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NCAA Appeals Ruling on Compensation for Student-Athletes

On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California’s August decision that the NCAA’s...more

Division I Athlete Commences Collective Action Seeking Pay For Play

A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to...more

Player Eligibility Above Academic Integrity? Ways to Avoid UNC-Chapel Hill’s Academic Scandal

An independent investigation of the African and Afro-American Studies (AFAM) Department at the University of North Carolina at Chapel Hill suggests that this prestigious institution placed player eligibility above academic...more

Section 75-1.1 Stars in New Putative Class Action Against UNC

Last Thursday, former UNC football player Michael McAdoo filed a putative class action against UNC-Chapel Hill. This federal complaint has already received extensive publicity. The publicity, though, has overlooked the...more

Former College Athlete Claiming Temporary Employee Status Sues NCAA Because She Wasn’t Paid Minimum Wage

A former soccer player from the University of Houston, Samantha Sackos, has filed a putative class action in the Southern District of Indiana against the National Collegiate Athletic Association (NCAA) and all NCAA Division I...more

The Next Cleat Drops… College Athletes Sue for Unpaid Wages

If college athletes are employees under the National Labor Relations Act (“NLRA”), then why not under the Fair Labor Standards Act (“FLSA”)? That proposition predictably follows from the recent determination by the Chicago...more

FLSA Wage and Hour Lawsuit Filed against NCAA

A putative collective action on behalf of college athletes, Sackos v. National Collegiate Athletic Association, was recently filed in the U.S. District Court for the Southern District of Indiana against the National...more

Georgia State Academic Fair Use Decision Vacated by 11th Circuit: A (Relatively) Quick Read for the Busy Practitioner

Last Friday, the 11th Circuit Court of Appeals vacated and remanded the Northern District of Georgia’s 350-page fair use analysis of the electronic reserves practices at Georgia State University (“GSU”). Although this...more

Boston Ordinances Proposed to Address Student-Athlete Safety and Scholarships - Ordinances May Lead Other Cities and States to...

The Boston City Council has entered the ongoing national debates and reform efforts concerning collegiate student-athlete issues, including safety and scholarships. Colleges and universities across the United States, athletic...more

Court Affirms Three-Part Title IX Test Applies to High Schools

In a recent decision, Ollier v. Sweetwater Union High School District, the Ninth Circuit Court of Appeals upheld a trial court finding that a public school district intentionally discriminated and retaliated against female...more

When Xs and Os Go Awry: Recent College Coach Lawsuits Emphasize the Importance of Good Contract Language Even for "Intramural"...

The recent flurry of scandals in professional sports, particularly those from the NFL that dominated headlines in recent weeks, are not without their counterparts in the college ranks. Indeed, in the past year there have been...more

Employment Law Summer Recap 2014: Part 6 of 11 – A Farewell to the BCS and Amateurism in College Athletics (At Least as You Knew...

The advent of a playoff system in Division I FBS college football is not the only new change in intercollegiate athletics. After the most active summer in the history of college sports, the following events will have a large...more

NCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws

The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that...more

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

Second Annual Report Of The Independent Athletics Integrity Monitor Pursuant To The Athletics Integrity Agreement Among The...

In This Issue: - Introduction & Summary - The Monitor's Activity This Quarter - Observations As To Specific Areas - Other Events During The Reporting Period - Recommendations -...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 Settles Concussion Class Action Lawsuit

On July 29, 2014, the NCAA and representatives of college athletes announced an agreement to settle a concussion class action lawsuit that came on the heels of a similar lawsuit against the NFL. The settlement will need to...more

NCAA Passes Resolution Seeking To Clarify The Role of Athletic Departments in Campus Sexual Assault Investigations

On August 08, 2014, the Executive Committee of the National Collegiate Athletic Association (“NCAA”) passed a resolution (the “Resolution”) addressing how athletic departments should handle cases of sexual misconduct...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

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

High School Football Players (and others) Tweet with Caution

I recently read an article about how college football recruiters are using twitter to screen out potential players for their teams. It’s becoming a somewhat common practice for recruiters to monitor the twitter accounts of...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

Former JSU Women’s Basketball Coach Receives Additional Award in Wrongful Termination Suit

In August, a judge awarded former Jackson State University (JSU) head coach, Denise Taylor, $200,000 in damages for “emotional pain and suffering” she endured during her employment. Taylor was the head women’s basketball...more

School Districts: New Law Expands Child Abuse Reporting Obligations to School Coaches (8/14)

On August 6, 2014, Governor Andrew Cuomo signed a bill into law that will require school athletic coaches to report suspected child abuse to the authorities. Under state law, school personnel, including but not limited to,...more

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