HIGHER EDUCATION
- OVERVIEW
- EXPERIENCE
- INSIGHTS
- NEWS & EVENTS
- PROFESSIONALS
CONTACT
- Scott Goldschmidt
- 202 585 6963 202 585 6963 direct | Email
- Aaron Lacey
- 314 552 6405 314 552 6405 direct | Email
- Emily Wang Murphy
- 202 585 6939 202 585 6939 direct | Email
- Christopher Murray
- 202 585 6916 202 585 6916 direct | Email
RELATED BLOGS
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RELATED PRACTICES
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RELATED INDUSTRIES
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.
Blog Posts
Free Desk Guide and Webinars: ED’s Final Financial Value Transparency and Gainful Employment Rule
ED's latest BDR guidance, and why institutions should always respond to claims
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
Title IX update: Important new ED guidance concerning pregnancy
TCLE
Projecting Debt-to-Earnings Rates Under ED’s New Financial Value Transparency and GE Rule
ED’s New Financial Value Transparency and Gainful Employment Rule
Responding to Student Borrower Defense to Repayment (BDR) Claims: 2023 Edition
Affirmative Action in Higher Education: Impact of SFFA v. Harvard and SFFA v. UNC
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: 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
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
National Policy Perspectives on Cybersecurity
Publications
EEOC issues new guidance on COVID-19 vaccinations in the workplace
A look at recent student athlete name, image and likeness legislation
News
Aaron Lacey Discusses Impact of New Rules from U.S. Education Department
David Kaufman Explores How NIL Collectives Could Be Tax-Exempt After IRS Curveball
Thompson Coburn Assists in Creation of Lindenwood Education System and Acquisition of Dorsey College
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
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.
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Partner
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St. Louis
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Bill Bay represents major corporations in high-stakes litigation nationally. Bill Bay represents major corporations in high-stakes litigation nationally... |
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Partner
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St. Louis
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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... |
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Associate
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St. Louis
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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... |
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Partner
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St. Louis
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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... |
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Partner
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St. Louis
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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... |
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Senior Counsel
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St. Louis
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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... |
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Partner
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Washington, D.C.
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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... |
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Partner
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St. Louis
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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. |
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Associate
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St. Louis
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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... |
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Partner
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St. Louis
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Chris chairs the 200-attorney Litigation Department at Thompson Coburn and is co-chair of Business Litigation, the largest practice group in the Firm. Chris chairs the 200-attorney Litigation Department at Thompson Coburn and ... |
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Partner
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St. Louis
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Larry serves clients in the firm's Private Client Services practice. Larry serves clients in the firm's Private Client Services practice. |
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Partner
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Chicago
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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. |
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Senior Counsel
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St. Louis
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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... |
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Associate
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Dallas
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Rebecca is an associate in the Firm's corporate practice, focusing on mergers and acquisitions and corporate and securities laws. Rebecca is an associate in the Firm's corporate practice, focusing on merge... |
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Partner
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St. Louis
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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... |
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Partner
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St. Louis
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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 ... |
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Partner
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St. Louis
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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... |
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Partner
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Chicago
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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... |
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Partner
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St. Louis
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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... |
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Partner
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St. Louis
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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 ... |
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Partner
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Washington, D.C.
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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... |
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Partner
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Washington, D.C.
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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... |
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Partner
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St. Louis
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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... |
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Partner
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St. Louis
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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... |
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Partner
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St. Louis
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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... |
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Partner
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Washington, D.C.
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Jayna advises companies, transportation authorities, educational institutions, and other entities regarding their rights and obligations when doing business with or recei... Jayna advises companies, transportation authorities, educational institutio... |
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Partner
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Washington, D.C.
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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 ... |
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Senior Counsel
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St. Louis
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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... |
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Associate
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Chicago
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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... |
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Partner
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Chicago
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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... |
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Partner
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St. Louis
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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... |
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Associate
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Washington, D.C.
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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... |
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Counsel
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Washington, D.C.
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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... |
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