Trump’s Lawyers Urge Judge Curiel to Keep Deposition Video Secret

U.S. District Judge Gonzalo P. Curiel, whom Donald Trump has publicly denounced as a “hater,” will decide whether to release videos of the presumptive Republican presidential nominee’s testifying in a lawsuit against Trump University, reports NBC News.

The videos Trump’s lawyers want to keep out of the public record are from Trump’s deposition late last year and early this year in a class-action lawsuit accusing him of fraud. They said there’s “no legitimate reason” for the plaintiffs to submit the videos, arguing that the only motive to submit the videos is to create “prejudice” against Trump.

“This is precisely the type of ‘prejudice’ our adversarial system demands,” the ex-students’ lawyers said, adding that Trump “may think anything that does not go his way is unfair, but that is clearly not the legal definition of unfair prejudice,” according to the report by NBC’s .

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9th Circuit Removes Judge Who Slashed Attorney Fees From BarBri Antitrust Class Action

Lawyers who won a $9.5 million settlement in a conspiracy case involving bar exam review courses will get a second chance to seek $2 million in attorneys’ fees, the 9th Circuit has ruled, according to a report by Courthouse News Service.

Plaintiffs sued West Publishing, which offers BarBri prep courses, and Kaplan in 2008, claiming the two colluded to block competition in the market for bar review courses.

The opinion also noted that the appellate court has reversed the trial judge’s denials and reductions of attorneys’ fees three times in a related case. Because of that pattern, the panel ordered that the case be assigned to a different judge on remand.

“In light of the history of this case and related litigation, it is clear to us that the district judge would have ‘substantial difficulty in putting out of his … mind’ his previously expressed erroneous findings and conclusions and that ‘reassignment is advisable to preserve the appearance of justice,'” according to the opinion.

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Judge to Consider Timing of Trump University Trial

A federal judge in San Diego said he wanted a trial by the middle of this year in a lawsuit against Donald Trump over the now defunct Trump University, according to a report by ABC News. That was before the real estate mogul appeared headed for the Republican presidential nomination.

“U.S. District Judge Gonzalo Curiel is expected to address the trial’s timing at a hearing Friday in San Diego. Trump’s lawyers, who have put the candidate on a list of witnesses who may testify, have signaled opposition to a trial while Trump is in the race,” the report says.

“This will be a zoo if it were to go to trial,” Trump lawyer Daniel Petrocelli said at a hearing in March.

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70 Percent of 2015 Law Grads Working Full-Time in Legal Field

Results of a study released by the American Bar Association show that 70 percent of the 39,984 graduates of the 205 ABA-accredited law schools last year now have full-time, long-term employment in positions that require or prefer a JD.

“Among the class of 2015, 1.7 percent had solo practices, 40.7 percent worked for law firms and 14.6 percent had ‘business & industry’ positions, 11.6 percent worked in government, 4.7 percent had public interest jobs, 8.4 percent were doing clerkships and 1.6 percent reported education positions,” the ABA reported. “Almost 9.7 percent — 3,871 graduates — were unemployed and seeking employment.”

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Day Pitney and Cohen Seglias Create Collaborative Team for Title IX Investigations

Day Pitney LLP and Cohen Seglias Pallas Greenhall & Furman PC announce the launch of their joint Title IX Investigations Initiative. This initiative will allow the firms to provide both existing and new clients greater services in the wake of a growing number of Title IX investigations, the firm says.

Title IX, enacted in 1972, prohibits discrimination on the basis of sex in federally funded educational programs and activities. This is a growing area of concern for many public and private schools, colleges and universities. Besides applying to faculty employment and sport team participation, Title IX also applies to how academic institutions are handling complaints of sexual harassment and sexual violence.

“Our collaborative practice will promptly investigate allegations and provide the results of that investigation to the academic institution – the idea is to combine the best practices from law enforcement and internal corporate investigations with experience in working within the unique setting of academia,” says Day Pitney attorney Steven Cash, who has served at the federal and state level in the executive, legislative and judicial branches, including the Manhattan District Attorney’s Investigations Division, and as Counsel on the Senate Committee on the Judiciary.

The New York Times recently reported how some colleges have increased budgets and have even hired teams within schools to handle the increasing number of cases in an article, “Colleges Spending Millions to Deal With Sexual Misconduct Complaints.”

“Our goal is to provide academic institutions with a team that has the necessary skills that are not generally found in educational facilities, including prosecutorial, investigative, and Title IX litigation experience,” said Paul Thaler, Managing Partner of Cohen Seglias’ Washington, DC office. “ In addition we understand the sensitivity required by academic institutions to oversee these investigations.”

The Title IX Investigations Initiative’s team also includes Christopher Carusone, former Chief Deputy Attorney General in the Pennsylvania Attorney General’s Office and Secretary of Legislative Affairs and Executive Deputy General Counsel in the Pennsylvania Governor’s Office; Stanley A. Twardy, Managing Partner at Day Pitney and former United States Attorney for the District of Connecticut; and Helen Harris, Day Pitney partner and White Collar group chair.

 




NY AG: Trump University Fraud ‘Pretty Straightforward’

New York Attorney General Eric Schneiderman said that evidence of the fraud perpetrated by Trump University is “pretty straightforward,” reports CNN Money.

“It [was] a bait and switch scheme,” he said on CNN’s New Day Friday, defending his and other lawsuits against the school. “He did ads saying my hand-picked instructors will teach you my personal secrets. You just copy what I did and get rich.”

While Schneiderman said it’s clear that Trump was not involved in hiring instructors or creating the program’s curriculum, “If you tell people we’re going to teach you Donald Trump’s secrets, and he never had any part in writing the curriculum, that’s fraud,” Schneiderman said.

In the CNN interview, Schneiderman said thousands of students paid millions of dollars to the school, which closed in 2010. While the attorney general’s suit is a civil suit rather than a criminal action, Trump could face millions in fines, Schneiderman said.

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Latham & Watkins Advises Leonard Green Partners on Acquisition of Majority Stake in Ellucian

Ellucian, TPG Capital and Leonard Green Partners have announced that they have entered into a definitive agreement under which TPG and Leonard Green will acquire a majority interest in Ellucian, the leading global provider for higher education software and services. As detailed in the company-issued press release below, the transaction is expected to close before the end of 2015, subject to customary closing conditions, including the receipt of regulatory approvals.

Latham & Watkins LLP represents Leonard Green in the transaction with a corporate deal team led by New York partners Howard Sobel and Paul Kukish, with associate Spencer Ricks. Advice also was provided on finance matters by Washington, D.C. partner Jennifer Van Driesen; on tax matters by Chicago partner Joseph Kronsnoble; on antitrust matters by Brussels partner Héctor Armengod; and on benefits and compensation matters by New York associate Austin Ozawa.

From the release:

FAIRFAX, Va. & SAN FRANCISCO & LOS ANGELES–(BUSINESS WIRE)–Ellucian, the leading global provider for higher education software and services, today announced that TPG Capital (“TPG”) and Leonard Green Partners (“Leonard Green”) have entered into a definitive agreement to acquire a majority interest in Ellucian from Hellman & Friedman (“H&F”) and co-investor JMI Equity.

“We are delighted to welcome TPG and Leonard Green to the Ellucian team,” said Jeff Ray, chief executive officer of Ellucian, who will continue to lead the organization. “Their investment validates and enhances our growth strategy and underscores our commitment to our customers and the success of their students. We believe TPG and Leonard Green will be tremendous partners as we work to accelerate our cloud offering, enhance our student information systems, and broaden our product portfolio. We also would like to thank H&F for supporting our company’s growth over the past six years. We have enjoyed a strong partnership and look forward to building on our success for years to come.”

“Ellucian’s industry leadership, global reach, management depth, and deep vertical focus on enabling higher education institutions to leverage technology to improve student outcomes position the company well for continued success and growth,” said Bryan Taylor, partner at TPG. “TPG has been focused on software designed for specific end-market verticals for a number of years, and we’ve been impressed with the breadth and depth of Ellucian’s products. We are excited to leverage our experience and global resources to invest in and partner with this team to help them continue to grow their platform for their customers.”

“Ellucian has established itself as a leader in helping institutions support student success in the rapidly-evolving higher education landscape,” said John Danhakl, managing partner of Leonard Green. “We look forward to supporting this mission in the coming years.”

“Jeff and the Ellucian team have guided the company through a period of impressive growth and extensive investment in the product portfolio,” said Anupam Mishra, managing director of H&F. “We are excited about the meaningful impact Ellucian will continue to make on improving higher education globally. The company is truly unparalleled in its ability to do so.”

The transaction is subject to customary closing conditions, including receipt of regulatory approvals, and is expected to close before the end of 2015.

Simpson Thacher & Bartlett LLP served as legal counsel for Ellucian and Hellman & Friedman. Morgan Stanley & Co. LLC, BofA Merrill Lynch, BMO Capital Markets Corp., and Barclays served as financial advisors to TPG and Leonard Green. Credit Suisse and Goldman, Sachs & Co. served as financial advisors to Ellucian. Ropes & Gray served as legal counsel for TPG and Latham & Watkins LLP served as legal counsel for Leonard Green.

About Ellucian
Ellucian is the world’s leading provider of software and services institutions need to help students succeed. More than 2,400 institutions in 40 countries rely on Ellucian to help enable the mission of higher education. Ellucian provides student information systems (SIS), finance and HR, recruiting, retention, analytics and advancement software solutions. With more than 1,500 institutions subscribing to Ellucian’s cloud services and SaaS offerings, the company is one of the largest providers of cloud-based solutions. Ellucian also supports the higher education community with a range of professional services, such as application software implementation, training, education, and management consulting. Visit Ellucian atwww.ellucian.com.

About TPG Capital
TPG is a leading global private investment firm founded in 1992, with over $74 billion of assets under management and offices in San Francisco, Fort Worth, Austin, Dallas, Houston, New York, Beijing, Hong Kong, London, Luxembourg, Melbourne, Moscow, Mumbai, São Paulo, Shanghai, Singapore and Tokyo. TPG has extensive experience with global public and private investments executed through leveraged buyouts, recapitalizations, spinouts, growth investments, joint ventures and restructurings. The firm’s investments span a variety of industries including healthcare, energy, industrials, consumer/ retail, technology, media & communications, software, financial services, travel, entertainment and real estate. For more information visit www.tpg.com.

About Leonard Green
Leonard Green is one of the nation’s preeminent private equity firms with over $15 billion of private equity capital raised since inception. Founded in 1989, the firm has invested in 76 companies in the form of traditional buyouts, going-private transactions, recapitalizations, growth capital investments, corporate carve-outs and selective public equity and debt positions. Based in Los Angeles, CA, Leonard Green invests in established companies that are leaders in their markets. For more information, please visit www.leonardgreen.com.

About Hellman & Friedman
Hellman & Friedman is a leading private equity investment firm with offices in San Francisco, New York, and London. Since its founding in 1984, H&F has raised over $35 billion of committed capital. The firm focuses on investing in superior business franchises and serving as a value-added partner to management in select industries including software, internet & media, financial services, business & information services, healthcare, energy & industrials and retail & consumer. For more information on Hellman & Friedman, please visit www.hf.com.

About JMI Equity
JMI Equity is a growth equity firm focused on investing in leading software and services companies. Founded in 1992, JMI has invested in over 120 businesses in its target markets and has raised more than $3 billion of committed capital. Combining domain expertise and active partnership, JMI works with management teams to build market-leading businesses and create long-term shareholder value. Realized investments from JMI funds include Axeda, BigMachines, Compusearch, Eloqua, Gemcom, PowerPlan and ServiceNow. For more information on JMI, visit www.jmi.com.




New LSU General Counsel Can’t Practice Law in Louisiana

LSU-System-logoThe Louisiana State University System’s newly hired, $270,000-a-year general counsel does not have a license to practice law in Louisiana, reports the New Orleans Advocate.

New GC Thomas Skinner officially started work in January, leaving a Chicago law firm, where he specialized in regulatory and environmental matters.

The GC’s inability to litigate won’t be a problem for the system, says Daniel T. Layzell, the university’s new vice president for finance and administration. “We hired him to oversee our legal strategy, the legal needs of the university.”

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For-Profit Education Groups Sue to Block Gainful Employment Rules

EducationInside Higher Ed reports that the for-profit education sector’s primary trade group on Thursday filed suit in federal court to block gainful employment regulations, which the U.S. Department of Education unveiled last week.

On its website, Insidee Higher Ed said that a federal judge in 2012 halted a previous attempt by the Obama administration to enact rules for vocational programs at for-profits, community colleges and other institutions. While the judge found that the department was within its rights with the overarching thrust of the regulations, the judge also said the department failed to establish its reasoning behind one of the metrics.

The Association of Private Sector Colleges and Universities filed the suit, alleging that gainful employment “repeats and exacerbates” problems that led to its previous version being held up in court, calling the rules arbitrary.

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Conducting Title IX Investigations

EducationHinshaw & Culbertson LLP will present a complimentary webinar on how to conduct investigations into complaints of sexual assault and other civil rights violations in educational institutions.

The webinar will be Tuesday, Nov. 11, at 1 p.m. Eastern time.

On its website, the firm says that, for colleges, universities and school districts, mishandling sexual assault or harassment investigations can jeopardize student safety and lead to government scrutiny and public relations nightmares. The pressures faced by schools to get these investigations right are mounting as media attention grows.

Hinshaw partner Lora Zimmer, a trained Title IX investigator, will lead the webinar.

The program will cover:

  • Title IX overview
  • Best practices for handling civil rights investigations
  • Standards of proof
  • Interview skills
  • Patterns of behavior of victims and offenders
  • Confidentiality issues

Register for the webinar.