Post & Schell, P.C.

Higher Education

Contact

Richard B. Wickersham Jr.
215-587-6612
609-375-2215
rwickersham@postschell.com

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Overview

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As colleges, universities, and other educational institutions face increasing scrutiny of their key stakeholders – students, parents, alumni, faculty, and staff – they have seen a corresponding increase in oversight from the government and an increase in their liability and associated litigation. Today, campus administrators, general counsel, and boards of trustees contend with challenges that are not just legal and financial risks, but also present operational and reputational issues.

Post & Schell’s Higher Education Practice Group represents clients in higher education in a wide variety of compliance and litigation needs, including education legal liability, labor and employment, and general liability matters.

We serve clients that include:

  • Non-profit and for-profit colleges and universities
  • Academic medical centers, medical schools, and teaching hospitals
  • Insurers focused on colleges and universities

Several of the multidisciplinary Group’s attorneys are members of the National Association of College and University Attorneys (NACUA), the premier organization in the field of higher education law.

Our attorneys represent clients in:

  • Appellate: Advise, assist, and handle all aspects of both pre-trial and post-trial appellate matters. Our Appellate attorneys recommend creative strategic approaches at every point of the litigation process, from the opening of a file through to its conclusion.
  • Commercial litigation: Commercial litigation and contractual services, including counsel and representation related to complex individual and class action matters, directors’ and officers’ liability, business torts, and state fraud and consumer fraud statutes.
  • Construction projects: Advice from the initial stage of pre-construction to completion of the project and beyond, including: drafting, reviewing and negotiating construction contracts; complex construction accident, injury, and construction defect litigation; representation of clients in state and federal courts and state boards of contract appeals, as well as administrative agencies; counsel on matters of claims avoidance, project delivery methods, risk management, and scheduling issues, among others.
  • Data privacy and breaches: Compliance counseling and representation in litigation associated with data privacy and breaches.
  • Employment, employee relations, and labor matters:  Advice, counsel, and representation to higher education clients in all aspects of employment law including issues relating to, and claims and litigation brought pursuant to, all federal and state employment statutes, including Title IX and Title VII. This includes claims of age/gender/race discrimination, faculty/student dismissals, claims under the Family with Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), and wage and hour claims under the Fair Labor Standards Act (FLSA). Counsel and representation related to labor relations, union election campaigns, and collective bargaining agreements, as well as representation before the National Labor Relations Board (NLRB).
  • Environmental: Environmental diligence and counsel involved in real estate transactions and property development, as well as counsel related to regulatory matters. 
  • General liability: Defense of colleges and universities, and their insurers, in general liability (negligence, premises, laboratory, campus safety/police department, automotive, liquor/dram shop liability), recreational/intramural/sports club claims, concussion/return to play claims, contractual indemnity, insurance coverage and other non-employment related litigation matters involving both small and catastrophic injury claims, from pre-suit mediation through jury trial.
  • Government and internal investigations: Conduct internal investigations, structure defenses, and interact with governmental agencies – including the Department of Education –   regulatory bodies – including the NCAA – and the enforcement community – including state, local, and federal authorities. Defense of college and universities and their administrators, boards, faculty, and staff, in criminal, civil, and administrative matters, at the federal, state, and local levels. Independent investigations into allegations unique to colleges and universities, including alleged violations of Title IX, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), and other federal, state, and local laws. The team includes certified Title IX investigators.
  • Health care law: Serving a large variety of academic medical centers and teaching hospitals, we provide counsel and representation related to fraud and abuse, credentialing/privileging, accreditation, licensure and certification, board and physician/faculty conflicts of interest, medical staff/faculty/board governance, health information management, HIPAA, patient care and quality of care, and managed care contracting, among others.  
  • Professional liability and licensure: Counsel and representation in matters involving allegations of professional liability and malpractice, and representation in Pennsylvania licensure issues.
  • Transactional counsel: Counsel and representation related to acquisitions, sales and divestitures, and commercial financing and leasing transactions.
  • Workers’ compensation: Counsel regarding workers’ compensation claims and risk management strategies.

Read full overview > Read less >

Related Practices

  • Appellate
  • Casualty Litigation
  • Commercial Litigation
  • Construction
  • Construction Defect/Injury Litigation
  • Corporate
  • Data Privacy & Cybersecurity
  • Employment and Employee Relations
  • Employment and Labor
  • Environmental
  • Health Care
  • Insurance Law
  • Internal Investigations & White Collar Defense
  • Labor
  • Liquor Liability Litigation
  • Premises Liability Litigation
  • Products Liability Litigation
  • Professional Liability
  • Professional Licensure
  • Wage and Hour
  • Workers' Compensation

Attorneys

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Richard B. Wickersham, Jr.

Richard B. Wickersham Jr.

Principal
Chair, Products Liability Practice Group

Philadelphia
Phone: 215-587-6612
Fax: 215-587-1444

rwickersham@postschell.com

James Malone Jr.

James R. Malone Jr.

Principal
Tax Controversy

Philadelphia
Phone: 215-587-1051
Fax: 215-320-4700

jmalone@postschell.com

Michael Winfield

Michael W. Winfield

Principal, Construction
Co-Chair, Commercial Litigation Practice Group

Harrisburg
Phone: 717-612-6024
Fax: 717-731-1985

mwinfield@postschell.com

News & Insights

News

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Forty-One Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2021

Erie County, Empower Erie, and Post & Schell Secure Approval for New Community College from Pennsylvania Board of Education

Thirty Post & Schell Attorneys Named Super Lawyers for 2020

Jodi S. Wilenzik Joins Post & Schell as a Principal in its Construction Practice Group in the Firm's Philadelphia Office

Kate Kleba Co-Presents on Managing FMLA/ADA Issues for the National Association of College and University Attorneys on March 22

Post & Schell Elects Five New Principals from the Firm's Professional Liability, Labor and Employment, Commercial Litigation, White Collar, and Insurance Law Practices

Post & Schell Secures Unanimous Jury Verdict for Thomas Jefferson University Hospital

Media & Articles

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Kayleen Egan Examines the Continuing Violations Doctrine's Application to Title IX Cases for Law360

Jim Malone Examines New Excise Tax for Exempt Organizations for Law360

Speaking Engagements

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Theresa Mongiovi and Jodi Wilenzik Present on Workplaces Investigations and Best Practices at Lancaster SHRM's June 2022 Breakfast Program on June 14

Theresa Mongiovi and Angela Sanders Present on OSHA's ETS and Employer Vaccine Mandates for Lancaster SHRM on Nov. 15

Paul Logan Serves on Panel Discussion on COVID-19-Related Lending on Brown & Brown Webinar on April 22

Kate Kleba Co-Presents on Managing FMLA/ADA Issues for the National Association of College and University Attorneys on March 22

Blogs and Thought Leadership

Toggle Button Open

U.S. Supreme Court Blocks OSHA “Vaccinate or Test” Mandate But Upholds CMS’ Vaccine Requirement for Healthcare Workers 

Sixth Circuit Dissolves Stay on OSHA's 100+ Employer COVID-19 Vaccine Mandate

Fifth Circuit Maintains Stay on OSHA’s 100+ Employer Mandate, Case Assigned to Sixth Circuit

OSHA Issues COVID-19 Vaccination Emergency Temporary Standard (ETS)

Congress Extends FFCRA Paid Leave...Sorta

New Jersey to Require COVID-19 Precautions in all Public and Private Places of Employment Beginning November 5, 2020

DOL Issues Revised Regs on the FFCRA in Response to S.D.N.Y Decision 

Post & Schell, P.C.'s Paycheck Protection Program Loan Forgiveness Tool

DOL Issues Much Anticipated Regs and IRS Issues Guidance on Families First Coronavirus Response Act

DOL Issues Third Round of Guidance on Families First Coronavirus Response Act

DOL Issues Second Round of Guidance on Families First Coronavirus Response Act

DOL Issues Initial Guidance on Families First Coronavirus Response Act and Publishes Required Model Notice

Employment Tax Aspects of the Coronavirus Response Act

Workers' Compensation Rights/ Obligations in Light of the Forced Government Shutdown Due to COVID-19

EEOC Issues New Guidance for Managing COVID-19 Risks Consistent with the ADA

President Signs Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

House Amends Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

U.S. House Passes Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

Steps Employers Can Take to Prevent and Respond to Claims of Sexual Harassment

FCC Commissioner Seeks Investigation of Wi-Fi Hotspot Limitations at Presidential Debate

Seventh Circuit: No Claim for Sexual Orientation Discrimination Under Title VII

NLRB's Northwestern Football Ruling Could Prove Disruptive, But Not a Done Deal, Yet

Overview Attorneys

As colleges, universities, and other educational institutions face increasing scrutiny of their key stakeholders – students, parents, alumni, faculty, and staff – they have seen a corresponding increase in oversight from the government and an increase in their liability and associated litigation. Today, campus administrators, general counsel, and boards of trustees contend with challenges that are not just legal and financial risks, but also present operational and reputational issues.

Post & Schell’s Higher Education Practice Group represents clients in higher education in a wide variety of compliance and litigation needs, including education legal liability, labor and employment, and general liability matters.

We serve clients that include:

  • Non-profit and for-profit colleges and universities
  • Academic medical centers, medical schools, and teaching hospitals
  • Insurers focused on colleges and universities

Several of the multidisciplinary Group’s attorneys are members of the National Association of College and University Attorneys (NACUA), the premier organization in the field of higher education law.

Our attorneys represent clients in:

  • Appellate: Advise, assist, and handle all aspects of both pre-trial and post-trial appellate matters. Our Appellate attorneys recommend creative strategic approaches at every point of the litigation process, from the opening of a file through to its conclusion.
  • Commercial litigation: Commercial litigation and contractual services, including counsel and representation related to complex individual and class action matters, directors’ and officers’ liability, business torts, and state fraud and consumer fraud statutes.
  • Construction projects: Advice from the initial stage of pre-construction to completion of the project and beyond, including: drafting, reviewing and negotiating construction contracts; complex construction accident, injury, and construction defect litigation; representation of clients in state and federal courts and state boards of contract appeals, as well as administrative agencies; counsel on matters of claims avoidance, project delivery methods, risk management, and scheduling issues, among others.
  • Data privacy and breaches: Compliance counseling and representation in litigation associated with data privacy and breaches.
  • Employment, employee relations, and labor matters:  Advice, counsel, and representation to higher education clients in all aspects of employment law including issues relating to, and claims and litigation brought pursuant to, all federal and state employment statutes, including Title IX and Title VII. This includes claims of age/gender/race discrimination, faculty/student dismissals, claims under the Family with Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA), and wage and hour claims under the Fair Labor Standards Act (FLSA). Counsel and representation related to labor relations, union election campaigns, and collective bargaining agreements, as well as representation before the National Labor Relations Board (NLRB).
  • Environmental: Environmental diligence and counsel involved in real estate transactions and property development, as well as counsel related to regulatory matters. 
  • General liability: Defense of colleges and universities, and their insurers, in general liability (negligence, premises, laboratory, campus safety/police department, automotive, liquor/dram shop liability), recreational/intramural/sports club claims, concussion/return to play claims, contractual indemnity, insurance coverage and other non-employment related litigation matters involving both small and catastrophic injury claims, from pre-suit mediation through jury trial.
  • Government and internal investigations: Conduct internal investigations, structure defenses, and interact with governmental agencies – including the Department of Education –   regulatory bodies – including the NCAA – and the enforcement community – including state, local, and federal authorities. Defense of college and universities and their administrators, boards, faculty, and staff, in criminal, civil, and administrative matters, at the federal, state, and local levels. Independent investigations into allegations unique to colleges and universities, including alleged violations of Title IX, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), and other federal, state, and local laws. The team includes certified Title IX investigators.
  • Health care law: Serving a large variety of academic medical centers and teaching hospitals, we provide counsel and representation related to fraud and abuse, credentialing/privileging, accreditation, licensure and certification, board and physician/faculty conflicts of interest, medical staff/faculty/board governance, health information management, HIPAA, patient care and quality of care, and managed care contracting, among others.  
  • Professional liability and licensure: Counsel and representation in matters involving allegations of professional liability and malpractice, and representation in Pennsylvania licensure issues.
  • Transactional counsel: Counsel and representation related to acquisitions, sales and divestitures, and commercial financing and leasing transactions.
  • Workers’ compensation: Counsel regarding workers’ compensation claims and risk management strategies.

Read full overview > Read less >

Richard B. Wickersham, Jr.

Richard B. Wickersham Jr.

Principal
Chair, Products Liability Practice Group

Philadelphia
Phone: 215-587-6612
Fax: 215-587-1444

rwickersham@postschell.com

James Malone Jr.

James R. Malone Jr.

Principal
Tax Controversy

Philadelphia
Phone: 215-587-1051
Fax: 215-320-4700

jmalone@postschell.com

Michael Winfield

Michael W. Winfield

Principal, Construction
Co-Chair, Commercial Litigation Practice Group

Harrisburg
Phone: 717-612-6024
Fax: 717-731-1985

mwinfield@postschell.com

Related Practices

  • Appellate
  • Casualty Litigation
  • Commercial Litigation
  • Construction
  • Construction Defect/Injury Litigation
  • Corporate
  • Data Privacy & Cybersecurity
  • Employment and Employee Relations
  • Employment and Labor
  • Environmental
  • Health Care
  • Insurance Law
  • Internal Investigations & White Collar Defense
  • Labor
  • Liquor Liability Litigation
  • Premises Liability Litigation
  • Products Liability Litigation
  • Professional Liability
  • Professional Licensure
  • Wage and Hour
  • Workers' Compensation

Insights

News Media & Articles Speaking Engagements Blogs and Thought Leadership

Forty-One Post & Schell Attorneys Named Pennsylvania Super Lawyers and Rising Stars for 2021

Erie County, Empower Erie, and Post & Schell Secure Approval for New Community College from Pennsylvania Board of Education

Thirty Post & Schell Attorneys Named Super Lawyers for 2020

Jodi S. Wilenzik Joins Post & Schell as a Principal in its Construction Practice Group in the Firm's Philadelphia Office

Kate Kleba Co-Presents on Managing FMLA/ADA Issues for the National Association of College and University Attorneys on March 22

Post & Schell Elects Five New Principals from the Firm's Professional Liability, Labor and Employment, Commercial Litigation, White Collar, and Insurance Law Practices

Post & Schell Secures Unanimous Jury Verdict for Thomas Jefferson University Hospital

Kayleen Egan Examines the Continuing Violations Doctrine's Application to Title IX Cases for Law360

Jim Malone Examines New Excise Tax for Exempt Organizations for Law360

Theresa Mongiovi and Jodi Wilenzik Present on Workplaces Investigations and Best Practices at Lancaster SHRM's June 2022 Breakfast Program on June 14

Theresa Mongiovi and Angela Sanders Present on OSHA's ETS and Employer Vaccine Mandates for Lancaster SHRM on Nov. 15

Paul Logan Serves on Panel Discussion on COVID-19-Related Lending on Brown & Brown Webinar on April 22

Kate Kleba Co-Presents on Managing FMLA/ADA Issues for the National Association of College and University Attorneys on March 22

U.S. Supreme Court Blocks OSHA “Vaccinate or Test” Mandate But Upholds CMS’ Vaccine Requirement for Healthcare Workers 

Sixth Circuit Dissolves Stay on OSHA's 100+ Employer COVID-19 Vaccine Mandate

Fifth Circuit Maintains Stay on OSHA’s 100+ Employer Mandate, Case Assigned to Sixth Circuit

OSHA Issues COVID-19 Vaccination Emergency Temporary Standard (ETS)

Congress Extends FFCRA Paid Leave...Sorta

New Jersey to Require COVID-19 Precautions in all Public and Private Places of Employment Beginning November 5, 2020

DOL Issues Revised Regs on the FFCRA in Response to S.D.N.Y Decision 

Post & Schell, P.C.'s Paycheck Protection Program Loan Forgiveness Tool

DOL Issues Much Anticipated Regs and IRS Issues Guidance on Families First Coronavirus Response Act

DOL Issues Third Round of Guidance on Families First Coronavirus Response Act

DOL Issues Second Round of Guidance on Families First Coronavirus Response Act

DOL Issues Initial Guidance on Families First Coronavirus Response Act and Publishes Required Model Notice

Employment Tax Aspects of the Coronavirus Response Act

Workers' Compensation Rights/ Obligations in Light of the Forced Government Shutdown Due to COVID-19

EEOC Issues New Guidance for Managing COVID-19 Risks Consistent with the ADA

President Signs Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

House Amends Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

U.S. House Passes Bill Requiring Employers to Provide Paid Leave to Employees Affected by the Coronavirus/COVID-19

Steps Employers Can Take to Prevent and Respond to Claims of Sexual Harassment

FCC Commissioner Seeks Investigation of Wi-Fi Hotspot Limitations at Presidential Debate

Seventh Circuit: No Claim for Sexual Orientation Discrimination Under Title VII

NLRB's Northwestern Football Ruling Could Prove Disruptive, But Not a Done Deal, Yet

 

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