Higher Education

Miller Nash has an extensive higher education law practice, in which we work closely with institutions to achieve institutional goals while resolving legal challenges in a manner that preserves important relationships and promotes the institution’s values.

Our education law attorneys partner with institutional leadership to navigate the substantial legal issues and challenges facing institutions of higher education.

We are proud of our ability to anticipate and respond to the evolving legal service needs of our education clients. Our attorneys serve as counsel for numerous private and public colleges, universities, and community colleges. From litigation to compliance to institutions’ unique business needs, we recognize and appreciate the differences between working with educational institutions and other entities.

Core Legal Issues Facing Colleges & Universities

Our attorneys work closely with our clients to address legal issues facing higher educational institutions, including:

• Student conduct and dismissal matters
• Campus safety and threat assessments, including VAWA and Clery Act issues
• Athletics and NIL
• Shared governance
• Discrimination laws, such as Title IX, the ADA, and Section 504
• Employment issues involving faculty, administrators, and other staff, including faculty tenure and promotion
• Traditional labor matters, including union organizing campaigns
• Unique aspects of serving the “business” needs of education clients, such as public records, FERPA, and financial aid regulations
• Governance, policy development, and other management issues
• Serious personal injury claims
• Foundation-related tax matters, such as planned giving
• Serving as neutrals under institutional policy

Our team includes trial attorneys who regularly represent all types of educational institutions in federal and state court and in front of administrative agencies such as the U.S. Department of Education’s Office for Civil Rights, the Equal Employment Opportunity Commission, the National Labor Relations Board, and Oregon’s Employment Relations Board. Our trial attorneys are well-versed in defending sensitive claims that have consequences beyond the specific party or parties asserting them, and we work with a range of campus leaders and in-house counsel in doing so.

Additional Legal Services for Higher Education Institutions

Our attorneys also serve educational institutions in a variety of other areas, including:

• Intellectual property, particularly copyright and trademark, patent, and tech transfer
• Privacy & data security
• Environmental compliance and toxic tort claims
• Nonprofit governance and restrictions
• Affiliation and licensing agreements
• Real estate
• Construction contracting
• Land use permitting, construction contracting, and financing required for construction projects
• Insurance recovery

Deep Engagement with the Higher Education Community

Our higher education attorneys are active in a number of organizations focused on higher education law and support of academic communities, including the National Association of College and University Attorneys (NACUA), Association of University Technology Managers (AUTM), and American Intellectual Property Law Association (AIPLA). Our attorneys regularly attend and speak at regional, national, and international events, have contributed to amicus curiae briefs, and have built long-standing relationships with member attorneys and higher education professionals.