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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

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

The GPMemorandum, Issue 183

In This Issue: - Fourth Circuit Upholds Summary Judgment For Manufacturer In Exclusive Dealing Case: Despite being one of two manufacturers that control 99% of the market, E.I. DuPont de Nemours and Co. has...more

The Majors, The Minors and Antitrust Training

In my last antitrust training blog, I admitted I didn’t know much about it and that I frankly thought of the topic as much less popular than others in most ethics and compliance training libraries. After writing about it,...more

Northwestern University Football Players Are Not Employees

Recently, the National Labor Relations Board ruled that grant-in-aid scholarship football players at Northwestern University are “employees” under the National Labor Relations Act. This has raised the question whether such...more

The World Cup of Non-Competes

Can you imagine if FIFA allowed or enforced non-compete agreements that limited the ability of a player to hold dual citizenship and play for either country? Would the World Cup have suffered if brothers representing Ghana...more

Amicus Briefs Submitted to NLRB on Appeal of Northwestern University Decision

As previously noted in this blog, the National Labor Relations Board (“NLRB”) has sought amicus curiae briefing in the Northwestern University and College Athletes Players Association matter on review of the NLRB Regional...more

Terminating a sportsperson’s contract for private conduct (the Todd Carney case)

On 28 June 2014, a photo was posted on social media of Cronulla Sharks’ Football Club five eighth Todd Carney engaging in a lewd act in a nightclub bathroom. The Cronulla Sharks acted swiftly, organising a teleconference with...more

Workplace Lessons from the NFL—An Interview with Ogletree Deakins Shareholder and Former Offensive Lineman, John Gerak

Until his career was cut short by injury, John Gerak played five seasons as an offensive lineman in the National Football League (NFL)—four with the Minnesota Vikings and one with the St. Louis Rams. As an undergraduate,...more

Essendon Football Club v Australian Sports Anti-Doping Authority

Federal Court Action - On 13 June 2014, the Essendon Football Club (an Australian Rules football club) launched legal action in the Federal Court of Australia against the CEO of the Australian Sports Anti-Doping...more

Summer Semester Checklist – Revisiting Your Coach’s Contract

In the “quiet” period for intercollegiate athletic competition, compensation to college coaches has taken center stage. During the ongoing trial in the O’Bannon v. NCAA litigation, the plaintiff’s expert economist highlighted...more

Musicians in the theatre production ‘War Horse’ lose their legal bid

Musicians employed by the National Theatre in its production of War Horse at the New London Theatre have been refused their application for an interim injunction, or alternatively specific performance, to require the National...more

World Cup 2014: Is your business ready for kick-off?

The 2014 World Cup is nearly upon us. The first game kicks off in Brazil on 12 June 2014. With the time difference in the UK’s favour, the matches will be screened early or late evening and may therefore have less of an...more

The NLRB Invites Comments Before Reaching a Final Decision on Whether to Grant Northwestern University Football Players the Right...

On March 26, 2014, Peter Sung Ohr, the National Labor Relations Board’s (“NLRB”) Regional Director in Chicago, ruled that football players at Northwestern University were properly classified as employees of the University...more

College Coaching Comebacks Petrino and Pearl Get Second Chances: The Moral(s) of the Story

Bobby Petrino seems to turn every team that he coaches into a winner – and a cash cow. After Petrino took over the Louisville Cardinals in 2003, he increased the team’s revenue from $10 million to $19 million in just three...more

Is the NLRB’s Brown University Decision on Its Last Leg?

The National Labor Relations Board’s treatment of college and university students as “employees” covered by the National Labor Relations Act has been the subject of a tortured history. In the Fall of 2000, in a case...more

Will the Star Quarterback Be Sacked by the Taxman?

On March 26, 2014, a regional director of the National Labor Relations Board (NLRB) decided scholarship football players at Northwestern University are employees because they “perform services for the benefit of the employer...more

Whistleblowing the NCAA into Compliance

Mike McQueary was living his dream. A Pennsylvania State College kid who quarterbacked the Penn State University Nittany Lions, McQuery had climbed the ranks from Coach Joe Paterno's graduate assistant to Penn State's...more

The Employment Law Authority - March/April 2014

In This Issue: - Depressed Worker Does Not Qualify For Leave: Court Finds FMLA Requires A Period Of Incapacity - Homer Deakins Testifies Before NLRB: Discusses Controversial Changes To Representation Election...more

What Would You Do With Donald Sterling?

By now, you’ve probably heard of the audio recording of racist statements by L.A. Clippers’ owner Donald Sterling that has gone viral. Yesterday, the NBA commissioner announced that Sterling will be banned for life from the...more

Northwestern University's Football Team Is Scheduled To Vote On Union Representation

At the end of March, in a landmark decision, the Regional Director of the National Labor Relations Board (NLRB) in Chicago held that Northwestern University’s scholarship football players are “employees” who can vote to be...more

Gimme A U-N-I-O-N!

Willa Bepayed is a standout attacker and a Senior on State Tech’s volleyball team. Willa read about Kan Doit, the Southeastern quarterback who’s leading the unionization drive before the National Labor Relations Board (NLRB)....more

NLRB to Decide Whether Northwestern’s Scholarship Football Players Are Students or Employees

Late yesterday, the National Labor Relations Board (NLRB) in Washington, D.C. granted the request for review (i.e., an appeal) filed by Northwestern University in the much-watched case involving the status of Northwestern’s...more

What Exactly is the Long-Term Impact of the NLRB’s Decision? Part 3

While the Northwestern decision applies to private universities, there is a good chance that this rule would affect public universities as well. States have individual statutes and related administrative bodies that govern...more

NLRB Grants Request for Review of Northwestern University Decision

In a not surprising development, the National Labor Relations Board announced today that it has granted Northwestern University’s Request for Review of the Regional Director’s decision directing an election among the...more

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