Keith Zakarin exclusively represents private postsecondary schools and colleges. His representation of these schools nationwide includes such diverse areas of law as student and employee litigation, regulatory and administrative counseling and litigation, mergers and acquisitions, accreditation counseling and advocacy, employment counseling and risk management.
Mr. Zakarin is not just an attorney representing colleges; he also owned and operated an accredited private college for thirteen years.
Mr. Zakarin is a 1986 graduate of the University of California, Berkeley, Boalt Hall School of Law, and a summa cum laude graduate of the University of California at San Diego.
Representative Matters
- Enjoined California's Bureau for Private Postsecondary and Vocational Education from assessment of confiscatory and illegal sector-wide levy in California Association of Private Postsecondary Schools v. Hamilton, et al.
Defended dozens of student lawsuits and arbitrations of all kinds, including class actions, individual claims and private attorneys general.
Drafter of arbitration provisions used nationwide by private postsecondary schools and colleges
Negotiation of numerous purchase and sale transactions, representing sellers and buyers
- Successfully argued Saratoga v. Martinac to United States Supreme Court, 1997 term
Areas of Practice
- Postsecondary Education
Admissions
- California
- Maine
- Supreme Court of the United States
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Tax Court
- U.S. District Court for the Southern District of California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Central District of California
Education
- University of California, Berkeley, School of Law, J.D., 1986
- University of California, San Diego, B.A., summa cum laude, 1983
Experience
- Duane Morris LLP
- Partner, 2004-present - Kaye, Rose & Maltzman LLP
- Partner, 2000-2004 - Booth Banning LLP
- Partner, 1994-2000 - Pillsbury Madison & Sutro
- Associate, 1986-1994
Professional Activities
- American Bar Association
- San Diego County Bar Association
- General Counsel to California Association of Private Postsecondary Schools ("CAPPS")
- General Counsel to the American Association of Cosmetology Schools ("AACS")
- Director, Imagine America Foundation
- Vice President and Program Chair, Business Education Research Association
Honors and Awards
- Honored in California Association of Private Postsecondary Schools' Hall of Fame
Listed in The Best Lawyers in America, 2016-2024
- Rated as "Superb" (highest rating of 10 out of 10) by AVVO
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
Selected Publications
- Co-author, "Department of Education Issues Guidance on Safeguarding Civil Rights During COVID-19 Pandemic," Duane Morris Alert, March 18, 2020
- Quoted in "Duane Morris Lawyer Defends Career Schools Against Government Regulators," Philadelphia Inquirer, August 16, 2016
- "Don't Dismiss For-Profit Colleges," Los Angeles Daily Journal, May 14, 2014
- "Snitching and Sniveling: A Critique of 60 Minutes' 'Expose'," Career Education Review, 2006
- "Prevention of Instructor Caused Claims in Private Postsecondary Schools," Career Education Review, 2004
- Editor, Employer's Deskbook, 1996-2000
Selected Speaking Engagements
Speaker, "Final General Session-The Legal Update," CAPPS 35th Annual Conference, Long Beach, California, October 11, 2019
Speaker, "New Sector Attacks at the State Level," CECU Annual Convention, June 2, 2019
Speaker, "State Veterans Agency on the Attack Against Private Postsecondary Institutions,"California Association of Private Postsecondary Schools, Webinar, May 15, 2019
Speaker, "In California, What You Don't Know Can Really Hurt ($$$)," CAPPS Webinar, February 7, 2019
Speaker, "The Legal Update," California Association of Private Postsecondary Schools (CAPPS) 34th Annual Conference, Rancho Mirage, California, October 12, 2018
- Speaker, "Borrower Defense to Repayment," Career Education Colleges & Universities Convention, Las Vegas, June 6, 2017
- Speaker, "Threats From The Left, Relief From The Right?" California Association of Private Postsecondary Schools (CAPPS) 2017 Legislative Policy Committee, March 27, 2017
- Speaker, "Increasing Institutional Effectiveness Through Operations and Liability Integration," California Association of Private Postsecondary Schools (CAPPS) Education Management Online Boot Camp, August 26, 2016
- "Managing Your Institution to Avoid Talking to Me," Education Management Boot Camp, California Association of Private Postsecondary Schools (CAPPS), August 12-13, 2015
- "2014 CAPPS Speech on Refusing to Accept an Unearned Guilt," December 11, 2014
- "Trends and Transactions in Private Post-Secondary Education," Expert Webcast, June 5, 2014
- "Director's Boot Camp," California Association of Private Postsecondary Schools, Newport Beach, California, August 15-16, 2012
- "Legal Bootcamp," American Association of Cosmetology Schools Legal Bootcamp 2009
- "Minimizing Legal Risk in Growth Times," American Association of Cosmetology Schools Spring Leadership Conference 2009
- "AB 48: The Stuff I Need to Know Now," CAPPS Annual Convention 2009
- "Core Operational, Technical and Legal Issues in On-Line Education," Career College Association Annual Meeting 2009
- "How to Spend Less Quality Time with your Lawyers, and More Time Running Your Business," Career Schools and Colleges of Texas Annual Meeting 2009
- "Time Off From Work," American Association of Cosmetology Schools Annual Convention 2008
- "Internet Highway Robbery: How to Protect your Domain, Trademarks & Copyrights from Cyberthieves," Career College Association Annual Meeting 2008
- "Top 10 Reasons Why I'm Stuck In This Lawsuit Instead Of Running The School," American Association of Cosmetology Schools Annual Convention 2006
- "Top 10 Management Practices To Use To Get Successfully Sued By Ungrateful Former Employees," American Association of Cosmetology Schools Annual Convention 2005
- "Your Do-it-Yourself, In-House, Attorney Unenriching Instant Personal Tort Reform Kit," Career Schools and Colleges of Texas Annual Meeting 2005
- Keynote Address, Council on Occupational Education Annual Meeting 2005 Arbitration and Grievance Resolution Procedures, American Association of Cosmetology Schools Annual Convention 2004
- "Risk Management Principles to Ignore: Ways to Spend More Quality Time with your Lawyers," Career Schools and Colleges of Texas, 2004
- "Why I'm Embroiled in this ADA Lawsuit Instead of Running the School," Council on Occupational Education, Annual Meeting 2004
- "Should I Fire that Employee?" Career College Association Annual Convention, 2003
- Keynote Address, CAPPS Annual Convention 2000
- Legal Bootcamp, CAPPS Director's Bootcamp 2000
- Legal Bootcamp, CAPPS Legal Bootcamp 2000
- Keynote Address, CAPPS Legislative Conference 2000
- Keynote Address, CAPPS Annual Convention 1999
- Legal Issue for School Directors, CAPPS Director's Bootcamp 1999
- Keynote Address, CAPPS Legislative Conference 1999
- Deterring and Defending Student Claims, Career College Association Annual Meeting 1999
- Keynote Address, CAPPS Annual Convention 1998
- Legal Bootcamp, CAPPS Legal Bootcamp 1998
- Keynote Address, CAPPS Legislative Conference 1998
- Keynote Address, CAPPS Annual Convention 1997
- Keynote Address, CAPPS Legislative Conference 1997
- Keynote Address, CAPPS Annual Convention 1996
- Keynote Address, CAPPS Legislative Conference 1996
- Keynote Address, CAPPS Annual Convention 1995
- Keynote Address, CAPPS Legislative Conference 1995