News & Analysis as of

NCAA

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

Eight United States Senators Implore NCAA To Adopt ‘Uniform Policy’ On Sexual Assault

by Jackson Lewis P.C. on

On the heels of the NCAA’s Board of Governor’s recent policy announcement requiring college coaches, athletics administrators and student-athletes to be educated in sexual violence prevention, eight United States Senators...more

New Sexual Violence Prevention Education Policy Adopted By National Collegiate Athletic Association

by Jackson Lewis P.C. on

Coaches, athletics administrators, and student-athletes must be educated in sexual violence prevention under a policy adopted by the National Collegiate Athletic Association (NCAA) Board of Governors on August 8, 2017....more

NCAA’s Statement On Student-Athlete Side Hustle Raises Questions

by Jackson Lewis P.C. on

University of Central Florida Kicker Donald De La Haye has been deemed ineligible because of compensation he earned from his YouTube videos. UCF submitted a waiver on behalf of De La Haye requesting that he remain eligible...more

New Research Likely To Lead To Increase Of Concussion Related Litigation

by Fraser Trebilcock on

As sports concussion awareness continues to gain national headlines, so too will concussion related litigation. A study published by the Journal of the American Medical Association made headlines recently for its findings...more

Mark Madness: Avoiding Trademark Landmines in College Sports

by Patrick Law Group, LLC on

Recently, the Washington Post reported on a Maryland high school’s thwarted attempt to expand its use of a green hornet mascot logo which resembles Georgia Tech’s famous “Buzz” mascot trademark. The Damascus Swarmin’ Hornets...more

From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

by Fisher Phillips on

As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an...more

Pacific Pro League To Provide Amateur Football Alternative, Glimpse Of Value Of College Athletes

by Jackson Lewis P.C. on

NFL agent Don Yee, longtime representative of Tom Brady, and a list of football notables including ESPN’s Adam Schefter and two-time Super Bowl winning coach Mike Shanahan intend to form the Pacific Pro Football League...more

NCAA Baseball Coach Fired After Only One Season Following Scholarship Controversy

by Jackson Lewis P.C. on

Alabama baseball coach Greg Goff was fired after one season at the helm of the Crimson Tide baseball program after a disappointing 19-34-1 overall record and a 5-24-1 record against Southeastern Conference...more

Is the NCAA Out of Bounds on Academics?

An ongoing controversy regarding fraud and academic dishonesty among student-athletes at the University of North Carolina at Chapel Hill (“UNC”) has brought to the forefront an important question: Who is responsible for...more

Leading Tax Counsel For College Athletes Advise They May Not Realize How Good They Now Have It

by Ropes & Gray LLP on

In this interview with the LEAD Association, tax partner Lorry Spitzer examines the tax implications of paying college athletes....more

"'Play' is Not 'Work'" – USC Football Player Loses FLSA Suit Seeking "Employee" Wages

by Baker Donelson on

Former University of Southern California football player Lamar Dawson's attempt to be declared an "employee" under the Fair Labor Standards Act (FLSA), so that he and a proposed class of Division I Football Bowl Subdivision...more

College Athletes (Still) Not Employees

by Sherman & Howard L.L.C. on

The District Court for the Northern District of California has weighed in on whether student athletes are “employees” under the law. On April 25, 2017, the Court dismissed a proposed class action brought by a former...more

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

by Fenwick & West LLP on

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more

NLRB General Counsel Takes a Stand: College Scholarship Football Players Are Employees Under the NLRA

by McGuireWoods LLP on

In a memorandum issued on January 31, 2017, the National Labor Relations Board’s General Counsel, Richard Griffin, provided a “guide for employers, labor unions, and employees that summarizes Board law regarding NLRA employee...more

NCAA To Address Historic Early Recruiting Legislation

by Jackson Lewis P.C. on

Landmark reform to restrict colleges’ aggressive early recruiting tactics of student-athletes is on the agenda at the National Collegiate Athletic Association Division I Council April 12-14 annual meeting....more

North Carolina’s Bathroom Law Gets Flushed: What Employers Need To Know

by Fisher Phillips on

Last week, North Carolina’s controversial “bathroom law” was repealed – but not without further controversy. When Governor Roy Cooper signed legislation repealing the law on March 29, 2017, many were upset that the law was...more

North Carolina Legislative Update, March, 2017 #3

by Brooks Pierce on

This week at the legislature, Senate confirmations continued as committees in both chambers received informational presentations and voted on bills. Confirmations - Senate committees are continuing the process of...more

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using...more

Remember – “March Madness” is a Trademark

We are in March. The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball’s national champion. Of these, many want to take advantage of the tournament to promote their...more

March Madness 2017: How to Avoid Fouling Out from an Employment Law Perspective

Across the country, sports fans are gearing up for their favorite seasonal competition: the NCAA “March Madness” tournament. Those with winning brackets can earn prizes ranging from neighborhood bragging rights, up to a...more

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

by FordHarrison on

The American Gaming Association estimates that Americans will bet a total of $10.4 billion on March Madness brackets, pools and contests this year, an increase of approximately 13% from last year. While estimates vary, some...more

March Madness for Employers: Embrace the Fun and Enjoy the Party?

by Nexsen Pruet, PLLC on

With the announcement of teams this week for the 2017 NCAA Men’s Basketball Tournament, there will be the inevitable dour reports that bracket filling, live streaming, and fun (or even higher stakes) wagering will cost...more

Does March Madness = Workplace Madness? Some Thoughts on the Legality of NCAA Bracket Pools, the Tournament’s Effect on the...

This time of year usually marks the sports netherworld between the Super Bowl and the NCAA Men’s Division I Basketball Tournament, which is better known as March Madness. This lull provides employers with an excellent...more

April Madness, the NCAA’s One Month Buffer?

We write a lot here about the scope and strength of trademark rights and how that determination is often intertwined to making intelligent likelihood of confusion determinations....more

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