Strategic Decision Making: Alliances, Consolidation, and Closures in Higher Education

• Laura Giles
• Elizabeth (Lizzy) Wingfield

As the higher education landscape faces pressures from declining enrollment, financial constraints, and federal regulatory challenges, strategic decisions regarding alliances, consolidations, and closures have become increasingly important. This session will provide specialized legal insights into these critical areas, offering guidance on mergers and acquisitions, antitrust considerations, and legal issues that underpin strategic decision-making. Participants will gain understanding of these complexities in order to advance their institutions' objectives in a compliant and strategic manner.

Learning Objectives

  1. Analyze Strategic Alliances from a Legal Perspective:
    1. Discuss the legal considerations involved in forming alliances with other institutions and partners, including due diligence and contract negotiation.
    2. Explore strategies for structuring alliances to ensure mutual benefits and compliance with legal obligations.
  2. Understand Legal Implications of Consolidation:
    1. Gain insights into the legal structures governing consolidation processes, including mergers and acquisitions and other options.
    2. Discuss potential legal challenges, including antitrust considerations, and strategies to mitigate risks during consolidation.
  3. Navigate Closure Decisions:
    1. Examine the considerations involved in institutional closures, including compliance with regulatory requirements and ethical considerations.
    2. Learn about managing disputes and stakeholder communications during closure scenarios.
  4. Assess Antitrust Considerations:
    1. Discuss the impact of federal antitrust laws on mergers, acquisitions and other consolidations.
    2. Explore strategies to ensure compliance with antitrust regulations and avoid litigation risks.
  5. Implement Effective Decision-Making Frameworks:
    1. Develop frameworks for strategic decision-making that incorporate legal analysis, risk assessment, and stakeholder engagement.
    2. Learn techniques for communicating decisions effectively to internal and external stakeholders, while maintaining transparency and trust.
  6. Prepare for Future Legal and Regulatory Challenges:
    1. Anticipate potential changes in regulatory environments and their impact on strategic decision-making in higher education.
    2. Explore adaptive strategies to navigate upcoming changes and position institutions for success.

By the end of this session, college and university administrators will be prepared to make consider alliances, consolidation, and closures—positioning their institutions for long-term success and compliance in a rapidly evolving educational environment.

CPE Available

  • 1 Credit: Business Law