Experience with Educational Institutions (multi-practice)

Experience with Educational Institutions

Our corporate, intellectual property and real estate groups have worked extensively with the State universities and Board of Regents on a variety of matters including:

Represented Arizona State governmental bodies in the corporate structuring of a leading bioscience research institute and negotiation of Affiliation Agreement among Arizona Board of Regents, ASU, UA, NAU and the research institute, addressing issues including representation on the board of directors; faculty recruitment, joint employment; intellectual property; and employer policies on conflicts of interest
Served as outside counsel to ASU in connection with structuring of the legal form of entity for a vehicle for ASU’s College of Education
Served as outside counsel to ASU in connection with structuring the legal form of entity for ASU’s proposed involvement in a number of different ventures, including a major research laboratory, the commercial spin-off of a photovoltaic testing laboratory, and the operation of an archaeological property in Mexico
Counsel to ASU in connection with a contract intended to provide to ASU the economic equivalent of stock ownership in a corporation that uses intellectual property in which ASU holds an interest (a “phantom stock” arrangement)
Counsel to ASU in negotiating and drafting e-mail and related services agreement with Google
Counsel to the UA Science and Technology Park in connection with negotiating land use entitlements for the annexation, zoning and development of a portion of the Park with the City of Tucson and KB Home
Representation of UA before the Committee on Academic Freedom and Tenure
Defended UA in both state and federal court litigation brought by tenured professor alleging violations of both the Arizona Administrative Procedure Act and the U.S. Constitution.
Represented UA in the trial and appeal of a breach of contract claim brought by a subcontractor arising from the manufacture of a unique scientific instrument.
Represented Arizona State governmental bodies in the corporate structuring of a leading bioscience research institute and negotiation of Affiliation Agreement among Arizona Board of Regents, ASU, UA, NAU and the research institute, addressing issues including representation on the board of directors; faculty recruitment, joint employment; intellectual property; and employer policies on conflicts of interest
Served as outside counsel in connection with structuring of the legal form of entity for a vehicle for ASU’s College of Education
Served as outside counsel to ASU in connection with structuring the legal form of entity for ASU’s proposed involvement in a number of different ventures, including a major research laboratory, the commercial spin-off of a photovoltaic testing laboratory, and the operation of an archaeological property in Mexico
Counsel to ASU in connection with a contract intended to provide to ASU the economic equivalent of stock ownership in a corporation that uses intellectual property in which ASU holds an interest (a “phantom stock” arrangement)
Represented software company in negotiating and drafting a master joint research and technology development agreement with University of Oklahoma and related third party sub-contracts for federally funded research project

Other representations of educational institutions include the following:

Represented community colleges regarding fair use of copyrighted works and copyright guidelines and intellectual property ownership policies.
Advised community colleges regarding clearance and federal registration of names and slogans.
Represented community college districts in acquiring or forcing transfer of domain names that are confusingly similar to the names of its institutions.
Represented K-12 school district in allegation of copyright infringement arising from parent’s participation in and coordination of class art project.
Advised public university regarding right of publicity and copyright claims arising from controversial public art project sponsored by professor and implemented by students.
We have represented various public school districts in numerous student disciplinary hearings before independent hearing officers, as well as on appeal before the Governing Board.
We have provided training to public school administrators, covering issues such as due process and search and seizure.
We have regularly advised public school districts on issues relating to enrollment, including open enrollment, residency requirements, guardianship status, students living in “unorganized territory,” and homeless students under the McKinney-Vento Homeless Assistance Act.
Defended MCCCD in its dispute with Superior Edge, Inc. involving the termination of the software license agreement for the MIDAS system. We filed a successful motion to transfer venue, which was followed shortly thereafter by a favorable settlement.
Defended MCCCD in Digital Millennium Copyright lawsuit arising from professor’s posting of copyrighted works on a web page. We filed a successful motion to transfer venue, which was followed shortly thereafter by a favorable settlement.
MCCCD Contract negotiations with high-level employees
MCCCD Trademark applications and enforcement
MCCCD Domain name recovery and disputes
MCCCD Creation of a district wide copyright policy
MCCCD Various employment terminations and disputes

In general, the Business Section has performed a wide range of services in all types of contract and business matters, including transactional, securities, public finance, and general corporate work on behalf of governmental entities and private and public corporations in Arizona and elsewhere. Our contract and corporate work for school districts has included the following matters:

We have advised a district on its contract procedures and prepared an in-house seminar for them on a wide range of contract issues.
We have represented a district in a contract issue regarding Sprint cellular systems.
We have represented a district on several public contract issues.
We have represented a district on numerous lease agreements and public purchase issues.
We have represented a district regarding a telecommunications contract issue.
We worked with a district on a contract for telephone system services.
We have advised a district regarding its Rental Agreement for Use of School Facilities.
We have revised a district’s option and easement agreement with various entities.
We have represented a district on several contract issues and a settlement/release agreement matter.