Higher Education

Counseling

The firm provides proactive and responsive counseling to help institutions of higher education navigate the intricate legal landscape and ensure regulatory compliance. We offer guidance on federal and state constitutional considerations, including freedom of speech and due process. Our team assists with the development of policies, training programs, and risk management strategies related to a broad range of federal and state anti-discrimination, anti-harassment, civil rights, whistleblowing and employment-related laws. These include Title IX, Section 504, the Americans with Disabilities Act (ADA), Title VII, the New Jersey Law Against Discrimination (NJLAD), the Conscientious Employee Protection Act (CEPA), the federal and New Jersey Family Leave Acts (FMLA and NJFLA), New Jersey wage and hour laws and regulations, and other relevant statutes.

We assist in the oversight of internal investigations and situation management protocols. We also advise on institutional governance, ethical considerations, fiduciary responsibilities of board members, and student and faculty policy violations, misconduct and disciplinary concerns. Our counseling services are designed to help institutions implement best practices, manage risk, and foster a compliant and equitable environment.

Litigation

When litigation arises, the firm has broad expertise in vigorously defending higher education institutions in both state and federal courts. Our extensive experience in defending against a wide variety of claims encompasses Title IX claims, employment disputes brought under Title VII, NJLAD, CEPA and the ADA, as well as matters related to faculty contracts and tenure. We provide a strong defense in litigation concerning academic and disciplinary matters, discrimination and sexual misconduct allegations, and other civil rights claims, as well as cases based on alleged violations of federal and state constitutional considerations. We defend board members and employees in matters involving institutional governance.

We assist higher education institutions with a full range of education-specific matters and compliance issues, including those related to tenure, employee benefits, compensation and discrimination. We have litigated employment and civil rights claims on behalf of colleges and universities in cases brought by faculty, students, administration personnel, academic medical staff, and police and security personnel.

Our litigators have handled many cases involving liability for educational institutions that are entities of the State of New Jersey and have litigated tort claims and provided counsel on the availability of absolute and qualified immunity under the New Jersey Tort Claims Act.

Greenbaum also provides litigation support to colleges and universities in land use and zoning disputes related to redevelopment projects, eminent domain and construction matters, as well as in business and operational issues on campuses including negotiations with municipal entities

Transactional Matters

The firm provides strategic legal support for the business and operational aspects of higher education institutions. We have experience representing colleges and universities in real estate transactions, including those involving property acquisition, land use issues, environmental concerns including compliance guidance, public private partnerships, and construction issues associated with campus development and expansion initiatives, as well as competitive energy supply agreements with third party natural gas and electricity suppliers.

We also assist clients in the higher education sector with a variety of business transactions, including the drafting and negotiation of contracts and agreements, employment agreements, financing and incentives for campus development, executive benefits and compensation issues, tax matters, and the structuring of endowment and charitable giving programs.