Colleges & Universities/Institutions of Higher Education (IHEs) are complicated and complex organizations, with a unique population and mission, that require leadership and management in the same way as a large town or city.

The various and myriad issues that IHEs face require effective and efficient leadership and management. IHEs are consistently and constantly tasked with high level decision making and problem solving, that may require help from external partners that can provide advice, guidance and counsel. Such counsel is oftentimes strengthened by the use of lawyers and law firms for their experience, and additional benefits and protections like the attorney-client privilege.

Hunton Andrews Kurth LLP has a reservoir of talent, ability, resources and assets to address the management of risk and crises; the planning, preparation and preemption that might be preferred or needed on the front end of issues; the occurrence and materialization of the various risks and pitfalls; and the back end mitigation for legal, regulatory, compliance and ethics issues that the IHEs may be confronted with on the very broad IHE crisis and risk management spectrum.

Our services include the following:

Higher Education Finance

Our public finance lawyers help educational institutions address significant legal issues that affect governmental financing and tax-exempt financing for private and public entities. Our university 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. These transactions are treated as 501(c)(3) financings and we are involved in structuring, tax diligence and instruction on monitoring compliance post issuance.

Hunton Andrews Kurth has a long history of working with college and university systems to finance various aspects of their operations. Using lawyers from both the capital markets group and the public finance group, these engagements are staffed with seasoned and knowledgeable counsel. For offerings on a tax-exempt basis, the public finance lawyers at Hunton Andrews Kurth are well versed in the state and federal tax law issues related to these offerings.

We serve on numerous taxable and tax-exempt financing transactions for colleges and universities, in the roles of counsel to the university, bond counsel or counsel to the underwriters. These include both unsecured and secured transactions, a multiyear debt issuance program, and “century bond” offerings. 

Tax

We offer a comprehensive array of tax counseling and controversy services to tax-exempt organizations and public institutions, including 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. Our combination of technical tax knowledge and broad-based support in non-tax areas is valuable to our clients in the complex—and sometimes hostile—legal environment in which today’s exempt organizations must operate.

Mergers and Acquisitions

Our firm’s Mergers and Acquisitions (M&A) practice helps senior business leaders navigate the increasingly complex M&A path, from initial consideration and negotiation of a deal, through due diligence and regulatory approvals, to completion of the project and post-closing integration. We pride ourselves on our institutional relationships with longstanding clients. We have worked with many of our clients for years as tactical advisors in executing on their strategic acquisition and divestiture programs. Our experience includes representing colleges and universities in acquisitions, dispositions, leasing, financing and development of their real estate projects, including student housing and multifamily apartments, research parks, and other educational facilities. In addition, we have served as transactional and regulatory counsel for numerous university health care systems in their mergers, joint ventures, or other affiliations with hospitals and physician practices. We also have experience with M&A transactions involving educational technology companies seeking to provide degrees, testing and training solutions to students online. Our client base includes other non-profit entities in the education, health care, trade association and government sectors. Our approach focuses on: responsiveness to clients; seamless integration with client and in-house teams; creative, practical solutions based on a common sense approach; and completed transactions consistent with our client’s strategic goals.

Construction, Real Estate, and Stadium Development and Finance

Developers, communities, colleges and universities and private schools rely on Hunton Andrews Kurth’s real estate and environmental team to help them break ground. We work closely with development project parties to design and obtain permits for facilities that promote interaction, enhancing the community as a whole. From corporate campuses, student housing and sports facilities, to research hospitals and retail space, our clients create projects that enrich communities. From the initial design concept through the financing and construction of your project, you can depend on our knowledge of the law, strong community relations and enthusiasm. Across all areas, we understand the intrinsic qualities involved, such as condensed construction schedules, complex financing, the role of governing boards and the pertinence of nonprofit regulations. Our creativity, tenacity, and keen understanding allow us to better foresee and overcome the risks and challenges involved in order to meet your needs.

Particular areas of focus include financing, purchasing, refinancing or 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; required 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; 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.

Hunton Andrews Kurth lawyers represent clients in the development, financing, renovation and use of stadiums, arenas and other facilities. These financing structures include public finance, lending, private equity and sponsorship funding. We also have experience with the sale of personal seat licenses, luxury suites and hotel room licenses in connection with such facilities.

Environmental

With a broad and deep array of attorneys who serve the spectrum of environmental industry, we apply this experience to facets of the higher ed operation in myriad ways. Our attorneys include a former senior attorney for the US Environmental Protection Agency (EPA), a former attorney-advisor in the EPA’s Region 9 (Pacific Southwest) office in San Francisco, a former federal prosecutor for the US Department of Justice (DOJ) and judge advocate with the US Coast Guard, a former general counsel for the EPA, a former general counsel for the Florida Department of Environmental Protection and a former environmental litigator at the DOJ, who use their deep agency, policy, regulatory and enforcement knowledge to help higher education clients solve their complex environmental matters in the various ways that they come into play.

Our team has handled contribution actions, structured compliance audits to obtain penalty mitigation under environmental disclosure programs, and defending clients in government enforcement cases. We are also deeply involved in the ever changing regulatory and litigation landscape surrounding environmental issues, and develop tailored solutions to protect against liability. Additionally, we advise our higher education clients on environmental aspects of business and real estate transactions, conducting due diligence, negotiating liability allocations, and efficiently resolving post-closing environmental issues.

Government Relations, Strategic Communications, and Economic/Workforce Development

IHEs facing legislative, regulatory, or litigation challenges require sound and strategic advice to respond to crises, protect their brands, and ensure that their views are heard in Congress, before regulatory agencies, in state capitols, and among state Attorneys General. IHEs are also increasingly afforded the opportunity to partner with private sector businesses and local/state economic development professionals to support investment and job creation, but may be unsure of how to capitalize on these opportunities. Hunton Andrews Kurth’s full-service public affairs consultancy offers clients more than a dozen professionals with diverse experiences and backgrounds who have the skills, discretion, and higher education experience to ensure that our clients’ reputations are protected and their views are given due consideration in public policy debates. Our public affairs consultancy is comprised of lawyers, former corporate and government executives, and legislative, 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. Our wide-ranging practice blends legal, government relations, lobbying, communications and advocacy, and public and private sector economic and workforce development skills with strategic experience that has been developed over decades of work for current and former higher education clients on an extensive variety of legislative, regulatory, and policy projects.

Attorney General Practice

Our work for higher education clients is supported and complemented by the firm’s longstanding State Attorney General practice. Attorneys General occupy a unique position in a variety of matters where the interests of higher education clients and public policy intersect. Indeed, in many states it is the Attorney General’s office that provides legal representation to 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 has been bolstered not only by the longevity of our practice but by the personnel associated with it. Our team includes a number of former officials of Attorney General offices: 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 & Security

Our attorneys in our Higher Education Practice Group are experienced in various areas that are fraught with risk, crisis and compliance failures, by providing comprehensive analysis, advice and counsel to prepare, plan for and avoid risks; manage risks that materialize and/or turn onto crisis situations; engage in remediation and mitigation whenever schools, colleges and universities are faced with these situations. Our attorneys work closely with and engage in joint venture partnerships with non-legal safety, security consultants, crisis/risk managers, and communications professionals to identify, assess and develop effective response plans for threats to the safety and welfare of educational communities, especially for matters in all areas of bad behavior, misconduct, threats or acts of violence, and financial failures.

Areas with which our IHE lawyers can assist include crisis, reputation and image management; media, government and public relations strategies; litigation avoidance and dispute resolution; executive leadership advice; manage and defend reputational harm claims related to disciplinary situations or speech related issues; and compliance assessments, including individual or group interviews, among others.

In the wake of various and several compromises to safety and security on school campuses, including tragedies and scandals, we have formed successful and effective partnerships with public and private law enforcement and safety and security professionals to work with and provide schools with strategies, approaches, and policy, protocol and practice creation and adjustment, in managing these issues on three levels: preparation, planning and preemption; crisis/risk handling and management; and response, mitigation and remediation.

Labor, Employment and Employee Benefits

IHEs require large, diverse, multi-faceted workforces to execute the incredibly wide and varied roles and responsibilities that are required of these complex organizations. Oftentimes these workforces are represented by labor unions that require special experience and skillsets that we possess. The employment model for higher education continues to be subject to adjustments and dramatic shifts. Competition for top administrative, research and academic leadership has become increasingly fierce. At the same time, the changing economics of education have required increased reliance on part-time and adjunct faculty who, in turn, are mobilizing and demanding greater job security and benefits. Our experienced labor, employment and employee benefits lawyers help institutions meet these challenges head on. We work with clients to develop, document, implement and manage a range of 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 that can help address, prevent or minimize the impact of organized labor movements on campus.

Intellectual Property

When it comes to IP litigation, universities need a partner who not only understands the law but also appreciates the unique environment in which they operate. At Hunton Andrews Kurth, we don’t just understand the law, we understand you. We understand that intellectual property is more than just a collection of patents and trademarks—it’s the backbone of innovation and a critical asset for universities seeking to foster research, protect their discoveries, and drive economic growth. Our firm understands the unique challenges that colleges and universities face in managing, defending, and leveraging their intellectual property portfolios. We offer a full spectrum of IP litigation services tailored to the needs of institutions of higher education, ensuring that their intellectual assets are vigorously protected and strategically utilized.

Hunton Andrews Kurth brings to bear a seasoned team of litigators with deep experience in all aspects of IP law, including patents, copyrights, trademarks, trade secrets, and the increasingly critical area of digital rights. Our IP litigation practice is distinguished by its ability to handle complex, high-stakes disputes that often involve cutting-edge technologies and innovative legal theories, demonstrating our competence and readiness to take on challenging cases.

Joint ventures and research partnerships are crucial to many universities’ missions, but they can also give rise to disputes over IP ownership, licensing terms, and other key issues. At Hunton Andrews Kurth, we understand the unique challenges these collaborations present. We provide tailored legal support to help universities structure agreements that protect their intellectual property while fostering innovation and collaboration. Our goal is to ensure that these partnerships advance the university’s mission while minimizing risks and resolving conflicts efficiently.

At Hunton Andrews Kurth, we don’t just provide legal services, we provide a strategic partnership. We provide strategic guidance that encompasses both litigation avoidance and pre-litigation counseling, as well as advice on managing IP portfolios, licensing, and compliance with relevant regulations. Our unwavering commitment is to advance our clients’ broader objectives by minimizing litigation risks and maximizing the value of their intellectual property. Your success is our success, and we are dedicated to helping you achieve your goals.

At Hunton Andrews Kurth, we understand that the higher education sector is unique, and we respect the expertise and dedication that universities bring to their work. We combine legal expertise with a profound understanding of the higher education sector, making us a trusted partner for universities seeking to protect and leverage their IP assets effectively.

In a world where intellectual property is increasingly becoming a central asset for universities, having the right legal partner is crucial. Hunton Andrews Kurth is that partner. Our approach is both strategic and pragmatic, providing the litigation strength, strategic insight, and higher education expertise that colleges and universities need to thrive in today’s competitive landscape.

Governmental and Internal Investigations, Sexual Misconduct and Hazing

IHEs are communities with unique populations where students live, learn, work, compete, socialize, and develop. While IHEs strive to provide the best environment possible, events sometimes transpire between and among students, faculty and/or staff that often require outside legal counsel and, at times, internal and/or external investigation. Allegations of academic misconduct, sexual misconduct, financial misconduct, discrimination, bias, harassment, bullying, and hazing oftentimes warrant external legal review, analysis, and advice on mitigation and remediation. Lawyers at this firm have extensive experience representing IHEs in these circumstances. Our lawyers approach these engagements as directed by the IHE with full appreciation of the inherent complexity of the situation, and proceed in an objective pragmatic and efficient manner. We are sensitive to the unique issues these situations can present, including the intersections of free speech and campus operations, security and safety, and student privacy. We recognize when there is a need for Upjohn Warnings and considerations of legal privileges. Our lawyers have considerable experience with state and federal government investigations that are specific to IHEs, including local, municipal or state agencies, including various Attorneys General, and federal agencies including the DOJ and the DOE/OCR, which oftentimes focus on alleged violations of Titles IV, VI, VII and IX. Our attorneys will navigate the client through the investigative process with the goal of achieving the best possible resolution under the circumstances. We will also work with the client to enhance policies, procedures, and protocols to plan, prepare for and mitigate risks, while handling and managing risks that materialize; and also engage in efforts to help remediate and mitigate the results of the occurrence that we are investigating.

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 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.

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

At Hunton Andrews Kurth, we have accomplished attorneys in the relevant subject matter areas that impact IHEs, with a depth of experience assisting higher education clients with matters involving relevant state and federal legal, regulatory, and compliance authority, including civil rights compliance including Title IX and Title IV, VAWA, ADA, Title VI and Title VII, athletics compliance and other laws and regulations related to discrimination, harassment, sexual harassment, and retaliation. We work with IHEs to draft compliance policies and procedures and protocols, including non-discrimination and harassment, conducting investigations into Title IX and other civil rights matters, and training faculty, staff, and students on their obligations as members of their IHE communities, while also conducting internal investigations in myriad areas, and providing guidance on culture and compliance assessments and other sensitive issues for IHEs and employers. Our lawyers investigate claims of sexual violence, serve as hearing officers, provide litigation defense for respondent and complainant claims, and assist with agency investigations and federal audits. Another constant challenge is obtaining and maintaining federal financial aid under Title IV of the Higher Education Act. Failure to comply with complicated and changing federal regulations can lead to significant monetary penalties, strict limits to funding and even criminal liability. We also work with clients to navigate issues involving Title VII, prohibiting employment discrimination on the basis of race, color, religion, sex, or national origin and Title VI, prohibiting discrimination in the provision of public programs and services on the basis of race, color, religion, sex, or national origin.

NCAA and Sports

College athletics are in a dynamic and very fluid state, and the myriad issues that arise within this complex environment can pose significant financial and reputational risks for student athletes, coaches, administrators and institutions when individuals engage in negligent, reckless, thoughtless or destructive behavior. Hunton Andrews Kurth has developed a prevention program that helps prepare participants for the challenges that come with athletic success. We provide training on a broad range of issues, including criminal laws relating to misuse of drugs and alcohol, sexual assault, domestic violence and gambling; appropriate and inappropriate financial benefits and incentives; academic standards; social media and Internet-based communications; and dealing with pressure from family and former friends seeking to use the student athlete’s celebrity for personal gain. 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.

Issues with intercollegiate athletics are becoming ever more complicated and complex, and can have broad ramifications for an IHE. These issues range from Title IX and gender equity considerations, to NCAA compliance issues, to private litigation and employment matters. These issues implicate an IHE’s corresponding concerns for institutional risk, and financial and reputational stability. We have staff experienced and devoted to handling and managing areas that are impacted by NCAA rules and regulations, and related laws including but not limited to NCAA/NAIA compliance policies and training, rules infraction cases, Title IX compliance reviews and strategic plans, coach executive contracts and compensation.

Privacy and Cybersecurity

In today’s digital economy, information has become a powerful asset to colleges and universities. At the same time, however, these institutions face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information regarding their students and employees, and the cybersecurity risks associated with the theft of valuable personal information. Hunton Andrews Kurth’s nationally recognized global privacy and cybersecurity practice helps organizations in the higher education industry manage data at every step of the information life cycle. 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 the full panoply of activities associated with a significant cybersecurity incident/data breach; reducing the risk of a cyber event, from security planning and developing proactive to breach-readiness solutions, including incident response and table top 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 regarding liability, insurance coverage, contractual obligations and other issues. The team advises clients on US state and federal privacy requirements, as well as global data protection laws (including in the EU, Asia and Latin America), and advises clients 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 work includes conducting privacy impact assessments and advising companies 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 companies 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 Technology, Outsourcing, and Privacy Practice Group

We at Hunton Andrews Kurth have a deep bench of attorneys who specialize in an array of business processes that include contracting, outsourcing, technology and other transactional matters, assisting higher ed clients with outsourcing and technology transactions, and other commercial contracting matters. We draft commercial contracts and other corporate agreements and conduct due diligence and legal research. We offer our public and private higher ed clients innovative, value-driven solutions to challenging information technology outsourcing (ITO), business process outsourcing (BPO), procurement, licensing, commercial contracting, IT outsourcing and overall IT contract negotiation, software audits and licensing, intellectual property and data management issues. Our practice focuses on information technology, business processes, sourcing and system integration/implementation, e-commerce, commercial contracting and various intellectual property matters and also focuses on the implementation and integration of social media, mobile technologies, analytics and cloud computing services (SMAC), complex commercial transactions, particularly business process and information technology outsourcing, e-commerce, licensing, systems acquisition, development and integration agreements, manufacturing, supply, distribution, and complex services agreements and multi-country joint ventures, complex domestic and international business process and technology-related transactions for higher ed clients.

Health Care Transactions and Corporate Governance

Academic medical centers and university-affiliated health care systems generate complex, challenging legal issues touching clinical research, governance, regulatory compliance, reimbursement, intellectual property, bioethics, privacy, real estate, and novel transactional structures, to name a few. Hunton Andrews Kurth’s work with such clients encompasses 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. Hunton Andrews Kurth’s health care specialists routinely team with other firm lawyers to meet the specific needs presented by particular engagements. Their knowledge of and experience navigating the unique regulatory environment in which such clients operate enable us to staff individual matters with the appropriate level and scope of expertise to seek efficient, cost-effective results grounded in our clients’ objectives. Our lawyers well understand the diverse constituencies that comprise today’s version of academic medicine and the critical importance of accountability to stakeholders.

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.

About the Firm

Hunton Andrews Kurth LLP is an AmLaw 100 firm with more than 900 lawyers practicing across the United States, Europe and Asia. Founded in 1901 by four lawyers in Richmond, Virginia, we have grown to our current size and global reach organically and through strategic mergers and key lateral partner acquisitions. Our legal, regulatory and compliance experience blends with a broad view of current business realities and a forward-looking perspective on emerging issues to provide legal and regulatory advice that serves our clients well.