Government Investigations

Government Investigations in Education

Education institutions are subject to a broad array of rules, regulations, and requirements covering every aspect of their mission, and oversight has been increasingly aggressive. We bring decades of experience in dealing with investigations, whether government-initiated, in response to whistleblower complaints, or because of internal compliance reports of improper activities.

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Compliance obligations are expanding, and government enforcement of them is intensifying, at a time when resources are becoming increasingly constrained. Non-compliance with these obligations can lead to significant liability, reputational loss, and even put funding at risk.

Our combination of deep regulatory expertise and investigative experience enables us to serve clients effectively, efficiently, and sure handedly. We strive to obtain the best outcome for you. Ideally, we aim to achieve a satisfactory resolution short of trial. When that is not feasible, we have tried — and won — hundreds of cases.

Representative experience

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Obtained the first reported False Claims Act decision ruling that DOJ may not sue state universities.
Represented one of the nation’s leading research institutions in a multi-agency False Claims Act investigation led by DOJ focusing on more than US$1bn of charges to federal grants.
Successfully defended a public health research center housed within a major research university in a False Claims Act qui tam investigation involving US$900m of HHS grant funding.
Secured summary judgment for a public postsecondary education company in a False Claims Act lawsuit claiming violation of the U.S. Department of Education’s incentive payment rule.
Counseled a university in its handling of three separate research misconduct complaints pertaining to its obligations to the HHS Office of Research Integrity and potential civil litigation risk.
Persuaded DOJ to decline intervention in a qui tam suit filed against a public university alleging effort reporting irregularities associated with National Institutes of Health (NIH) grants.
Persuaded DOJ to decline intervention in a qui tam case filed against a public university. Subsequently, we obtained dismissal of the relator’s case.
Represented several for-profit postsecondary education institutions in a congressional investigation of alleged misrepresentations to students and violations of the ban on incentive payments to recruiters.
Negotiated a favorable settlement with DOJ and the state attorney general for a nonprofit higher education institution in a federal and state False Claims Act case alleging violation of the incentive payment rule by the institution and a distance education service provider.

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