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EDUCATION

Colleges and universities, for-profit educational schools, school districts and higher education associations are more than vital social institutions—they are complex organizations with operations and interests both domestic and international. Given their massive operating budgets, highly skilled labor force and the changing political agendas that can influence them, educational institutions are scrutinized by local, state and federal entities and, quite often, the general public.

Thompson Coburn is privileged to serve the people and institutions whose work is the foundation of a democratic society, and we are proud of the fact that relationships with some of our education clients go back more than 30 years. We work with school districts, public and private universities and colleges, technical institutes, higher education associations, research facilities, a public school retirement system and teaching hospitals. Our attorneys have particular skill handling litigation, labor and employment, public finance, intellectual property, capital projects, planned giving, nonprofit law and tax concerns for higher education clients.

We have an active public law and public finance practice in the Midwest, including tax-exempt and education-related bond financing. In 2009 alone, we served as bond counsel in several high-profile financings for a University System, with issuances totaling nearly $500 million. Our labor and employment attorneys regularly handle faculty and staff collective bargaining, structuring of benefit and compensation plans, immigration and employee-related litigation. Our intellectual property team works closely with faculty at leading university and research facilities to leverage and protect their intellectual capital around the world, and our real estate attorneys are highly experienced in all stages of capital projects. Our litigators defend technical institutes and for-profit educational institutions in student litigation.

Thompson Coburn has represented a University for over 15 years as borrower’s counsel, bond counsel and development counsel. The University operates a four-campus university system, an integrated health care system including multiple hospitals and medical clinics, and an extension program with activities in every county in the state. We have counseled the University in numerous areas of the law: financing, including service as bond counsel for the University's issuance of tax-exempt system facility revenue bonds; general litigation; real estate including acquisition, land use and planning, construction, and leasing; and administrative, regulatory and state law authority and governance issues.

We assisted the University with creation of a business park, a 35-acre park adjacent to the University's urban campus, that includes a Fortune 500 company, as a major subtenant. Our services included negotiation of redevelopment agreements and lease agreements with private developers; establishment of a zoning code and subdivision covenants; negotiation of cooperation agreements with other units of state and local government concerning public improvements; development incentives including special assessment district financing and tax abatement; legal counsel regarding environmental remediation and acquisition and sale of Brownfield redevelopment tax credits; and assistance with land assembly, construction, and evacuation and dedication of public roads.

Since 1998 one of the country’s largest secondary student loan markets has relied on Thompson Coburn as its primary outside counsel. In this role, the firm has negotiated non-bond financings, including $1 billion conduit financing and various lines of credit ranging in the hundreds of millions of dollars; analyzed and conducted contract negotiations with respect to the organization's student loan purchase program and other arrangements; negotiated and drafted state legislation affecting the organization; counseled them regarding compliance with Higher Education Act and regulations; advised on compliance with applicable commercial finance laws and regulations; and assisted with strategic financial planning.

Thompson Coburn lawyers served as bond counsel to Chicago Public Schools (CPS) in matters involving the structuring, issuance and sale of $409,555,000 in alternate revenue bonds to build new schools and fund other capital projects.

The Francis Howell R-III School District in St. Charles County, Missouri, engaged Thompson Coburn to serve as bond and disclosure counsel in financings that totaled more than $50 million in general obligation refunding bonds of the District.

On behalf of several universities, we have been actively involved in the process of technology acquisition and transfer, including drafting, counseling and negotiating related agreements. Those agreements have included patent and technology license agreements with large pharmaceutical and bio-tech companies for values in excess of several hundred million dollars. Additional agreements include third-party research and associated technology and patent license agreements through which a university may obtain commercial funding for ongoing research and lab support.

We have defended for-profit educational schools in lawsuits and arbitration brought by former students.

Publications

JD Supra names Aaron Lacey a 2023 Readers’ Choice Top Author for Education

Illinois Appellate Panel Upholds Employer Defense Against Employee BIPA Claims: Union Employee BIPA Claims Preempted by Federal Labor Law

Will the Higher Education Act be reauthorized in 2018?

Missouri appellate court opens the door to Spearin claims by contractors against public entities

TCLE

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: Financial Responsibility and Related Reporting Requirements

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

The Road from the Final Four

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

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

Competency-Based Education

The Clery Act

National Policy Perspectives on Cybersecurity

Blog Posts

Department of Education agrees to mass granting of BDR applications to settle lawsuit

U.S. Department of Education unveils proposed revisions to Title IX regulations

Negotiated rulemaking and the new 90/10 rule

Website accessibility considerations for private institutions of higher education

Summer camps on campus: A risk management checklist for postsecondary professionals

Free Title IX compliance checklist for institutions of higher education

Thompson Coburn releases free Title IX training series for institutions of Higher Education

Announcing the 2019-2020 Higher Education Webinar Series

IRS issues proposed regulations regarding net investment income tax of private colleges and universities

Ransomware attacks: What higher education institutions need to know

News

Test News Item for Training

JD Supra names Aaron Lacey a 2023 Readers’ Choice Top Author for Education

Thompson Coburn lawyers help a much-in-demand charter school grow

Bill Bay receives Spurgeon Smithson award

St. Louisans: Recycle your eclipse glasses for Astronomers Without Borders

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

Bill Bay named a 2016 ‘Excellence in Law’ award winner by St. Louis Magazine

Securing access to education for special needs children

Thompson Coburn earns corporate counsel recommendations five years running in national report

U.S. Olympic Committee appoints Ken Salomon to ethics committee

Chris Murray named to National Law Journal’s '40 under 40'

St. Louis Business Journal covers Thompson Coburn’s work on unique Superfund settlement

University of Missouri refinances $300 million in outstanding bonds

William B. Guerri Chair at LSEM secures access to education for expelled students

Bill Bay named co-chair of Joint Commission on Women in the Profession

EPA, Boys & Girls Club announce $30 million cleanup of Superfund site

Street Law program introduces 90 St. Louis students to careers in the law

Thompson Coburn launches new bipartisan Lobbying & Policy group in Washington, D.C.

Thompson Coburn successfully challenges school district’s censoring of LGBT websites

Thompson Coburn part of team that won landmark religious liberty case in U.S. Supreme Court

Partner
St. Louis

Bill represents major corporations in high-stakes litigation in state and federal courts across the country.

Bill represents major corporations in high-stakes litigation in state and f...

Bill Bay
Partner
St. Louis

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...

Ed Buchholz
Associate
St. Louis

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...

Stephanie Cohan
Partner
St. Louis

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...

Garrett Fischer
Senior Counsel
St. Louis

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...

Dean Franklin
Counsel
Washington, D.C. |
Birmingham

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...

Scott Goldschmidt
Partner
St. Louis

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.

Ed Harvey
Associate
St. Louis

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...

Eric Hogrefe
Advisor
Washington, D.C.

Jack combines his policy and communications experience to help clients meet their legislative and regulatory goals.

Jack combines his policy and communications experience to help clients meet...

Jack Jacobson
Partner
St. Louis

For more than 30 years, Lori has been helping clients solve some of the most challenging employee benefit problems.

For more than 30 years, Lori has been helping clients solve some of the mos...

Lori Jones
Partner
St. Louis

Larry practices in the Firm's private client services area and is a frequent speaker around the country to professional groups.

Larry practices in the Firm's private client services area and is a frequen...

Larry Katzenstein
Partner
Chicago

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.

David Kaufman
Partner
St. Louis

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...

Sara Kotthoff
Partner
St. Louis |
Birmingham

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...

Aaron Lacey
Partner
St. Louis

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 ...

Michael Lause
Partner
St. Louis

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...

Rick Lawton
Partner
Chicago

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...

Susan Lorenc
Partner
St. Louis

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...

Sonette Magnus
Partner
St. Louis

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 ...

Steve Mitchell
Partner
Washington, D.C.

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...

Emily Wang Murphy
Partner
Washington, D.C.

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...

Christopher Murray
Partner
St. Louis

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...

Chuck Poplstein
Partner
St. Louis

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...

Ali Rafferty
Partner
St. Louis

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...

Steve Ritchey
Partner
St. Louis

Debbie is a key legal advisor to public entities, investment bankers, banks and developers in all types of public finance and development incentive transactions.

Debbie is a key legal advisor to public entities, investment bankers, banks...

Debbie Rush
Partner
Washington, D.C.

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 ...

Ken Salomon
Senior Counsel
St. Louis

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...

Linda Shapiro
Associate
Chicago

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...

Kayla Siam
Partner
Chicago

Rhonda is a finance attorney who leads complex, large-scale projects for public- and private-sector clients across the country.

Rhonda is a finance attorney who leads complex, large-scale projects for pu...

Rhonda Thomas
Partner
St. Louis

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...

Bob Wallace, Jr.
Associate
Washington, D.C.

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...

Hope Watson
Counsel
Washington, D.C.

Katie handles a wide variety of regulatory and transactional work for the nonprofit and for-profit higher education sectors, including distance education programs, and ha...

Katie handles a wide variety of regulatory and transactional work for the n...

Katie Wendel