Jim Newberry

Member

Biography

Jim Newberry focuses his practice on representing institutions of higher education (IHEs) and their affiliated organizations. He recently served as Mayor of Lexington and has extensive leadership experience in the equine industry, legal service industry, state government, and higher education. Mr. Newberry is leader of the firm’s Higher Education Team and is co-chair of the firm’s Strategic Planning Committee.

Representative Experience

Advised multiple IHEs in connection with decisions to close and post-closure obligations
Advised IHE in connection with financial exigency declaration and with the elimination of academic programs
Advised IHE on business operations related to COVID-19
Addressed multiple governance issues for boards at IHEs, including disassociation of college board from denominational supervision
Drafted fundraising and gift acceptance policies and gift agreements
Represented multiple IHEs in drafting sexual misconduct policies and investigating Title IX complaints
Trained faculty and staff in Title IX compliance at multiple IHEs
Represented IHEs before U.S. Department of Education in connection with alleged financial aid program review deficiencies
Advised multiple IHEs in the creation and implementation of compliance and ethics programs
Represented multiple IHEs in addressing Clery compliance issues
Participated with IHE leadership in development of five-year strategy to disassociate institution from denominational affiliation
Represented IHE charged with multiple NCAA violations necessitating termination of athletic director’s long-term employment agreement
Conducted internal investigation of presidential misconduct for IHE
Addressed both programmatic and regional accreditation issues
Repurposed restricted gifts under UPMIFA
Advised faculty and staff on specific FERPA issues and FERPA catalog disclosures
Evaluated multi-state regulatory compliance obligations associated with distance learning initiatives
Advised multiple IHEs in connection with student immigration compliance issues associated with Student and Exchange Visitor Program

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Licensed In

Kentucky

Education

J.D. University of Kentucky J. David Rosenberg College of Law

B.A. University of Kentucky

Memberships

Member, National Association of Independent Colleges and Universities Legal Services Review Panel, 2015-2022
Member, United States Chamber of Commerce Education, Employment, and Training Committee 2014-present
Member, Kentucky Chamber of Commerce, Education & Workforce Development Council, 2015-present
Board of Visitors, University of Kentucky Martin School of Public Administration, 2009-2019
Member, The Journal of College and University Law Editorial Board, 2015
Executive Committee, World Games 2010 Foundation, 2007-2010
Vice President, Blue Grass Community Foundation, 2001-2005
Member, President’s Advisory Committee on the Arts at the Kennedy Center, 1995-1997
Chair, Governor’s Task Force on Health Care Access and Affordability, 1992-1993
Member, Governor’s Commission for Health Care Reform, 1992-1993
Board of Directors, University of Kentucky Athletics Association, 1978-1979
Board of Trustees, University of Kentucky, 1977-1978

Achievements

The Best Lawyers in America®, Administrative / Regulatory Law (2024-Present), Education Law (2016-Present), Employment Law – Management (2024-Present), Litigation – Labor and Employment (2024-Present)
Best Lawyers® 2025 Louisville, KY Education Law, Lawyer of the Year
Special Justice, Kentucky Supreme Court, 1994

Speaking Engagements

“If the Time Comes: Closing a College Wisely,” Inside Higher Education Webcast, 2023
“Tools for Financially Distressed Institutions,” Steptoe & Johnson PLLC Webcast, 2022
“After the Dear Colleague Letter: Developing Enhanced Due Process Protections for Title IX Sexual Assault Cases at Public Institutions,” 44 Journal of College and University Law, 78 (2018)
“Faculty Hiring Practices and Faculty Evaluations,” Council of Independent Colleges Workshop for Department and Division Chairs, 2018
“Litigation Update – Due Process,” National Conference on Law and Higher Education, 2018
“Sexual Assault in Higher Education – The Rights of the Accused,” Education Law Association, 2018
“Charting an Institutional Course in Turbulent Higher Education Times,” Carroll University, 2018
Guest Lecturer, Bellarmine University Leadership in Higher Education PhD Program, 2018
“Legal Issues That Keep Presidents Up at Night,” Council of Independent Colleges’ Presidents Institute, 2016, 2024
“Top Legal Issues Facing Higher Education,” American Academic Leadership Institute, 2016, 2017
“Transgender & Overtime Issues for Higher Education,” Mid-South Athletic Conference, 2016
“Using a Title IX Policy to Educate the Campus,” Pittsburgh Business Times, 2016
“Joining with ACS Colleagues to Reduce Legal Expenses,” Associated Colleges of the South, 2016
“Legal Issues for Colleges and Universities,” Appalachian College Association, 2015
“Legal Issues for Academic Deans,” Appalachian College Association, 2015
“Title IX Overview,” Appalachian College Association, 2015
“Campus Sexual Assaults,” Council for Advancement and Support of Education Annual Conference for Media Relations Professionals, 2015
“Drafting a Title IX Compliant Sexual Misconduct Policy,” Association of Independent Colleges and Universities of Ohio, 2015
“Lessons Learned from the (Sweet) Briar Patch,” Association of Independent Colleges and Universities of Ohio, 2015
“Drafting a Title IX Compliant Sexual Misconduct Policy,” Association of Independent Kentucky Colleges and Universities, 2015
“Legal and Ethical Issues for Colleges and Universities,” Bluegrass Higher Education Consortium, 2015
“Recent Title IX Changes,” Council for Christian Colleges and Universities Attorneys Conference, 2014
“Liberal Arts Lessons,” University of Kentucky, College of Arts & Sciences, Lexington, KY, 2011
“Franco-American Relations,” Lafayette France & America, Paris, France, 2007
“Lessons Learned by a New Mayor,” Harvard University Conference for New Mayors, Cambridge, MA, 2007