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Athletes and Political Speech: The Legal Landscape and Considerations for Employers

In February, the International Olympic Committee (IOC) disqualified Ukrainian skeleton athlete Vladyslav Heraskevych from the Milan Cortina Olympics for refusing to change his helmet honoring athletes who had died during...more

Chalk Talk: FTC Signals a Renewed Interest in Safeguarding Student Athletes Under SPARTA

Last month, the Federal Trade Commission (FTC) launched an inquiry into sports agent compliance with the Sports Agent Responsibility and Trust Act (SPARTA), a federal law aimed at protecting student athletes from deceptive...more

[Event] 12th Advertising Law Symposium - March 11th - 12th, Washington, DC

It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more

Chalk Talk: How Legal and Regulatory Change Will Transform U.S. Sports in 2026

As the U.S. sports industry continues to evolve at a rapid pace, 2026 is a pivotal year for legal and regulatory change. From federal Name, Image and Likeness (NIL) legislation and AI-driven intellectual property risks to...more

Retention Bonuses Are Not Wages Under Massachusetts Law

In a victory for employers, the Massachusetts Supreme Judicial Court (SJC) recently held that retention bonuses are not considered wages under the Massachusetts Wage Act and are not required to be paid to employees on the...more

Chalk Talk: Are NCAA Transfer Portal Rules a Violation of State Law Bans on Non-Competes?

Welcome to Chalk Talk, your legal playbook for the ever-evolving sports industry. Each month, our Sports Law team will draw up the X's and O's behind the legal, policy, and regulatory issues impacting your business. We'll...more

SCOTUS Agrees to Review State Bans on Transgender Athletes in Girls’ and Women’s School Sports

Just days after the University of Pennsylvania's settlement with the federal government, the U.S. Supreme Court agreed to hear two cases involving state transgender athlete bans of girls and women competing in school sports...more

Title IX and Transgender Athletes: Penn's Landmark Settlement and the Legal Implications

In early July, the University of Pennsylvania said it had reached a settlement with the U.S. Department of Education, resolving a federal investigation into Title IX violations based on transgender athlete participation in...more

Title IX Goes Head to Head with Antitrust: NCAA NIL Settlement Challenged by Female Student-Athletes in House v. NCAA

For anyone who thought an unprecedented $2.8 billion settlement agreement actually resolved one of the many murky issues of student-athlete compensation in college athletics —not so fast. On June 6, federal Judge Claudia...more

Trump Administration Sharpens Focus on Title IX: Joint DOJ-ED Special Investigations Team to Tackle "Gender Ideology"

Last month, the Departments of Justice (DOJ) and Education (ED) announced the creation of a joint Special Investigations Team (SIT) to streamline Title IX investigations....more

The “Kiss” of Death for Spanish Football: Lessons Learned on Sport Safeguarding and Labor Relations from the Jenni Hermoso Trial

On August 20, 2023, the Spanish national football team won the FIFA Women’s World Cup for the first time in history. As star forward Jenni Hermoso received her medal in front of thousands of fans, Luis Rubiales, then...more

Will Trump Executive Order Banning Transgender Women from Women's Sports Survive Legal Challenges?

On February 5, President Trump signed an executive order (EO) that aims to ban transgender women from participating in women's and girls' sports. This is the fourth order concerning transgender people that Trump has signed...more

Johnson v. NCAA: Student-Athlete Employment Status in the Second Trump Administration

As previously reported here, on July 11, 2024, the U.S. Court of Appeals for the Third Circuit (the Third Circuit) ruled that collegiate student athletes could theoretically be considered employees of their respective...more

From Junior College to the Sherman Act: How One Vanderbilt Quarterback May Have Changed the NCAA Forever

On December 18, the National Collegiate Athletic Association (NCAA) once again found itself on the losing end of a federal court opinion that could alter the landscape of collegiate athletics....more

The NLRB's Race to Turn Student Athletes into Employees Faces Its Next Hurdle - A Change in Administration

We previously reported that the National Labor Relations Board (NLRB) heard a complaint earlier this year against the NCAA, the University of Southern California, and the Pac-12 Conference for failing to classify student...more

FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge

This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to...more

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more

SCOTUS Confirms NLRB Not Entitled to Deferential Standard for Preliminary Injunctions

In Starbucks Corp. v. McKinney, 602 U.S. ____ (2024) (hereafter, "Starbucks"), the U.S. Supreme Court (SCOTUS) recently resolved a circuit split to clarify that if the National Labor Relations Board (the Board) seeks a...more

More Money, More Problems for Collegiate Athletics?

The ball keeps rolling on potentially big compensation for college athletes. In a landmark proposed settlement (Settlement), the National College Athletics Association (NCAA) and the Atlantic Coast Conference, Big Ten...more

Game Changer: NLRB Rules College Basketball Players Are Employees and Can Unionize

For years now, the tide of college athletics has been shifting toward student-athlete representation and empowerment. Now, in what might become a landmark decision, a regional director for the National Labor Relations Board...more

What Is Concerted Activity? The NLRA Again Alters the Parameters of Concerted Activity, Creating Uncertainty for Employers

Employers are confronting yet another expansion of what constitutes protected employee concerted activity under Section 7 of the National Labor Relations Act (NLRA). As employers well know, Section 7 guarantees employees "the...more

The Future of Race in Higher Education Admissions

On June 29, 2023, in a 6-3 decision along ideological lines, the Supreme Court drastically altered college admissions by ruling that affirmative action admissions practices violated the Equal Protection Clause of the...more

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more

NLRB Floods Noah's Ark Decision with Additional Remedies for Egregious Violators

On April 20, 2023, the National Labor Relations Board ("NLRB" or the "Board") issued a decision in Noah's Ark Processors, LLC d/b/a WR Reserve, 372 NLRB No. 80 (2023) in which it announced a non-exhaustive list of remedies...more

Watch Your Tail: Will the FTC's Proposed Ban of Non-Compete Agreements Affect Fee Tail Agreements in the Sports Industry and...

As we previously discussed, the Federal Trade Commission (FTC) has proposed a rule that, if enacted, would result in a nearly complete nationwide ban on employers' use of non-compete agreements. The rule has passed through...more

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