Jenner & Block Wins Emergency Relief for Association of American Universities to Protect Donor Privacy
News
October 7, 2026
Jenner & Block won a temporary restraining order for the Association of American Universities (AAU) on October 1, hours before the US Department of Education was set to publish the names of foreign donors to American universities on its website. For six years, the Department had stated publicly that it lacked authority to publish those names and promised not to do so. As a result, universities willingly provided this information to the Department, while passing the Department’s assurance of privacy onto donors, including some in countries that punish support for American institutions. The Department suddenly reversed course in July and, after repeated postponements, announced on September 25 that it would publish donor names on October 2.
Jenner filed AAU's complaint and emergency motion on October 1, and Partner Jeremy Feigenbaum argued the motion at a 9 pm hearing before Judge Tanya S. Chutkan of the US District Court for the District of Columbia. Judge Chutkan found that the Department likely acted arbitrarily and without statutory authority in abandoning six years of assurances without adequate explanation, agreed that disclosure would violate donor privacy and could endanger donors living under repressive governments, and entered an order before midnight enjoining publication of donor names.
The Jenner team included Partners Jeremy Feigenbaum, Lindsay Harrison, Betsy Henthorne, Steven Englund, Zach Schauf, Huiyi Chen, Rachel Alpert, Annie Kastanek, Anjali Motgi, Ashley Callen, Michael Vernick, and Amanda Shafer Berman; Special Counsel Daniel Schwei; Associates Kara Brandeisky, Laurel Raymond, Jonathan Steinberg, Jonathan Marshall, Rachel Palermo, Logan Wren, Gabriela Romero, In Kyu Chung, Julian Buff, and Simone Hunter-Hobson; and Paralegals Annette Young, Cheryl Olson, Mary Patston, Sandra Gentile, and Natalia Glinzler.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
News
October 7, 2026
Jenner & Block won a temporary restraining order for the Association of American Universities (AAU) on October 1, hours before the US Department of Education was set to publish the names of foreign donors to American universities on its website. For six years, the Department had stated publicly that it lacked authority to publish those names and promised not to do so. As a result, universities willingly provided this information to the Department, while passing the Department’s assurance of privacy onto donors, including some in countries that punish support for American institutions. The Department suddenly reversed course in July and, after repeated postponements, announced on September 25 that it would publish donor names on October 2.
Jenner filed AAU's complaint and emergency motion on October 1, and Partner Jeremy Feigenbaum argued the motion at a 9 pm hearing before Judge Tanya S. Chutkan of the US District Court for the District of Columbia. Judge Chutkan found that the Department likely acted arbitrarily and without statutory authority in abandoning six years of assurances without adequate explanation, agreed that disclosure would violate donor privacy and could endanger donors living under repressive governments, and entered an order before midnight enjoining publication of donor names.
The Jenner team included Partners Jeremy Feigenbaum, Lindsay Harrison, Betsy Henthorne, Steven Englund, Zach Schauf, Huiyi Chen, Rachel Alpert, Annie Kastanek, Anjali Motgi, Ashley Callen, Michael Vernick, and Amanda Shafer Berman; Special Counsel Daniel Schwei; Associates Kara Brandeisky, Laurel Raymond, Jonathan Steinberg, Jonathan Marshall, Rachel Palermo, Logan Wren, Gabriela Romero, In Kyu Chung, Julian Buff, and Simone Hunter-Hobson; and Paralegals Annette Young, Cheryl Olson, Mary Patston, Sandra Gentile, and Natalia Glinzler.
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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