Shipman & Goodwin is proud to represent some of the leading colleges and universities in the Northeast. Drawing on our decades of experience with such representation, our attorneys bring a unique perspective to the issues facing these institutions. We advise our higher education clients on a full range of matters, including governance, finance (including tax-exempt financing), government relations, employment and labor relations, student issues, real estate, construction, environmental compliance and risk management, taxation, and technology. In addition, we are well-equipped to handle litigation of all types, including employment, collections and defense of claims.
As a result of our diverse and deep experience, we have developed a sophisticated base of knowledge about legal issues that are particularly relevant to colleges and universities. Our attorneys understand that many of these issues are often interrelated and require lawyers to have excellent peripheral vision.
Governance
Critical to the operation of colleges and universities is the proper functioning of boards, bylaws, and conflict of interest policies. Our attorneys have a thorough knowledge of relevant laws, but also advise clients on best practices in these areas. We counsel clients and their boards on crisis management, including corporate communications, media relations, and student relations. We also have extensive experience assisting colleges and universities structure and document ombudsman programs.
Finance; Tax and Tax-Exemption; Investments
Our attorneys advise our college and university clients on all their finance matters including tax-exempt financing through the State of Connecticut Health and Educational Facilities Authority. We assist clients with tax compliance and taxation issues, including charitable giving and income, sales, real and personal property tax exemptions. The firm has comprehensive experience with the management and compliance of endowment funds and investments. One of our partners served as the Chairman of the Uniform Law Commission that drafted the Uniform Prudent Management of Institutional Funds Act (UPMIFA) and conducts a national practice on UPMIFA compliance. As such, the firm’s depth in this area is unique.
Real Estate; Environmental; Construction
Attorneys with a wealth of knowledge and experience advise clients on a variety of real estate matters including the acquisition, development and management of property; planning and zoning; conveyancing; leasing; environmental compliance and risk management.
Labor and Employment; Employee Benefits
Colleges and universities face many issues that require experienced labor and employment counsel. Our attorneys possess in-depth knowledge of the applicable laws and regulations as well as the special circumstances that are encountered by our institutional clients. We advise clients on a full range of employment matters, including employment policies, employee handbooks, classification of employees, employment agreements, disability law compliance, disciplinary procedures, and layoffs and terminations.
Our attorneys provide guidance to our higher education clients on additional faculty-related matters, such as disciplinary procedures and promotion and tenure decisions. Our institutional clients also benefit from our extensive experience with immigration law in staff hiring and retention, including the handling of visa applications. The firm represents clients in all areas of labor relations, including union avoidance, contract negotiation and administration. We have extensive experience in handling all employment matters from administrative proceedings to litigation in state and federal court.
The firm has a large and well established pension and employee benefits practice that counsels our not-for-profit and higher education clientele with respect to their pension and benefit issues, as well as executive compensation and similar matters.
Faculty/Student Issues
Because our college and university clients carry the important responsibility of handling issues specific to faculty and students, our attorneys are well-versed in areas such as faculty-student relations, student conduct, student handbooks, student disciplinary matters (including investigations and disciplinary hearings), and procedures for prevention and management of sexual harassment and bullying. In addition, we counsel clients on compliance with Title IX, the Family Educational Rights and Privacy Act (FERPA), and disability laws as they apply to students.
Intellectual Property
The firm has a group of accomplished intellectual property attorneys who advise clients on sophisticated issues such as patents, trademarks, licensing and registration, copyright infringement, and data privacy counseling. They also counsel college and university clients in the areas of software contract negotiation, research and consulting agreements, faculty inventions, non-compete agreements and non-disclosure issues.
Distance Learning
Many colleges and universities have created or are planning to create distance learning programs. Attorneys across multiple practices advise clients on a host of legal issues that need to be addressed specific to these programs, such as: compliance with copyright laws for materials used on a distance learning site; requirements and benefits of the TEACH Act; scope of the Fair Use Doctrine and the negotiation of licensing agreements; employment status and compensation structure for individuals who may prepare class materials; student privacy issues; accommodations for students with disabilities; and issues related to providing distance learning opportunities from outside sources.