PUBLIC FINANCE

  • Served as counsel for nearly 300 primary and secondary school issuances totaling more than $6.7 billion in Arizona, California, Colorado, Delaware, Louisiana, Maryland, New Jersey, North Carolina, Pennsylvania, Texas, Utah, and Washington, D.C.
  • Acted as bond counsel, underwriters’ counsel, borrower’s counsel, and other roles in over 425 higher education financings in the U.S. aggregating over $35 billion. These financings have supported the development of campus facilities, clinical facilities, research buildings, student housing (both university owned and privatized housing), auxiliary facilities, and stadiums located around the country.
  • Served as underwriter’s counsel in financings for an internationally prominent research, health care, and educational organization and its affiliates, comprising 15 issues aggregating approximately $1.7 billion. These transactions financed or refinanced the construction of new hospitals, research facilities, clinical facilities and educational facilities in Minnesota, Arizona, Wisconsin and Florida.
  • Served as special counsel to a private university since 2002 on debt financings totaling more than $3 billion, including the issuance of tax-exempt and taxable bonds, including a $795,000,000 bond financing that closed in 2018.
  • Involved as borrower’s counsel, bond counsel or underwriter’s counsel in financings for three Ivy League universities aggregating over $6 billion.

TAX/EXEMPT ORGANIZATIONS

  • Analyzed and structured virtually every type of municipal bond transaction, including bonds for essential governmental functions, economic development, health care, housing, exempt facilities, gas prepays, and refundings. In the past 10 years alone, we have served as special tax counsel for more than $7.2 billion in financings throughout the United States.
  • Participated in the issuance of more than $1 trillion in tax-exempt obligations in all 50 states, the District of Columbia, and American territories.
  • Represented a university as special counsel in the issuance of tax- exempt debt and other financing arrangements. Representation involved assisting with structuring and coordination of the transaction, negotiating the financing documents with public issuers, underwriters, and credit enhancers, and advising on federal tax and securities law legal.
  • Represented a large, Washington, D.C.-area university as special counsel in the issuance of tax-exempt debt and other financing arrangements.

CHARTER SCHOOLS

  • Served as bond and disclosure counsel on the largest tax-exempt bond financing for a charter school in Colorado.
  • Served as bond counsel on numerous financings for seasoned charter schools in Utah, Arizona, California, Delaware, Washington, D.C., Pennsylvania, Maryland, and New Jersey to secure tax-exempt bond funding.

REAL ESTATE

  • Represented a private university in a number in real estate transactions, including:
  • The development of a $100 million-plus student housing project that includes a 361,200-square-foot mixed-use student housing and retail project.
  • As counsel to the university’s development partner in the City Council zoning remapping and text amendments for the former University City High School property.
  • In defending amendments to the university’s Institutional Development District (now called a SP-INS District) from a third party appeal filed by a civic association.
  • Represented a private university in helping a development group execute a far-reaching campus expansion program. We created a comprehensive set of integrated, customized form contracts and documents that facilitated every step of a complex construction project, including contracts for consultants, design, and construction .We also negotiated contracts for specific projects, using these forms as a starting point, and advised on risk management, sustainability, and project delivery issues.
  • Represented a developer with and for academic institutions on the following projects:
  • The urban redevelopment of a technology park.
  • Twin 100,000-square-foot wet and dry lab buildings located within a 75-acre mixed-use area on campus.
  • Advised on the preparation and negotiation of key deal documents, including a development agreement, ground lease, parking agreement, lead tenant lease, and reciprocal easement agreement for an $80 million multibuilding life science park in conjunction with a university.
  • Represented the joint venture in the development, financing, and leasing of a research building, including drafting and negotiating condominium documents, ground lease, tenant leases, and financing in a joint venture project with a university science center.
  • Advised the developer on the initial acquisition of real estate, including a purchase and sale agreement, development agreement, and leases for a project with a university health sciences entity, as well as restrictive covenants, and assisted in complex environmental due diligence on the project site.
  • Represented the builder in the drafting and negotiation of design-build agreements for a major medical office building constructed on top of a structured parking facility.

CIVIL RIGHTS/INVESTIGATIONS

  • Reviewed Title IX programs at colleges and universities to ensure compliance with OCR requirements, VAWA, and White House recommendations.
  • Defending a university against a reverse discrimination suit brought by a male student, who was disciplined following the university’s finding him responsible for domestic violence against another student.
  • Represented a university in a learning-disability case filed against the NCAA and other universities by a former high school athlete claiming that he was denied a football scholarship to a Division I school, because the NCAA declared him ineligible after it refused to give credit to his special education courses. During more than ten years of litigation, the case was before the Third Circuit on two separate appeals.
  • Provide on-going advice to a large public university on proportionality in athletic opportunities for male and female athletes; providing training to the university’s athletics department, Title IX Coordinator, and counsel on structuring athletic programs to comply with Title IX.
  • Regularly revise existing sexual harassment and misconduct policies, student code of conduct and grievance procedures, including student handbooks, athletics handbooks, and other documents for public dissemination.
  • Conducted an internal investigation for a large Pennsylvania school district relating to federal and state invasion of privacy and civil rights claims arising from school district’s use of remote monitoring technology in computers issued to students. Represented the school district in all related civil litigation and regulatory inquiries. No criminal charges were filed.

LITIGATION

  • Successfully represented a major university in Philadelphia against highly publicized claims that the university reneged on a commitment to provide the requisite amount of financial aid to Philadelphians.
  • Successfully defended a university against highly publicized charges of harassment arising out of the alleged failure of the university to supervise faculty.
  • Defended a major university in a personal injury action brought by a teenager who sustained severe injuries during an unsupervised tackle football game on university property.
  • Represented a university in numerous fraternity recognition and discipline actions.
  • Represented an Ivy League institution in antitrust actions.
  • Defending multiple universities against COVID-19 tuition refund suits.

LABOR AND EMPLOYMENT

  • Representing a public university in labor and employment matters, including day-to-day advice and training, employment discrimination claims, labor arbitrations and unfair labor practice charges such as claims by tenured and non-tenured faculty related to removal and work assignments. In addition, we represented the university in a successful petition to remove department chairs from an existing faculty bargaining unit and in the campaign by an affiliate of the American Federation of Teachers to add more than 1400 adjunct faculty to its existing faculty bargaining unit. For many years, we have served as counsel to the Chief Negotiator for the university in connection with the University’s negotiations with the unions representing 13 different bargaining units, including the faculty, which has included assisting the university in managing two faculty strikes and obtaining an unprecedented back-to-work order that saved the fall semester.
  • Assisting several universities, public and private, in wage and hour compliance, including assisting in conducting an internal audit of more than 4,000 positions for one public university.
  • Regularly represent a private university in labor and employment matters, including successfully representing Penn before the National Labor Relations Board in two attempts by Penn’s graduate students to organize under the National Labor Relations Act, handling discrimination claims.
  • Provide routine employment counseling to a private university and represented the University in defending against discrimination, ADA, FMLA, and harassment lawsuits, and administrative charges.
  • Representing two Pennsylvania public universities in labor matters including organizing campaigns by faculty, graduate students, police and public safety officials, and non-professional employees, as well as day-to-day advice on a variety of employment matters.

STUDENT LENDING

  • Structure and document programs for secured and unsecured small-dollar loans, credit cards, deposit accounts, student loans, rent-to-own transactions, retail installment sales, and home improvement loans
  • Assist secondary market participants and other entities involved in federal and state guaranteed student loan programs, income share agreements, private and supplemental student loan programs, and related tuition payment plans and school debit card plans.
  • Defend various student lenders and servicers from all manner of class actions and individual claims, including cases involving claims of fraudulent and deceptive marketing practices, breach of contract, violations of student loan servicing laws, unfair collection practices, and improper reporting to credit bureaus.
  • Represent lenders and servicers of all sizes in connection with examinations, investigations, and enforcement actions brought by federal and state regulatory agencies operating in this space, including the CFPB, the Department of Education, prudential banking regulators, and attorneys general and banking departments in California, Iowa, Massachusetts, Minnesota, New York, and Wisconsin.

STUDENT HOUSING

  • Represented PNC in both the equity and debt financing for the construction of Lincoln Grant Scholar House, the Covington, Ky. affiliate campus for Family Scholar House, a non-profit that provides housing and support services to low-income, single-parent college students and their children. Our attorneys handled the equity financing, which included Low Income Housing Tax Credits and Historic Tax Credits. As well the debt financing, including construction, bridge, and permanent financing. The $11 million renovation will turn the originally 1931 school building into apartments, offices, and restore the auditorium for community use.
  • Represented a national banking association as letter of credit bank counsel in connection with the replacement of an existing letter of credit to support New Castle County, Delaware's $44,965,000 New Castle County, Delaware Student Housing Refunding Revenue Bonds issued for the benefit of a provider of college student housing. The transaction was for $38.7 million.
  • Represented the developer of Falls Center, a mixed-use commercial condominium redevelopment of a historically certified former hospital campus in Pennsylvania (the former Women's College of Medicine), containing 700,000 square feet of leasable space. The latest phase included a 160,000-square-foot lease of a historic building to a university for student housing, construction financing, partial refinancing of existing debt, introduction of new equity investment, and sale of historic tax credits. We resolved issues raised among multiple parties with disparate, often adverse interests, including the university tenant, construction lender, overall project lender, historic tax credit investor, and new additional equity investor. We advised on federal and local tax issues, condominium, leasing, and other real estate and partnership issues.

INTELLECTUAL PROPERTY

  • Perform patent counseling and portfolio maintenance for more than 30 major colleges, universities, and research institutions that are producing cutting-edge technologies and collectively represent over $9 billion of research funding.
  • Serve as counsel to major research universities in connection with evaluating, developing, de-risking and protecting diverse technologies.
  • Assist several universities and their sponsored incubators and accelerators to help drive their technologies to market. We provide legal and educational services to the companies housed in the incubators and accelerators ranging from patent prosecution to license negotiations.
  • Assist universities navigate and respond to inquiries surrounding the requirements under the Bayh-Dole Act.
  • Develop and help implement Intellectual Property Guidelines and Policies for colleges, universities and research institutions.
  • Serve as counsel to many student-run companies through Ballard’s BASE program where we provide legal advice and support, as well as access to regular educational seminars and programs and opportunities to meet and network with other young entrepreneurs and others in the startup community.

EXPORT CONTROLS, ENERGY, P3

  • Developed export control programs, including policies, forms, and procedures, for several major universities, and regularly provide training and advice to those universities and their faculty on compliance with the deemed export rule, particularly regarding the use of foreign national students, postdocs, and visiting faculty in research.
  • Representing a private university in connection with the design-build-finance-operate maintain development of a new combined heat and power facility on campus.
  • Represented a developer and operator of clean energy in the acquisition of a private, Catholic university’s combined heat and power facility.
  • Serving as counsel to private university in connection with the P3 development of a new energy system and boilers for on-campus energy and steam. Ballard is drafting and commenting on all project documents and financing documents and assisting the University with all legal and commercial terms and elements.