Experience

Summary Judgment in Employment Discrimination Case

Secured summary judgment in the Circuit Court of Cape Girardeau County, Missouri, for a university client in a heavily contested employment discrimination case. A former university coach claimed she was discriminated against based on gender stereotyping and implicit bias. Following numerous depositions and testimony from expert witnesses on both sides, the Court granted summary judgment for the university on all counts.

Successful Resolution in Ivy League Hazing Incident

Successfully resolved allegations made in connection a hazing incident at an Ivy League university on the East Coast. No criminal charges were filed and a small civil settlement was reached without admission of any liability.

Dismissal of Felony Charges in Fraternity Hazing Death

Obtained dismissal of felony charges in connection with a fraternity hazing death that occurred in Monroe County, Pennsylvania, involving a fraternal organization associated with a public college in New York. Client received a sentence of probation in connection with a misdemeanor violation.

Representation of U.S. Navy Midshipman in Honor Code, Conduct Violations

Represented of United States Navy Midshipman in connection with alleged honor code and related conduct violations at a military service academy. The Midshipman was cleared of any wrongdoing and permitted to graduate and be commissioned as an officer in the U.S. Navy.

Dismissal of Homicide Charges in Connection with Fraternity Death

Successfully defended fraternity member by obtaining dismissal of homicide and related charges in connection with the death of a pledge class member and fellow student at a major, public, research university.

Successfully Defended College in Discrimination Case Before the EEOC

Successfully defended EEOC charges alleging race and gender discrimination on behalf of private liberal arts college. 

Counsel on Early Retirement Offers for Professors, Staff

Counseled private liberal arts college regarding early retirement offers for professors and staff.

Ongoing Title IX Counsel for Liberal Arts College

Provided ongoing counsel to liberal arts college in Title IX investigations and issues.

Trial Counsel in $240 Million Suit for College Brought By Colorado Attorney General

Served as counsel in a first-of-its-kind, five-day preliminary injunction hearing, winning a complete victory for a large career college, in which the Colorado Attorney General’s office sought 21 separate, broad injunctions. Subsequently tried a four-week bench trial against consumer protection and lending claims where the Colorado Attorney General sought $240 million. The decision limited the State’s relief to $3 million.

Dismissal of Wrongful Termination Suit for University

Obtained dismissal of lawsuit brought in the U.S. District Court for the Eastern District of Missouri by the former employee of a university, who claimed wrongful termination in violation of the Americans with Disabilities Act and Missouri Human Rights Act.

Reversed Trial Court Decision on Appeal for For-Profit College

Represented for-profit college system in a wide-ranging consumer protection investigation brought by the Colorado Attorney General. Convinced the Colorado Court of Appeals to reverse a trial court decision that would have prevented the college from disclosing graduate employment statistics in accordance with accreditation standards. This ensured the college could present data on par with other colleges and universities. 

Summary Judgment for University in Mass Arbitration

Won summary judgment in favor of a private university in a mass arbitration brought by students claiming that the school had defrauded them into enrolling and withholding material information about the value of degrees awarded by the university. 

Reduced Financial Aid Liability for University

Represented a private university in the appeal of a United States Department of Education program review. The school had been ordered to refund over $500,000 due to problems found by the Department of Education in how the university verified student income and eligibility for financial aid. We drafted an appeal requesting that the department reduce the refund liability by $133,000 and grant the university an administrative hearing. The department accepted the appeal without hearing and agreed to the reduction in liability.

Structured Multimillion-Dollar, Multi-Year Sponsored Research Program and Joint Venture for Health Care Client

Structured a multimillion-dollar, multi-year sponsored research program and related joint venture, between a health care client and a leading research university. Structured budgeting and oversight mechanisms for research funding; structured LLC joint venture (JV) entity and related governance matters; completed licensing agreements and conducted analysis related to JV intellectual property ownership; all enabling future commercialization of intellectual property developed from funded research.

Representation of Higher Education Institution in Development of Training, Reporting Procedures

Represented higher education institution in development of training and reporting procedures related to Title IX sexual assault misconduct policies.

Contract Review for Liberal Arts College

Reviewed vendor contracts for private liberal arts college, including food service agreements, cable television agreements, campus maintenance agreements and telephone systems agreements.

Intellectual Property Investment and Due Diligence Analysis for University Covering Science, Engineering and Medical Fields

Analyzed intellectual property assets for technology commercialization investments and performed due diligence for patent infringement investigations for a large university client.

Filed University's First Ever Patent Applications

Filed the first ever patent applications for a university client. Worked with the university to create and implement internal intellectual property procedures for the client.

Prosecuted Patent Applications for Large University Client

Drafted and prosecuted patent applications relating to medical imaging technologies including CT, MRI, optical tomography and image processing.

Pharmaceutical Patent Portfolio for University

Managed pharmaceutical patent portfolio that includes filings in over 16 different countries. Worked with university and licensee on achieving patent protection worldwide.

Patent Preparation and Prosecution for Leading-Edge Technologies

Prepared and prosecuted patent applications on leading-edge technologies developed by research institutes, including new imaging and diagnostic methodologies for detecting diseases and monitoring treatment progresses.

Real Estate Development Agreements for University Medical Center

Represented a higher education client in drafting and negotiating numerous real estate development agreements that included the revitalization of two surrounding neighborhoods in St. Louis.

GDPR Compliance Program for University

Helped facilitate the design and implementation of all facets of international university’s General Data Protection Regulation (GDPR) program.

Restructuring, Reclassifying Endowment Funds for Liberal Arts College

Counseled private liberal arts college regarding restructuring and reclassifying endowment funds.

$46.6 Million Bond Financing for University

Served as bond counsel in a $46,690,000 bond financing for a university, in which the bonds were issued to refinance the university’s educational facilities.

Bond Issuance for Liberal Arts College

Served as counsel in bond issuance for liberal arts college to build additional student housing.

Sale of Assets of For-Profit Colleges

Served as sellers’ counsel in sale of substantially all of the assets of a for profit college, including counsel on regulatory and accreditation requirements and compliance.

Defense in Deceptive Marketing Campaign for Private School

Represented a private school in allegations brought by the Illinois attorney general claiming that their internet marketing campaign is inherently deceptive because of the search terms it bid on in its Google AdWords® account. Filed motions for summary judgment and obtained key concessions in depositions that negated the state’s theory. 

Defeat of 21 Injunctions Against Private University

Defeated a request by the Colorado attorney general for 21 separate injunctions sought against a private university. After a five-day preliminary injunction proceeding, the court rejected each of the state’s requests finding they had no reasonable likelihood of success on the merits. 

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