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FTC’s proposed ban of employer non-competes: Are non-profits exempt?

The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment...


Evaluation of transcript withholding practices in the U.S. relation to recent CFPB report

The Consumer Financial Protection Bureau (CFPB) issued Supervisory Highlights in late September 2022 stating that post-secondary institutions that provide loans directly to students...


Updated U.S. Department of Education guidance on Section 117 Foreign Gift and Contract requirements

This advisory summarizes Section 117 requirements and enforcement, highlights key aspects of the updated guidance, and identifies considerations for higher education institutions given the...


Department of Education releases long-awaited Title IX proposal

On June 23, 2022, the U.S. Department of Education (ED) released its long-awaited proposal to amend ED's regulations implementing Title IX of the Education Amendments of 1972 (Title...

Insights and Analysis

NSPM-33 guidance: key considerations for federally-funded research institutions
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On 4 January 2022, the White House Office of Science and Technology Policy (OSTP) issued Guidance to federal agencies for implementing National Security Presidential Memorandum 33 (NSPM-33) ...


New veterans education law reinstates foreign student recruitment carve-out to incentive payment ban

After nearly one year of advocacy efforts and watchful waiting by education associations and other stakeholders, Congress has now confirmed via legislation that institutions may approach...


NLRB General Counsel seeks to further shake up college sports

Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under...


Department of Education embarks on negotiated rulemaking

On October 4, 2021, the U.S. Department of Education (ED) commenced the first of five negotiated rulemaking sessions. The five sessions are focused on the federal student financial aid...


White House announces COVID-19 safety measures for onsite federal contractors

On 29 July 2021, the Biden Administration announced a wave of White House programs to boost vaccination rates in the United States, including programs aimed directly at federal contractors. ...

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