Antitrust & Trade Regulation Education

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Game On! Recent Legal Developments and Tax Issues for Collegiate Athletics

This is a period of unprecedented change for collegiate athletics, with potentially surprising tax consequences to the parties involved. Within the past six months, a federal district court held that the antitrust laws...more

What O’Bannon Means For NCAA's Next Round Of Litigation

After a three-week trial and five years of litigation, the “[m]ost important trial in sports history” — O’Bannon v. National Collegiate Athletic Association — concluded last month, culminating in what some have said is the...more

NCAA to Appeal O’Bannon Decision

Last Thursday, the NCAA announced that it had filed a notice of appeal of Judge Claudia Wilken’s August 8, 2014 decision in O’Bannon v. National Collegiate Athletic Association et al. The appeal was widely anticipated as the...more

Winston & Strawn's Kessler Sees Change and Opportunity in College Athletics  [Video]

August 27, 2014 (Mimesis Law) -- Jeff Kessler, partner at Winston & Strawn, talks with Lee Pacchia and Steve Olenick about how he fashioned a career in the emerging field of sports law. Over the course of his thirty plus...more

Judge Rules NCAA Ban on Student-Athlete Compensation Violates Antitrust Law

On Friday, August 8, 2014, the Northern District of California determined that the National Collegiate Athletic Association’s (NCAA’s) rules banning student-athletes for being compensated for the use of their names, images...more

Federal Judge Enjoins NCAA Player Likeness Rules as Illegal Price Fixing

On August 8, 2014, a California federal judge ruled that college athletes can share in the billions of dollars generated from media contracts, finding that restraints imposed by the National Collegiate Athletic Association...more

Court Rules Against NCAA in O’Bannon Case

The United States District Court for the Northern District of California issued its highly anticipated decision in the Ed O’Bannon case on August 8, 2014. The Court ruled in favor of the plaintiffs, a class consisting of...more

Court Rules NCAA Violated Antitrust Laws: But Did The NCAA Win By Losing?

A federal court has ruled that the NCAA cannot ban schools from giving athletes money based on their name, image and likeness, and cannot impose a salary cap below $5,000. See O'Bannon v. NCAA (N.D. Calif Aug. 8, 2014). The...more

NCAA Cannot Bar Compensation of Student-Athletes for Use of Their Names and Likenesses, Federal Court Says

A recent California federal court decision has further lifted the thumb on the scales that has historically benefited collegiate athletics in weighing whether their association rules violate the federal antitrust laws. ...more

NCAA’s Latest Legal Nightmare May Be Most Important

No doubt all eyes of the sports world are on the O’Bannon v. National Collegiate Athletic Association trial, which is currently taking place in Oakland, California. SB Nation called the trial “the biggest trial in the history...more

The CFPB & UDAAP: A “Know It When You See It” Standard?

Institutions regulated by the Consumer Financial Protection Bureau (CFPB) and subject to its enforcement authority are dealing with of the agency’s sweeping authority to prohibit unfair, deceptive, and abusive acts or...more

Do Public School Athletic Leagues Have To Admit Private High Schools?

Liberty Christian Academy (LCA), a private high school in Lynchburg, Virginia, has filed an antitrust action against the Virginia High School League (VHSL), a non-profit organization of public high schools in Virginia. The...more

Collusion Regarding Terms of Medical Resident Employment?

Did you ever wonder why teaching hospitals can conduct their medical residency “match” program? And why they can share data and use it to help set wages for residents? And why the match program effectively forbids salary...more

FTC Continues to Update COPPA FAQs - This Time, Guidance for Schools

As part of our ongoing updates on guidance the Federal Trade Commission offers through its Frequently Asked Questions (FAQs) relating to its updated Children’s Online Privacy Protection Act (COPPA) Rule, we note that recently...more

FTC Changes COPPA FAQ To Provide New Guidance On Consent And Data Collection In Educational Settings

On April 22, the Federal Trade Commission (FTC) updated its "Frequently Asked Questions" (FAQ) website to provide additional information on how operators can collect students' personal information—in compliance with the...more

FTC Updates COPPA FAQs to Address Education Space

The FTC has just published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and businesses...more

Bracketology 101 – A Look Ahead at Legal Issues that May Change the Face of the Final Four

This year’s NCAA Division I Basketball Tournament may be the last of its kind. This post explores some of the brewing legal issues that may force big changes to future “Final Fours,” and in turn, the legal rights and...more

FTC Revises Vocational School Guides

The Federal Trade Commission has revised its Guides for Private Vocational and Distance Education Schools, generally referred to as the “Vocational School Guides” (Guides). The Guides are intended to advise businesses that...more

After Being Unfairly Characterized by Regulators, For-Profit Institutions Slowly Rebranding Image

For-profit education needs rebranding. With the recent appointment of Michael Dakduk as key advisor to the Association of Private Sector Colleges and Universities, the sector has made a step in the right direction. The...more

NCAA Obtains a Vital Win on Antitrust Challenge of Athletic Aid Rules

In a recent federal court decision, the NCAA obtained dismissal of a claim that certain rules governing athletic grants-in-aid violated the antitrust laws. The case, Rock v. NCAA, was led by three former student-athletes and...more

Novel Approach To Opposing Class Certification Rejected

Originally published in Competition Law360 on March 7, 2013. Current and former student-athletes are one step closer to forcing the National Collegiate Athletic Association and its member institutions to share their...more

Argument Report: Debating an Arbitrator's Power to Interpret a Collective Bargaining Agreement

Our reports on the November term oral arguments at the Illinois Supreme Court begin with Griggsville Perry Community Unit School District No. 4 v. Illinois Educational Labor Relations Board. Griggsville-Perry arose from...more

Three Point Shot - July 2012

In This Issue: - Ex-Footballers Sacked on First Play from Scrimmage in Antitrust Lawsuit Against the NCAA - OMG! LOLs No Longer Cause for SMH from the NCAA - Not Quite Harvard v. Yale (1968), ESPN Wins When...more

Mike Koehler on Foreign Corrupt Practices Act Reform [Video]

Mike Koehler, J.D., Assistant Professor of Business Law at Butler University, discusses the Foreign Corrupt Practices Act (FCPA). Mr. Koehler believes the FCPA needs to receive non-binding Department of Justice guidance....more

Should FTC Sue Law Schools For Misrepresentation?

On May 25, 2011, a class action was filed against the Thomas Jefferson School of Law (TJSL) in San Diego for intentionally misrepresenting employment data of recent alumni. The complaint states that in order to continue...more

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