Hunton Andrews Kurth LLP understands that institutions of higher education, including colleges, universities, and other private schools (IHEs) are complex organizations with unique populations and missions. IHEs face issues that require efficient, effective leadership, management, high-level decision making, and problem solving skills—similar to those needed by a large town or city. We know these organizations turn to external partners for advice, guidance, and counsel when they need support; often lawyers with IHE experience and the benefit of protections like the attorney-client privilege.

We have the accomplished attorneys and deep well of resources vital to provide creative risk and crisis management; skillfully plan, prepare for, and preempt difficult situations; adeptly handle pitfalls when they materialize; and mitigate legal, regulatory, compliance, and ethical issues that confront IHEs. Our approach focuses on responsiveness to clients, seamless integration with in-house teams, practical solutions based on common sense, and meeting our clients’ strategic goals.

Our services include the following:

Higher Education Finance

Hunton Andrews Kurth has a long history of working with college and university systems to finance their operations. Our capital markets and public finance lawyers help IHEs address significant state and federal tax law issues that affect governmental and tax-exempt financing for private and public entities.

Our IHE related work includes advice to educational institutions financing capital projects through governmental conduit issuers and advice to, or on behalf of, 501(c)(3) corporations created on behalf of state educational institutions as facilitators of capital projects on or around university campuses. The security may be leasing arrangements with the State Board of Regents or revenue streams from foundation collections. Transactions are treated as 501(c)(3) financings and we are involved in structuring, tax diligence, and instruction on monitoring compliance post issuance.

We also serve as counsel to the university, bond counsel, and counsel to the underwriters on taxable and tax-exempt financing transactions for IHEs, including both unsecured and secured transactions, a multiyear debt issuance program, and “century bond” offerings.

Tax

We offer comprehensive tax counseling and controversy services to tax-exempt organizations and public institutions, including IHEs. We provide guidance on: corporate governance and fiduciary duty issues; executive compensation and director fees; acquisitions, dispositions, spin-offs, mergers, for-profit and nonprofit conversions, joint ventures, and other transactions; tax audits, litigation, alternative dispute resolution, and other controversies; internal investigations and embezzlement; fundraising and charitable solicitation issues; unrelated business taxable income; exemption requirements for tax-exempt entities; IRS and state tax reporting; and private inurement and private benefit issues.

Mergers and Acquisitions (M&A)

Our M&A practice helps business leaders navigate the increasingly complex M&A path, from initial consideration and negotiation of a deal, through due diligence and regulatory approvals, to project completion and post-closing integration. We pride ourselves on longstanding institutional relationships, having worked with many clients for years as a tactical advisor, executing on strategic acquisition and divestiture programs. Our clients include IHEs and other non-profit entities in the education, health care, trade association, and government sectors.

Our experience includes M&A transactions involving educational technology companies seeking to provide degrees, testing, and training solutions to students online; representing IHEs in real estate acquisitions, dispositions, leasing, financing, and development, including student housing and multifamily apartments, research parks, and other educational facilities; and serving as transactional and regulatory counsel for university health care systems in mergers, joint ventures, or other affiliations with hospitals and physician practices.

Construction, Real Estate, and Stadium Development and Finance

IHEs and private schools rely on Hunton Andrews Kurth to help them break ground. Our real estate and environmental teams work closely with developers and related parties to design and obtain permits and finance and construct facilities projects that promote interaction and enhance the community as a whole. From corporate campuses and student housing, to stadiums, arenas, and sports facilities, to research hospitals and retail space, our clients create society-enriching projects.

We understand condensed construction schedules, complex financing, the role of governing boards, and the pertinence of nonprofit regulations, and use that knowledge to predict and overcome risks and challenges in this type of matter. Particular focus areas include financing, purchasing, refinancing, and restructuring of existing assets; tax exempt financing, as both bond and borrower counsel; development agreements and ground leases for third party development on campus land; permits and approvals for development and use of institutional facilities from state and local boards, agencies, and authorities; leases and licenses for use of campus facilities and for use by institution of off-campus property; public finance, lending, and private equity and sponsorship funding for stadiums, arenas, and other facilities (and the sale of personal seat licenses, luxury suites, and hotel room licenses in connection with such facilities); acquisitions, sales, grants of easements, and reciprocal use agreements; public procurement for the disposition of real estate or services to or from municipalities; environmental regulatory compliance, permitting, site investigations, and cleanups; due diligence for business transactions; facilities and laboratory operations; construction contracts and disputes; and land use litigation.

Environmental

With a practice that includes a former senior attorney and a former general counsel for the US Environmental Protection Agency (EPA), a former federal prosecutor for the US Department of Justice (DOJ) and judge advocate with the US Coast Guard, a former environmental litigator at the DOJ, and more, we have extensive environmental agency, policy, regulatory, and enforcement knowledge that we use to help IHEs address complex environmental matters. We advise IHEs on environmental aspects of business and real estate transactions, conducting due diligence, negotiating liability allocations, and efficiently resolving post-closing environmental issues. We also handle contribution actions, structure compliance audits to obtain penalty mitigation under environmental disclosure programs, and defend clients in government enforcement cases. Our team stays current on the changing environmental regulatory and litigation landscape and develops tailored solutions to protect against liability.

Government Relations, Strategic Communications, and Economic  and Workforce Development

Hunton Andrews Kurth’s full-service public affairs consultancy is comprised of lawyers, former corporate and government executives, and legislative, lobbying, policy, communications, and economic development professionals—including the current rector of a major public university, the former rector of a high-profile public Ivy, and current or former members of the governing boards of small and large public and private colleges and universities. This team provides clients with the skills, discretion, and experience to protect reputations and make voices heard in public policy debates.

Our wide-ranging practice offers strategic experience developed over decades for IHE clients on a variety of projects. As a result, we are able to help IHEs face legislative, regulatory, policy, and litigation challenges; respond to crises; protect their brands; and ensure their views are heard in Congress, before regulatory agencies, in state capitols, and among state Attorneys General. We also counsel IHEs on how to capitalize on opportunities to partner with private sector businesses and local and state economic development professionals to support investment and job creation.

Attorney General Practice

Our firm’s longstanding state Attorney General practice supports our IHE clients. Attorneys General occupy a unique position in matters where the interests of higher education and public policy intersect, often representing public colleges and universities. Hunton Andrews Kurth is regularly hired by Attorney General offices to defend the interests of state agencies and officials, including those in higher education. Our reputation among Attorneys General is strong due to the longevity of our practice and our personnel. Our team includes a former Attorney General of Massachusetts, a former Solicitor General of West Virginia, a former Acting Solicitor General of Virginia, and others familiar with the unique pressures, institutional interests, and legal doctrines relevant in representing public bodies.

Management of Risk, Crises, Compliance, and Safety and Security

We are experienced with risk, crisis, and compliance failures, and provide comprehensive analysis and advice to prepare, plan for, and avoid risks and reputational issues; manage risks that materialize or turn into crises; and remediate and mitigate when IHEs face difficult situations. Our attorneys work closely with and engage in partnerships with non-legal safety and security consultants, crisis and risk managers, communications professionals, and public and private law enforcement and safety and security professionals to identify, assess, and develop effective response plans for threats to the safety and welfare of educational communities, especially for matters involving bad behavior, misconduct, threats, acts of violence, and financial failures. We counsel on crisis, reputation, and image management; media, government, and public relations strategies; litigation avoidance and dispute resolution; executive leadership; reputational harm related to disciplinary and speech related issues; and compliance assessments, including individual or group interviews.

Labor, Employment, and Employee Benefits

IHEs have large, diverse workforces, often represented by labor unions that require special experience and skillsets. The higher education employment model is subject to adjustments and dramatic shifts, with fierce competition for top administrative, research, and academic leadership. And the changing economics of education require an increased reliance on part-time and adjunct faculty with a demand for greater job security and benefits.

Our experienced labor, employment, and employee benefits lawyers help IHEs meet these challenges head on. We work with clients to develop, document, implement, and manage employment policies, compensation and benefits plans, and retirement plans. We work with key administrators to negotiate individual and executive employment agreements, represent individuals and institutions in applying for and obtaining immigration visas for highly qualified staff, and provide strategic counsel to help address, prevent, or minimize the impact of organized labor movements on campus.

Intellectual Property (IP)

We understand that IP is more than just a collection of patents and trademarks—it’s the backbone of innovation and a critical asset for IHEs seeking to foster research, safeguard discoveries, and drive economic growth. IHEs face unique challenges in managing, defending, and leveraging IP portfolios. Just as business has gone global, institutions are facing greater competition across national borders and often must address the regulatory regimes of numerous countries. Research and development activities, long a source of federal funding and licensing income, now bring a host of IP-related issues. Joint ventures and research partnerships are crucial to the missions of many IHEs but can also give rise to disputes over IP ownership, licensing terms, and other matters. We understand these partnership concerns and structure agreements that seek to shield IHE IP, minimize risk, and avoid conflicts, while fostering innovation and collaboration.

We offer a full spectrum of IP counsel to ensure that IHE IP assets are vigorously protected, preserved, and strategically utilized. Our Hunton Andrews Kurth IP practice works with IHE innovators to protect, defend, obtain, monetize, and avoid infringing patent, trade secret, trademark, trade dress, trade name, copyright, and digital rights.

Informed by decades of practice and real-world technical experience, we approach each IP portfolio as part of an overall business plan and develop a tailored strategy for every client. Our team provides comprehensive, multidisciplinary services designed to handle the most pressing IP issues facing our clients, including prosecution, portfolio management, licensing, litigation, post-grant proceedings, UDRP proceedings, advertising compliance, unfair competition, rights of publicity or privacy, trade secret protection, and due diligence. We manage the full life cycle of IP assets, and develop strong, defensible portfolios that align with each client’s specific goals. We have the resources to respond quickly and forcefully to client needs, regardless of area of practice, venue, or technology, and litigate complex, high-stakes disputes that often involve cutting-edge technologies and legal theories.

Governmental and Internal Investigations, Sexual Misconduct, and Hazing

As communities with distinct populations where students live, learn, work, compete, socialize, and develop, IHEs strive to provide the best environment—but we know that events may transpire between students, faculty, or staff that require outside legal counsel. Allegations of academic, sexual, or financial misconduct, discrimination, bias, harassment, bullying, and hazing can warrant both internal and external investigations.

We have extensive experience representing IHEs in these circumstances—including in state and federal government investigations specific to IHEs—and are sensitive to the issues such situations can present related to free speech, security and safety, and student privacy on campus. We recognize when there is a need for Upjohn Warnings and considerations of legal privileges. We work with local, municipal, and state agencies, including Attorneys General, and federal agencies, including the DOJ and the DOE/OCR, to address alleged violations of Titles IV, VI, VII, and IX. We help athletic teams and Greek organizations devise and establish training, prevention, and risk management programs before allegations arise, and—when potential misconduct is identified—work closely with institutional stakeholders, student groups, community organizations, and law enforcement officials to provide victim support and coordinate investigative efforts. We also provide crisis management counseling and advice on public and alumni relations.

Our team includes former prosecutors, government affairs professionals, and a professor of criminal justice with significant experience conducting independent, confidential compliance reviews and investigations. We will navigate you through the investigative process with the goal of achieving the best possible resolution under the circumstances.

State and Federal Laws and Regulations—Titles IV, VI, VII, and IX

We counsel IHEs on matters involving state and federal legal, regulatory, and compliance authorities, including civil rights compliance with Titles IV (federal financial aid), VI (public programs and services discrimination), VII (employment discrimination), and IX (sex-based discrimination), VAWA, ADA; athletics compliance; and compliance with other laws and regulations related to discrimination, harassment, sexual harassment, and retaliation. We work with IHEs to draft compliance policies, procedures, and protocols; train faculty, staff, and students; conduct investigations, including with respect to claims of sexual violence; serve as hearing officers; provide litigation defense for respondent and complainant claims; and assist with agency investigations and federal audits.

NCAA and Sports

College athletics are in a dynamic state, and Hunton Andrews Kurth has developed a prevention program to help prepare participants for challenges that come with athletic success. Student athletes, coaches, administrators, and institutions face financial and reputational risks when individuals engage in negligent, reckless, thoughtless, or destructive behavior. We provide training on criminal laws relating to misuse of drugs and alcohol, sexual assault, domestic violence, and gambling; financial benefits and incentives; academic standards; social media and Internet-based communications; use of celebrity for personal gain; and more. When allegations of misconduct arise, we work with clients to conduct internal investigations, cooperate with law enforcement and college athletics officials, and develop effective media-relations strategies.

Further, Title IX and gender equity, NCAA compliance, and litigation and employment issues related to intercollegiate athletics can have broad ramifications for IHEs and implicate concerns for institutional risk and financial and reputational stability. We are experienced with the impact of NCAA (and NAIA) rules, regulations, and related laws and provide counsel on compliance reviews, policies, and strategic plans; training; rules infraction cases; coach executive contracts; and compensation.

Privacy and Cybersecurity

Information is a powerful asset to IHEs in today’s digital economy, but there are particular challenges accompanying the collection, use, and disclosure of personal information regarding IHE students and employees.

Hunton Andrews Kurth’s nationally recognized global privacy and cybersecurity practice helps IHEs manage data at every step of the information life cycle and address the cybersecurity risks associated with the theft of valuable personal information. We have assisted clients with more than 3,000 data breaches worldwide. We advise clients on aspects of privacy and cybersecurity including compliance with US federal and state information security requirements; compliance with international data protection laws; comprehensive “breach coach” assistance in managing activities associated with a significant cybersecurity incident or data breach; reducing the risk of a cyber event, from security planning and developing proactive to breach-readiness solutions, including incident response and tabletop exercises; assistance with dispute resolution regarding cyber incidents and data breaches; assistance to organizations that are the subject of cyber investigations led by the FBI and Secret Service; enforcement actions by the FTC and state Attorneys General; insurance coverage; and litigation. The team counsels on US state and federal privacy requirements, as well as global data protection laws (including in the EU, Asia, and Latin America), and advises on regulatory investigations by state Attorneys General, the FTC, SEC, and international data protection authorities.

We also build global privacy programs designed to comply with domestic and foreign legal requirements. This includes conducting privacy impact assessments and advising on managing risk in connection with extensive and innovative data collection and use, including with AI and ML. In coordination with our global outsourcing and tech transactions team, we also regularly negotiate privacy and data security provisions of complex commercial and technology-related contracts and help design robust vendor management programs. We also provide guidance on First Amendment and academic freedom issues, and regularly represent clients in appeals heard before federal and state appellate and supreme courts.

Global Outsourcing and Tech Transactions

Our lawyers who specialize in contracting, outsourcing, technology, and commercial contracting matters assist IHEs with global outsourcing and technology transactions. We draft contracts and other corporate agreements and conduct due diligence and legal research. We offer IHE clients innovative, value-driven solutions to challenging information technology outsourcing (ITO), business process outsourcing (BPO), procurement, licensing, commercial contracting, IT outsourcing, overall IT contract negotiation, software audit, IP, and data management issues. We focus on information technology, business processes, sourcing and system integration and implementation, e-commerce, commercial contracting, and IP matters—as well as on the implementation and integration of social media, mobile technologies, analytics and cloud computing services (SMAC), licensing, manufacturing, supply, distribution, and complex services agreements and multi-country joint ventures, and technology transactions for IHEs.

Health Care Transactions and Corporate Governance

Hunton Andrews Kurth works with academic medical centers and university-affiliated health care systems on clinical joint ventures, restructuring academic affiliations, government investigations, internal compliance investigations, technology transfer and licensing transactions, physician compensation, purchased services arrangements, facility development and construction projects, leasing arrangements, and litigation. We understand the diverse constituencies that comprise today’s academic medicine and the critical importance of accountability to stakeholders. Our health care team routinely works with other firm lawyers to address issues related to clinical research, governance, regulatory compliance, reimbursement, IP, bioethics, privacy, real estate, and novel transactional structures, using knowledge and experience to navigate the unique regulatory environment in which IHEs operate and to seek efficient, cost-effective results grounded in our clients’ objectives.

Memberships and Affiliations

Hunton Andrews Kurth is an active member of the National Association of College and University Attorneys (NACUA) and several city and state bar associations and affinity section groups focusing on higher education issues.