BetsyHenthorne

As institutions of higher education prepare for the 2026-2027 academic year, colleges and universities remain in the federal regulatory spotlight. Key areas of expected federal regulatory and enforcement activity include Title VI, federal grants and contracts, accreditation, immigration, foreign gifts and contracts, student loans, gender identity and Title IX, college athletics, and antitrust. Understanding and anticipating these developments will help institutions navigate new compliance obliga

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:

On April 29, 2026, the US Supreme Court issued a unanimous opinion in First Choice Women’s Resource Centers, Inc. v. Davenport, No. 24-781, holding that a subpoena demanding information about a nonprofit’s donors injured the organization by burdening its First Amendment right to freedom of association. The Supreme Court held that the mere issuance of the subpoena, even though it had not yet been enforced by a court, injured First Choice for purposes of Article III standing. The Court reasoned th

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. 

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.

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

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

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

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

The Department of Justice has quietly created a new power center that will expand its ability to pursue investigations and bring politically charged lawsuits against both corporations and state actors. For companies navigating federal scrutiny across multiple regulatory fronts—from consumer protection to immigration—this shift could reshape how enforcement risk manifests in 2026 and beyond. Below, we discuss what this shift means—and how your organization should be preparing in anticipation of a

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.

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.

In an article published on Westlaw via Reuters, Partners Carolyn Small and Betsy Henthorne and Associate Rebekah Lee examine the Department of Justice’s newly launched Civil Rights Fraud Initiative and the growing enforcement risks it poses for organizations that receive federal funding and operate diversity, equity, and inclusion (DEI) programs.

In major back-to-back victories for research in quantum computing, AI, cybersecurity, semiconductors, and other technologies vital to national security and competitiveness, Jenner & Block secured critical court orders halting federal funding cuts at US universities. 

On May 19, 2025, United States Deputy Attorney General Todd Blanche circulated a memo to the Department, announcing the establishment of the Civil Rights Fraud Initiative, an effort aimed at leveraging the civil False Claims Act (FCA) and its qui tam provisions, which authorize whistleblowers to bring federal civil rights enforcement against entities who “defraud the United States by taking its money while knowingly violating civil rights laws.” This multi-component initiative, co-led by the Fra

Jenner & Block, the American Civil Liberties Union, and ACLU of D.C. are challenging the Federal Bureau of Prisons (BOP) for unlawfully incarcerating people longer than the law allows.

As part of the firm’s annual Realty Rendezvous event, Jenner & Block lawyers participated in a panel titled “What the Death of Chevron  Means for Real Estate & Hospitality,” in which they examined the overturning of the 40-year-old Chevron doctrine and the significant uncertainty it injected into the regulatory landscape.  

Join us for the return of The Realty Rendezvous! On November 19th, we will gather leaders in the real estate and hospitality industry to discuss trends and hot topics impacting our clients, including the potential impact of the 2024 election. If you are able to join in person, we hope you will stay for a networking reception following the programming.

September 19, 2024 – WASHINGTON, DC: Betsy Henthorne, an experienced litigator and former senior US Department of Justice (DOJ) official, has joined Jenner & Block as a Partner in its Washington, DC office. Betsy, who clerked for Justice Kagan on the US Supreme Court and Chief Judge Srinivasan on the DC Circuit, adds more than a decade of government and litigation experience to the firm’s Litigation Department.