COLLEGES AND UNIVERSITIES

Schilling Law represents colleges and universities in civil litigation, government investigations, and internal investigations. Schilling Law handles litigation brought by faculty and students; False Claims Act investigations for research universities; investigations by the Department of Education, Office of Civil Rights (OCR); investigations by DOJ and U.S. Attorneys' Offices under the Americans with Disabilities Act (ADA); and internal investigations.

REPRESENTATIVE MATTERS

Litigation By and Against Faculty

  • Secured voluntary dismissal (without payment) of First Amendment and breach of contract lawsuit brought by former department chair against university.
  • Secured summary judgment dismissing retaliation lawsuit against a university brought by a senior faculty member.
  • Negotiated favorable settlement in an action by a tenured law school professor against the university, law school dean, and vice dean alleging age discrimination.
  • Secured dismissal of a breach of contract lawsuit by a faculty member based on his offer letter.

Student Litigation

  • Secured dismissal of Title IX lawsuit brought by former postdoctoral student.
  • Secured dismissal of a lawsuit brought by a student challenging his expulsion.
  • Secured dismissal of a lawsuit brought by a former student against faculty members alleging plagiarism and research misconduct.
  • Secured dismissal of a lawsuit brought by a student challenging his forcible removal from campus and involuntary commitment.
  • Secured voluntary dismissal (without payment) of a wrongful death lawsuit by the estate of a student who died on a university-sponsored mission trip.
  • Secured voluntary dismissal (without payment) of a False Claims Act lawsuit brought by a student whistleblower.

Other University Litigation

  • Successfully defended university against a motion for preliminary injunction in intellectual property litigation involving disputed ownership of copyrights and trademarks of a scholarly publication.
  • Secured dismissal of a First Amendment lawsuit against a university president and general counsel for denying plaintiff a campus speaking opportunity.

INTERNAL INVESTIGATIONS

Schilling Law assists organizations and corporate board committees in conducting internal investigations, including investigations into whistleblower allegations and corporate hotline reports; investigations into employee and vendor fraud or other misconduct; investigations prompted by government inquiries; and proactive internal compliance reviews. Schilling Law finds the facts and presents the results of its investigations in the manner directed by the client, which may include informal briefings, comprehensive investigative reports, presentations to boards and senior executives, and presentations and self-disclosures to government agencies.

REPRESENTATIVE MATTERS

  • Conducted internal investigations into whistleblower allegations of kickbacks and other fraud by university vendors.
  • Conducted internal investigation into allegations of discrimination and retaliation against department director.
  • Conducted internal investigations of medical school faculty members accused of patient-related misconduct.
  • Conducted internal investigation into allegations of discrimination against university dean.
  • Conducted internal investigation into admissions fraud.
  • Conducted internal investigation for ecclesiastical organization into allegations of misconduct by clergy member.
  • Conducted internal investigation for cultural organization into allegations of theft by senior officer.
  • Conducted internal investigation into Title IX complaint by a graduate student alleging a hostile educational environment.

GOVERNMENT INVESTIGATIONS

Schilling Law represents organizations and individuals in civil investigations, including civil fraud and civil rights investigations, brought by federal, state, and local government agencies, including the U.S. Department of Justice (DOJ), U.S. Attorneys' Offices, State Attorneys General, Offices of Inspector General (OIG) of federal agencies, the Consumer Financial Protection Bureau (CFPB), the Office of Civil Rights (OCR) of the U.S. Department of Education, and the Federal Trade Commission (FTC).

REPRESENTATIVE MATTERS

  • Resolved ADA investigation into accessibility of university’s student housing program.
  • Negotiated favorable resolution of OCR complaint challenging gender-based scholarship program.
  • Represented auto finance company in a CFPB investigation into loan servicing practices, resulting in a declination.
  • Defended New York City general contractor in federal Fair Housing Act design-and-construction investigation, securing favorable settlement.
  • Obtained favorable settlement of a False Claims Act investigation and suit by the DOJ relating to NIH research grants.
  • Secured favorable, pre-suit settlement in a FIRREA investigation by the U.S. Attorney’s Office for the Eastern District of New York.

  • Represented bank in successive DOJ and CFPB investigations into payment processing practices, resulting in declinations by both agencies.
  • Defended multiple indirect auto finance companies in DOJ and State AG investigations into subprime auto loan origination and securitization practices.

CIVIL LITIGATION

Schilling Law represents organizations and individuals as both defendants and plaintiffs in civil litigation in state and federal court, both at trial and on appeal.  The lawyers at Schilling Law have handled trials and appeals in commercial, employment, civil rights, and constitutional litigation, as well as the defense of False Claims Act qui tam litigation. 

REPRESENTATIVE MATTERS

  • Secured voluntary dismissal (without payment) of claims brought by former parishioner against Manhattan church.
  • Secured dismissal of Title VII lawsuit brought by senior public safety officer alleging race and age discrimination.
  • Obtained favorable settlement resolving a race discrimination lawsuit challenging termination of associate dean.
  • Secured dismissal of state court lawsuit brought against university department chair.
  • Defended national university in trademark and copyright litigation relating to university-sponsored academic publication, securing favorable settlement.

FALSE CLAIMS ACT

Schilling Law represents organizations and individuals in investigations and qui tam litigation under the False Claims Act (FCA) and state false claims acts.  Schilling Law handles FCA matters from receiving the Civil Investigative Demand through the internal investigation, document productions, negotiations with the government, and (if necessary) litigation.  Schilling Law also handles investigations of financial institutions under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA).

REPRESENTATIVE MATTERS

  • Represented multiple top mortgage lenders and servicers in FCA and FIRREA investigations by the DOJ and United States Attorneys' Offices, including the representation of eight mortgage servicers in U.S. ex rel. Grubea v. Rosicki, Rosicki & Assoc., 318 F. Supp. 2d 680 (S.D.N.Y. 2018), an FCA qui tam litigation in the Southern District of New York, which resulted in a dismissal with prejudice.

  • Secured settlement of all claims against mortgage lender in a multi-district False Claims Act and FIRREA investigation.

  • Defended government contractor in a federal False Claims Act investigation in connection with an international healthcare contract, securing a declination.
  • Represented U.S. Bank, N.A., in United States ex rel. Advocates for Basic Legal Equality v. U.S. Bank, N.A., 816 F.3d 428 (6th Cir. 2017), resulting in a declination by the government and ultimate dismissal of all claims.

  • Defended multiple banks in connection with DOJ’s “Operation Choke Point” FIRREA investigation into payment processing, all resulting in declinations.

MONITORSHIPS

Schilling Law’s monitorship services are grounded in decades of experience handling matters in which a court has ordered or the parties have agreed to independent, outside oversight of a public or private institution. Mr. Schilling brings both experience and credibility to compliance monitorships, having led the federal government’s oversight of monitored entities in significant matters relating to civil rights, organized crime, and labor unions.

REPRESENTATIVE MATTERS

  • Mr. Schilling currently serves as the Court-appointed Independent Monitor in American Council of the Blind of N.Y., Inc. v. City of N.Y., 579 F. Supp. 3d 539 (S.D.N.Y.), overseeing New York City’s compliance with a 2022 remedial order that requires the City to install thousands of accessible pedestrian signals to make its pedestrian grid accessible to persons who are blind or have low vision.
  • As an Assistant U.S. Attorney, Mr. Schilling served for more than a decade as counsel for the United States in the administration and enforcement of the historic civil RICO consent decree between DOJ and the Teamsters Union, including as lead counsel for most of that time. In that role Mr. Schilling worked closely with numerous court-appointed officers, and personally led negotiations with the Union on rules and court orders to enforce, administer, and ultimately terminate the decree.
  • As S.D.N.Y. Civil Chief, Mr. Schilling served on the Monitorship Committee of the U.S. Attorney’s Office, which vetted and approved the appointment of monitors and receivers for civil and criminal resolutions.
  • Mr. Schilling served as counsel for the United States in a contempt proceeding against a local union of the International Longshoremen’s Association, in which the Government alleged that the local union was under the control of organized crime during a previous federal monitorship; Mr. Schilling tried the case that re-imposed a more stringent monitorship; drafted the order appointing and empowering the monitor; and worked closely with the monitor in his supervision of the union.
  • Mr. Schilling worked with the court-appointed housing monitor overseeing the implementation and enforcement of a court-approved settlement with Westchester County.