Today, the U.S. Department of Education issued a "Dear Colleague" letter containing "significant guidance" summarizing and explaining the views of the Department of Education and Department of Justice on the applicability of Title IX to transgender students. The letter is accompanied by a Department of Education document titled "Examples of Policies and Emerging Practices for Supporting Transgender Students."
The guidance documents make clear that the Department of Education will treat gender identity as functionally equivalent to the student's sex for purposes of Title IX compliance. In short, schools receiving federal funds "must not treat a transgender student differently from the way it treats other students of the same gender identity."
The Department of Education asserts that this guidance does not constitute new law but simply offers "information and examples" to help covered schools comply with the law. However, the guidance immediately attracted extensive media attention and clearly indicates that covered schools should pay attention to what will likely be a contentious area of regulatory and investigative focus.
Day Pitney LLP and Cohen Seglias Pallas Greenhall & Furman PC recently announced the launch of their joint Title IX Investigations Initiative. This initiative will allow the firms to provide existing and new clients fuller services in the wake of a growing number of Title IX investigations. The initiative will encompass regulatory inquiries and investigations likely to be generated by increased attention to Title IX issues in the context of transgender students.
Day Pitney Newsletter
Mark Salah Morgan authored an article, "Strengthening Egypt's IP Laws Could Help Fight Brain Drain," which was published in Law360.
Day Pitney Newsletter
Dina Kapur Sanna and Carl A. Merino co-authored an article, "Long Arm of the Law: The Risk to U.S. Practitioners of Prosecution for Facilitating Foreign Tax Offenses," in the June 2017 issue of Trusts & Estates.
On June 15, Dina Kapur Sanna and Carl A. Merino moderated a discussion panel at the Cambridge International Wealth Advisors Forum 2.0 held in Lisbon about the role of wealth advisors as "gatekeepers" to the financial system and measures being implemented by different jurisdictions to combat money laundering and tax evasion, including obligations imposed on lawyers and other advisors.
Adam Grant was quoted in an article, "Content Requirements in Angola Cost Halliburton More Than $29 Million in SEC Disgorgement and Penalties," published in The Anti-Corruption Report.
Jed Davis was quoted in an article, "'Click Fraud' Trial To Test Reach Of Feds' Cybercrime Powers," in Law360.
Steven Cash was quoted in a pair of articles, "Trump-Mueller tensions escalate," published in The Hill; and "Jeff Sessions' appointment of special prosecutor bites Trump," published in The Washington Times.
Eric Fader was quoted in an article, "Nurses Hit Hardest by Medicare and Medicaid Exclusions," published in Bloomberg BNA's Health Care Fraud Report.
Stan Twardy, Elizabeth Latif and Eric Sussman were successful in having a federal judge dismiss a False Claims Act lawsuit against our client Sikorsky Aircraft Corp.