Briefing

Executive Branch Updates: NIH v. APHA and Federal Grant Terminations

September 5, 2025 | 12:00 pm 12:30 pm EDT

About this Event

In a 5-4 ruling on August 21st, the Supreme Court lifted a stay on the cancellation of approximately $783 billion in NIH grants. The Trump Administration linked the canceled grants to DEI efforts. Notably, the fractured ruling held that legal challenges to the grant terminations were “contract disputes” which should be brought in the Court of Federal Claims. Also in a 5-4 outcome, the Court left in place a separate portion of the lower court ruling, which vacated internal NIH guidance documents surrounding the agency’s policy priorities that were used to justify grant terminations. This development further highlights the need for colleges and university counsel to continue to plan for and respond to funder requests and determinations, including future grant terminations. 

Please enjoy this complimentary 45-minute audio-only briefing that discusses the current landscape as of the time of the recording on September 5, 2025. In this on-demand briefing, NACUA experts, Michelle Gluck, Associate General Counsel at The Pennsylvania State University, William Ferreira, Partner at Hogan Lovells, and Aleks Sverdlov, Counsel at Hogan Lovells will: 

  • Outline the meaning and impact of the Supreme Court ruling;
  • Provide updated insights on the process and considerations for challenging grant terminations;
  • Focus on practical effects for the research enterprise and institutional support of impacted researchers.

Note: This briefing was pre-recorded on September 5, 2025. This briefing is a follow-up to the April 11 Briefing, “The First 100 Days | Federal Grants: What Counsel Need to Know Today” and June 4 webinar, “Executive Branch Updates: A New World of Federal Funding.

Speakers

Bill Ferreira

Partner

Hogan Lovells

Bill Ferreira is a Partner with Hogan Lovells and heads the firm’s Global Government Contracts and Education Practice. Bill advises universities on international programs, government grants and contracts, and research compliance. Bill works on federal award compliance and investigations, domestically and internationally. He guides organizations across the compliance landscape, advising on foreign influence, cost accounting, research misconduct, conflicts of interest, human subjects, and compliance with the OMB Uniform Guidance and Federal Acquisition Regulation.  Drawing on deep experience with global operations, Bill’s team has guided campuses in Asia, research in Africa, and degree programs in the Middle East. His work extends to online education and telemedicine programs around the world. Bill serves on the firm’s Africa leadership team and speaks regularly about strategic issues at the forefront of globalization of higher education, scientific research, and government grants. 

Michelle Gluck

Associate General Counsel

The Pennsylvania State University

Michelle Gluck is Associate General Counsel at The Pennsylvania State University. She joined the Office of the General Counsel in 2021.  Previously, she served 6+ years as Associate General Counsel at The George Washington University and 8 years as Special Counsel to the University System of New Hampshire. Her practice focuses on research administration and compliance, and she also has extensive experience in the management of intellectual property and copyrights.  She has served as Senior Litigation Counsel in the Civil Division of the U.S. Department of Justice and as a Deputy Attorney General in the Government Section of the State of California Department of Justice.  

Upon graduation from the University of California, Berkeley School of Law, Michelle clerked for U.S. District Judge Lawrence T. Lydick and for the Ninth U.S. Circuit Court of Appeals. She is admitted to practice in California, the District of Columbia, Pennsylvania, and before the United States Supreme Court and other federal district and circuit courts. Michelle is also a past vice president of the Montgomery County Council of Parent-Teacher Associations and a long-time advocate for quality K-12 public education. 

Aleks Sverdlov

Counsel

Hogan Lovells

Aleks Sverdlov is a Counsel in the Hogan Lovells Appellate Practice. He previously spent 15 years at the Department of Justice, where he litigated a wide range of constitutional and administrative law matters across numerous subject areas and agencies.   

Throughout the course of numerous administrations, Aleks led government teams defending major programs and priorities ranging from the conduct of the 2020 census to HHS’s implementation of a new drug price negotiation program under the Inflation Reduction Act.  Much of Aleks’s work has involved disputes concerning Congress’s and the Executive’s authority to control federal spending and provide financial assistance directly to individuals or institutions.  Earlier in his career, Aleks spent years litigating disputes involving government procurement and national security programs as well as tariffs and trade remedies.  

Aleks has extensive experience advising policymakers on developing robust rulemaking, minimizing litigation risk, and implementing policies in the face of anticipated or emergent challenges.  Aleks has handled all stages of trial and appellate proceedings, and has argued 10 cases before the U.S. Court of Appeals for the Federal Circuit.

Briefing Recording

This briefing recording is complimentary to NACUA members and is available for NACUA members to access on demand through Online Learning Center.

Please contact us at nacua@nacua.org if you have any issues accessing the briefing.