Application Cover Sheet – Educational Affairs, Public Accountability & Governance (EAPAG) Section

Firm Name and Primary Address / Firm Website
EAPAG Relationship Partner / EAPAGRP Email Address / EAPAGRP Phone (Direct Dial)
EAPAGAdministrative Contact / EAPAGAC Email Address / EAPAGAC Phone (Direct Dial)
# Current Partners / # Senior Counsel/Senior Attorneys / # Associates
Firmwide: Higher Ed Section: / Firmwide: Higher Ed Section: / Firmwide: Higher Ed Section:
# Partners Departed Since 1/1/14 / # Senior Counsel Departed Since 1/1/14 / # Associates Departed Since 1/1/14
Firmwide: Higher Ed Section: / Firmwide: Higher Ed Section: / Firmwide: Higher Ed Section:
Office Location / Partner in Charge / Local EAPAG Expertise?
CA – Irvine/Orange County / Significant Moderate Minimal/None
CA – Los Angeles / Significant Moderate Minimal/None
CA – Riverside / Significant Moderate Minimal/None
CA – Sacramento/Davis / Significant Moderate Minimal/None
CA – San Diego / Significant Moderate Minimal/None
CA – San Francisco/East Bay / Significant Moderate Minimal/None
CA – Silicon Valley / Significant Moderate Minimal/None
US – Washington DC/Maryland/Virginia / Significant Moderate Minimal/None
US – Other / Significant Moderate Minimal/None
International – Africa / Significant Moderate Minimal/None
International – Asia/Pacific / Significant Moderate Minimal/None
International – Europe / Significant Moderate Minimal/None
International – Latin/South America / Significant Moderate Minimal/None
Please list standard/rack (i.e., undiscounted) rates in the table below.
Subspecialty Expertise / Partner Hourly
Rates/Ranges / Counsel Hourly
Rates/Ranges / Associate Hourly
Rates/Ranges / Paralegal Hourly Rates
Blended / $ / $ / $ / $
Ethics and Public Accountability
Governance Authority / $ - $ / $ - $ / $ - $ / n/a
Open Meetings / $ - $ / $ - $ / $ - $ / n/a
Financial Conflict of Interest / $ - $ / $ - $ / $ - $ / n/a
Public Records / $ - $ / $ - $ / $ - $ / n/a
Lobbying / $ - $ / $ - $ / $ - $ / n/a
Equity and Civil Rights
ADA / $ - $ / $ - $ / $ - $ / n/a
First Amendment / $ - $ / $ - $ / $ - $ / n/a
Title IX / $ - $ / $ - $ / $ - $ / n/a
Regulatory Compliance
Export Control / $ - $ / $ - $ / $ - $ / n/a
Research compliance, research integrity / $ - $ / $ - $ / $ - $ / n/a
Student Affairs
Admissions, recruitment & financial aid / $ - $ / $ - $ / $ - $ / n/a
Undocumented Students / $ - $ / $ - $ / $ - $ / n/a
Misconduct / $ - $ / $ - $ / $ - $ / n/a
NCAA Rules & Regulations / $ - $ / $ - $ / $ - $ / n/a
Student Housing / $ - $ / $ - $ / $ - $ / n/a

Are you willing to offer more favorable rates to the University, as a governmental/non-profit organization? Yes No
If yes, please describe on an attached sheet the percentage discount from the above rack rates, blended rate range(s), or other hourly fee concessions you are willing to extend to the University if selected to participate on the OGC Panel.

Supplemental Application – Educational Affairs, Public Accountability & Governance (EAPAG) Section

Background

  1. Provide a narrative describing your firm’s higher education practice and your firm’s public entity practice, with particular emphasis on any public higher education expertise and accomplishments. Please address your experience relevant to each of the subspecialty fields you selected on the application cover sheet.
  1. Provide a list of representative clients and mattersrelevant to the subspecialty fields you selected on the application cover sheet during the past five years. Please provide contact information for any references you wish to offer.

Staffing and Staffing Philosophy

(Please provide a link to a bio/CV for each attorney named in this section.)

  1. To whom would you assign primary responsibility for each of the individual subspecialties identified on the above application form?
  1. Provide the names, billing rates, and CVs of all attorneys who you anticipate will staff any EAPAG matter in each of the identified subspecialties.
  1. What types of tasks ordinarily are assigned to associates in your practice related to the EAPAG needs?

Subspecialty Experience

Ethics & Public Accountability

  1. Describe your firm’s experience in advising the University of California in the following areas in the last five years. If you have not previously advised the University of California, identify other public entities you have advised in these areas and explain how you would expect application of the relevant laws to the University to be similar to or different from their application to other public entities:
  1. Public entity governance authority, including, for example, issues related to state and federal preemption and the Constitutional autonomy of the University of California and/or other entities exercising independent Constitutional authority
  2. Bagley-Keene Act, the Brown Act, or other similar open meeting laws
  3. Financial conflict of interest laws and regulations such as the Political Reform Act, Government Code section 1090, and the Public Contract Code
  4. California Public Records Act (CPRA), Information Practices Act (IPA), Family Educational Rights and Privacy Act (FERPA), health information privacy laws, data privacy and data protection laws and regulations (including EU rules) and the intersections of these laws
  5. Restrictions on and disclosures regarding lobbyingand political activity by public entities and 501(c)(3) entities
  1. How many public entities have you advised on ethics and public accountability issues within the last three years?
  1. In the course of a calendar year, how often does your firm advise a public entity on ethics and public accountability issues? How much of this advice deals with complex or novel issues, as opposed to routine and straightforward application of the relevant laws?
  1. Describe and explain any ethics and public accountability issues about which you have advised public entity clients in the last five years that are not addressed by existing case law.

Equity & Civil Rights

  1. Describe your firm’s experience in advising universities in any of the following areas. Provide examples of higher education clients represented and projects handled within the last five years.
  1. Americans with Disabilities Act, including Title II and Title III issues with focus outside employment context, including, Department of Education Office of Civil Rights (OCR) and California Department of Fair Employment and Housing (DFEH) investigations
  2. First Amendment, including, for example free exercise and religious establishment concerns, freedom of expression, academic freedom and assembly issues, including, for example issues related to student protests and counter-protests, discriminatory harassment and protected speech, and expenditure of funds from mandatory student fees
  3. Title IX, including, for example sexual harassment, violence and assault investigations (especially affecting students) and related CPRA and FERPA issues and OCR compliance reviews, as well as athletic program requirements and pregnancy discrimination issues as they affect students

Regulatory Compliance

  1. Describe your firm’s experience advisinguniversities and/or Federally Funded Research and Development Centers on research contracting, research administration, research integrity, and research compliance matters. Provide examples of clients represented and projects handled within the last five years in any of the following areas, including, for example advice regarding investigations and audits:
  1. Federal and state regulations governing use of controlled substances for research purposes and/or chemical, biological and radiation safety
  2. Federal grants, allowable costs, OMB Circulars/Uniform Guidance, Federal Acquisition Regulation (FAR), and Department of Energy Acquisition Regulation (DEAR)
  3. Federal agency regulatory practice (e.g., NSF, NIH, DOD)
  1. Describe your firm’s experience in advising universities and/or Federally Funded Research and Development Centers in any of the following areas. Provide examples of clients represented and projects handled within the last five years:
  1. Export control (ITAR, EAR, and OFAC) in the research context
  2. Unmanned aircraft systems as used for research purposes
  3. FCC broadcasting licensing and sublicensing
  4. University’s participation in FFRDCs, including all aspects of contract bidding, administration, and closeout

Student Affairs

  1. Describe your firm’s experience in advising higher education institutions in the following areas. Provide examples of clients represented and projects handled within the last five years:
  1. Student admissions and recruitment (including program integrity regulations governing incentive compensation), tuition, financial aid, scholarships, state and federal loan programs, the federal Higher Education Opportunity Act and related veterans’ benefits
  2. Issues affecting undocumented students, including, for example, eligibility for University benefits and reporting/disclosure responsibilities to Department of Homeland Security
  3. Student misconduct issues and proceedings, including, best practices for protecting due process and student privacy in disciplinary hearings and appeal proceedings.
  4. NCAA rules and regulations
  5. Application of federal, state and local housing laws to campus based dormitories and housing.

Questions

Julia Friedlander, Deputy General Counsel – r (510) 987-9760

Damyanti Naicker, Executive Assistant – r (510) 987-9943

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