NCAA

News & Analysis as of

NLRB Calls Audible — No Union for Northwestern

Over a year ago, the regional office of the National Labor Relations Board (NLRB) in Chicago concluded that scholarship athletes on the Northwestern University football team were “employees” within the meaning of the National...more

NLRB Decision on Student-Athlete Unionization a Win for Colleges, But Title IX Still in Play

The National Labor Relations Board (NLRB) issued a unanimous decision on Aug. 17, 2015, dismissing a petition filed by Northwestern University scholarship football players seeking to unionize under the National Labor...more

National Labor Relations Board Releases Unanimous Decision in Favor of Northwestern University and the NCAA

On August 17, 2015, the National Labor Relations Board (NLRB) declined to assert jurisdiction in Northwestern University and College Athletes Players Association (CAPA), the union-organizing case involving grant-in-aid...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

NLRB Declines Jurisdiction Over Northwestern Football Players — Punts to NCAA to Address Athletes' Grievances

On January 28, 2014, student-athlete members of the Northwestern University football team filed a representation petition with the National Labor Relations Board (NLRB) asserting they are “employees” of the university...more

Caitlyn on the track: Athletics, Title IX, and the transgender community

In our previous post, we discussed emerging federal policy regarding the application of federal anti-discrimination laws to the transgender community. We focused, in particular, on the “Statement of Interest” filed earlier...more

OFFSIDES: NLRB Punts on Whether College Football Players Can Unionize

Last year, in what was lauded as a potentially game changing decision (pun intended), Peter Sung Ohr, the Regional Director of Region 13 of the National Labor Relations Board (NLRB or Board) ruled that the grant-in-aid...more

NLRB Punts on Whether Northwestern University Football Players Be Allowed to Unionize

On Monday, the full National Labor Relations Board unanimously dismissed a petition by college football players at Northwestern who sought permission to unionize. This decision effectively overturned the regional director’s...more

NLRB Calls Out the Punt Team and Declines Jurisdiction Over Northwestern University Football Players

In a mild surprise given the current constitution of the Board (read – majority appointed by President Obama), the NLRB declined to assert jurisdiction in ruling on the petition of Northwestern University’s scholarship...more

NLRB’s Unanimous Decision Is Major Victory for College Sports

Yesterday, in a highly anticipated decision, the National Labor Relations Board (the Board) declined to exercise jurisdiction over the College Athletes Players Association’s (CAPA) representation petition. CAPA asked the...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

Northwestern University Football Players Can’t Form Union, NLRB Says and Refuses to Determine if They Are “Employees”

Northwestern University football players cannot form a union, the National Labor Relations Board (NLRB or Board) decided today. The NLRB based its ruling on its duty to maintain stability in labor relations and notably...more

Play for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling

Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S....more

Justice Delayed or Justice Denied?

Many college sports aficionados are likely aware of the long-raging debate about whether college athletes in high revenue sports, like football and basketball, ought to be paid for their services. After all, college sports...more

Ninth Circuit Orders Stay in O’Bannon Case

On July 31, 2015, the United States Court of Appeals for the Ninth Circuit granted the NCAA’s request to stay the injunctions ordered by the District Court in the O’Bannon v. NCAA case....more

Ninth Circuit Stays Injunction in O’Bannon v. NCAA Pending Final Decision

The Ninth Circuit issued an order last Friday staying an injunction from U.S. District Judge Claudia Wilken of the Northern District of California in O’Bannon v. NCAA until it reaches a decision on the merits of the appeal....more

Right of Publicity Claims by Athletes Nearly Shut Out in 2015

When we published our Sue-per Bowl post, 2015 looked like it would be a good year for right of publicity claims brought by athletes. On January 6, 2015, the Ninth Circuit in Davis v. Electronic Arts held that the First...more

Eleventh Quarterly Report Of The Independent Athletics Integrity Monitor Pursuant To The Athletics Integrity Agreement Among The...

This is the eleventh quarterly report of the independent athletics integrity monitor (“Monitor”) pursuant to article IV of the Athletics Integrity Agreement (“AIA”) among the National Collegiate Athletic Association (“NCAA”),...more

Proposal Made to the Knight Commission Re Alternative Regulatory Scheme for College Sport

The Knight Commission on Intercollegiate Athletics met in Washington, D.C. on May 19, 2015. Manatt’s Sports Law Practice Group Chair, Ron Katz, was invited to give a statement on alternative regulatory schemes for college...more

Oh, Snap! App Changes March Madness Strategy

While it’s no secret that Facebook and Twitter dominate live sports-related chatter on social media, this year’s underdog, Snapchat, made a bold play for an upset during the NCAA’s March Madness. The Our Stories feature...more

Penalty! The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

In a significant victory for open court filings, the California Court of Appeal rejected an effort by the National Collegiate Athletic Association (“NCAA”) to seal 400 pages of documents in a dispute between the NCAA and a...more

The UNC Former Student-Athletes’ Litigation: The Defense Enters the Field

We wrote last month about the lawsuit filed against the University of North Carolina and the NCAA by former UNC student-athletes Rashanda McCants and Devon Ramsey....more

Ninth Circuit Hears Oral Argument in O’Bannon v. NCAA

On March 17, 2015, a Ninth Circuit panel consisting of Chief Judge Sidley R. Thomas, Circuit Judge Jay S. Bybee and Senior U.S. District Judge Gordon J. Quist, of the Western District of Michigan heard oral argument in...more

March Madness: Trade Secrets Claims Block Billion Dollar Bracket

For those of us who revel in this time of year as amateur “bracketologists,” last year’s promise of the billion dollar bracket brought an added lottery-like level of fun to the NCAA basketball tournament. Even though the...more

All Bets Are Off: Employer Considerations for Workplace Gambling Policies

Did you make a wager on this year’s Super Bowl with a co-worker? Did you join the office NCAA tournament pool this year? The honest answer for many people is a resounding “yes.” Sports gambling is a big, and largely illegal,...more

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