After NCAA v. Alston – Next Steps for Universities
- Jonathan Hugg Appointed as Hearing Committee Member by Disciplinary Board of PA Supreme Court
- Schnader Welcomes Top Litigator Christine Wechsler
- Hall v. Millersville University: Third Circuit Clarifies Title IX Liability for Third Party Conduct
- Name, Image & Likeness (NIL): Three Key Legal Issues Facing Businesses in College Athlete Endorsement Deals to Date
- Kevin S. Blanton Honored with 2021 Earl G. Harrison Community Service Award
- Several New Covid-19 Vaccine and Mask Mandates for NYC Employers, Schools, Public Spaces and More
- Effective Response Strategies for Government Investigations
- Mitigating Inflation’s Impact On Commercial Contracts
- Size Matters: Chipmunks, Elephants, and the Push for Settlements
- EEOC Clarifies Religious Exemptions to Covid-19 Vaccine Mandates
- Karen Baillie, Jonathan Skowron and Keith Whitson Certified as “Ally-Ready” by Pittsburgh Legal Diversity & Inclusion Coalition
- Three Intellectual Property Matters to Settle in Setting NIL Rules
- Third Circuit Takes Broad View of Rule 23(c)(4) Issue-Class Certification
- Navigating the New NIL Landscape: A Checklist for Athletes Looking to Profit
- A Checklist for University Policies Addressing Student-Athlete Name, Image and Likeness (NIL) Issues
- Important Updates by Delaware Chancery Court to Its Practice Guidelines
- Pennsylvania Wage and Hour Updates: (1) New Overtime Pay Regulation No Longer in Effect and (2) Mandatory Security Checks Are Compensable as Hours Worked
- It’s a New Game: Pennsylvania Statute Adopted on College Athlete Compensation for Name, Image and Likeness
- Supreme Court Protects First Amendment Rights for Students’ Off-Campus Speech
- Keith Whitson Interviewed on KDKA-TV about Allegheny County Bar Foundation
- Jonathan Hugg Quoted by The Business Journals about the SBA’s Targeted EIDL Advance Grant Program
- Keith Whitson to be Named President of the Allegheny County Bar Foundation
- Paul Titus Receives Eric W. Springer Professionalism Award of Hay-Sell Pittsburgh American Inn of Court
- To Mandate or Not to Mandate? Legal Considerations for Private Employers Contemplating a Mandatory Covid-19 Vaccine Program
- United States v. Borden: Why imposing mandatory minimums under the ACCA for reckless crimes offends due process
- Allegheny County Bar Foundation’s Endowment Campaign – Join the path of a leader
- Easing the Pain of Worker Layoffs: Individual Stipends and Other Emergency Benefits Under the Most Recent Federal Stimulus Package For Covid-19
- Richard Barkasy Re-elected to Schnader’s Executive Committee
- Theresa Loscalzo Re-elected to Schnader’s Executive Committee
- Book Review – The Worlds of Chippy Patterson
- Warning for Businesses: Pennsylvania Supreme Court Rules Violations of the State’s Unfair Trade Practices and Consumer Protection Act Do Not Require Intent
- New Bankruptcy Code Section Will Help Landlords and Suppliers and Their Tenants and Customers Affected by Covid-19
- NY Appellate Division: Civil Defendant’s Use of Standard Affirmative Defense Based on Lack of Personal Jurisdiction Was Not Effective
- Pa. High Court Rejects ‘Continuous Representation Rule’ for Legal Malpractice Actions
- What Businesses Need To Know About New Pennsylvania Law Authorizing Commerce Courts
- The City of Philadelphia Issues 180-Day Moratorium on Restaurant Evictions
- Employment Update: Another Pennsylvania Court Says A Medical Marijuana User Is Not Disabled Under State Disability Law
- New Jersey Executive Order Sets Health and Safety Standards for Employers
- Hairstyle Discrimination Banned in Pittsburgh and Allegheny County
- New Pennsylvania Overtime Pay Regulation Now in Effect
- Schnader Files Class Action Lawsuit to Address Systemic Mental Health Care Failures at Allegheny County Jail
- Law That Saves Lives
- Book Review of “Acts of Omission” by James S. Botswick
- The Scope of the COVID-19 Toll of CPLR Time Limits in New York
- Another Possible Problem Caused by Covid-19: Check the Accuracy of Your Address for Service of Process with State Authorities and Avoid Default Judgments
- Theresa Loscalzo Elected to the Board of Directors of The Forum of Executive Women
- So Far, a Narrow View of the Pandemic as a Force Majeure Event
- Jurisdictional Issues that Can Cost Your Businesses: What In-house Counsel Need to Know
- Third Circuit Expands First Amendment Speech Protection for Students’ Off-Campus Speech
- New Pennsylvania Superior Court Decision May Help Lenders Expedite Loan Recovery, But Also Frustrate Borrowers
- A Pair of New DOL Guidance Documents Address Additional Unemployment Compensation Programs Under the CARES Act
- Pennsylvania’s Shared Work Program May Provide Options for Employers Looking to Avoid Layoffs
- New Overtime Pay Regulation in Pennsylvania May Create Obligations for Employers Beyond Federal Requirements
- Employers Take Notice: Pittsburgh Paid Sick Days Act Goes Into Effect March 15
- Intellectual Property and College Athletes – New Directions by NCAA about Compensation
- PA Supreme Court Upholds Pittsburgh Paid Sick Day Act
- Schnader Leads the Implementation of Model Career Advocate Programs for the Pittsburgh Legal Diversity & Inclusion Coalition
- Does sports betting put student athletes at risk?
- Sports Betting and the Impact on Colleges and Universities
- Schnader Lawyers Named to PA Super Lawyers and Rising Stars
- Trump Administration Appeals District Court Order on Pay Data
- Employers Must Submit 2017 and 2018 Pay Data to EEOC by September 30
- Is Your Business One of the 3,500 Scheduled by DOL for an Affirmative Action Program Audit in 2019?
- New Anti-Hazing Law Requires PA Colleges & Universities to Post Semi-Annual Reports, with Initial Reports Due Jan. 15, 2019
- Department of Education Requests Comments on Proposed Title IX Regulations
- Theresa E. Loscalzo Receives Philadelphia Business Journal’s 2018 Woman of Distinction Award
- October 10 is the Date: Be Prepared for Changes to the Pa Contractor and Subcontractor Payment Act
- Richard Barkasy Published “Supreme Court Says Creditors Must ‘Get It in Writing’”
- Many Schnader Lawyers Named to PA Super Lawyers
- Theresa Loscalzo Presents “Success Begets Success: The Importance of Women Supporting Women”
- Massachusetts High Court Provides Guidance on Responding to Suicidal Students
- Theresa Loscalzo Elected to Schnader’s Executive Committee
- Laurel Brandstetter Published “Lessons in Ethics and Compliance: March Madness or March to Readiness”
- California Court Finds College Not Liable for Third Party Harassment Not Related to College’s Programs or Activities
- Paul Titus Featured in The Journal of the American College of Trial Lawyers
- Lisa Rodriguez Named to Super Lawyers 2018
- California Court Creates Special Duty for Colleges to Protect Students
- Dennis Suplee Authors the Lead Article for CPR’s Alternatives
- Jo Bennett and Samantha Banks Analyze Landmark Labor Case on Resolving Disputes through Arbitration
- Schnader Harrison Helps Train Youth Court Judges
- Paul Titus Receives Drum Major for Justice Award from Allegheny County Bar Association
- It’s A Slam Dunk: Take Steps Now to Avoid Tough Lessons Learned by Several NCAA Basketball Programs
- Beware of Implementing 2017 Q&A Sexual Misconduct Guidance: VAWA and Clery Act Remain the Law (For Now)
- Dennis Suplee Honored with 2016 Lifetime Achievement Award
- The FLSA Overtime Regulations Are Changing December 1, 2016: Colleges and Universities Will be Ready
- Obtaining Relief from Penalties Related to IRS Form 1098-T Filing Deficiencies
- Title IX Coordinators: Review of New Guidance from the Department of Education
- Philadelphia’s Nonprofit Recertification Requirement Abolished
- Reprieve Granted to Philadelphia Tax-Exempt Property Owners
- “Effective Corporate Governance in the Nonprofit Sector”
- Opening the Library Doors to the World: Second Circuit Finds Universities’ Book Scanning Project Constitutes “Fair Use” of Copyrighted Materials
- US Department of Education Levies More Fines for Clery Act Violations
- President Obama Launches Task Force on Campus Sexual Assaults
- College and University Boards Advised to Become and Remain Informed of Sexual Misconduct on Campus
- Schnader Attorneys Recognized as Members of the 2012 Capital Pro Bono Honor Roll
- Regulatory Focus on Colleges and Universities Is Increasing
- Schnader Attorneys Recognized as Members of the First Judicial District of Pennsylvania’s Pro Bono Roll of Honor
- Hon. Timothy K. Lewis and Elizabeth Ainslie Held Press Conference to Voice Disagreement with the Freeh Report
- Paul Titus Honored as an Alumni of the Year by St. Bonaventure University
- Marilyn Kutler Recognized with a 2011 Philadelphia Business Journal Women of Distinction Award
- Sixty-Five Schnader Attorneys Rated AV® Preeminent™ by Martindale-Hubbell®
- Schnader Names Four New Partners
- Dischargeability of Student Loans in Bankruptcy
- Remote Work Accommodations After the Pandemic
- Personal Jurisdiction Over Nonresident Corporations: Applying Ford’s Related-To Test for Specific Jurisdiction
- Trial Preparation, Motions, Trial in Each Part, Judge vs. Jury, and Settlement Concerns
- Endorsements and NIL: Challenges Now Facing Universities, Athletes, and Businesses
- Ensuring Local Governments Comply with the Law – Delaware Guide
- Returning to Work in the Era of Covid-19
- Keeping the Focus on the Endgame: Overcoming Litigation Challenges by Fully Embracing the Tasks Ahead
- WEBINAR: How Universities Can Prepare for Student-Athlete NIL Issues
- Personal Jurisdiction Over Nonresident Corporations
- I Wish I Knew Then, What I Know Now
- In-House Counsel Roundtable: Bankruptcy, Restructuring, & Covid-19 Impact on Businesses
- Sexual Harassment: What Human Resources Managers Can Learn from the New Title IX Regulations
- Risk Transfer for Construction Defect Claims: Minimizing and Allocating Costs of Defense and Indemnity
- Title IX and Cannabis on Campus
- Responding to Hate Crimes and Bias Incidents in the Era of Coronavirus
- The Complex Commercial Case in Arbitration
- Class Action Litigation in 2020: What You Need to Know
- In-House Counsel Speak: The Shifting Employment Law Landscape
- Marijuana in the Workplace
- What More Can Human Resources Do To Mitigate Risks of Harassment and Violence in the Workplace?
- Karen Baillie Presents at the 2019 PHRA Annual Conference & Exhibition
- Advocates’ Best Practices in Selecting Arbitrators
- The Recruiting Team’s Role In Affirmative Action Compliance
- Dennis Suplee Speaks at PADC’s Seventh Annual Young Lawyers Program
- Is this Reasonable? Legal-Issue Spotting for Schools in 2019
- Laurel Gift Speaks at Higher Education Compliance Conference of Society of Corporate Compliance & Ethics
- Class Actions: Perspectives on Key Issues
- Schnader Sponsors and Hosts the CPR Regional Meeting in Philadelphia on April 30
- Asylum Law for Non-Immigration Lawyers
- Insolvency & Secured Transactions: Understanding Chapter 15 of U.S. Bankruptcy Code and How It Applies to Foreign Proceedings