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More States are Allowing College Athletes to Profit off Their Name, Image and Likeness

There's long been a controversy surrounding whether college athletes can make money off of their names, images, and likeness, or NIL....more

Are Student-Athletes Employees or Students? The NLRB General Counsel Issues Non-Binding Guidance

On September 29, 2021, the National Labor Relations Board’s (NLRB) new General Counsel issued a memorandum that student-athletes at private colleges and universities should be considered employees under the National Labor...more

Making the Roster: Conflicting Title IX Interpretations Present Challenges for Transgendered Athlete Participation

Nationwide, college athletic programs are facing a dilemma: can they roster transgendered athletes on teams that conform with their gender identity? The answer is: it depends on where the team is located....more

National Collegiate Athletic Association v. Alston

Supreme Court Sides with Student-Athletes in NCAA v. Alston, Expands Permissible Types of Compensation - On June 21, 2021, the United States Supreme Court unanimously found that NCAA rules blanketly prohibiting...more

Regrouping on Group Licensing

Regrouping on group licensing - Group licensing is off the table for now in the name, image and likeness debate. The most likely application of a group license, if it were in play, would be for jerseys, but proposed...more

The Latest on NIL: Updates to State and Federal Laws

Since our last advisory on Name, Image, and Likeness (NIL) laws was published, there have been a number of newly passed and proposed state and federal laws we would like to highlight....more

When a Stick Tastes Like a Carrot - Post-Employment Payouts for College Coaches

Post-employment payouts are a hallmark of college and university coaching contracts. In the case of a not-for-cause termination, the purpose of post-employment payments is to honor the payment terms of the contract and...more

Who can be Liable for Violation of the NYC Anti-Discrimination Laws? An Update

Plaintiffs in employment discrimination lawsuits have tried to sue in New York City because its anti-discrimination laws have been labelled the “most progressive in the nation.”...more

Identifying and Implementing Meaningful Cultural Change in College Athletic Departments

Black Lives Matter! The Killing of George Floyd! Taking a Knee! The current and historic legacy of discrimination based on race and gender is on the front pages of our papers and our digital news feeds. It also should be...more

Are You Ready to Comply With Evolving Name, Image and Likeness (NIL) Rules and Regulations?

Six states have enacted NIL legislation, another 27 states have proposed NIL legislation, the U.S. Congress has at least two bills proposed, the NAIA has enacted NIL rules, and in January 2021 the NCAA likely will endorse its...more

Evolving Private Company M&A Considerations in the COVID-19 Era

The virus that causes COVID-19 has ushered in unprecedented times for our country and our global community. Certainly, the pandemic is impacting the way M&A transactions are looked at, papered, implemented, and even priced....more

The New Name, Image and Likeness Playing Field for Colleges and Universities – What You Need to Know

Prior to 2015, student athletes were not permitted by NCAA rules to exploit commercially their name, image and likeness (“NIL”).  However, the decision that year in O’Bannon v. National Collegiate Athletic Ass’n, 802 F.3d...more

COVID Impact as a Standalone Indemnity in M&A Transactions

Introduction - The COVID virus has ushered in unprecedented and challenging times for our country and the global community. From the deeply personal pain and suffering caused by the virus as a health pandemic to behavioral...more

Court Partially Excuses Tenant’s Rent Obligations During COVID Shutdown

In the social and economic fallout from COVID, businesses are assessing how best to address their commercial relationships, especially where potentially insurmountable barriers to performance loom large. One clause that...more

COVID And M&A Earnouts What’s Market?

The COVID-19 virus has ushered in unprecedented and challenging times for our country and our global community.  From the deeply personal pain and suffering caused by the virus as a health pandemic to behavioral adjustments...more

Doing Deals In the COVID-19 Era: Renegotiating Price and Other Changes Before Closing

What does Victoria’s Secret reveal about the perilous nature of doing deals in a pandemic? In two words, buyer beware. On February 20, 2020, as the stock market roared to an all-time high, Sycamore Partners inked a $525...more

Ten Things You Need to Know About Force Majeure Now

In the social and economic fallout from the Coronavirus, businesses are assessing how best to address their commercial relationships, especially where potentially insurmountable barriers to performance loom large.  One clause...more

Investors Join the Game

Unable or unwilling to invest $20 billion or more on a professional sports league franchise? Have you thought about investing in esports? Now, sophisticated investors are looking at esports for, among other things, the...more

New York Court Declares Fantasy Sports Betting Unconstitutional

Interactive fantasy sports (“IFS”) is a growing industry. According to the Fantasy Sports Trade Association, Americans spend over $7 billion annually on IFS. And IFS’s appeal isn’t restricted to players—states like IFS for...more

G&S Litigation Victory - Alzheimer's Disease and Related Disorders Association, Inc. v. Alzheimer's Foundation of America

Marty Edel and Adam Safer secured a victory for the Alzheimer’s Foundation of America (“AFA”) in an action against it by the Alzheimer’s Disease and Related Disorders Association, Inc. (“Association”). ...more

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