Home > Services > Higher Education

HIGHER EDUCATION

Thompson Coburn’s higher education practice features a group of skilled attorneys who dedicate all (or a majority) of their time to serving institutions of higher education. Our practitioners have extensive experience managing legal and policy matters for postsecondary institutions, and include individuals who have worked in-house at colleges and universities and hold advanced degrees in education. We are fully and intentionally committed to serving higher education, and grateful for the opportunity to do so.  

The scope of our higher education practice is broad, and includes corporate, regulatory, and litigation services, among others. These legal services are complimented and further enhanced by our significant lobbying and policy experience in the higher education space. Our attorneys leverage their knowledge and experience to deliver insightful, creative, and efficient legal advice across a wide range of issues, including those involving students, faculty and staff, facilities, academics, governance, and operations. We routinely offer general counsel, compliance, and training services to small and mid-size institutions of higher education, while providing specialized services to large institutions with in-house legal departments.  Our clients include public, private non-profit, and proprietary institutions of higher education. We also periodically represent organizations that provide academic, financial, or operational services to postsecondary institutions. 

Foundational to our higher education practice is our intimate knowledge of the postsecondary regulatory environment. Our higher education attorneys are valued for their understanding of the particular laws and standards that govern institutions of higher education, including requirements relating to student financial aid programs (Title IV, GI Bill), anti-discrimination laws (Title IX, ADA), privacy and security (FERPA, GLBA), state authorization and reciprocity (NC-SARA), and institutional and programmatic accrediting standards. Our attorneys have supported (and served as) negotiators during federal rulemakings, prepared talking points and comments in response to draft and proposed rules, and represented institutions in administrative proceedings before state licensing entities, accrediting agencies, and the U.S. Department of Education. This regulatory experience informs and strengthens every aspect of our service to institutions of higher education, whether transactional, adversarial, or advisory.  

We have an extremely active higher education mergers and acquisitions practice. Our attorneys have experience structuring, negotiating, documenting, and implementing merger, asset acquisition, stock acquisition, joint venture, and religious sponsorship and affiliation transactions for both nonprofit and proprietary higher education clients. In recent years, we also have managed numerous non-traditional arrangements, including for-profit to non-profit conversions and the acquisition of distressed institutions.  

In addition to providing legal services, our attorneys regularly create complimentary higher education resources for the postsecondary community. These resources include posts from our higher education blog (REGucation), as well as advisories, desk guides, whitepapers, and webinars designed specifically to assist our institutional clients with navigating the complexities of the postsecondary regulatory and policy environment. Our attorneys also are active in a range of higher education organizations, serve on various institutional and organizational boards, and frequently write and speak on topics relating to higher education policy and regulation.

Assisted in creation of Lindenwood Education System and acquisition of Dorsey College

Thompson Coburn’s higher education practice, assisted by attorneys throughout the firm, supported the transformation of Lindenwood University into Lindenwood Education System, a private, non-profit university system that now includes both Lindenwood University and Dorsey College. Lindenwood University is a 190-year old liberal arts university located in Saint Charles, Missouri. Dorsey is the oldest career college in Michigan, serving more than 1,800 students across eight campuses in the state. The creation of the System and the subsequent acquisition of Dorsey was a complex and multi-faceted process that required a cross-office, cross-practice effort from the Thompson Coburn team.

Forbes characterized the deal as “big and important for several reasons.”  In recent years, a number of for-profit colleges and universities have been acquired by traditional, non-profit institutions of higher education.  However, in most cases, the buyer was a public institution and the acquisition target predominantly offered degree programs through distance education (e.g., Kaplan University, Ashford University, Grantham University).  The “selling” institutions also were typically assimilated into the public university brand and structure post-closing.

In this case, the acquiror is a private, non-profit, and the target is a career school with multiple, physical campus locations.  Perhaps more significantly, the transaction heralds the emergence of the private, non-profit postsecondary system, a group of affiliated institutions that operate under their own brands, offer their own programming, and serve their own student populations.


TCLE

ED’s Proposed Financial Value Transparency and Gainful Employment Rule

Safeguarding the Data and Your Compliance Program – USED and GLBA

A review of ED’s new third-party servicer guidance and suggestions for public comment

The Higher Education Regulatory Outlook for 2023

ED’s Proposed Borrower Defense to Repayment Rule: A Detailed Examination

ED’s New Title IX Rule: A Careful Review and Suggestions for Public Comment

ED’s Increased Scrutiny of College Contracts with Online Program Managers

Responding to Student Borrower Defense to Repayment (BDR) Claims

The Higher Education Regulatory Outlook for 2022

The Revised FTC Safeguards Rule - What It Means and Why It Is More Important Than You Might Think

Best Practices and Risk Considerations Relating to Summer Camps on Campus

Mandatory COVID-19 Vaccines in Postsecondary Education

Postsecondary Institutions: Business Considerations

Examining ED’s Incentive Compensation Rule

Higher Education Transactions: Valuation & Structure

CMMC and 800-171 in Government Contracting and Higher Education

The Regulatory Outlook for Higher Education

Protecting the Ever-Increasing Endpoints in Higher Education

Analyzing ED’s New Distance Education Rule

Title IX Module 6: Title IX Appeals

Title IX Module 5: Title IX Determinations

Title IX Module 4: Title IX Hearings

Title IX Module 3: Title IX Investigations & Informal Resolutions

Title IX Module 2: Formal Complaints of Title IX Sexual Harassment

Title IX Module 1: An Introduction to Managing Title IX Sexual Harassment on Campus

Getting Ready for USED’s New Student Disclosure Requirements

USED’s New Title IX Rule: A Detailed Examination

The CARES Act for Higher Education: Strategy and Implementation

Contingency Planning for Distressed Institutions of Higher Education

Higher Education & Immigration: Five Evolving Areas to Watch

Recent Court Decisions in Student Disputes That You Should Know About

A Year-End Roundup of USED Rulemaking Activity

Merging Institutions of Higher Education: Corporate and Tax Considerations

An Examination of ED's New Borrower Defense Rule: Financial Responsibility and Related Reporting Requirements

An Examination of ED's New Borrower Defense Rule: The Borrower Defense Claim Process

Colleges Held for Ransom: Responding to a Ransomware Attack

Examining the USED Approval Process for Higher Ed Mergers and Acquisitions

A Midsummer Update on USED Rulemaking Activity

Charitable Giving for Institutions of Higher Education

Advertising and Communications for Institutions of Higher Education

Intellectual Property Primer for Higher Ed Institutions

Guidance on Borrower Defense Regulations

The Road from the Final Four

USED’s Proposed Title IX Rules: A Detailed Examination

Mergers and Acquisitions in Higher Education: Key Points of the Letter of Intent

Minimizing Litigation Risk As To Student-Related Disputes

Notice of Proposed Rulemaking on Borrower Defense

Disclosure Requirements for Online and Distance Professional Licensure Programs

Borrower Defense Rule: Negotiated Rulemaking Session 3

Borrower Defense Rule: Negotiated Rulemaking Session 2

Borrower Defense Rule: Negotiated Rulemaking Session 1

Gainful Employment Disclosures and Student Warnings

New Audit Guidelines for Higher Educational Institutions

Final Borrower Defense Rule Webinar Series

Borrower Defense Rule Webinar Series

Gainful Employment Webinar Series

Competency-Based Education

The Clery Act

National Policy Perspectives on Cybersecurity

Blog Posts

ED's new rule to decide and disclose the “financial value” of every Title IV program at every school

90/10 rule compliance strategies and considerations for proprietary institutions of higher education

ED further delays third-party servicer guidance, clarifies significant policies

FSA issues GLBA Safeguards Rule guidance

ED issues significant third-party servicer guidance and launches review of Incentive Compensation Rule

Title IX update: Important new ED guidance concerning pregnancy

Consumer Financial Protection Bureau tells institutional lenders to cease withholding transcripts

Compromise and Settlement Authority

Department of Education proposes sweeping revisions to Borrower Defense to Repayment rule

Department of Education agrees to mass granting of BDR applications to settle lawsuit

Publications

Illinois Appellate Panel Upholds Employer Defense Against Employee BIPA Claims: Union Employee BIPA Claims Preempted by Federal Labor Law

EEOC issues new guidance on COVID-19 vaccinations in the workplace

A look at recent student athlete name, image and likeness legislation

Will the Higher Education Act be reauthorized in 2018?

News

JD Supra names Aaron Lacey a 2023 Readers’ Choice Top Author for Education

Jim Shreve talks cybersecurity and higher education with University Business

Thompson Coburn client Charles Rice wins 2020 Nobel Prize for Hepatitis C Virus discoveries

Claire Schenk imparts life (and rock climbing) advice in UMSL commencement speech

Bob Wallace launches sports podcast After the Buzzer

Bill Bay elected chair of the ABA House of Delegates

Higher ed webinar series provides insider’s look at borrower defense rulemaking

U.S. Department of Education taps Aaron Lacey to help negotiate rewrite of controversial ‘borrower defense’ rule

Bill Bay receives Spurgeon Smithson award

Rhonda Thomas listed in Crain’s Chicago Business among ‘Most Influential Women Lawyers in Chicago’

Bill Bay to receive Distinguished Lawyer Award at 2017 Law Day festivities

Rhonda Thomas to receive the University of Missouri School of Law Citation of Merit Award

Emily Wang Murphy appointed to Lawyers Have Heart board

Bill Bay named a 2016 ‘Excellence in Law’ award winner by St. Louis Magazine

Congratulations to our 2017 ‘Lawyers of the Year’

Thompson Coburn's lobbying group honored as among the top in the nation

Bill Bay elected to American Law Institute’s class of 2016

Webinar series to help higher ed navigate gainful employment regulations

Thompson Coburn earns corporate counsel recommendations five years running in national report

Aaron Lacey, Chris Murray author paper on regulatory hurdles for competency-based education

U.S. Olympic Committee appoints Ken Salomon to ethics committee

Tom Minogue named chair of University of Missouri-St. Louis board

Lori Jones elected to American College of Employee Benefit Counsel

Rightsizing the Right Way: Restructuring and Realignment in Higher Education

Chris Murray named to National Law Journal’s '40 under 40'

University of Missouri refinances $300 million in outstanding bonds

UMSL Research & Innovation Week to feature Tom Schlafly presentation

Steve Ritchey publishes article on patent basics for American Ceramic Society

Higher education attorney Aaron D. Lacey joins Thompson Coburn

Bob Wallace article: What’s acceptable behavior in the sports workplace?

Tom Minogue speaks at UMSL's 50th anniversary dinner

Ouster of Rutgers coach, athletic director highlights risks for universities

Lobbying & Policy group revs up with first three clients

Thompson Coburn launches new bipartisan Lobbying & Policy group in Washington, D.C.

Partner
St. Louis

Bill represents major corporations in high-stakes litigation in state and federal courts across the country.

Bill represents major corporations in high-stakes litigation in state and f...

Bill Bay
Partner
St. Louis

Ed serves as a key tax advisor to companies embarking on any type of corporate restructuring, from acquisitions and dispositions to spinoffs and management changes.

Ed serves as a key tax advisor to companies embarking on any type of corpor...

Ed Buchholz
Associate
St. Louis

With previous experience in higher education and secondary school administration and a master's degree from Harvard Graduate School of Education, Stephanie is keenly awar...

With previous experience in higher education and secondary school administr...

Stephanie Cohan
Partner
St. Louis

Jeff helps all types of businesses navigate complex litigation, arbitration, class action, regulatory, and transactional matters in venues across the country.

Jeff helps all types of businesses navigate complex litigation, arbitration...

Jeff Fink
Partner
St. Louis

Garrett counsels banks, financial institutions and other businesses on a variety of tax credit, commercial transaction and regulatory issues.

Garrett counsels banks, financial institutions and other businesses on a va...

Garrett Fischer
Senior Counsel
St. Louis

Dean has extensive first chair trial experience, limiting his practice to intellectual property and commercial litigation.

Dean has extensive first chair trial experience, limiting his practice to i...

Dean Franklin
Partner
Washington, D.C.

A former deputy general counsel for a private university, Scott understands the unique challenges that our higher education clients face and how to best help them achieve...

A former deputy general counsel for a private university, Scott understands...

Scott Goldschmidt
Partner
St. Louis

Ed is a veteran litigator and head of the Firm's Antitrust Practice Group.

Ed is a veteran litigator and head of the Firm's Antitrust Practice Group.

Ed Harvey
Associate
St. Louis

Eric is an associate in the Firm's business litigation and higher education groups.

Eric is an associate in the Firm's business litigation and higher education...

Eric Hogrefe
Partner
St. Louis

Chris leads complex litigation and class action defense for a host of major corporations in the financial services and agriculture industries.

Chris leads complex litigation and class action defense for a host of major...

Chris Hohn
Partner
St. Louis

Larry practices in the Firm's private client services area and is a frequent speaker around the country to professional groups.

Larry practices in the Firm's private client services area and is a frequen...

Larry Katzenstein
Partner
Chicago

David is Co-Chair of the Firm's Corporate and Securities Practice Group.

David is Co-Chair of the Firm's Corporate and Securities Practice Group.

David Kaufman
Senior Counsel
St. Louis

Sara is a trusted legal advisor to public entities, nonprofit borrowers, investment bankers and bankers in a wide variety of public financing and lending transactions.

Sara is a trusted legal advisor to public entities, nonprofit borrowers, in...

Sara Kotthoff
Partner
St. Louis

The Chair of Thompson Coburn's Higher Education Practice, Aaron assists institutions to navigate a wide range of complex legal and regulatory matters.

The Chair of Thompson Coburn's Higher Education Practice, Aaron assists ins...

Aaron Lacey
Partner
St. Louis

Mike focuses his legal practice on public finance, corporate law, business transactions, governmental and nonprofit law.

Mike focuses his legal practice on public finance, corporate law, business ...

Michael Lause
Partner
St. Louis

Rick advises companies and individuals on a variety of federal (domestic and international), state and local tax matters.

Rick advises companies and individuals on a variety of federal (domestic an...

Rick Lawton
Partner
Chicago

Susan is a highly experienced employment law attorney who serves as a seamless extension of her clients' HR and in-house legal teams.

Susan is a highly experienced employment law attorney who serves as a seaml...

Susan Lorenc
Partner
St. Louis

Sonette is a highly experienced litigator and business advisor who counsels corporate clients on all phases of commercial litigation in state and federal courts throughou...

Sonette is a highly experienced litigator and business advisor who counsels...

Sonette Magnus
Partner
St. Louis

Steve serves as a trusted advisor to financial institutions engaged in all types of public finance and lending transactions.

Steve serves as a trusted advisor to financial institutions engaged in all ...

Steve Mitchell
Partner
Washington, D.C.

Clients have consistently praised Emily for her "practical, common sense solutions" and "natural instincts" for deal flow.

Clients have consistently praised Emily for her "practical, common sense so...

Emily Wang Murphy
Partner
Washington, D.C.

Chris came to Washington to attend college and has been at the intersection of politics and education ever since.

Chris came to Washington to attend college and has been at the intersection...

Christopher Murray
Partner
St. Louis

Chuck is a creative and highly efficient employment litigator and advisor to private and public sector employers across a wide spectrum of industries.

Chuck is a creative and highly efficient employment litigator and advisor t...

Chuck Poplstein
Partner
St. Louis

Ali is experienced in various types of tax-exempt and taxable financings as bond counsel, underwriter's counsel, issuer's counsel, disclosure counsel and bank counsel.

Ali is experienced in various types of tax-exempt and taxable financings as...

Ali Rafferty
Partner
St. Louis

Steve advises clients on domestic and international patent applications and provides comprehensive counsel on licensing and technology transfer.

Steve advises clients on domestic and international patent applications and...

Steve Ritchey
Partner
Washington, D.C.

Jayna advises companies, transportation authorities, educational institutions, and other entities regarding their rights and obligations when doing business with (or rece...

Jayna advises companies, transportation authorities, educational institutio...

Jayna Marie Rust
Partner
Washington, D.C.

Ken has spent his entire legal career in the public and private sectors in Washington, DC and has a thorough understanding and appreciation of how lobbying can advance cl...

Ken has spent his entire legal career in the public and private sectors in ...

Ken Salomon
Partner
St. Louis

Kristen litigates complex commercial disputes and class actions for clients across the country.

Kristen litigates complex commercial disputes and class actions for clients...

Kristen Sanocki
Senior Counsel
St. Louis

Linda advises companies that provide goods or services to the federal government; she also has extensive experience in business immigration matters.

Linda advises companies that provide goods or services to the federal gover...

Linda Shapiro
Associate
Chicago

Kayla brings a keen insight to assess corporate transactions from an analytical and economic perspective.

Kayla brings a keen insight to assess corporate transactions from an analyt...

Kayla Siam
Partner
Chicago

Rhonda is a public finance attorney who leads complex, large-scale projects for public- and private-sector clients across the country.

Rhonda is a public finance attorney who leads complex, large-scale projects...

Rhonda Thomas
Partner
St. Louis

As chairman of the Firm's Sports Law Group, Bob represents teams, prospective buyers of sports teams, companies interested in sports marketing and civic and government en...

As chairman of the Firm's Sports Law Group, Bob represents teams, prospecti...

Bob Wallace, Jr.
Associate
Washington, D.C.

Throughout her career, Hope has always found ways to help public institutions achieve their goals.

Throughout her career, Hope has always found ways to help public institutio...

Hope Watson
Counsel
Washington, D.C.

Katie handles a wide variety of regulatory and transactional work for the nonprofit and for-profit higher education sector, including online education programs, and has e...

Katie handles a wide variety of regulatory and transactional work for the n...

Katie Wendel