Higher Education

Strategic Legal Partnership for Higher Education Institutions

Michael Best’s multidisciplinary Higher Education team helps you minimize risks, stay compliant with changing laws, and achieve your objectives. For over 50 years, we have served as a dedicated partner and trusted advisor to higher education institutions, providing strategies and solutions to help you navigate whatever campus issues may arise. Leveraging our deep industry experience, we provide comprehensive counsel aligned with your institution’s values and goals so that you can focus on what matters most: fulfilling your educational mission.

Our clients include public and private colleges and universities of all sizes, as well as vocational and technical schools. We proudly represent more than 100 higher education institutions across the nation, helping campus leaders, trustees, and in-house counsel guide their institutions through issues ranging from intellectual property and research compliance to employment, litigation, transactional, real estate, environmental, and cybersecurity issues. We also regularly advise on matters specific to academic institutions, such as Title IX, the Clery Act, FERPA, remote learning, freedom of speech, campus political activity, academic freedom, and faculty hearings.

Chambers & Partners

Received Band 4 recognition for Higher Education

Our Approach: Helping Institutions Fulfill their Missions and Thrive

Backed by decades of industry experience, the Michael Best team provides practical, innovative solutions tailored to address your institution’s needs and challenges.

Navigate Complex Legal & Regulatory Issues

Receive comprehensive guidance spanning employment law, Title IX, compliance reviews, institutional governance, faculty and student matters, and more — enabling you to remain focused on your educational mission.

Advance Innovation & Impact

Our team helps you commercialize research, launch startups and spinouts, and maximize the value of your intellectual property.

Mitigate Risk & Resolve Disputes

Handle faculty, administrator, staff, and student concerns strategically, while managing litigation, organizational changes, and crisis situations with experienced legal guidance.

Receive Actionable, On-the-Ground Support

We integrate seamlessly with your institution through campus visits, professional development, and partnering relationships aligned with your unique culture and objectives.

Comprehensive Counsel Across the Higher Education Landscape

Results that Build Trust

Our work with higher education institutions is grounded in long-term partnerships and a deep understanding of your industry. Here are just brief examples of ways we’ve delivered results for our clients.

Cutting-Edge Litigation

We represented a university when it was sued in a state where it does not have campuses or offices over alleged defamatory remarks made in that state. The state Appellate Court ruled that the university could not be sued in the state and dismissed the case because the court did not have jurisdiction over the university. The result we achieved helps prevent universities from being sued in states in which they recruit applicants, fundraise, and conduct other activities related to their mission, but do not have formal operations.

A university retained us as trial counsel in a hotly contested federal court case filed by two plaintiffs who alleged sex discrimination, retaliation, violation of the Illinois Equal Pay Act, and tortious interference with business advantage. We were able to resolve the case successfully prior to trial. We also successfully resolved a simultaneous, related employment matter for the university, which included an EEOC Charge and a state court case alleging retaliation. We filed a motion to dismiss based upon the argument that the position plaintiff was seeking was actually a demotion, and therefore there was no adverse action. We were able to achieve a global resolution that included plaintiff voluntarily dismissing the case, and the EEOC deciding not to pursue the matter. The university praised our firm’s outstanding work and resolution of both cases.

• Won a federal jury trial victory on behalf of a higher education institution, defending against claims alleged by a terminated police officer. The female officer alleged discrimination, sexual harassment, and retaliation by her male supervisors. The jury rendered a complete defense verdict in favor of the institution.
• Defended a large public university system against allegations related to employment discrimination, the Equal Pay Act, First Amendment retaliation, and the Equal Protection Clause as related to research.
• Tenure Disputes: We successfully defend higher education clients against claims of breach of contract, discrimination, and retaliation stemming from the denial of tenure. We partner with clients to navigate the heightened tensions that frequently accompany contested tenure decisions, and assist clients to reach the outcome that best serves their interests, whether through mediation or a victory in court.
• Title IX: We represented a college defending a student discipline Title IX decision in state court. The student claimed breach of contract and various other causes of action and sought a Temporary Restraining Order (TRO). We prepared a response to the motion for the TRO and obtained denial of the order and dismissal of the matter.
• Investigations: We have successfully handled numerous investigations of complaints lodged against higher education institutions, faculty, administrators, staff, and students, including alleged sexual and other forms of harassment; sex, race, disability, and other forms of discrimination; retaliation; and conflicts of interest. Where appropriate, we have recommended and helped to implement changes that have helped institutions mitigate litigation and other risks and remain focused on fulfilling their missions.
• Name, Image, and Likeness: We have advised multiple Power 4 schools regarding implementation of NIL post-House, including preparing template NIL agreements and mitigating employment and Title IX risks.
• Benefits: We assisted a higher education institution in evaluating a retirement plan investing in environmental, social, and governance (ESG) funds. We provided guidance to various stakeholders regarding ESG investing compliance considerations, analyzed the institution’s specific circumstances to provide tailored advice, and prepared communications to help decision makers engage in informed discussions about potential ESG investing at their institution.
• Real Estate: We represented a consortium of three private universities in the development, construction, operation, and leasing of a shared 18-story dormitory building. The building, which features suite-style and apartment-style units, also contains retail space and a conference center, rooftop garden, workout center, and food court.
• Real Estate: Our team recently advised an educational institution on restructuring its long-term lease arrangements so that campus fraternities could raise tax-exempt donations through the university to renovate the fraternity houses.
• Restructuring: We have successfully assisted higher education institutions with voluntary separations and involuntary reductions in force; programmatic changes and closures; affiliations, restructuring; and, where necessary, closures, through thoughtful strategy, preparation, and execution that mitigate litigation and other risks.
• Data Privacy: Our team advised an educational institution on international and domestic data privacy issues, including helping them develop a GDPR compliance protocol for an education program for students studying abroad in Europe.
• IP Protection and Commercialization: Over 15 years ago, our firm opened an office in the same city, and instituted regular office hours on campus, to better serve the client and its faculty and staff. We helped the institution’s technology commercialization office improve its invention harvesting program, and we continue to provide counsel on patent, commercialization, and trademark matters. We still maintain on-campus office hours.