Educational Institutions
 

Our Creative Approach to Assisting Educational Institutions
Because Shefsky & Froelich has a long and substantial history of counseling and representing educational institutions of all descriptions, we bring expansive and pragmatic experience to our work with large and small public and private schools, colleges and universities; institutional clinics, hospitals and health care services; for-profit and not-for-profit institutes, libraries and museums. The questions, opportunities, challenges and problems these entities face generally require knowledge of several areas of the law, and sometimes involve conflicting regulatory directives. We know that coordinated team representation is fundamental to resolving their complex legal issues, solving problems and efficiently accomplishing goals. Our attorneys’ collective skills, creative thinking and collaborative experience create solutions that clients appreciate.

Our ability to understand the dilemmas, goals and objectives of educational entities comes directly from our attorneys’ experience; measured in years of service as Board of Trustee members and counsel to a number of educational institution boards, as well as long tenure advising faculty and administrative committees. For example, our managing partner Anthony R. Licata served on the Board of Midwestern University, partner Stuart K. Taussig is a former Chairman of The Spertus Institute Board of Trustees, and partner Sherri Thornton-Pierce was, prior to joining Shefsky & Froelich in 2007, an Associate General Counsel to the Chicago Board of Education. You will find additional relevant practice experience in the attorney biographies that follow. 

In brief, we understand educational institutions because we have served them, from within and without – and continue to do so.

A Full Spectrum of Clients and Projects
Here is a representative list of our Educational Institution clients:

Administrative and Corporate Matters
Acquisition and sale of university properties, including land use matters and intergovernmental agreements affecting the transfer of buildings and grounds, such as opening or closing campus locations and related utility and service contracts; tax issues, and finance.

            We worked with the Chicago Board of Education to assist in developing an admissions program for magnet, gifted and selective enrollment schools that uses socio-economic status rather than race or national origin as an admissions criteria, following the United Supreme Court’s decision in Parents Involved in Community Schools v. Seattle School District No.1, 551 U.S. 701 (2007), where the Supreme Court prohibited the use of race as a determining factor in elementary, middle and high school admissions.

            One of our attorneys represented a bank lender extending financing to two different colleges/universities for new student residence and classroom buildings.

            For MidwesternUniversity, we provided counsel and accomplished the sale of the school’s hospital and chain of medical clinics to a large publicly traded hospital chain and managed the application of the proceeds of the sale to open a second campus for the school.

            We represented Chicago’s Columbia College in the purchase of a major property on Michigan Avenue and in the zoning negotiations that allowed for construction of the College’s new media production center on South State Street. 

            The Spertus Institute retained Shefsky & Froelich in connection with acquiring tax increment financing for the construction of a new high-rise building to house its Center for Learning.

            We represented Chicago International Charter Schools in connection with obtaining the passage of planned development ordinances by the Chicago City Council and related approvals allowing the establishment of two new charter school campuses in Chicago.

            Advised public university in connection with the development of an Independent Review Board for bioengineering and psychological experimentation on human subjects.

            One of our partners represented the Archdiocese of Chicago in the sale and lease of multiple properties and government relations issues.

            The State of Washington retained one of our attorneys to assist in outreach to the U.S. Department of Education regarding funding for local school idstrics for special education.

            Advised Chartwell Educational Dining Services on government relations issues with regards to Chicago Public Schools.

Intellectual Property
Our work for educational and other public institutions often involves providing counsel and representation regarding licensing and respective intellectual property rights of the institution and its employees concerning intellectual property developed by employees during the time of their employment, including the transfer of technology. We regularly provide counsel regarding the clearance and registration of trademarks, service marks, slogans and logos, copyright issues and advertising compliance and clearance. We also represent our clients in IP infringement litigation, domain name dispute proceedings, trade secret violations, and claims of false advertising and unfair competition.

            One aspect of our work in intellectual property for educational institutions is illustrated by the successfully settled case in which we represented the Board of Trustees of a Midwestern university in opposing a State Supreme Court petition for discovery in a case alleging a scheme to monopolize a highly specialized cancer therapy treatment and alleged misuse of the school’s trade and service mark.

            For a major public university, we provided advice and counsel, and on-site coordination, regarding access to and inspection of archived library materials relating to international media inquiries, to allow for access to the sensitive materials while safeguarding sensitive privacy interests.

            On behalf of a public university, we negotiated various agreements to house, inventory and ultimately to donate a prominent private collection to the school’s archive library.

Legislative and Regulatory
Our attorneys have represented educational institutions in a number of issues relating to Independent Review Board reviews and related internal and external regulatory matters. We have.

            Counseled university trustees and committees regarding internal review board consideration of research and ethical issues in both social and medical sciences, including neuroscience, bioethics, bioengineering, genetic research and psychological studies; FOIA inquiries and responses; advance directives and guardianships.

            Represented the Board of Trustees of Northern Illinois University in a lawsuit alleging violation of the Open Meetings Act.

            Represented North Park University on a number of land use related matters, including negotiation of a major ground lease from the Metropolitan Water Reclamation District, and

            While working with an educational institution client on another matter, the Shefsky & Froelich attorney recognized a disparity in Illinois law. She and the client brought the issue to state legislators who promptly introduced a bill to amend the Illinois Human Rights Act to extend the same prohibitions against sexual harassment that apply to colleges and universities to elementary and secondary schools.

Charitable Planning and Dispute Resolution
For decades, we have worked with educational institutions and their donors in developing planned giving programs, including the establishment of endowed faculty chairs and scholarships for students, as well as structuring gifts and bequests to fund programs for restricted or general research. Attorneys in our Trusts and Estates department advise donors on numerous tax-efficient gift and testamentary techniques, including creating and administering private foundations, pooled income funds, donor-advised funds, charitable lead and remainder trusts, life insurance planning, and gifts of appreciated property. We also advise charitable organizations on applying for and maintaining tax exempt status.

As Shefsky & Froelich attorneys are continuously involved in sophisticated estate planning for high net worth clients, a significant part of that practice concerns large gift donation planning, the establishment and maintenance of foundations, sophisticated planning involving charitable lead trusts, remainder trusts and philanthropic funds. It has been our privilege to advise and represent, among others, the Henry and Gladys Crown Charitable Trust Fund, the Hyatt Foundation and the Lillian H. Florsheim Foundation for the Arts. As a result, our attorneys are particularly capable in representing educational institutions in disputes involving the issue of donor intent in creating trusts that benefit an institution. 

            One of our senior litigators represented Roosevelt University before the Illinois Supreme Court in the landmark case Eychaner v. Gross, 202 Ill.2d 228 (2002).

            More recently, one of our senior trial lawyers successfully represented members of the Board of Directors of the Terra Foundation, in conjunction with the Office of the Illinois Attorney General, in emergency litigation to preserve the assets of the charitable trust for the purpose intended by the donor.

            Our attorneys represented all Illinois law schools in a case before the Illinois Supreme Court on the issue of a cy pres award in a class action suit. (Cy pres is the legal doctrine that allows a court freedom in interpreting the terms of a will or gift if carrying out the terms literally would be impracticable.)

Employment and Labor Issues
We represent private and public entities and institutions in connection with all aspects of employment issues, regulation, and discrimination – with particular expertise in dispute resolution and litigation. Our work includes conducting internal investigations of alleged misconduct, litigation in federal and state courts involving those issues, as well as alleged statutory and contract violations. We represent clients before administrative bodies such as the Equal Employment Opportunity Commission, the Illinois Department of Human Rights, and the Chicago Commission on Human Relations, among others.  We also handle negotiations and labor and employment contract arbitrations for public and private institutions.

            While serving as Associate General Counsel for the Chicago Board of Education, Ms. Thornton-Pierce represented the Board and supervised other attorneys representing the Board in state and federal discrimination charges and litigation.

            Shefsky & Froelich attorneys represented a state university in cases involving employment-related claims under Title 7 and Section 1983.

            Our attorneys are conducting an internal investigation on behalf of a local university on employment related issues.

Management of Construction-Related Disputes
Shefsky & Froelich attorney’s experience with construction-related disputes encompasses litigation arising from contract negotiations; design and construction defects; change orders; undisclosed site conditions; delay, acceleration and abandonment claims; mechanics liens, property damage, and insurance coverage, including defense of title claims. Our attorneys manage complex construction-related matters in state and federal courts, through the American Arbitration Association, and in other alternative dispute resolution venues.

            For East-West University, a private comprehensive university in Chicago, one of our partners handled all of the zoning and land use approvals for a 17-story, 165,000 square foot vertical campus building for mixed use – student housing, administrative offices and academic purposes.

            For Loyola University in Chicago, our partner lead the successful accomplishment of the zoning and land use approvals for the school’s Lakeshore Campus planned development and sports and athletic facilities.

            Noble Network of Charter Schools retained our partner for the resolution of government relations, zoning, building code compliance and land use issues and disputes for several charter high school, and Chicago International Charter School required similar assistance with zoning and land use approvals for their elementary school campus.

Litigation and Dispute Resolution
We know how to work with school districts and state agencies to solve problems. As discussed below, our attorneys have conducted and concluded landmark litigation for public schools in our diverse representation of the Chicago Board of Education over many years. Our creative, imaginative hard work translates our client goals into successful strategies in negotiation, settlement and litigation. 

            In United States v. The Board of Education of the City of Chicago, 609 F. Supp.2d 649 (N.D. Ill. 2009), we represented the Chicago Board of Education in a challenge to a 29-year old desegregation consent decree. The court vacated the 1980 consent decree, finding that there were no vestiges of race discrimination remaining in the district and also struck a portion of the amended decree dealing with bilingual education.

            We currently represent the Board of Education of the City of Chicago in a case captioned In Re Corey H., 92 cv 3409 (N.D. Ill.), in connection with the Board’s efforts to vacate a consent decree concerning the Individuals with Disabilities Education Act (IDEA).

            We have successfully represented school districts insured by the Illinois School District Agency in appellate matters.

            We currently represent the Illinois State Board of Education in administrative hearings dealing with potential revocation of teacher certifications.

            Our attorneys represented all Illinois law schools in a case before the Illinois Supreme Court on the issue of a cy pres award in a class action suit. (Cy pres is the legal doctrine that allows a court freedom in interpreting the terms of a will or gift if carrying out the terms literally would be impracticable.)