The higher education sector faces increasing scrutiny and change—ranging from heightened federal and state regulatory oversight to rapid advances in technology and data privacy, to growing financial and enrollment pressures. Akerman's Higher Education team partners with institutions to anticipate and manage these issues through practical compliance strategies and forward-thinking risk management, always with an eye toward protecting institutional missions and reputations.
We advise colleges, universities, and educational organizations of every size and structure, including public and private, nonprofit and for-profit, career-focused and research-driven, state systems and independent institutions. We also represent educated-focused associations, companies, and foundations operating within the higher education ecosystem.
Our attorneys bring direct experience from inside universities, nonprofit systems, and athletic governance bodies, giving us unique insight into the operational, regulatory, and reputational issues confronting today’s institutions. We are trusted advisors on the full spectrum of higher education law, including governance, regulatory and federal compliance, labor and employment, student affairs, accreditation, government relations, finance, and litigation.
Additionally, our thriving Collegiate Athletics practice advises collegiate athletic departments, major and minor conferences, professional and amateur sports organizations, and key service providers, focusing on Division I, II and III universities. The future of college sports is being redrawn by developments in Name, Image, and Likeness (NIL), Title IX compliance, and the House litigation settlement, as well as other antitrust litigation, student-athlete employment status, and ongoing NCAA and conference rulemaking. Against this backdrop, we go to bat for collegiate athletic departments, executive leadership, athletes, and staff to develop best practices in structure, personnel, communications, fundraising, revenue, and external partnerships.
Drawing on extensive experience, including service within NCAA leadership and other enforcement roles, our Higher Education and Collegiate Athletics practice provides strategic advice and representation in:
- Regulatory Compliance and Accreditation: Assist higher education institutions in meeting evolving federal, state, and accreditation standards, ensuring continued eligibility and risk mitigation.
- Collegiate Athletics and NCAA Compliance: Advise on all aspects of athletic program governance, NCAA rules compliance, and student-athlete eligibility, with experience in complex infractions and NIL matters.
- Litigation, Investigations, and Crisis Management: Represent institutions in litigation, government investigations, and crisis situations, offering proactive strategies to safeguard reputation and compliance.
- Institutional Governance and Board Relations: Guide boards and leadership on governance best practices, fiduciary duties, and regulatory obligations to promote effective institutional management.
- Title IX Sexual Harassment and Equity in Athletics: Counsel on Title IX compliance, policy development, investigations, and equity in athletics, helping institutions address and prevent sexual harassment and gender-based misconduct.
- Transactional, Restructuring, and Finance Matters: Handle complex transactions, restructuring, and finance arrangements supporting institutional growth, partnerships, and operational sustainability.
We also establish NIL policies and procedures, negotiate NIL agreements, and litigate NIL-related matters, as well as evaluate third-party contract and service relationships, league and conference membership, media matters, licensing agreements, and medical and training standards.
Our team understands the unique intersection of law, policy, and athletics that defines today’s collegiate sports environment, and we stand ready to support higher education clients with strategic advice, compliance, litigation, and transactional matters, delivering practical guidance tailored to each client’s mission and priorities.
