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Antitrust | Colleges & Universities | Debt Financing | Health Care
Intellectual Property & Rights Management | International | Investment Management
Life Sciences | Private Equity | Private Investment Funds | Real Estate | Securities & Public Companies
Sports Law | Technology Companies | Venture Capital & Emerging Companies


image   Peter Erichsen, Co-Head
Harvard Law School, 1981
800-951-4888 x7098
peter.erichsen@ropesgray.com

image   Chris Klem, Co-Head
Harvard Law School, 1977
800-951-4888 x7410
christopher.klem@ropesgray.com


Firm-wide collaboration allows us to provide insightful, targeted advice on every possible business and legal issue while maintaining intimate knowledge of our clients’ unique needs.

We advise clients in the areas of endowment matters, bond financing, charitable giving, tax, benefits, compensation, university governance, labor and employment, student affairs, health care and academic medical centers, and compliance.


 

Peter Erichsen (Harvard Law School '81), David Brill (Boston University School of Law '08), and Kendi Ozmon (Harvard law School '01).


What have we done lately?
  • We have represented several major colleges and universities recently in the issuance of taxable bonds. One particularly significant project was the one billion dollar bond issuance by Princeton University. We served as external counsel to the University. For a description of the associate's role in this transaction, click here.
  • We currently represent Brown University and President Ruth Simmons with regard to a claim brought before the Rhode Island Superior Court by a non-tenured track faculty member who alleges that she was promised that she would receive reappointments every five years for life, unless the University would have had grounds to terminate her as a tenured faculty member. She sued the University after she received a two and a half year reappointment instead of the five to which she claims to be entitled.  She is still a faculty member at this time. The University denies her claim.
  • We have advised major academic institutions on matters pertaining to academic dishonesty, including a case where a student charged the college with discriminatory treatment due to racial bias after being expelled for plagiarism.
  • We represented academic medical centers and faculty practice plans around the country in extensive investigations by the OIG and the Department of Justice into physician billing under the Physician at Teaching Hospitals or “PATH” initiative.

 
Laura Damerville (Harvard Law School Class of '07)

"In my time at the firm, I've been able to work on a variety of matters for college and university clients.  In addition to analyzing complex tax issues relating to endowments and tax-exempt status, I have also been asked assist in providing answers to some very interesting and unique questions arising from the wide variety of activities that take place on a college or university campus. During my first year at the firm, for example, I researched the reporting of payments made by a university to individuals who had been human research subjects. 

Working with college and university clients to help them accomplish their educational missions is extremely rewarding. Ropes & Gray provides junior associates with a tremendous amount of responsibility, and I have enjoyed being able to work with clients directly and learn first-hand about their activities and concerns."

When do we meet?
We have a lunch meeting monthly where members give informal presentations to update the group on current work.

Our Service Areas
Endowment Matters

We advise extensively on investment vehicles and direct investment programs. Our broadly diversified investment management practice provides clients seeking advice on fund investments with in-depth knowledge of the industry and virtually all major funds, and intimate knowledge of “market” terms, resulting in cost savings and influence in the negotiation process.

Bond Financing
Drawing on our specialized knowledge of tax-exempt bond markets, we serve
as borrower, underwriter, and bond counsel to several of the nation’s leading universities on simple fixed-rate borrowings for new projects, complex refundings with derivative products, and post-closing compliance efforts.

Charitable Giving
We advise on all aspects of charitable giving and development, including gifts of property, planned giving, income and estate tax consequences, and the administration of charitable trusts and support organizations.

Tax
A wide variety of tax issues affect colleges and universities, including the unrelated business income tax, joint ventures with taxable and tax-exempt organizations, IRS audits, and state and federal information and tax returns. We advise on these issues as well as scholarship and fellowship payments, lobbying and political activities, and faculty and staff housing programs.

Benefits
Our attorneys advise clients on employee benefits, plan administration, compliance, U.S. Department of Labor and IRS audits and investigations, litigation, and changes or proposed changes in the law.

Compensation
We assist many colleges and universities in negotiating employment agreements for their presidents and other key employees, structuring deferred compensation arrangements, developing procedures to comply with the IRS “intermediate sanctions” rules, and drafting compensation disclosure on the IRS Form 990.

University Governance
Combining our traditional strengths in corporate and tax law with our extensive work for charitable boards and management, we provide insightful solutions to university governance questions.

Labor & Employment Matters
We provide full-spectrum guidance on all labor and employment matters, including faculty and staff collective bargaining, union organizing, employee discipline, discrimination, immigration, record retention and privacy, and affirmative action compliance.

Student Affairs
Many colleges and universities seek our advice regarding student disciplinary matters, disability access and accommodations, student health services, and admissions policies and practices.

Healthcare Matters and Academic Medical Centers
Our interdisciplinary health care practice focuses on all aspects of internal and external relationships affecting universities that operate programs of medical education and biomedical research in conjunction with both related and unrelated teaching hospitals.

Compliance
We help private and public universities, academic medical centers and research institutions ensure compliance with general and industry-specific regulatory requirements, ranging from fiduciary and governance concerns to financial reporting and the use of human subjects for scientific and medical research.

We also represent numerous teaching hospitals, post-secondary schools, a range of scientific, technical, biotechnology and medical research organizations, and world-renowned museums. We rely on our General and Specialized Litigation, Intellectual Property, and Real Estate Groups for settling disputes, protecting knowledge, and guiding development efforts.