News & Analysis as of

WNBA looks to spark interest — in league and apparel

When NBA Commissioner Adam Silver admitted that, 20 years after its creation, the WNBA is not where it was expected to be by now, he drew attention to the issues faced by women’s sports marketers in their efforts to move on...more

Off the Record? Workplace Perils of Video Recording and Social Media

By Scott Rabe and Samuel Sverdlov Seyfarth Synopsis: With seemingly every employee having access to a smart-phone or other recording device, employers without strong social media policies may be placing themselves at greater...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

Is it a Gamble for Employers to Permit Office Pools During March Madness?

The American Gaming Association estimates that Americans will bet a total of $9.2 billion on March Madness brackets, pools and contests this year, an increase of approximately $200 million from last year. While estimates...more

The Final Four – Do Employers Care?

Much time will be spent this week in person and online trying to make money on the NCAA tournament. There’s the blog hook for today. Online technology, and social media in particular, have made it much easier for employees to...more

NCAA Allows Student-Athletes to Remain Eligible When Gauging NBA Career

Earlier this month, the National Collegiate Athletic Association (the “NCAA”) issued a rule change to allow student-athletes to test their draft status with the National Basketball Association (“NBA”) without losing their...more

College Basketball Players Can Bring Sexual Orientation Claim Under Federal Law, And Why Employers Should Pay Attention

In the months since the EEOC’s landmark ruling in Baldwin v Foxx, the looming question has been: Would federal courts adopt the Commission’s position that claims of sexual orientation discrimination were cognizable under...more

Title IX Implications of the O'Bannon Decision

The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX). In the...more

Court Rules NCAA Can Block Colleges from Paying Student-Athletes, But Allows Scholarships for “Full Cost of Attendance”

In a partial victory for the NCAA, the Ninth Circuit Court of Appeals overturned in part a permanent injunction issued by the District Court for the Northern District of California, which had required the NCAA to allow...more

NLRB Punts on First Down: Declines to Exercise Jurisdiction in Northwestern University Football Players Union Representation Case

The NLRB’s decision is limited to the facts presented by the Northwestern case, and the Board may assert jurisdiction in another case involving scholarship athletes at a later date. On August 17th, the National Labor...more

Ninth Circuit Issues Stay in O’Bannon Antitrust Lawsuit

Recently, the U.S. Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) granted the National Collegiate Athletic Association’s (the “NCAA”) request for a stay of a federal judge’s ruling that makes it illegal for the...more

July 2015 Independent Contractor Compliance and Misclassification News Update

This July was another month where independent contractor compliance and misclassification was a topic that made front page news. Hillary Clinton placed independent contractor misclassification in the national spotlight when...more

New California Law Recognizes Cheerleaders as Employees Not Independent Contractors

Amid recent review of employees being misclassified as independent contractors, which may not entitle them to overtime, sick days and other protections, California governor Jerry Brown signed a bill into law requiring that...more

Pay to Play? How States Handle Signing Bonuses for Athletes

Non-CPA sports fans (and athletes themselves) increasingly appreciate the tax aspects of luring the best free agent athletes to their teams. One recent example is the whopper of a contract that agent Scott Boras cooked...more

Pro Sports in Pepsi's Court with NBA Deal

In what looks like a well executed steal, PepsiCo signed a five-year corporate sponsorship deal in April with the National Basketball Association, replacing the Coca-Cola Co. — which had a 29-year sponsorship relationship...more

Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer

In 2009, Michael Jordan was inducted into the Basketball Hall of Fame. To commemorate Jordan’s career, Time Inc. published a special Sports Illustrated Presents issue that included congratulatory “advertisements” from several...more

Sacramento Kings – 2, Opponents – 0: Court Rules that the Downtown Arena Satisfies Environmental Review Requirements

In Saltonstall, et al. v. City of Sacramento, No. C077772 (Cal. Ct. App. 3rd Dist., Feb. 18, 2015), the Third Appellate District affirmed the judgment of the Superior Court in holding that the City of Sacramento did not...more

Court Blocks Opponents’ Shot at Halting New Kings Arena

The court of appeal recently upheld legislation modifying several deadlines for CEQA review of a project that includes a proposed new arena for the Sacramento Kings, rejecting a claim the statute violates separation of...more

Employment Law Summer Recap 2014: Part 3 of 11 – The Decision 2.0: This Time, LeBron Leaves the Right Way; Will Your Employees?

While it seems like it happened forever ago, it was just back in July when LeBron James once again held this nation captive over where he would play basketball. ...more

Considering the Eminent Domain of Sports Franchises

In a thought-provoking article, Anthony F. Della Pelle considers the interesting question of whether the City of Los Angeles could simply “take” the LA Clippers via eminent domain. One might typically associate California’s...more

Sale of Clippers Will Cost Sterlings Significant Income Taxes

People who do not think that Donald Sterling is being impacted sufficiently by the NBA fine and being forced to sell the Los Angeles Clippers are not taking into account the significant federal and California income taxes...more

Everything You Need to Start Your NBA Franchise

When NBA owner Donald Sterling’s racist comments came out last weekend, they led to a lot of things, among them the decision by the NBA to finally release its previously secret constitution and by-laws. (As an aside, it was...more

Critical Limitations Soften Blow Of Seventh Circuit Decision Voiding Indiana School’s Boys Basketball Hair Length Rule

The Seventh Circuit’s decision, which is one of the first of its kind and one of the first decisions addressing hair lengths in schools in decades, has garnered media attention and warrants a close look at hair length...more

What Do You Get When You Cross March Madness With Insurance?

A chance to win one billion dollars. Quicken Loans and Berkshire Hathaway recently announced that they are teaming up to award one billion dollars to be shared by persons who correctly predict the winners of every game in...more

Not All Litigation is A Slam Dunk Case #LawsuitAttorney

The Cleveland Cavaliers surprised the basketball world by choosing Anthony Bennett as the first selection in the NBA draft. Nerlens Noel, whom many predicted would be the first pick, was not chosen until the sixth pick in the...more

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