Category: Client Alerts
Negotiated Rulemaking Forges Ahead: Key Themes from the Public Comments and What to Expect Going Forward
On July 24, 2025, the U.S. Department of Education (ED) announced its intent to convene two negotiated rulemaking committees to implement the higher education provisions in the One Big Beautiful Bill Act (OBBBA) as well as other administration priorities. The Reimagining and Improving Student Education (RISE) Committee will consider changes […]
Federal Judge Vacates Two Department of Education DEI Directives on Procedural Grounds
In a 76-page memorandum opinion dated August 14, 2025 (“Dkt. 83”), Maryland District Court Judge Stephanie A. Gallagher found unlawful the U.S. Department of Education’s (“ED”) Dear Colleague Letter of February 14, 2025 (“Letter”), and “The Reminder of Legal Obligations Undertaken in Exchange for Receiving Federal Financial Assistance and Request […]
DOJ Issues New Guidance on DEI Programs for Federal Fund Recipients
On July 29, 2025, Attorney General Pam Bondi released a nine-page memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (“DOJ DEI Memo”).[1] Although characterized as “non-binding,” the DOJ DEI Memo provides supplemental guidance[2] on the Department of Justice’s current interpretation of federal antidiscrimination laws as applied to […]
FOURTH CIRCUIT STAYS INJUNCTION PENDING APPEAL IN DEI CASE
The legal developments related to diversity, equity, and inclusion (“DEI”) continue to evolve. On March 14, 2025, the United States Court of Appeals for the Fourth Circuit issued an Order granting the government’s motion for a stay of the preliminary injunction entered by a Maryland district court in February. Nat’l […]
HMBR LEGAL ALERT: U.S. Department of Education January 14, 2025 Dear Colleague Letter re: Misrepresentation by External Service Providers
We write to provide HMBR’s perspective on the Dear Colleague Letter issued on January 14, 2025 (“January 2025 DCL”) by the U.S. Department of Education (“Department”), shortly before the end of the Biden Administration. A. Introduction The January 2025 DCL sets forth the Department’s “[n]otice of interpretation regarding misrepresentation by […]
Understanding Title VI Enforcement Amidst Columbia University Action
Last week, the Trump Administration announced the cancellation of $400 million in federal grants and contracts to Columbia University, citing alleged violations of Title VI of the Civil Rights Act of 1964 (“Title VI”) related to antisemitism on campus. This action represents a significant departure from the established regulatory enforcement […]
Federal Court Vacates 2024 Title IX Regulations: What’s Next for Educational Institutions?
With less than two weeks left in President Biden’s term, a federal court has vacated the Biden administration’s overhaul of the regulations implementing Title IX (“Final Rule”). On January 9, 2025, Chief Judge Danny Reeves of the U.S. District Court for the Eastern District of Kentucky entered an order declaring […]
FTC Announces Rule Banning Non-compete Agreements
The FTC has banned non-compete clauses in most employment contracts with very few exceptions to the prohibition. While this ban does not apply to “senior workers,” that are in a position to “make policy” for an organization, or a business owner that owned 25% or more of a company at […]
CLIENT ALERT: U.S. DEPARTMENT OF EDUCATION ISSUES NEW TITLE IX REGULATIONS
The U.S. Department of Education has issued its much-anticipated Final Rule on Title IX, which will go into effect on August 1, 2024. In a press release, Secretary of Education Miguel Cardona described the Final Rule as furthering Title IX’s 50-year legacy and promise of “an equal opportunity to learn and thrive in our nation’s schools free from sex discrimination.”
CLIENT ALERT: U.S. Department of Justice Issues Long-Awaited Final Rule on Accessibility of Web Content and Mobile Apps Provided by Public Entities
On April 8, 2024, the U.S. Department of Justice (“DOJ”) issued the Final Rule on the Accessibility of Web Information and Services of State and Local Government Entities. The Final Rule implements new requirements under Title II of the Americans with Disabilities Act (“ADA”) for State and local government entities to provide […]