higher education overview_2016

Akerman LLP | 600+ lawyers | 20 locations | akerman.com

LaKeisha C. MarshAkerman LLPTel: 312.634.5700Fax: [email protected]

February 2016

Higher EducationCapabilities Overview

Contents

akerman.com 2

Higher Education Overview 3

High Education Policy & Regulation 6

About Akerman 7

Select Biographies

Higher Education Overview

akerman.com 3

Among our legal breadth, Akerman has a thriving Higher Education Policyand Regulation Practice who's members serve as advisors to colleges anduniversities, both non-profit and for-profit, private and public, as well as otherorganizations in the education industry, such as education associations,companies and foundations. We have experience working with large stateuniversity systems, large private institutions, small independent colleges anduniversities, community colleges and publically traded career collegecompanies.

We represent clients in connection with the following:

Regulatory & ComplianceAkerman helps clients comply with governmental regulations and to structuretransactions and initiatives to meet institutional goals while minimizing risks.Members of our higher education policy and regulation practice adviseclients on matters involving federal and state regulatory compliance, such asTitle IV and Title IX compliance, accreditation, state licensure, distanceeducation programs and institutional governance.

PolicyAkerman’s bipartisan team of lawyers and public policy advisors have abroad range of strategic experience and relationships at the federal, state,and local levels. The team helps clients advance their legislative,administrative, and regulatory agendas and business objectives on CapitolHill, in the White House and with all federal and state agencies.

General RepresentationWe serve as general counsel to institutions providing general counselservices, at a cost effective rate, to institutions who may not have an in-house legal team.

Labor & EmploymentOur lawyers defend employers in all types of employment litigation, includingclass and collective actions, under federal, state, and local employment lawsincluding the Fair Labor Standards Act, Title VII of the Civil Rights Act, theAmericans with Disabilities Act, and other employment laws. Known for workin specialized areas of practice such as employment law compliance, non-compete and trade secret issues, ADA public access, and labor relation. Wealso offer expertise of nationally recognized immigration planning andcompliance practice.


akerman.com 4

Intellectual PropertyAkerman provides intellectual property counsel to higher education clients.Our lawyers have extensive experience representing clients throughout theU.S. and worldwide in connection with all IP matters, including patents,trademarks, copyrights, trade secrets, and entertainment & sports law. Coreservices include patent, trademark and copyright application preparation,prosecution, due diligence, licensing, sale, and counseling, as well aslitigating claims involving patent, trademark, copyright, counterfeiting, tradesecret, domain name, Internet, entertainment, antitrust, and contract law.

FinancingAkerman has one of the leading teams in the U.S. representing borrowersand lenders in a broad range of real estate and construction financingtransactions. Our lawyers are also engaged to work on public-privatepartnerships (P3) for the construction of infrastructure, the creation ofcommunity development districts, and other public financing aspects of realestate development. Our team is experienced in single-asset and portfoliotransactions across the U.S., involving stadiums and arenas.

ConstructionAkerman manages the legal aspects of major construction initiatives andinfrastructure projects around the world, providing practical counsel oncontract formation and administration issues, as well as constructionlitigation, arbitration, and mediation services. Our team serves a wide array ofindustry participants, including public and private owners, contractors,designers, insurance carriers, sureties, and lenders.

Acquisitions & DispositionsMembers of Akerman's Higher Education Policy and Regulation Practicehave extensive experience representing clients in connection with thepurchase and sale of institutions or institution assets.

Real Estate and Land UseAkerman represents clients in complex real estate transactions, developmentand redevelopment projects, and public-private initiatives. Our lawyersmanage the legal aspects of large land deals and major constructionprojects, assist developers in meeting environmental regulations and greenbuilding standards, conceptualize and obtain development incentives, adviseon all aspects of transactional work, including leasing, acquisitions, sales,financings, and loan restructurings, and represent clients in disputes andlitigation. With a nationally recognized real estate and land use practice and


akerman.com 5

experience in complex and large-scale development and urban infill projects,we regularly provide real estate purchase, zoning, construction, anddevelopment advice for colleges and universities.

TaxOur team regularly provides tax advice for both profit and not-for-profituniversities.

LitigationAkerman is experienced providing commercial litigation services touniversities, research foundations, and institutions among others, and isrecognized as a national tier one law firm by U.S. News - Best Lawyers in theCommercial Litigation category. Our team has vast experience in a widerange of civil and criminal litigation.

Higher Education Policy & Regulation

akerman.com 6

Akerman represents institutions of higher education across the entirespectrum of postsecondary education including public and private collegesand universities offering doctoral and graduate degrees, two and four-yearassociates and baccalaureate degrees, certificate, and diploma programs aswell.

Our policy consultants closely monitor issues that affect clients and theirprograms, seeking to ensure that policy makers are aware of the impact ofeven minor revisions to statutes, and regulations that can impact studentand institutional access, eligibility, future success, and employability of theirgraduates.

Practice Highlights

• Regularly advise clients on matters including student discipline, studentaccommodations, Title IX compliance including complaints andinvestigations, FERPA, Clery Act, and the Program Integrity regulations

• Experience representing educational institutions with respect to thestructuring and execution of a broad range of transactional,restructuring, finance, and corporate governance matters

• Involved in efforts to re-write the Higher Education Acts currently beforeCongress, including provisions on regulatory reform, eligibility of PellGrants, and International Education (Title VI) programs

• Established the Higher Education Allied Heath Leaders (HEAL) Coalitionto promote the interests of allied health professionals attendingproprietary institutions of higher education

• Experience managing all facets of student litigation, representing aninstitution when dealing with the Department of Education, Title IVprogram reviews, and federal and state cases

• Team members include former in-house counsel at non-profit educationsystem, former NCAA assistant director of academic & membershipaffairs, and a current NCAA Division II infractions appeal committeechair member

About Akerman

akerman.com 7

Akerman LLP is a leading transactions and trial law firm known for its corestrengths in middle market M&A, within the financial services and real estateindustries, and for a diverse Latin America practice. With more than 600lawyers and government affairs professionals and a network of 20 offices,Akerman is ranked among the top 100 law firms in the United States by TheAmerican Lawyer (2015). Akerman also is ranked among the top 50 law firmsfor diversity in The American Lawyer's Diversity Scorecard (2015).

Practices

• Appellate• Automotive• Banking, Lending & Structured

Finance• Bankruptcy & Reorganization• Capital Markets• Class Action Defense• Construction• Consumer Finance Litigation &

Compliance• Corporate• Data Law• Economic Development &

Incentives• Employee Benefits & Executive

Compensation• Entertainment• Environment & Natural Resources• Financial Institutions Commercial

Litigation• Franchising & Licensing• Fraud & Recovery• Government Affairs & Public Policy• Government Contracts• Green & Sustainable Development• Healthcare• Higher Education Policy &

Regulation• Immigration Planning &

Compliance• Insurance Litigation & Regulation

• Intellectual Property• International Litigation &

Arbitration• Labor & Employment• Land Use & Urban

Development• Latin America & the Caribbean• Litigation• Lodging & Lifestyle• Mergers & Acquisitions and

Private Equity• Products Liability & Mass

Torts• Public Finance• Public-Private Partnerships• Real Estate• Restaurant• SEC Receiverships• Securities Litigation• Sports• State & Local Tax Litigation

and Controversy• Tax• Transportation & Public

Infrastructure• Trusts & Estates• White Collar Crime &

Government Investigations• Workouts & Restructuring

About Akerman

akerman.com 8

Recognition

U.S. News - Best Lawyers 2015• Antitrust Law (National)• Appellate Practice (National)• Banking and Finance Law (National)• Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization

Law (National)• Commercial Litigation (National)• Construction Law (National – Tier One)• Corporate Law (National – Tier One)• Employee Benefits (ERISA) Law (National)• Employment Law - Management (National)• Franchise Law (National)• Health Care Law (National – Tier One)• Insurance Law (National)• International Arbitration - Commercial (National)• International Trade and Finance Law (National – Tier One)• Labor Law - Management (National)• Land Use & Zoning Law (National)• Leveraged Buyouts and Private Equity Law (National)• Litigation - Antitrust (National)• Litigation - Banking & Finance (National – Tier One)• Litigation - Bankruptcy (National – Tier One)• Litigation - Construction (National – Tier One)• Litigation - Intellectual Property (National)• Litigation - Labor & Employment (National)• Litigation - Real Estate (National – Tier One)• Mergers & Acquisitions Law (National)• Private Funds/Hedge Funds Law (National)• Real Estate Law (National – Tier One)• Securities/Capital Markets Law (National)• Securities Regulation (National)• Tax Law (National)• Trusts & Estates Law (National)• Venture Capital Law (National)

Select Biographies

akerman.com 9

LaKeisha C. Marsh

Partner

71 South Wacker Drive

46th Floor

Chicago, IL 60606

Tel: 312.634.5700

Fax: 312.424.1900 [email protected]

LaKeisha Marsh focuses her practice on the higher education industry,

representing various institutions including colleges and universities on a full

range of topics including federal and state regulatory compliance,

accreditation, state licensure, distance education programs, institutional

governance, and collegiate sports and NCAA compliance-related matters.

She regularly advises clients on matters including student discipline, student

accommodations, Title IX compliance including complaints and investigations,

FERPA, Clery Act and the Program Integrity regulations. She brings vast

working experience and knowledge of the laws, regulations and informal

guidance that together govern institutional participation in the programs of

student financial assistance under Title IV of the Higher Education Act of 1965.

She has managed all facets of student litigation, representing an institution

when dealing with the Department of Education, Title IV program reviews, and

federal and state cases.

She has experience representing educational institutions with respect to the

structuring and execution of a broad range of transactional, restructuring,

finance, and corporate governance matters. In addition, in her previous role at

an entrepreneurial, not-for-profit educational system, LaKeisha managed a

robust legal department with primary focus in the areas of corporate

governance, corporate compliance, corporate transactions, mergers and

acquisitions, and litigation management.

She frequently speaks on higher education topics including Title IX, Clery Act,

Violence Against Women Act (VAWA), sexual misconduct and

student-athletes, incentive compensation, and gainful employment. As a

former member of the NCAA staff, in the Academic and Membership Affairs

department (formerly Membership Services), LaKeisha has firsthand

knowledge of the NCAA bylaws and rules for Division I, II, and III athletics. She

has handled NCAA certification, compliance reviews, infractions and appeals,

student-athlete eligibility and waivers, and Title IX matters.

Practices

Government Affairs & Public Policy

Education

J.D., Loyola University Chicago

School of Law, 2005

B.A., Clark Atlanta University, 2000;

Political Science

Bar Admissions

Illinois

Areas of Experience

Higher Education Policy & Regulation

Professional Memberships & Activities

• American Bar Association, Member

• National Association of College and University Attorneys (NACUA), Member

• NCAA Division II Infractions Appeal Committee, Chair

• Posse Foundation, Chicago Leadership Council

• Corporate Counsel Women of Color, Member

Related Professional Experience

• TCS Education System, Associate Vice President & Senior Counsel,

2008-2014

• National Collegiate Athletic Association (NCAA), Assistant Director of

Academic & Membership Affairs, 2006-2008

Richard L. Spees

Office Managing Partner

Chair, Government Affairs & Public Policy Practice Group

750 Ninth Street, N.W.

Suite 750

Washington, D.C. 20001

Tel: 202.824.1701


Richard L. Spees is the Akerman Government Affairs & Public Policy Practice

Group Chair and serves as the office managing partner of the Washington,

D.C. office. He has over 25 years of experience representing clients before the

federal government. Rick represents a wide range of public and private clients

including cities, counties, transit properties, science centers, educational

institutions, corporations, and hospital systems.

Before starting his legal practice, Rick served in a number of positions in the

U.S. Senate, including three years as the Staff Director of the Senate

Commerce, Justice, and State and Related Agencies Appropriations

Subcommittee. He also served on the Senate Judiciary Committee and as a

Legislative Assistant for Senator Paul Laxalt (R-Nevada).

Areas of Experience

EB-5 Immigrant Investor Program Energy Project Development & Finance Federal Appropriations & Government Funding Higher Education Policy & Regulation Local Government Advocacy Regulated Substances Task Force Transportation Regulation & Policy

Representative Experience

• Appropriations - Experience includes assisting clients in securing federal

funds, in legislative allocations, authorizations and agency grants.

Practices


Representative Clients

Central Florida Regional

Transportation Authority (LYNX)

Chabot Space and Science Center

City of Orlando, Florida

Nye County, Nevada

Ocean Stewards Institute

Peralta Community College System

Carson City, Nevada

CapSpan

Education

J.D., Georgetown University Law

Center, 1979; with honors

B.A., University of California,

Berkeley, 1976; Economics, with

honors

Bar Admissions

District of Columbia

California

transportation reauthorization bills, part of the team that helped draft the

State Infrastructure Bank legislation which was the first federal innovative

financing program, and assisting ports and beach communities obtain

funding and project management from the U.S. Army Corp of Engineers.

• Government - Experience includes work for cities, counties, transit

properties, airports, educational institutions, science centers and foreign

governments.

• Council of American Overseas Research Centers - General Counsel

• International Center for Middle Eastern+Western Dialogue (The

Hollings Center) - General Counsel

• Ocean Stewards Institute - General Counsel

Published Work & Lectures

• Association of Science Technology Centers (ASTC) Annual Conference,

Speaker, "Defying Physics: A Countervailing View of Washington," October

2014

• Nuclear Waste Strategy Coalition Fall 2013 Meeting, Speaker, "Charting a

Path Forward Without a Map," November 2013

• "Paul Laxalt -- Man of Political Independence," The Maverick Spirit:

Building the New Nevada, Chapter 11, 1999

Court Admissions

• U.S. District Court, District of Columbia


• The U.S. Conference of Mayors, Business Council, Member

• Reading Partners DC, Board Member

• Foundation for Prader Willi Research, Pro bono legal work


• U.S. Senate Appropriations Subcommittee on the Departments of

Commerce, Justice, State, Judiciary, and Related Agencies, Staff Director

and Chief Counsel, 1982-1986

• U.S. Senate Judiciary Committee on Regulatory Reform, Majority Counsel,

1981 - 1982

• Office of Senator Paul Laxalt, U.S. Senate, Legislative Assistant

• Transportation - Experience includes work on several surface

Tom E. Netting

Public Policy Advisor *

750 Ninth Street, N.W.

Suite 750

Washington, D.C. 20001

Tel: 202.393.6222


Tom Netting has more than 20 years of experience working in government

relations and public policy on matters involving higher education and

workforce development, elementary and secondary education, healthcare,

veterans affairs and the procurement of federal appropriations. Tom

represents for-profit institutions of higher education and post-secondary

education companies.

Areas of Experience

Federal Appropriations & Government Funding Healthcare Legislation & Government Affairs Higher Education Policy & Regulation


• On behalf of higher education clients, advocated for the inclusion of

specific public policy provisions in the Higher Education Opportunity Act,

enacted into law Aug. 14, 2008

• Established the Higher Education Allied Health Leaders (HEAL) Coalition to

promote the interests of allied health professionals attending proprietary

institutions of higher education.

• Secured federal financial support for National Demonstration Projects to

reduce student test-taking anxiety and prevent student dropouts and

teacher attrition to help ensure that the goals of the No Child Left Behind

Act are achieved.

Practices


Representative Clients

American Association of

Cosmetology Schools

National Accrediting Commission of

Cosmetology Arts & Science

Education

B.A., Presbyterian College

Bar Admissions

* Not admitted to the practice of law

• National Conference on Allied Health Education, Presenter, "Impact of

Public Policy on Health Education: Past, Present & Future," February 23,

2012

• Virginia Career College Association Fall Conference, Speaker, "Federal

Legislative & Regulatory Potpourri," September 28, 2012


• Higher Education Allied Health Leaders (HEAL) Coalition, Executive Director

• Fairways to Habitat, supporting Habitat for Humanity builds in Maryland,

Virginia and the District of Columbia, Board Member

• Career Education Review, The Career College Information Source, Editorial

Advisory Board Member


• Corinthian Colleges, Inc., Corporate Director of Government Relations

• Association of Private Sector Colleges and Universities (APSCIA), formerly

the Career College Association, Lobbyist and Senior Accreditation

Specialist

Published Work & Lectures

Dean A. Dickie

Partner

71 South Wacker Drive

46th Floor

Chicago, IL 60606

Tel: 312.634.5700


Dean Dickie is as a partner in the Litigation Practice Group. An experienced

trial lawyer, Dean focuses his practice on business and commercial litigation

matters involving intellectual property, securities, and professional liability

claims. He has tried cases in federal and state courts throughout the United

States, representing officers, directors, and corporations in securities fraud,

insider trading, breach of fiduciary duty, accounting malpractice, Securities

Exchange arbitration, product liability, antitrust, and civil rights claims. His jury

trial experience includes patent infringement, trademark, trade dress, breach

of fiduciary duty claims, breach of contract and tortious interference with

contracts, usurpation of corporate opportunity, and director and officer liability

claims.


• Received a rare plaintiff's verdict in a trade dress case on behalf of a client

in the retail housewares and apparel industries.

• Represented the outside directors of a securities firm in a class action

case, and resolved the matter without any personal liability to the clients.

• Prosecuted a policyholder�s multi-million dollar claim for environmental

cleanup costs, including reimbursements of attorney�s fees and costs.

• Defended a municipality in a three month zoning trial. Before plaintiffs

rested, they moved to dismiss their case voluntarily after calling only five of

their 30 witnesses.

Court Admissions

• U.S. Supreme Court

• U.S. Court of Appeals, Second Circuit

Practices

Litigation

Education

J.D., Georgetown University Law

Center, 1969; Professional Hockey

(3 years)

B.A., Northwestern University, 1966;

Varsity Football (4 years)

Bar Admissions

Illinois

• U.S. Court of Appeals, Fourth Circuit

• U.S. Court of Appeals, Fifth Circuit

• U.S. Court of Appeals, Seventh Circuit

• U.S. Court of Appeals, Ninth Circuit

• U.S. District Court, Eastern District of Michigan

• U.S. District Court, Northern District of Illinois

• Michigan Court of Claims

• U.S. Court of Federal Claims


• American Bar Association, Member

• Markey Wigmore Inns of Court, Member

• Northwestern University, NClub, Member


• Northwestern University Law School, Introduction to Trial Advocacy,

adjunct professor

• DePaul University College of Law, Constitutional Law, adjunct professor

• Law Clerk to the Honorable Hubert L. Will, U.S. District Court for the

Northern District of Illinois

Select Biographies

akerman.com 10

higher education overview_2016

Documents