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Education Department to Hold Owners, Individuals, Board Members Liable for Higher Education Institutions

By Farnaz Farkish Thompson, Jonathan Blank, Daniel C. Masakayan & John S. Moran on March 2, 2023
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Today, the U.S. Department of Education announced it will hold individuals representing corporations or other legal entities, including a member of the board of directors or a chief executive officer, personally liable for the institution of higher education in certain circumstances. Federal Student Aid will require them to sign an institution’s program participation agreement to assume joint and several liability for the institution’s performance of its obligations in the agreement.

Read on for details about this development and implications for school leaders across the country.

Photo of Farnaz Farkish Thompson Farnaz Farkish Thompson

Co-leader of McGuireWoods’ Education Industry Team and Higher Education Practice Group, Farnaz has extensive experience representing corporations and institutions of higher education in high-profile litigation and government investigations. She is a trusted advisor with a keen eye for due diligence in education-related transactions…

Co-leader of McGuireWoods’ Education Industry Team and Higher Education Practice Group, Farnaz has extensive experience representing corporations and institutions of higher education in high-profile litigation and government investigations. She is a trusted advisor with a keen eye for due diligence in education-related transactions, including those within the edtech sector.

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Photo of Jonathan Blank Jonathan Blank
Read more about Jonathan BlankEmail
Photo of Daniel C. Masakayan Daniel C. Masakayan

Daniel is an associate with the Labor and Employment group with experience in labor and employment counseling and litigation, in the areas of management-side employment and education law. He assists businesses and educational institutions in a variety of employment and regulatory compliance matters.

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Photo of John S. Moran John S. Moran

John Moran is a member of the firm’s nationally recognized Government Investigations and White Collar Litigation department. A former senior official at the U.S. Department of Justice (DOJ) and the White House and an experienced litigator and counselor, John draws on his broad…

John Moran is a member of the firm’s nationally recognized Government Investigations and White Collar Litigation department. A former senior official at the U.S. Department of Justice (DOJ) and the White House and an experienced litigator and counselor, John draws on his broad experience from private practice and government service to advise and represent clients in government enforcement, congressional investigations, high-stakes civil disputes, and regulatory litigation. He also serves as co-chair of the firm’s Congressional Investigations practice, representing both companies and individuals in congressional investigations and hearings and is a member of the firm’s Appeals & Issues group.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    Subject to Inquiry
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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