Experience

Structured $100 Million Sponsored Research Program and Joint Venture for Health Care Client

Structured a $100 million 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.

GDPR Compliance Program for University

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

Ongoing Title IX Counsel for Liberal Arts College

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

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.

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. 

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.

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.

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.

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. 

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.

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. 

Counsel on Early Retirement Offers for Professors, Staff

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

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. 

Bylaw Amendments for Private University Relating to Governance Restructuring

Drafted extensive bylaw amendments for a private university regarding fundamental governance restructuring.

Bond Issuance for Liberal Arts College

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

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.

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.

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.

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. A decision in the matter is pending.

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. 

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.

Resolved Significant Regulatory Issue After Entity Invalidated by DSS

Resolved a significant regulatory issue for a large publicly traded company after the newly acquired entity was invalidated by the U.S. Government (Defense Security Service). 

Favorable Ruling for University Granting 11th Amendment Immunity

Obtained favorable ruling in U.S. District Court for the Eastern District of Missouri granting employer 11th Amendment Immunity from future litigations.

Dismissal of Fraud, MMPA Case Against College Owner

Secured dismissal of a case against the owner of a career training college after the college closed abruptly. The plaintiffs filed suit for fraud and violations of the Missouri Merchandising Practices Act alleging the college and its advertisements knowingly made false representations of student outcomes. After obtaining depositions from the two plaintiffs where they admitted they had no contact with the client, we also obtained sworn affidavits from former employees saying the client had no part in the day-to-day operations of the college or the drafting of its advertisements. The plaintiffs were unable to find witnesses to say otherwise and voluntarily dismissed the case.