Webcast: Government Scrutiny of Colleges and Universities

Webcasts | December 15, 2025

Colleges and universities continue to face an unprecedented level of government scrutiny in 2025. Following executive orders from the Trump administration on issues impacting higher education as well as heightened congressional interest in activities on college campuses, various government agencies and entities continue to implement sweeping policy changes, initiate investigations, and issue broad guidance with wide-ranging implications for colleges and universities. Congressional committees in the House and Senate are investigating a range of issues including charges of antisemitism and of antitrust violations relating to admissions and financial aid policies. Private plaintiffs are also joining the fray, presenting additional challenges.

Our in-depth discussion revolves around the Trump administration’s approach to higher education and what we expect to be the key areas of government investigation and enforcement in higher education, and related private litigation, as we head into the close of the first year of the current administration.

Topics include:

The administration’s priorities in higher education, including DEI initiatives, sex and gender identity, First Amendment and free speech issues, combatting antisemitism on campus, immigration, and federal grantmaking
Expected areas of agency oversight and enforcement activity, including from the Department of Justice, the Department of Health and Human Services, the Department of Education, and the Equal Employment Opportunity Commission
Anticipated rulemaking over the next 18 months impacting higher education
What to expect in Congressional investigations
Developments and emerging risks in private litigation
Areas of potential future focus, including AI

MCLE CREDIT INFORMATION:

This program is pending approval for 1 hour of New York Continuing Legal Education (CLE) credit. Gibson, Dunn & Crutcher LLP is seeking accreditation as a New York CLE provider, and credit is expected to be available for both experienced and newly admitted attorneys, subject to final approval.

This program is pending approval for 1 hour of Minimum Continuing Legal Education (MCLE) credit by the State Bar of California. Gibson, Dunn & Crutcher LLP is in the process of seeking accreditation as a State Bar of California approved MCLE provider.

This program is pending approval for CPD hours by the Solicitors Regulation Authority. Gibson, Dunn & Crutcher LLP is in the process of seeking accreditation to offer CPD credits for this event.

This program is pending approval for 1 hour of Connecticut Continuing Legal Education (CLE) credit. Gibson, Dunn & Crutcher LLP is seeking accreditation from the Connecticut Judicial Branch for this course, and credit is expected to be available upon approval.

Application for approval is pending with the Colorado, Florida, Illinois, Texas, Virginia, and Washington State Bars.

PANELISTS:

Jason C. Schwartz is a partner, co-chair of the Gibson Dunn Labor & Employment Practice Group, General Counsel of the law firm and a member of the firm’s Executive Committee. Jason has been recognized as an MVP in employment law seven times, awarded by Law360 to “attorneys whose achievements in major litigation or transactions have set a new standard for accomplishment in corporate law.” He is ranked Band 1 in Chambers and was included on Forbes inaugural list of America’s Top 200 Lawyers. He represents some of the nation’s top colleges and universities in sensitive government investigations, internal audits, and litigation.

Michael D. Bopp is a partner and seasoned investigations and crisis management lawyer who brings his extensive government and private-sector experience to bear on behalf of his clients to help them navigate their most difficult crises, often involving investigations as well as media challenges. He chairs Gibson Dunn’s Congressional Investigations Practice Group and, as Bloomberg recently noted, “when CEO’s get pulled before Congress, Michael Bopp is their top lawyer.”

Stuart F. Delery is a partner and member of the firm’s Litigation Department and co-chair of the Administrative Law and Regulatory Practice Group and Crisis Management Practice Group. He is an experienced appellate and district court litigator who brings 30 years of experience at the highest levels of government, including as White House Counsel and as Acting Associate Attorney General of the United States, the third-ranking position at the Department of Justice, and in the private sector to help clients navigate major matters that present complex legal and reputational risks, particularly matters involving difficult statutory, regulatory, and constitutional issues.

Cynthia McTernan is a partner and a member of the firm’s Labor and Employment, Class Actions, and Litigation practice groups. She represents clients across a variety of industries, with a focus on higher education, life sciences, technology, and retail. Cynthia specializes in high-exposure employment and class action litigation, including wage-and-hour, discrimination, retaliation, and harassment claims under both federal and state law. She regularly advises clients on DEI best practices and policies as part of the Firm’s DEI Task Force, which was formed in the wake of the Supreme Court’s decision in Students for Fair Admissions v. Harvard. Lawdragon 500 has recognized Cynthia as a leading U.S. corporate employment lawyer in 2025, and she has also been named as one of The Best Lawyers in America in Commercial Litigation for 2025.

Molly T. Senger is a partner and a member of the firm’s Labor and Employment practice group, based in Gibson Dunn’s Washington, D.C. office. She has represented clients in a wide range of employment litigation matters, including cases involving allegations of trade secret misappropriation, wage-and-hour violations, whistleblowing, race, age, and disability discrimination, and sexual harassment. Molly also advises clients on sensitive employment issues and is a key member of the Firm’s DEI Task Force. Lawdragon 500 has recognized Molly as a leading U.S. corporate employment lawyer, and Benchmark Litigation named Molly to its 2024 40 & Under List, which identifies “the best and brightest litigators across the US.”

Prerak Shah is a member of the firm’s State Attorney General Task Force and its White Collar & Investigations practice group. Drawing on his experience at the highest levels of the Texas Attorney General’s Office, U.S. Department of Justice, and U.S. Congress, he advises companies and executives facing state, federal, congressional, and internal investigations. He also represents clients in high-stakes civil litigation, with a particular expertise in government enforcement actions and litigation that has a significant political component. Pre previously served as the Senior Counsel to the Attorney General of Texas (where he advised the AG directly on the most consequential legal and policy issues facing the state); the Acting United States Attorney for the Northern District of Texas (where he led one of the largest and busiest districts in the nation); and Chief of Staff to Senator Ted Cruz and as his Chief Counsel on the Senate Judiciary Committee (where he provided strategic counsel to the Senator on all policy, communications, political, and legal issues). Pre also held multiple senior leadership positions at the Department of Justice, including Deputy Associate Attorney General in the office overseeing the divisions responsible for antitrust, civil rights, environmental litigation, and tax matters.

Attorney Advertising: These materials were prepared for general informational purposes only based on information available at the time of publication and are not intended as, do not constitute, and should not be relied upon as, legal advice or a legal opinion on any specific facts or circumstances. Gibson Dunn (and its affiliates, attorneys, and employees) shall not have any liability in connection with any use of these materials. The sharing of these materials does not establish an attorney-client relationship with the recipient and should not be relied upon as an alternative for advice from qualified counsel. Please note that facts and circumstances may vary, and prior results do not guarantee a similar outcome.

Webcast: Government Scrutiny of Colleges and Universities

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