Covington has a long history of working with universities, research laboratories, associations of scientists and cultural institutions on a wide range of legal and commercial matters. As colleges, universities and museums have opened branches overseas and new research centers have been formed to foster innovation and economic development, our lawyers have been there to provide advice on governance, risk management, intellectual property and other legal matters. As technology has helped to improve the quality and availability of distance learning, our lawyers have provided counsel on licensing and development issues. Our clients include leading universities and medical research institutes. We also represent Fortune 500 pharmaceutical, biotechnology, medical device, veterinary and agricultural companies. In addition, our lawyers advise some of the world’s largest and most innovative software and technology services companies. Our work for both for-profit and non-profit research entities keeps us on the leading edge of international developments in the law and in commercial practice.
We provide a full range of services to universities, museums and other organizations involved in academic and scientific research and other educational endeavors. Our services include the following:
Governance and Administrative Procedures We have experience in advising boards of trustees and similar governing bodies of academic and cultural institutions on a wide variety of corporate governance issues, such as scope of authority, conflict of interest policies, advice on fiduciary duties, compliance policies, procedures for executive evaluation and compensation and board education.
Lobbying Rules and Non-Profit Tax Issues We represent tax-exempt organizations on a wide variety of sophisticated tax matters, including the application of the lobbying expense deduction disallowance rules, the rules applicable to supporting or “friends of” organizations, public disclosure requirements, unrelated business income tax (UBIT), the creation, operation and use of for-profit subsidiaries and structuring affiliations among tax-exempt and for-profit entities.
Crisis Management Legal issues can quickly become crisis management issues with strategic risks to the university. Covington’s Strategic Risk and Crisis Management group helps clients develop comprehensive strategies that allow them to carry on with their non-profit mission. Senior members of the group include former Homeland Security Secretary Michael Chertoff; former Comptroller of the Currency John C. Dugan; Ambassador Stuart Eizenstat; former NFL Commissioner Paul Tagliabue; and Thomas Williamson, former U.S. Solicitor of Labor. This team brings decades of experience advising clients on managing high-profile governmental, transactional, and investigative matters in the US, Europe, Africa and Asia.
Risk Management and Insurance Coverage Covington has one of the world’s preeminent insurance coverage practices for policyholders. We help our university policyholder clients recover insurance proceeds for a wide variety of claims, including environmental liabilities, property losses, D&O, E&O, and a wide array of other exposures.
Sponsored Research Universities engaged in research that is sponsored by corporations or other funders frequently encounter issues relating to the ownership of the intellectual property assets created in the course of such sponsored research. Our lawyers advise university clients on a host of issues involving the ownership of intellectual property developed in research, particularly the complex issues arising in international joint research collaborations.
Intellectual Property and Technology Transfer The work of scholars in a university or research institute can create important and valuable intellectual property assets (IP). The proceeds from the sale or licensing of these IP assets can be reinvested in the research mission of the university, creating a virtuous cycle of innovation and reward. We have advised universities on the development of IP management policies and appropriate agreements with faculty and staff that will create incentives for the discovery, development and transfer of new knowledge for the benefit of researchers, the university and the general public. As specialists in the fields of intellectual property, data privacy and government regulation of scientific research, we routinely advise clients on research and development transactions, Bayh-Dole Act issues, collaborations, patent licensing, branding, commercialization of inventions, royalty monetization, early stage financings and other matters relating to the creation, development and commercialization of new technologies.
Data Security and Information Technology Universities typically have their own sophisticated IT systems that handle student records, HR records and other typical business applications. IT systems are also increasingly important for the delivery of online course materials and classes. Legal advice may be required on issues relating to data privacy (including issues under the Family Educational Rights and Privacy Act), database protection, encryption, cloud computing, export control matters, electronic payment systems, electronic contracting and peer-to-peer file sharing. We also advise clients in IT functionality for distance learning, digital libraries and related 21st century instruction methods.
Ethical Business Practices We have advised non-profits on compliance issues arising under the FCPA and other anti-corruption and money laundering statutes. Our work for non-profits includes advising clients on the interpretation and application of anti-corruption laws, conducting anti-corruption risk assessments and devising tailored anti-corruption compliance programs. Clients who have anti-corruption risk have also turned to us to conduct internal investigations and for advice on how to negotiate favorable settlements. On behalf of a non-profit client, we recently obtained a seldom-issued advance ruling from the U.S. Department of Justice authorizing our client to engage in a transaction that had been flagged as high-risk from a corruption perspective.
Trademarks and Brand Management A university’s brand can be one of its most important assets. We have experience in advising numerous clients on trademark issues, including drafting branding policies, licensing guidelines and licensing agreements. We have developed strategies for the international protection of famous brands and crafted systems for policing infringement of famous marks.
Amateur Athletics We provide advice to domestic and international amateur athletic associations, including collegiate conferences and individual universities on a wide range of issues, including TV broadcast and sports media, stadium finance and trademark issues.
Human Resources, Faculty and Staff Universities frequently hire overseas staff or faculty. We can advise on the terms of employment (including salaries and benefits), and develop policies for the selection, hiring, promotion, discharge, supervision and training of staff or faculty.
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