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Washington Supreme Court Creates Bright-Line Rule - Postemployment Communications Between Former Employees and Corporate Counsel...

The Washington Supreme Court held in a 5-4 vote that attorney-client privilege does not apply to communications between corporate counsel and former corporate employees, even if the communications concern what the employees...more

NLRB Gives It the Old College Try – Again Hints that Athletes May Indeed Be Employees

Labor and employment practitioners will undoubtedly recall the NLRB’s well-publicized foray last year into the ongoing public debate surrounding whether certain college athletes should be considered compensated...more

U.S. Supreme Court Declines to Hear O’Bannon v. NCAA

The U.S. Supreme Court recently decided not to hear the National Collegiate Athletic Association’s (“NCAA”) appeal of the O’Bannon case, a class-action lawsuit that was filed by the former UCLA basketball star and other...more

NLRB Moves Closer to Finding that Scholarship Student-Athletes are Employees

On September 22, 2016, the Associate General Counsel (“AGC”) for the National Labor Relations Board (“NLRB,” or the “Board”) issued an Advice Memorandum indicating that a number of policies in the Northwestern University...more

Don’t Believe Everything You Read: Labor Board Has Not Ruled College Athletes Are Employees (Yet)

ESPN recently reported that the National Labor Relations Board (NLRB) had “ruled” that Northwestern University’s football players were actually “employees,” and that the University’s policing of its football players’ social...more

October Antitrust Bulletin

On Oct. 3, 2016, the U.S. Supreme Court denied petitions for a writ of certiorari from both sides of the O’Bannon v. NCAA student-athlete pay case. As we previously reported, in August 2014 the U.S. District Court for...more

U.S. Supreme Court Denies Certiorari In O’Bannon

The Supreme Court of the United States has denied both the NCAA’s and plaintiffs’ petitions for certiorari in the O’Bannon case. The parties had petitioned for review of the United States Court of Appeals for the Ninth...more

Taking a Page Out of the Olympic Playbook: A Spotlight on National Collegiate Anti-Doping Policies

With the increase in athletic competition often comes an increase in methods to find a competitive edge. Prior to this year’s Olympic games in Rio, several international athletes tested positive for performance enhancing...more

Athletics Leadership and LGBTQ: Suggested Best Practices and Guiding Principles

Until recently, all lesbian, gay, bisexual, transgender and questioning (“LGBTQ”) student-athletes, collegiate coaches, and administrators were expected to keep their sexual orientation or non-conforming gender identity...more

California Ballot 2016: Pros and Cons of Props 57-61

This is the second post in our California Ballot 2016 series – providing the “nutshell” versions of each of the 17 state-wide measures voters must decide in November. Please refer to our first post in the series: Props 51-56,...more

Pokémon, No!

There is something a little bit different about going back to school this year: your school is filled with Pokémon, awaiting capture by your students, employees, and visitors. By now, you are probably familiar with Pokémon...more

Scandals, Investigations, and Media Scrutiny – The Need for Proactive Policies and Procedures in Athletics Departments

With the college football season set to kick off, most attention will turn to wins and losses rather than the off-field issues that place universities and athletic departments in the media spotlight. However, with the...more

Just Play the Game: Sixth Circuit Says Student-Athletes Have No Right of Publicity in Game Broadcasts

In a short, sharp opinion filed August 17, 2016, a three-judge panel on the Sixth Circuit Court of Appeals affirmed dismissal of a class action lawsuit brought by ten former college athletes asserting they were entitled to...more

FY2017 Massachusetts Budget Update: The Conference Committee Budget

Just before the close of the fiscal year, the House and Senate reached an agreement on a $39.146 billion state budget for FY17. Due to a recently identified $750 million drop in projected state revenue, the budget, which was...more

Federal Judge Dismisses Defamation Suit Against Rolling Stone After Discredited University of Virginia Profile

A New York federal judge recently granted a motion to dismiss a defamation lawsuit against Rolling Stone magazine, its publisher Wenner Media, and journalist Sabrina Rubin Erdely. Three former University of Virginia (“UVA”)...more

New York 2016 Legislative Session Wrap Up

The New York state legislature closed out its 2016 legislative session in the early morning hours on Saturday. Although the legislature came up short on a number of big-ticket items, such as comprehensive legislative ethics...more

Naming Rights, Sponsorships, Advertising and Other Private Business Use Relating to Texas Public High School Stadiums and Other...

In addition to building some of the nation's largest high school football stadiums, Texas public school districts are following a national trend – the sale of naming rights to football stadiums and other district facilities....more

Transgender Student Issues – The FEDs Speak, But Is It Really News In Connecticut?

On May 13, 2016, with much fanfare, the United States Department of Justice and the United States Department of Education jointly issued a “Dear Colleague Letter” [“DCL”] in order to provide guidance for school districts with...more

News from Second and State

A Look Ahead: - Next week looks relatively quiet, with only the House of Representatives in Harrisburg for voting session. On Monday, the House Gaming Oversight Committee will hold a public hearing at Hollywood Casino...more

Blogster's Miscellany: Eight Items Just Begging for More Attention, Comment

Ben deRuyter, a Democrat from Brewster announced this past Friday (April 15) he was withdrawing from the race to succeed Cape Cod state senator Dan Wolf because he wants to spend more time with his family. I’m sure his...more

Court Denies Class Cert. in NCAA Antitrust Suit

The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association’s former ban on multiyear scholarships (the “One Year Rule”) and its cap on scholarships (the “GIA...more

Don’t Shoot the Messenger—Student Art Removed, First Amendment Notwithstanding

Last fall we had occasion to address the extent to which public displays of art and attempts at controlling the content of them can run afoul of the First Amendment. In that case, public outrage at artwork submitted by...more

More Money, More Problems? – The Rise of Compensation and Expectations for College Coaches (Employment Matters)

This is the second installment of a series regarding legal issues affecting college athletics that Employment Matters will run during this year’s NCAA basketball tournament. It is no secret that the salaries of coaches...more

More Money, More Problems? – The Rise of Compensation and Expectations for College Coaches

This is the second installment of a series regarding legal issues affecting college athletics that will run during this year’s NCAA basketball tournament. It is no secret that the salaries of coaches of high profile...more

A Look Beyond the Madness – Revisiting The Standing Of And Protections For Student-Athletes (Employment Matters)

This is the first installment of a series regarding legal issues affecting college athletics that Employment Matters will run during this year’s NCAA basketball tournament. Two horrible March Madness brackets ago, we...more

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