We recently discussed a number of updates in the world of name, image and likeness (NIL) rights. Among those recent developments was the signing by Georgia Governor Brian Kemp of an executive order that, inter alia,...more
As 2024 comes to a close, permutations in the arena of name, image and likeness (NIL) impacting collegiate athletics continue unabated. Most prominently, Northern District of California District Judge Claudia Wilken...more
The National Collegiate Athletic Association (NCAA) has historically been afforded a wide berth to implement and enforce its rules under the auspices of protecting the “revered tradition of amateurism” in college athletics....more
The NCAA and five athletic conferences approved paying nearly $2.8 billion in retrospective name, image and likeness (NIL) compensation to settle three pending antitrust lawsuits.
The proposed settlement contemplates a...more
Developments in the world of name, image and likeness (NIL) rights continue to occur at an extremely swift pace. Within the last two weeks, Virginia amended its existing NIL laws to significantly strengthen student-athlete...more
Clemson University is challenging in court the Atlantic Coast Conference’s (ACC) financial exit fee and the scope of Clemson’s grant of its media rights to the ACC, each of which pose significant financial obstacles to...more
The Dartmouth Men’s Basketball Team voted 13-2 in favor of being represented by SEIU Local 560.
Dartmouth now has until March 12 to file objections to the election results....more
U.S. District Judge Clifton Corker issued an injunctive order prohibiting the NCAA from enforcing its name, image or likeness (NIL) rules to the extent those rules prohibit prospective or existing student-athletes from...more
3/6/2024
/ Antitrust Violations ,
Compensation ,
Contract Negotiations ,
Damages ,
Enforcement ,
Injunctions ,
Investigations ,
Name and Likeness ,
NCAA ,
Sherman Act ,
Student Athletes ,
Third-Party
Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more
The NCAA adopts name, image and likeness (NIL) legislation requiring disclosure of certain NIL deals, providing NCAA-developed NIL education and reference resources, and a voluntary registry of NIL service providers.
The...more
Member institutions should begin preparing in earnest for direct student-athlete compensation.
The NCAA president unexpectedly circulated a governance blueprint last week that would significantly alter existing Name, Image...more
12/15/2023
/ Alston v NCAA ,
Audits ,
Class Action ,
Compensation ,
Name and Likeness ,
NCAA ,
NLRB ,
SCOTUS ,
Student Athletes ,
Title IX ,
Trust Funds
The NCAA’s alternative adjudicative body, the Independent Accountability Resolution Process (IARP), determined that the apparel company sponsorship agreement did not make the company a booster.
Moving forward, apparel...more
Companies receiving agency-supported financing should implement anti-human trafficking compliance to avoid potential liability.
U.S. law creates corporate liability for foreign and domestic entities operating in the United...more
11/6/2018
/ Corporate Counsel ,
Corporate Liability ,
Corporate Social Responsibility ,
Criminal Liability ,
Extraterritoriality Rules ,
False Claims Act (FCA) ,
Forced Labor ,
Human Rights ,
Human Trafficking ,
OPIC ,
Policies and Procedures ,
Supply Chain