The Warshaw Burstein attorneys recognized this year as Top Women Lawyers in the New York Metro area by Super Lawyers, are Alexis Cirel, Kimberly C. Lau, Sarah A. Steckler, Jennifer Sundt, and Neena Tankha.

Welcome to the Winter edition of the Title IX Insider, a periodic newsletter designed to keep students, teachers and faculty, administrators, and educational institutions at both the K-12 level, and at institutions of higher education informed about important updates in the law related to Title IX and college discipline matters.

Members of our Title IX and College Discipline Practice team presented, "How to Win at Trial" as part of a full-day CLE for Title IX lawyers in Washington D.C. held at DLA Piper on November 11.

Kimberly C. Lau joined a panel hosted by the Coalition of Women's Initiatives in Law to discuss the intersection of defamation and Title IX.

Eighteen Warshaw Burstein lawyers were named 2022 Super Lawyers in their respective practice areas in the New York Metro area.

On September 15, 2022, Warshaw Burstein attorneys Kimberly C. Lau, James E. Figliozzi, and Branden Lynn presented a live webinar to discuss how key proposed changes to the Title IX regulations may impact Title IX in both the classroom and the courtroom. 

Comment Submitted by: Kimberly C. Lau, Esq., James E. Figliozzi, Esq. and Branden Lynn, Esq

Partner Kimberly C. Lau was featured in an article on Law.com as part of its "How I Made It" series.

The current administration released their Title IX Notice of Proposed Rule Making (“NPRM”) on June 23, 2022. This NPRM was released to provide the public with an opportunity to comment before the official rules are issued to replace the current 2020 regulations. As of now the 2020 regulations are still in effect.

Partner Kimberly C. Lau featured in an article from the National Review discussing the proposed changes to the Title IX regulations, "Guilty until Proven Innocent: Biden Title IX Changes Mean Return to ‘Dark Ages’ for Falsely Accused Students."

Partner Kimberly C. Lau provided her commentary to the AP News on the newly released proposed Title IX Regulations.

In the wake of the Biden Administration's newly released proposed Title IX Regulations, Partner Kimberly C. Lau spoke with the Chronicle of Higher Education about what she views as the most notable proposed changes to the current regulations.

In an article in "Just The News" examining a recent appeals court decision that "suspects" anti-male bias in the President Obama-era Title IX regulations, Kimberly C. Lau commented that she does not expect this ruling will influence the proposed Title IX regulations expected to be released by the Biden Administration this month.

Partner Kimberly C. Lau provides her legal opinion to a variety of outlets regarding the ongoing Johnny Depp vs. Amber Heard defamation trial.

Partner Kimberly C. Lau was recently quoted in media outlets in the United Kingdom about the status of the Depp v. Heard trial.

Partner Kimberly C. Lau was interviewed by CBS News for her legal perspectives on the Depp v. Heard defamation trial, including her commentary on social media criticism toward Heard as an alleged victim of domestic violence and sexual assault and the potential impact on others from coming forward in the future.

Partner Kimberly C. Lau recently provided Rolling Stone with her legal opinion regarding the potential influence that hostile social media commentary from their fanbase could have on the Depp vs. Heard defamation trial.

Kimberly C. Lau and her team obtained a unanimous jury verdict for their client, Andrew Pampu, in defamation and civil conspiracy claims against defendants resulting in an award of $5.3mm following a week-long jury trial in South Carolina.

Kimberly C. Lau, partner and chair of the firm’s Title IX and College Discipline Practice, and her team obtained a unanimous jury verdict for their client, Andrew Pampu, in defamation and civil conspiracy claims against defendants resulting in an award of $5.3mm following a week-long jury trial in South Carolina.

Kimberly C. Lau, partner and chair of the firm’s Title IX and College Discipline Practice, and her team obtained a unanimous jury verdict on their client’s, Andrew Pampu, defamation and civil conspiracy claims against defendants resulting in an award of $5.3mm following a week-long jury trial in South Carolina.

The guides answer frequently asked questions that Lau’s group receives from parents and students trying to understand what Title IX is, understand their rights under Title IX, and provide first steps on navigating a Title IX process.

Congratulations to Title IX and College Discipline leader Kimberly C. Lau for her selection as an Honoree for Innovative Leadership within a Law Firm as a part of the 2021 Women, Influence & Power Law Awards by Corporate Counsel.

Title IX and College Discipline practice leader Kimberly Lau co-authored a written statement after testifying at the Title IX public hearing regarding potential revisions to 34 C.F.R. §106.

On Friday, June 11, 2021, Title IX and College Discipline practice leader Kimberly Lau testified before the U.S. Department of Education's Office for Civil Rights as part of the week-long public hearing on Title IX.

Congratulations to Title IX and College Discipline leader Kimberly C. Lau for her selection as a 2021 “Women Worth Watching in Leadership” by Profiles in Diversity Journal. This national award recognizes outstanding leaders who demonstrate talent, courage, persistence, commitment and generosity of spirit. 

Title IX and College Discipline practice leader Kimberly Lau spoke with Chronicle of Higher Education about the complicated nature of the question: Is a fair Title IX system possible?

Since last year when the Department of Education issued new regulations on how schools must handle misconduct claims, there has been a notable increase in federal courts ruling in favor of students claiming anti-male bias. Title IX and college discipline practice leader Kimberly Lau is quoted in a new Bloomberg Law article that looks at how recent legal precedent may impact the types of changes that can be made to the current Title IX rules.

On this week's episode of The Title IX and Civil Rights Podcast, Title IX and College Discipline practice leader Kimberly Lau spoke about Women's History Month as well as the history, evolution, and future of Title IX.

Kimberly C. Lau, partner and head of the firm’s Title IX/College Discipline practice with the assistance of counsel, James Figliozzi, won a Motion to Dismiss and recently achieved a successful settlement for her client in a high-profile Title IX case with Columbia University.

Thirteen Warshaw Burstein lawyers were ranked as 2020 Super Lawyers in their respective practice areas in the New York Metro area, including four lawyers who were ranked on the Rising Stars list. 

Partner Kimberly Lau recently commented on the inconsistent enforcement of COVID-19 policies at on- and off-campus gatherings in College Fix, including students’ lack of notice of what constitutes a violation or possible sanctions for such cases.

On September 29, at noon ET, Kimberly C. Lau, James Figliozzi, and Branden Lynn of the firm’s Title IX and College Disciplinary Matters practice, will present a New York State Bar Association webinar titled, “A New Era For Title IX: An Overview Of The Department Of Education’s New Regulations.”

On Thursday, September 24 at noon ET, Title IX and College Discipline practice chair Kimberly Lau will participate in Syracuse University College of Law’s alumni weekend as part of a panel of alumnae hosted by the Women’s Law Student Association. 

On August 20, Kimberly Lau, partner and chair of the firm’s Title IX and College Disciplinary Matters practice, was a featured panelist on a virtual alumni panel for her alma mater, Syracuse University School of Law, where she spoke to students in the school’s JDi program, an ABA-approved flexible online law degree option designed for talented students who cannot relocate to law school because of work or family commitments.

Kimberly discussed her career and her background, and her experience being an alumna of Syracuse Law. Students had the opportunity to ask the alumni panelists how alumni can help and support their journeys.  

Kimberly C. Lau was featured in a VICE News video explaining the changes endorsed by the Department of Education that will standardize how schools address allegations of sexual assault on campus and incorporate due process protections to accused students, including the right to cross-examine accusers through a third party..
 
As noted by the experts in the video, including Kimberly - who chairs the firm's Title IX/College Disciplinary practice - under the DOE's new rules, all schools are required to hold live hearings with the right to cross-examination, and schools must provide supportive measures to complainants whether they file a formal complaint or not.  

Watch the full video.

An on-demand recording of Kimberly Lau’s Lawline virtual CLE program on the future of Title IX under the Department of Education’s new regulations is now available
 
On August 3, Kimberly Lau, partner and chair of the Title IX/College Disciplinary practice, presented a Lawline virtual CLE on the future of Title IX under the Department of Education’s new regulations. The program was attended by more than 100 individuals and provided an overview of the new Title IX regulations and how the key differences of Title IX have been enforced since the 2011 Dear Colleague Letter.
 
Some of the feedback from attendees of the live webinar included:

• “Excellent lesson in what feels like an overwhelming change in law. Presenter made this issue interesting and accessible. Great job.”
• “Well-paced presentation so one could digest the information.”
• “Great presenter! Good balance of objective facts with clear experience.” 
• “Outstanding presentation by a very knowledgeable instructor.”
• “Really great and informative!”

On August 3 at 10am ET, Kimberly C. Lau, partner and chair of the Title IX/College Disciplinary practice, will present a Lawline CLE on “The Future of Title IX Under the Department of Education’s New Regulations.” This program will provide an overview of the new Title IX regulations and highlight the key differences with how Title IX has been enforced since the 2011 Dear Colleague Letter. The program will benefit attorneys who represent students, teachers and faculty, administrators and educational institutions at both the K-12 level and at institutions of higher education.

Learn more and register.

On July 30 at 12:30 p.m., partner and chair of the Title IX/College Disciplinary practice Kimberly C. Lau will speak at a New York County Lawyers'​ Association/Westchester County Bar Association CLE program on “What Schools Need to Know About The New Title IX Regulations.”

The program will cover the key aspects of the Department of Education’s new Title IX regulations governing how schools must handle claims of sexual harassment and assault, and how the regulations impact higher education institutions and students.

The Legal Intelligencer noted the event in its July 28 People in the News column.

Learn more and register.

Kimberly C. Lau, Partner and Chair of the Title IX College Discipline Practice, was quoted in The New York Times article, "Lawsuits Aim to Block DeVos’s New Sexual Misconduct Rules," where she offers her insight on the pending lawsuits filed to stop the Department of Education's Title IX regulations from taking effect in August 2020.

In an Expert Opinion column in the New York Law Journal titled, "New Regulations Demand Due Process for Campus Sexual Misconduct Cases" written by members of the Warshaw Burstein Title IX/College Discipline Group: Kimberly C. Lau, Litigation Partner and Chair, James Figliozzi, Counsel and Branden Lynn, Associate, the authors review top-line changes in the new Title IX regulations, the renewed focus on due process, and also address the regulations' likely successes and shortcomings ahead of their implementation on August 14, 2020.

On November 16, 2018, the U.S. Department of Education issued proposed regulations to supplement Title IX of the Education Amendments of 1972.

As schools across the country trade in-person instruction for online curriculums, the fate of countless student disciplinary proceedings hangs in the balance. Schools now find themselves in the unenviable position of moving their investigations and hearings online.

Higher education publication The College Fix interviewed Kimberly C. Lau, who is a pioneer of the Title IX practice area, for an article entitled "Colleges are using coronavirus to restrict how accused students can defend themselves" to find out if she is experiencing delays in how Title IX cases are being handled by colleges and universities.

The article highlights how the proposed regulations provide complainants with more control over the process and instill due process protections for respondents, thus, making it more likely that outcomes will be accepted.

In a New York Times article about the proposed changes to Title IX, Warshaw Burstein Partner Kimberly Lau brought a fresh perspective to this highly charged discussion.  She commented for a Times story that examined the impact the new rules would have on the number of misconduct investigations. The DOE estimated they will decline in K-12 schools by 50%, and at higher ed institutions by 39%.  

Ms. Lau said equating the decline in investigations to a lack of regard for complainants “misses the big picture.”

“The decline in investigations may decrease the pressure on schools to be results-oriented in their approach and more focused on how the process is implemented,” Ms. Lau said. “If the department is focused on the process, then the right outcomes will naturally result one way or another.”

She represents complainants and respondents in Title IX cases, as well as faculty.

To read the full Times story, click here:

The significant ruling opens the door to use the federal courts to obtain a writ of mandate under California law to overturn a college disciplinary suspension—without forcing plaintiffs to first challenge state university decisions in state court. The court also adopted the McDonnell Douglas burden shifting framework for Title IX claims, requiring only "a plausible inference that the Defendants’ actions were the result of gender bias.” In sustaining the Due Process claim, the court determined that the student’s rights to notice of all the evidence against him were clearly established and violated here.