Brandon S. Sherman

Brandon S. Sherman is a counsel with Saul Ewing LLP in Washington, D.C., and devotes his practice to advising institutions of higher education, accreditation agencies, and educational companies that support their missions. Drawing on a combination of legal experience from private practice and government roles at the U.S. Department of Education, his experience includes advising institutions on U.S. Department of Education regulations, state authorization, cybersecurity, anti- discrimination laws, marketing and advertising practices, and accreditation. Mr. Sherman applies his experience at the U.S. Department of Education to help clients resolve complex regulatory and enforcement challenges. He also served as senior counsel to the Deputy Secretary of the Department, a role that included advising on terminations of institutions’ eligibility to participate in Title IV programs and actions to fine them. Mr. Sherman assists institutions that are seeking accreditation and state authorization approvals. He also provides periodic reviews to help them maintain their status, and he counsels accrediting agencies on the development and application of accrediting standards and procedures, federal regulations and appeal proceedings. His work in this area is informed by his U.S. Education Department experience, where he served on its higher education accreditation reform committee and explored changes to federal regulatory requirements. He also drafted decisions concerning the recognition of accrediting agencies and state approval agencies. Mr. Sherman prepares reports and provides advice to institutions concerning compliance with the Federal Trade Commission’s (FTC) prohibition on unfair and deceptive marketing practices. In addition, he advises both school owners and investors on regulatory issues institutions when they are contemplating mergers, acquisitions and other educational investments. Mr. Sherman’s familiarity with cybersecurity and privacy issues stems from his work coordinating and developing the U.S. Department of Education’s Campus Cybersecurity Program and advising senior staff on cybersecurity legal and policy considerations. He advises institutions on privacy and cybersecurity requirements applicable to institutions, particularly under the Program Participation Agreement, the Gramm Leach Bliley Act and the Family Educational Rights Privacy Act. When institutions face allegations of discrimination under Title VI, Title IX and Section 504, he represents them in investigations by the U.S. Department of Education Office for Civil Rights (OCR), and he conducts training for staff and students. Mr. Sherman is a frequent speaker at conferences on issues relating to federal higher education policy, marketing and advertising practices, restructuring of institutions’ operations, accreditation, Title IX and cybersecurity. He received his B.A. cum laude in 2001 from York College and his J.D. in 2004 from Michigan State University College of Law.