Universities and Colleges: Representative Experience

Endowment/Funds Litigation

Our representative matters include:

  • achieving a very favorable settlement for Harvard Private Capital Realty, Inc., Harvard’s endowment fund; DUMAC Inc., Duke University’s endowment fund; as well as other investors, in relation to a dispute with the former General Partner
  • representing an endowment fund and other investors in relation to a dispute with the former General Partner of certain Liquid Realty Partners funds
  • obtaining a complete dismissal and global releases of DUMAC investment vehicle, Blackwell, from putative class action shareholder litigation in Delaware Chancery Court related to certain conversion and voting caps in preferred stocks and warrants
  • negotiating very favorable settlements by DUMAC investment vehicle, Blackwell, in lawsuits in the Southern District of New York relating to “short-swing” profits cases under the federal securities laws
  • representing more than a dozen university endowments in a litigation relating to their investments in a hedge fund and achieving partial dismissal of several of the claims brought by an adverse party.

Sports Law

Our representative experience includes:

  • representing a national football team in an independent investigation conducted into allegations that a player was subject to harassment and other inappropriate behavior by other players on the team
  • advising a professional sports league and its member clubs in disputes arising out of players’ medical care and treatment, including representing a national football team in a $20 million lawsuit filed by a former player over a medical issue that allegedly ended his career and obtaining dismissal on behalf of another team of a grievance filed by a player seeking his lost earnings in connection with a pre-season injury
  • advising a major national baseball team on a wide range of labor and employment matters, including litigation defense, negotiation of collective bargaining agreements, and counsel in connection with an Equal Employment Opportunity Commission (EEOC) investigation
  • representing a major national baseball team on player-related matters, such as salary arbitrations, player disciplinary arbitrations and scouting disputes
  • leading an internal investigation for a major national baseball team into allegations of harassment brought by a former employee
  • obtained dismissal of an arbitration filed against a professional sports league contesting the disciplinary actions imposed on several players as a result of their participation in improper behavior
  • obtaining dismissal of a federal class action suit filed against a professional sports league by ten former players, along with more than 750 retained plaintiffs, who sought damages for alleged injuries suffered as a result of their use of painkillers and other prescription drugs over the course of their playing careers. Among other things, the former players attempted to allege that league physicians and trainers, at the direction of the league, prescribed medications without proper warnings or prescriptions, and that the league negligently hired and retained these personnel.

Grants and Procurement Compliance

Our representative experience includes:

  • assisting universities with pursuing grants, commenting on rulemakings, and advising on grant compliance
  • advising a university flight school on Federal Aviation Administration (FAA) compliance issues
  • advising various universities and other non-profit research entities on matters related to compliance with applicable federal statutes and regulations governing federally funded contracts/grants
  • advising grant recipients on compliance with the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, Titles VI and VII of the Civil Rights Act, the Buy America Act, the Byrd Amendment.
  • advising university on obtaining a facility security clearance for performance of classified contracts
  • advising consortium of for-profit and universities on Department of Energy cooperative agreement terms and conditions.

Construction and Sustainability

Our representative experience includes:

  • representing Dormitory Authority of the State of NY on dorm construction contracts and disputes
  • advising clients on energy savings performance contracts
  • advising clients on green building requirements imposed by General Services Administration.

Cybersecurity, Privacy and Data Protection

Our representative matters include:

  • advising an international campus of a U.S.-based university on comprehensive cybersecurity compliance and privacy programs
  • providing legal counsel to a New York-area college in connection with its information cybersecurity risk assessment and mitigation efforts
  • representing a think tank in a congressional inquiry into a recent hack of its tax filing system
  • assisting the California teams of a professional sports league in revamping materials relating to a newly implemented electronic medical record (EMR) system to ensure compliance with California law, including the California Confidentiality of Medical Information Act (CMIA). Our work included tailoring policies and procedures, business associate agreements, and other forms and notices to address the unique rigors of California health information privacy laws
  • advocating for changes to pending legislation concerning the use and disclosure of health information
  • monitoring student privacy legislation and conducting cybersecurity risk management for an educational technology company.

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