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College Esports and Title IX With Jeffrey Levine, Assistant Clinical Professor, Department of Sport Business and Program Lead –... [Video]

College esports programs are growing more and more each year. In this episode of “Lawyers With Game” hosts Darius Gambino and Amy Piccola from Saul Ewing’s Video Gaming and Esports Practice talk with Professor Jeffrey Levine...more

Name, Image, Likeness: A Recap and What We’re Watching

Student-athletes wasted no time following the NCAA’s rule change in July 2021 permitting compensation for name, image, and likeness (“NIL”) in landing deals of all types and sizes. Now, sixteen months later, questions remain...more

New NCAA Name, Image, Likeness Guidance Has Immediate Impact on NIL “Collectives”

On Monday, May 9, 2022, the NCAA Division I Council Working Group on Name, Image and Likeness released new guidance regarding third-party involvement in NIL activities. The guidance comes as we approach the one-year...more

Name, Image, Likeness Update: Where We Are Now

Recap: How We Got Here - Over the past three years there have been seismic shifts in the landscape of college sports, and these authors forecast even more change on the horizon. ...more

NLRB’s Top Prosecutor Proclaims College Athletes are Employees

On September 29, 2021, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (the “Board”), made headlines with the issuance of a memorandum clarifying the GC’s position that certain college athletes are...more

OCR Releases Questions and Answers on the Title IX Regulations on Sexual Harassment, Providing Insight on How the Department...

On July 20, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) issued its Questions and Answers on the Title IX Regulations on Sexual Harassment (“Q&A”), which clarifies OCR’s...more

College Esports Programs: What You Need To Know [Video]

In this episode of "Lawyers With Game," host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice discusses the pros and cons of college esports programs with two colleagues from the firm’s Video...more

College Esports Programs: What You Need To Know [Video]

In this episode of "Lawyers With Game," host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice discusses the pros and cons of college esports programs with two colleagues from the firm’s Video...more

NCAA v. ALSTON Debrief: After Unanimous Supreme Court Sinks NCAA’s Limit on Educational Benefits for College Athletes, What Lies...

​In NCAA v. Alston, the Supreme Court confirmed that the NCAA’s ability to restrict the amount of educational benefits student-athletes may receive from enrolling institutions is limited. The authors offer reflections on the...more

Senate Hearings on Name, Image, and Likeness Rights for Student-Athletes Reveal Broad Support for Federal NIL Legislation, but...

The Senate Committee on Commerce, Science, and Transportation held two hearings this June to address federal legislative proposals that would enable college athletes to monetize their name, image, and likeness (“NIL”)....more

Oral Argument in Blockbuster NCAA Case Reveals Justices’ Skepticism of Rules on College Athlete Pay but Also Support for Status of...

Last week in the Supreme Court, the much awaited oral argument in NCAA v. Alston lived up to its billing with nearly every justice participating in the questioning, putting the lawyers for the NCAA, plaintiffs, and the Acting...more

NIL Update: The NCAA Delays NIL Rule While Congress and States Continue with Divergent Goals and the U.S. Supreme Court Buzzes In

There has been a flurry of activity in the name, image, likeness (“NIL”) arena over the past several months. We previously discussed the NCAA’s about-face decision to permit student-athlete compensation, as well as related...more

What the NCAA’s Legislation Working Group’s Final Report and Recommendations on Name, Image, and Likeness Mean For...

In May 2019, the NCAA Board of Governors created a Working Group to investigate responses to proposed state and federal legislation relating to student-athletes’ ability to be compensated for use of their name, image, or...more

With the NCAA’s Decision to Permit Amateur Name Image Likeness Compensation, Student-Athletes and Legislators Score a Big Win; But...

In a seeming about-face, the NCAA’s governing board voted unanimously on October 29, 2019 to allow college athletes to be compensated for the use of their name, image, and likeness (“NIL”)....more

Higher Education Highlights Summer 2019

Esports - Electronic sports (esports), also known as competitive video and computer gaming, continues to boom in popularity. Esports is a spectator-driven phenomenon: some reports estimate the global esports audience will...more

N.D. of Mississippi: Insured’s Claim that Insurer Acted in Bad Faith by Failing to Disclose its Practice of Depreciating Labor...

Mitchell v. State Farm Fire and Casualty Company, No. 3:17cv00170-M, 2018 WL 4572664 (N.D. Miss. Sept. 24, 2018) - Lorine Mitchell submitted a claim to State Farm for damage to her property from a storm. Under the terms of...more

District of Connecticut Denies Motion to Dismiss in Faulty Concrete Case, Leaving Open the Question of the Scope of “Sudden” and...

The District Court for the District of Connecticut denied Allstate's motion to dismiss its insureds’ breach of contract and statutory bad faith claims, finding that the cost to fix damage to the concrete foundation of the...more

Texas Appellate Court Confirms that Insurer’s Payment of Appraisal Award Precludes Common Law and Statutory Bad Faith Claims

Ortiz v. State Farm Lloyds, No. 04-17-00252-CV, 2017 WL 5162315 (Tex. Ct. App. Nov. 8, 2017). Oscar Ortiz submitted a claim to State Farm for damage to his property resulting from wind and a hailstorm. After inspecting the...more

The Intersection of Wearable Technology and the Insurance Industry [Video]

Amy Piccola, an attorney in Saul Ewing Arnstein & Lehr LLP’s Insurance Practice, discusses wearable technology and the significant opportunities it provides for the insurance industry, both for insurance companies and their...more

Texas Appellate Court Reverses Award of Extracontractual Damages Holding Evidence was Legally Insufficient to Support Jury’s Bad...

State Farm Lloyds v. Webb, No. 09-15-00408-CV, 2017 WL 927848 (Tex. Ct. App. Mar. 9, 2017) - After State Farm denied his claim for damages he contended were caused by a plumbing leak, Dennis Webb sued State Farm for,...more

Ninth Circuit Reverses Insured’s Summary Judgment Win Concluding that Insurer’s Negligence is Insufficient to Breach Implied Duty...

McDaniel v. Govt. Empls. Ins. Co., No. 14-17203, 2017 WL 892516 (9th Cir. Mar. 7, 2017) - On cross-motions for summary judgment, the District Court for the Eastern District of California ruled in favor of Amy McDaniel,...more

Bad Faith Sentinel - September 2015

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

Eastern District of Pennsylvania: Insureds’ Negligence And Unfair Trade Practices Claims Against Adjusters Are Colorable Under...

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable...more

Bad Faith Sentinel - July 2015

Eighth Circuit: No Bad Faith Where Insured Failed to Make a Sufficient Demand and Insurer Refused to Entertain Settlement Offer Prior to Completing Investigation - Purscell v. Tico Ins. Co., No. 13-2362, 2015 WL 3855253...more

Bad Faith Sentinel - April 2015

In This Issue: - En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from Denial of Coverage and Benefits for Work-Related Injury -...more

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