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Judge Says DeVos’ Sex Assault Rule May Bar Too Much Proof

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David Newman was featured in Law360’s coverage of the lawsuit against the U.S. Department of Education and its secretary, Betsy DeVos, where a Massachusetts federal judge suggested that the department’s new rules that limit schools’ responsibilities to investigate sexual harassment claims under Title IX may go too far in limiting what evidence can be presented in a hearing.

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David Newman was featured in Law360’s coverage of the lawsuit against the U.S. Department of Education and its secretary, Betsy DeVos, where a Massachusetts federal judge suggested that the department’s new rules that limit schools’ responsibilities to investigate sexual harassment claims under Title IX may go too far in limiting what evidence can be presented in a hearing.Arguing for the groups bringing the suit, David said it is unfair that students who leave a school due to assault or harassment are unable to have their claims heard. It creates a scenario in which, he said, “a perpetrator of sexual assault can effectively remove those complaints simply by successfully making them traumatized to the point that they wouldn’t return.”In addition to David, the victims’ rights groups are also represented by Morrison & Foerster’s Natalie Fleming Nolen, Vanshika Vij, Caitlin Crujido, and Robin Smith.Read the <a href="https://media2.mofo.com/v3/assets/blt5775cc69c999c255/blta07ee0d2a68f0260/6273214d5f7b601eaaebd344/201112-judge-says-devos-sex-assault.pdf" target="_blank">full article</a>.

Judge Says DeVos’ Sex Assault Rule May Bar Too Much Proof

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Natalie Fleming Nolen is the Managing Partner of the Washington, D.C. office and a partner in the Litigation Department. She is a trial lawyer and advocate who focuses on complex civil litigation and regulatory proceedings, with a particular emphasis on resolving antitrust issues and class actions that arise in the financial services industry. She has represented clients in trials in state and federal court, as well as administrative proceedings and arbitration forums. Natalie's recent matters include representing a financial institution in a large multidistrict antitrust class action litigation and related litigation by individual companies that opted out of the class action; a leading telecommunications company in merger litigation and related regulatory proceedings; clients in consumer class actions and complex commercial litigation alleging breaches of contract; clients in complex antitrust arbitrations; clients before federal agencies, such as the Consumer Financial Protection Bureau and the Federal Trade Commission; and large companies being investigated by state regulatory authorities. Natalie also advises clients on a variety of commercial real estate issues, including complex contractual matters, foreclosures, and disputes regarding commercial leases. Natalie also has an active pro bono practice. She led a trial team in a challenge to Title IX rules related to sexual harassment and assault in schools; represented several clients in Immigration Court and successfully obtained asylum and withholding of removal; and helped young clients obtain Special Immigrant Juvenile Status. She also successfully obtained humanitarian parole for Haitian women and children impacted by the devastating earthquake in 2010, and represented clients in housing matters including defending against a foreclosure action in two separate trials in New York State Supreme Court. In acknowledgment of her dedication to providing quality pro bono representation, Natalie was awarded the 2012 New York State Bar President’s Pro Bono Service Award in the young lawyer category, and was also awarded the Kathi Pugh Award for Pro Bono Service in 2015.Natalie recently became a Fellow of the American Bar Foundation.

Natalie Fleming Nolen

Partner

Vanshika Vij focuses her practice on white collar criminal defense, internal investigations, and advising clients in sensitive matters. She represents companies and individuals in connection with matters involving complex fraud, violations of the Foreign Corrupt Practices Act (FCPA), data security, risk, crisis management.Vanshika is experienced in working with and defending clients in front of government agencies, including the Department of Justice (DOJ) and Securities & Exchange Commission (SEC), as well as Congress. She has been deeply involved in several corporate cross-border investigations. She has also worked closely with individual clients on matters, including those involving potential criminal charges, Congressional oversight, and significant media attention. Recently, Vanshika was named to Best Lawyers 2022 in the “Ones to Watch” category for Criminal Defense: White-Collar.Vanshika is also an active pro bono lawyer. Most recently, her practice includes representing individuals and organizations challenging the Department of Education Title IX regulations issued in May 2020, which recently went to trial in the District of Massachusetts. In addition to her legal practice, Vanshika serves as an associate member of the firm’s Women’s Strategy Committee and is a co-chair of the DC office’s Attorneys and Paralegals of Color affinity group.While in law school, Vanshika clerked for the Honorable O-Gon Kwon at the International Criminal Tribunal for the Former Yugoslavia in The Hague, Netherlands. She also previously clerked for the Texas Civil Rights Project in Austin, TX where she worked on a variety of impact litigation cases.Vanshika received her J.D. from the University of Texas School of Law where she was the Associate Editor for the Texas Journal of Civil Liberties & Civil Rights and a Fellow at the Rapoport Center for Human Rights, as well as an Editorial Board Member of the Rapoport Center’s Working Paper Series. Additionally, she was a research assistant for Professor Susan Klein on issues of plea bargaining under federal criminal law.<h4>Representative Experience</h4><ul><li>Global Pharmaceutical Company: Representing a global pharmaceutical company in connection with a DOJ and SEC investigation in alleged violations of the FCPA.</li><li>Lobbying Firm Executive: Representing a former executive of a lobbying firm in connection with a criminal investigation into alleged violations of the Foreign Agents Registration Act.</li><li>Financial Institution: Represented a company and several of its employees in connection with the Special Counsel’s investigation into matters involving Paul Manafort, and the related 2018 trial in the Eastern District of Virginia.</li><li>Telecommunications Company Executive: Represented a former executive of a telecommunications company in connection with a DOJ and SEC investigation concerning alleged FCPA violations.</li><li>Oil Services Company: Represented a U.S.-based oil services company in connection with a global anti-corruption investigation, involving U.S. and Brazilian authorities, into alleged FCPA violations arising from the company’s dealings with Petrobras.</li></ul>

Vanshika Vij

Associate

Caitlin Crujido is an associate in the Government Contracts practice in Morrison Foerster’s Washington, D.C. office.Caitlin represents government contractors in a full range of contract matters, including bid protests, contract claims and disputes, mergers and acquisitions, and internal and external investigations.In her litigation practice, Caitlin is often involved with the full life cycle of claims, from preparing requests for equitable adjustment to litigating claims disputes at the Boards of Contract Appeals and the U.S. Court of Federal Claims (COFC). She also regularly represents clients in pre- and post-award bid protests before procuring agencies, the U.S. Government Accountability Office, and COFC. In addition, Caitlin has worked on a number of False Claims Act (FCA) investigations and qui tam actions. In her transactional practice, Caitlin’s experience includes advising on mergers and acquisitions involving both the purchase and sale of government contracting concerns or related assets. Beyond performing due diligence, negotiating purchase agreements, and assisting with post-transaction related filings, Caitlin takes a holistic view to these transactions, working with clients to navigate various strategic and legal considerations. Her practice also includes counseling clients on various compliance and regulatory issues, particularly in the areas of contract and subcontract management.Prior to joining the firm, Caitlin served as a law clerk for the U.S. Civilian Board of Contract Appeals.Caitlin graduated from the University of Arizona in 2012, receiving her B.A. in Political Science. In 2017, she earned her J.D. cum laude, from the American University Washington College of Law, where she was an articles editor for the American University Law Review. While in law school, Caitlin clerked at a large Washington, D.C. law firm in its government contracts practice group and interned with the U.S. Department of Justice, Federal Tort Claims Act Section and the U.S. Department of Labor, Office of Federal Contract Compliance Programs.

Caitlin Crujido

Robin Smith is an associate in Morrison Foerster’s Litigation Department. Robin’s experience touches on investigations and white collar defense, FCPA, and Antitrust matters.Before joining MoFo’s Litigation Department, Robin served as a law clerk for the Honorable Helene White of the U.S. Court of Appeals for the Sixth Circuit and the Honorable Susie Morgan of the U.S. District Court for the Eastern District of Louisiana. Robin graduated from Harvard Law School, where he was the editor-in-chief of the Harvard Environmental Law Review and the director of training for the Harvard Prison Legal Assistance Project. During law school, Robin was a law clerk for the Southern Environmental Law Center in Charlottesville, Virginia, a MoFo summer associate, and worked in the Disability Rights Section of the Civil Rights Division for the U.S. Department of Justice.Robin received his B.A., cum laude with distinction, from James Madison University.

Robin Smith

Litigation