HIGHER EDUCATION LAW



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Gombos Leyton’s attorneys have been leaders in the higher education sector for over 35 years.  Our team has a proven track record of success in a wide range of matters critical to the success institutions of higher education. We have substantial experience helping clients navigate a hyper-complex regulatory framework, developing and implementing compliance programs, defending clients in administrative and court proceedings, and counseling higher education clients in a variety of business transactions.  Our expansive higher education law experience has made Gombos Leyton an industry leader for decades.

Compliance

Clients rely on us to guide them through, and help them maintain compliance with, a web of federal, state, and accreditation regulations and standards.  Gombos Leyton’s efforts on behalf of institutions include:

  • Establishing and maintaining Title IV eligibility, participation, and compliance;
  • Obtaining and maintaining state licensing;
  • Obtaining and maintaining institutional and programmatic accreditation;
  • Obtaining and maintaining program approvals from state professional licensing boards;
  • Acquiring approval for substantive changes, including changes of ownership, new programs, and new locations;
  • Implementing for-profit to non-profit conversions;
  • Responding to Department of Education Program Reviews and Office of Inspector General Audits;
  • Responding to and defending adverse accreditation actions;
  • Updating our clients about regulatory requirements;
  • Counseling clients about compliance with Title IX requirements;
  • Counseling clients about compliance with the requirements of ADA and Section 504 of the Rehabilitation Act;
  • Counseling and advising foreign medical schools about Title IV participation and federal regulations.
  • Counseling about privacy and data security regulations, including FERPA, Gramm-Leach-Bliley Act, and HIPAA and helping to implement privacy and data security plans;
  • Counseling about federal research and grant management requirements;
  • Counseling about campus security requirements, such as the Clery Act

 

Adversarial Proceedings

We offer a team of experienced litigators with a proven track-record of success.  Our higher education team has decades of experience representing institutions in federal and state courts, administrative proceedings, accreditor actions, and arbitration proceedings.  Gombos Leyton’s attorneys have secured favorable rulings for clients in a wide variety of arenas, from Department of Education Program Reviews to federal litigation throughout the United States, including the Supreme Court of the United States. We successfully represent our clients in all types of proceedings, including:

  • Defending False Claims Act claims;
  • Defending against state Attorneys General investigations and actions under consumer protection laws;
  • Initiating challenges to adverse Department of Education and accreditor actions;
  • Department of Education Program Reviews;
  • Responding to Office of Inspector General Audits;
  • Subparts G and H hearings before the Office of Hearings and Appeals, including emerging actions;
  • Defending against student and employee complaints, including class actions;
  • Responding to adverse accreditation actions;
  • Responding to Congressional investigations

 

Transactions

Gombos Leyton routinely helps clients with business decisions regarding acquisitions, sales, and mergers of postsecondary institutions.  Our business knowledge and expertise with the complex higher education regulatory framework make Gombos Leyton the ideal choice to formulate and implement strategy and execute various acquisition, merger, financing, or sale transactions. Recent transactions in which we provided regulatory counsel include:

  • Numerous successful mergers and acquisitions of institutions of higher education ranging in value from several million dollars to over $200 million and in the successful acquisition of schools in distress
  • Conversion of institutions of higher education from for-profit to non-profit status
  • The financing of institutional acquisitions and to private investors in institutions of higher education
  • Advising lenders in a significant educational enterprise who successfully converted their interests to equity without triggering a change of ownership and control by any state regulatory agency, accrediting agency or the U.S. Department of Education.