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Education

Jenner & Block helps educational institutions navigate large-scale matters that carry significant legal, political, and reputational risk, as well as in the routine but difficult matters that colleges and universities face every day. 

Nationally recognized by Chambers USA as a Band 1 law firm for Higher Education, we represent public and private institutions across the country, including in the ACC, Big 12, Big East, Big Ten, Ivy League, and PAC-12 conferences. We also represent boards of trustees and faculty committees, as well as research centers and foundations affiliated with universities.

Higher Education, Higher Profile Problems

Given the scrutiny under which educational institutions operate, their legal challenges are highly complex and require sensitivity to many different concerns. Clients come to Jenner & Block when faced with actual or threatened civil or criminal litigation, government investigations, overlapping inquiries by regulators and accreditors, and intense media pressure. We are exceptionally well-suited to counsel and defend institutions in these situations. While we have extensive litigation experience—and have represented academic institutions at all levels of the judiciary, including in the US Supreme Court—our Education practice has particular strengths dealing with the multi-faceted problems that arise outside of or in conjunction with litigation. On cutting edge issues ranging from race-conscious admissions and campus protests, to antitrust and sponsored research, to sexual misconduct and student athletics, we have helped our clients manage their problems and advance their goals.

Government Scrutiny Requires Specialized Counsel

Our team has a unique blend of experience—as former senior government lawyers, as congressional staff, and in private practice—responding to some of the most high-profile investigations and inquiries. We regularly represent institutions in closely watched congressional hearings and investigations as well as wide-ranging inquiries from the Department of Justice and Department of Education, including its Office for Civil Rights.

Operating at the Nexus of Compliance and Litigation

Schools, universities, and companies that support the education sector need smart, sophisticated legal counsel who are familiar with the ever-changing regulatory environment. Jenner & Block is uniquely positioned to serve these clients, offering them creativity, deep regulatory and technical knowledge, and extensive litigation, investigation, and crisis management experience.

We help Education clients with a wide range of matters, including Congressional inquiries; government and internal investigations; campus speech policy; First Amendment advising and defense; race-conscious admissions and faculty diversity counseling; antitrust defense and counseling; Title IX and sexual misconduct litigation and investigations; immigration policy; governance and faculty discipline issues; NCAA enforcement defense; name, image, and likeness compliance; privacy and cybersecurity issues; affiliated charitable organizations and planned giving; energy / renewable energy work; mass torts, including concussions; patent litigation and counseling; 403(b) plan fiduciary litigation and counseling; real estate and construction matters, and more.

Unique Experience and Perspectives

Our lawyers have worked in senior positions across the government and appreciate the litigation, investigative, and communications nuances within the Education sector. We have worked inside universities and understand the unique governance structures in which institutional decisions are made. Our Education practice brings deep experience to the legal issues that challenge institutional interests and a broad perspective on how those interests are best served.
 

Government-Facing Work

    • Represented a private university in a high-profile Congressional investigation.
    • Counseled numerous public and private institutions through OCR investigations related to Title VI and Title IX complaints.
    • Defended a private university in a front-page investigation pursued jointly by the Department of Education and the Department of Justice related to DEI issues.
    • Represented a private university and a global technology company in a victory that sustained the Deferred Action for Childhood Arrivals (DACA) program.
    • Represented university health system in government investigation.
    • Represented a large public university in a civil rights investigation into discrimination in faculty and staff pay.

Counseling

    • Counseled over a dozen institutions on reforming their admissions programs to comply with Students for Fair Admissions.
    • Helped clients find risk-adjusted solutions to advancing DEI across campus functions.
    • Advised numerous institutions on responding in real-time to protest activity and other forms of campus expression, assessing the campus climate and environment under Title VI and Title IX standards, and improving policies and procedures at the intersection of First Amendment principles and antidiscrimination law.
    • Counseled multiple universities on internal faculty matters, including tenure disputes and faculty misconduct issues.
    • Advised numerous Ivy League, Big 10, and ACC institutions on issues related to student athletics including related to compensation, NIL, concussions, NCAA infractions, sports gaming, and alleged misconduct, and defending litigation arising from such allegations.
    • Counseled universities on compliance with Section 117 federal foreign gift and contract reporting requirements.

Litigation

    • Secured dismissal of lawsuit brought against private institution challenging its response to an allegedly hostile environment on campus.
    • Defended an Ivy League institution in a putative class action alleging antitrust violations in connection with a common methodology for determining financial aid.
    • Represented university in copyright and trade secrets litigation related to work by faculty and graduate students.
    • Secured dismissal of lawsuit brought by tenured professor arising from the termination of his employment due to misconduct, and won appeal affirming the dismissal.
    • Defended multiple institutions in putative class actions seeking tuition refunds from transition to virtual education during Spring 2020 semester.
    • Represented universities in litigation related to privacy and data breaches, including class action litigation, as well as third-party subpoenas when university records are implicated by a vendor’s cybersecurity incident.
    • Represented educational organizations, educational institutions, and non-profit entities in numerous cases involving issues of student speech, academic freedom, the commercial speech rights of student newspapers, the establishment clause, free exercise of religion, and the removal of books from libraries.
    • Represented universities in FOIA and reverse FOIA litigation.

Investigations

    • Represented numerous institutions across conferences in Title IX investigations and litigation regarding student, faculty, and staff conduct.
    • Led highly sensitive investigation on behalf of the University of Michigan into allegations involving the President of the institution.
    • Conducted internal investigations and culture reviews of athletics departments and/or sports teams at multiple private institutions.

 

Experience

Government-Facing Work

    • Represented a private university in a high-profile Congressional investigation.
    • Counseled numerous public and private institutions through OCR investigations related to Title VI and Title IX complaints.
    • Defended a private university in a front-page investigation pursued jointly by the Department of Education and the Department of Justice related to DEI issues.
    • Represented a private university and a global technology company in a victory that sustained the Deferred Action for Childhood Arrivals (DACA) program.
    • Represented university health system in government investigation.
    • Represented a large public university in a civil rights investigation into discrimination in faculty and staff pay.

Counseling

    • Counseled over a dozen institutions on reforming their admissions programs to comply with Students for Fair Admissions.
    • Helped clients find risk-adjusted solutions to advancing DEI across campus functions.
    • Advised numerous institutions on responding in real-time to protest activity and other forms of campus expression, assessing the campus climate and environment under Title VI and Title IX standards, and improving policies and procedures at the intersection of First Amendment principles and antidiscrimination law.
    • Counseled multiple universities on internal faculty matters, including tenure disputes and faculty misconduct issues.
    • Advised numerous Ivy League, Big 10, and ACC institutions on issues related to student athletics including related to compensation, NIL, concussions, NCAA infractions, sports gaming, and alleged misconduct, and defending litigation arising from such allegations.
    • Counseled universities on compliance with Section 117 federal foreign gift and contract reporting requirements.

Litigation

    • Secured dismissal of lawsuit brought against private institution challenging its response to an allegedly hostile environment on campus.
    • Defended an Ivy League institution in a putative class action alleging antitrust violations in connection with a common methodology for determining financial aid.
    • Represented university in copyright and trade secrets litigation related to work by faculty and graduate students.
    • Secured dismissal of lawsuit brought by tenured professor arising from the termination of his employment due to misconduct, and won appeal affirming the dismissal.
    • Defended multiple institutions in putative class actions seeking tuition refunds from transition to virtual education during Spring 2020 semester.
    • Represented universities in litigation related to privacy and data breaches, including class action litigation, as well as third-party subpoenas when university records are implicated by a vendor’s cybersecurity incident.
    • Represented educational organizations, educational institutions, and non-profit entities in numerous cases involving issues of student speech, academic freedom, the commercial speech rights of student newspapers, the establishment clause, free exercise of religion, and the removal of books from libraries.
    • Represented universities in FOIA and reverse FOIA litigation.

Investigations

    • Represented numerous institutions across conferences in Title IX investigations and litigation regarding student, faculty, and staff conduct.
    • Led highly sensitive investigation on behalf of the University of Michigan into allegations involving the President of the institution.
    • Conducted internal investigations and culture reviews of athletics departments and/or sports teams at multiple private institutions.

The First 100 Days: Higher Education

 

Education

Jenner & Block helps educational institutions navigate large-scale matters that carry significant legal, political, and reputational risk, as well as in the routine but difficult matters that colleges and universities face every day. 

Nationally recognized by Chambers USA as a Band 1 law firm for Higher Education, we represent public and private institutions across the country, including in the ACC, Big 12, Big East, Big Ten, Ivy League, and PAC-12 conferences. We also represent boards of trustees and faculty committees, as well as research centers and foundations affiliated with universities.

Higher Education, Higher Profile Problems

Given the scrutiny under which educational institutions operate, their legal challenges are highly complex and require sensitivity to many different concerns. Clients come to Jenner & Block when faced with actual or threatened civil or criminal litigation, government investigations, overlapping inquiries by regulators and accreditors, and intense media pressure. We are exceptionally well-suited to counsel and defend institutions in these situations. While we have extensive litigation experience—and have represented academic institutions at all levels of the judiciary, including in the US Supreme Court—our Education practice has particular strengths dealing with the multi-faceted problems that arise outside of or in conjunction with litigation. On cutting edge issues ranging from race-conscious admissions and campus protests, to antitrust and sponsored research, to sexual misconduct and student athletics, we have helped our clients manage their problems and advance their goals.

Government Scrutiny Requires Specialized Counsel

Our team has a unique blend of experience—as former senior government lawyers, as congressional staff, and in private practice—responding to some of the most high-profile investigations and inquiries. We regularly represent institutions in closely watched congressional hearings and investigations as well as wide-ranging inquiries from the Department of Justice and Department of Education, including its Office for Civil Rights.

Operating at the Nexus of Compliance and Litigation

Schools, universities, and companies that support the education sector need smart, sophisticated legal counsel who are familiar with the ever-changing regulatory environment. Jenner & Block is uniquely positioned to serve these clients, offering them creativity, deep regulatory and technical knowledge, and extensive litigation, investigation, and crisis management experience.

We help Education clients with a wide range of matters, including Congressional inquiries; government and internal investigations; campus speech policy; First Amendment advising and defense; race-conscious admissions and faculty diversity counseling; antitrust defense and counseling; Title IX and sexual misconduct litigation and investigations; immigration policy; governance and faculty discipline issues; NCAA enforcement defense; name, image, and likeness compliance; privacy and cybersecurity issues; affiliated charitable organizations and planned giving; energy / renewable energy work; mass torts, including concussions; patent litigation and counseling; 403(b) plan fiduciary litigation and counseling; real estate and construction matters, and more.

Unique Experience and Perspectives

Our lawyers have worked in senior positions across the government and appreciate the litigation, investigative, and communications nuances within the Education sector. We have worked inside universities and understand the unique governance structures in which institutional decisions are made. Our Education practice brings deep experience to the legal issues that challenge institutional interests and a broad perspective on how those interests are best served.
 

Government-Facing Work

    • Represented a private university in a high-profile Congressional investigation.
    • Counseled numerous public and private institutions through OCR investigations related to Title VI and Title IX complaints.
    • Defended a private university in a front-page investigation pursued jointly by the Department of Education and the Department of Justice related to DEI issues.
    • Represented a private university and a global technology company in a victory that sustained the Deferred Action for Childhood Arrivals (DACA) program.
    • Represented university health system in government investigation.
    • Represented a large public university in a civil rights investigation into discrimination in faculty and staff pay.

Counseling

    • Counseled over a dozen institutions on reforming their admissions programs to comply with Students for Fair Admissions.
    • Helped clients find risk-adjusted solutions to advancing DEI across campus functions.
    • Advised numerous institutions on responding in real-time to protest activity and other forms of campus expression, assessing the campus climate and environment under Title VI and Title IX standards, and improving policies and procedures at the intersection of First Amendment principles and antidiscrimination law.
    • Counseled multiple universities on internal faculty matters, including tenure disputes and faculty misconduct issues.
    • Advised numerous Ivy League, Big 10, and ACC institutions on issues related to student athletics including related to compensation, NIL, concussions, NCAA infractions, sports gaming, and alleged misconduct, and defending litigation arising from such allegations.
    • Counseled universities on compliance with Section 117 federal foreign gift and contract reporting requirements.

Litigation

    • Secured dismissal of lawsuit brought against private institution challenging its response to an allegedly hostile environment on campus.
    • Defended an Ivy League institution in a putative class action alleging antitrust violations in connection with a common methodology for determining financial aid.
    • Represented university in copyright and trade secrets litigation related to work by faculty and graduate students.
    • Secured dismissal of lawsuit brought by tenured professor arising from the termination of his employment due to misconduct, and won appeal affirming the dismissal.
    • Defended multiple institutions in putative class actions seeking tuition refunds from transition to virtual education during Spring 2020 semester.
    • Represented universities in litigation related to privacy and data breaches, including class action litigation, as well as third-party subpoenas when university records are implicated by a vendor’s cybersecurity incident.
    • Represented educational organizations, educational institutions, and non-profit entities in numerous cases involving issues of student speech, academic freedom, the commercial speech rights of student newspapers, the establishment clause, free exercise of religion, and the removal of books from libraries.
    • Represented universities in FOIA and reverse FOIA litigation.

Investigations

    • Represented numerous institutions across conferences in Title IX investigations and litigation regarding student, faculty, and staff conduct.
    • Led highly sensitive investigation on behalf of the University of Michigan into allegations involving the President of the institution.
    • Conducted internal investigations and culture reviews of athletics departments and/or sports teams at multiple private institutions.

 

Experience

Government-Facing Work

    • Represented a private university in a high-profile Congressional investigation.
    • Counseled numerous public and private institutions through OCR investigations related to Title VI and Title IX complaints.
    • Defended a private university in a front-page investigation pursued jointly by the Department of Education and the Department of Justice related to DEI issues.
    • Represented a private university and a global technology company in a victory that sustained the Deferred Action for Childhood Arrivals (DACA) program.
    • Represented university health system in government investigation.
    • Represented a large public university in a civil rights investigation into discrimination in faculty and staff pay.

Counseling

    • Counseled over a dozen institutions on reforming their admissions programs to comply with Students for Fair Admissions.
    • Helped clients find risk-adjusted solutions to advancing DEI across campus functions.
    • Advised numerous institutions on responding in real-time to protest activity and other forms of campus expression, assessing the campus climate and environment under Title VI and Title IX standards, and improving policies and procedures at the intersection of First Amendment principles and antidiscrimination law.
    • Counseled multiple universities on internal faculty matters, including tenure disputes and faculty misconduct issues.
    • Advised numerous Ivy League, Big 10, and ACC institutions on issues related to student athletics including related to compensation, NIL, concussions, NCAA infractions, sports gaming, and alleged misconduct, and defending litigation arising from such allegations.
    • Counseled universities on compliance with Section 117 federal foreign gift and contract reporting requirements.

Litigation

    • Secured dismissal of lawsuit brought against private institution challenging its response to an allegedly hostile environment on campus.
    • Defended an Ivy League institution in a putative class action alleging antitrust violations in connection with a common methodology for determining financial aid.
    • Represented university in copyright and trade secrets litigation related to work by faculty and graduate students.
    • Secured dismissal of lawsuit brought by tenured professor arising from the termination of his employment due to misconduct, and won appeal affirming the dismissal.
    • Defended multiple institutions in putative class actions seeking tuition refunds from transition to virtual education during Spring 2020 semester.
    • Represented universities in litigation related to privacy and data breaches, including class action litigation, as well as third-party subpoenas when university records are implicated by a vendor’s cybersecurity incident.
    • Represented educational organizations, educational institutions, and non-profit entities in numerous cases involving issues of student speech, academic freedom, the commercial speech rights of student newspapers, the establishment clause, free exercise of religion, and the removal of books from libraries.
    • Represented universities in FOIA and reverse FOIA litigation.

Investigations

    • Represented numerous institutions across conferences in Title IX investigations and litigation regarding student, faculty, and staff conduct.
    • Led highly sensitive investigation on behalf of the University of Michigan into allegations involving the President of the institution.
    • Conducted internal investigations and culture reviews of athletics departments and/or sports teams at multiple private institutions.

The First 100 Days: Higher Education

 

Co-Chairs

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Related Capabilities

Appellate and Supreme Court
Business Litigation
COVID-19
Class Action
Congressional Investigations
Copyright
Culture Risk and Sensitive Investigations
Data Privacy and Cybersecurity
ERISA
ESG: Environmental, Social, and Governance
Education
Energy
Environmental and Workplace Health and Safety
Investigations, Compliance, and Defense
Life Sciences
Native American Law
Patent Litigation and Counseling
Post-Chevron Task Force
Real Estate and Hospitality
Reproductive Health Task Force
Sports and Gaming
Tax
Transitions in Energy and Climate Solutions

News and Insights

Event

Partner Michael Vernick to Speak at NACUA's 2026 Annual Conference

On July 1, Partner Michael Vernick will speak on a panel at the National Association of College and University Attorneys (NACUA) 2026 Annual Conference in Nashville.

July 1, 2026

Event

Jenner & Block Partners to Speak at Council on Governmental Relations Conference

On June 11, Partners Mike Vernick, Katie Wynbrandt, and Betsy Henthorne will speak on a panel at the Council on Governmental Relations (COGR) meeting.

June 11, 2026

Recognition

Jenner & Block’s New York Office Earns Top Honors in Chambers USA 2026 for Commercial Litigation, White-Collar Litigation, Media & Entertainment, and Intellectual Property

Jenner & Block’s New York Office Earns Top Honors in Chambers USA 2026 for Commercial Litigation, White-Collar Litigation, Media & Entertainment, and Intellectual Property

June 10, 2026

Recognition

Jenner & Block DC Earns 29 Chambers USA 2026 Rankings Across 16 Practice Areas

Chambers USA 2026 has recognized Jenner & Block’s Washington, DC office as a hub of legal excellence, with 29 individual lawyers ranked across 16 key practice areas.

June 8, 2026

Client Alerts

OMB Proposes Major Overhaul of Federal Grant Rules: What Grant Recipients Need to Know

On May 29, 2026, the Office of Management and Budget (OMB), joined by federal grantmaking agencies, issued a lengthy proposed rule[1]covering many aspects of federal financial assistance, including:

June 5, 2026

Recognition

2026 Chambers USA Recognizes 40 Practice Areas, 86 Lawyers from Jenner & Block

The Chambers USA 2026 guide has recognized Jenner & Block as a leading firm in 40 practice areas, with practice rankings in 17 national and 23 state categories, and 86 lawyers individually recommended across practice areas at the national and state level. Ranked firms and individuals demonstrate qualities most valued by clients, including technical legal ability, professional conduct, client service, commercial astuteness, diligence, and commitment.

June 4, 2026

Client Alerts

Full Court Press: New Executive Order Targets College Athletics Spending on Multiple Fronts

On April 3, the President issued a new executive order about college sports, Urgent National Action to Save College Sports (“College Sports EO,” “the Order,” or “EO”) (Apr. 3, 2026), and an accompanying Fact Sheet. 

April 7, 2026

Client Alerts

Newest Executive Order Taking Aim at DEI in Federal Contracting: What Government Contractors and Subcontractors Need to Know

Attention government contractors and subcontractors, a new Executive Order (EO) demands your immediate attention. Titled Addressing DEI Discrimination by Federal Contractors, the order, issued March 26, directs federal agencies to begin inserting a new clause prohibiting what the EO terms “racially discriminatory DEI activities” into contracts within 30 days. The EO’s text reaches more broadly than prior purported DEI preclusion efforts. Here is what you need to know.

March 31, 2026

News

Partner Michael Vernick to Speak at NCURA’s 2026 Financial Research Administration/Pre-Award Research Administration Conference

On March 23, Partner Michael Vernick will speak on a panel at the 2026 Financial Research Administration/Pre-Award Research Administration Conference, hosted by the National Council of University Research Administrators (NCURA).

March 20, 2026

Event

DEI and the False Claims Act: What Your Institution Needs to Know

The legal landscape around DEI is shifting rapidly — and the False Claims Act is emerging as a key enforcement tool.

March 25, 2026

Client Alerts

GSA PSA: New Certifications for All Federal Funding Recipients and How to Prepare

The General Services Administration (GSA) recently announced proposed updates to certification requirements for federal grantees on the System for Award Management (SAM, available at sam.gov), the GSA-run, official US Government system for, among other things, recipients of federal funding to make representations and certifications about their organizations. These proposed changes, published in a Federal Register notice on January 28, 2026, would impact all entities receiving federal financial a

March 4, 2026

Recognition

Partner Lauren Hartz Named Among Next Generation of Leaders by Corporate Counsel

Partner Lauren Hartz has been recognized as a recipient of Corporate Counsel's 2026 Women, Influence & Power in Law Award (WIPL) in the Next Generation of Leaders category. The award recognizes women lawyers under age 40 who have made meaningful contributions to the profession, their clients, and community around them.

February 20, 2026

News

Michael J. Vernick, Leading Higher Education and White Collar Defense Attorney, Joins Jenner & Block in Washington, DC

Jenner & Block is pleased to announce that Michael J. Vernick has joined as a Partner in its Washington, DC, office.

January 20, 2026

Recognition

Jenner & Block Partner Terri Mascherin Named to Lawdragon Hall of Fame

Partner Terri Mascherin has been recognized in Lawdragon's 2026 Hall of Fame, one of the legal industry's most prestigious honors reserved for lawyers who have demonstrated exceptional advocacy over decades of practice.

January 12, 2026

Client Alerts

What to Expect in 2026 for Higher Education

After a year of significant upheaval for higher education institutions, additional changes are on the horizon in 2026. The most recent Unified Agenda, the One Big Beautiful Bill Act, and other developments mean additional changes for—as outlined below—civil rights enforcement, admissions, foreign gift reporting, accreditation, visa requirements and eligibility, grant funding, student loans, patent revenue, and student privacy. Understanding and anticipating these developments will help position

January 6, 2026

Client Alerts

DOJ Eliminates Disparate-Impact Liability Under Title VI. What’s Next?

On December 9, 2025, the Department of Justice (DOJ) published a final rule rejecting the use of disparate-impact liability, i.e., holding entities liable for discrimination due to a policy’s disproportionate effect on a certain group, even without evidence of intentional discrimination. The rule removes such liability from its regulations implementing Title VI,1the statute that prohibits discrimination based on race, color, or national origin in programs that receive federal financial assistanc

December 17, 2025

News

Jenner & Block Secures Summary Judgment Victory Protecting $9 Billion in University Research Funding

Jenner & Block achieved a comprehensive summary judgment victory for the Association of American Universities and leading research institutions when the US District Court for the District of Massachusetts struck down the Department of Defense's controversial "Rate Cap Policy" that threatened approximately $9 billion in annual federal research funding to universities nationwide.

October 14, 2025

Client Alerts

Grant Terminations and Court of Federal Claims Litigation

The Administration’s dramatic cutbacks to federal funding have changed the landscape and presented new and unprecedented challenges for funding recipients across a range of industries.

September 23, 2025

Recognition

Partner Lauren Hartz Named a Rising Star by The National Law Journal

Partner Lauren Hartz has been recognized as a recipient of the The National Law Journal’s 2025 DC Rising Stars award. The honor recognizes the most promising lawyers age 40 and under in Washington DC.

September 12, 2025

Recognition

Partner Lauren Hartz Named Finalist for The American Lawyer’s Young Lawyer of the Year, Litigation Award

Partner Lauren Hartz has been named a finalist for The American Lawyer’s 2025 Industry Awards in the category of Young Lawyer of the Year, Litigation. The honor recognizes lawyers under 40 who have shown exceptional work in any litigation practice in the last two years.

August 25, 2025

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