There's long been a controversy surrounding whether college athletes can make money off of their names, images, and likeness, or NIL....more
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
10/6/2021
/ Collective Bargaining ,
Colleges ,
Compensation ,
Educational Institutions ,
Employee Definition ,
Labor Reform ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
Unions ,
Universities
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
6/25/2021
/ Catholic Church ,
Compelling Governmental Interest ,
First Amendment ,
Free Exercise Clause ,
Fulton v Philadelphia ,
LGBTQ ,
Religious Institutions ,
SCOTUS ,
Strict Scrutiny Standard ,
Student Athletes ,
Transgender
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 -
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
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
4/6/2021
/ Agents ,
Compensation ,
Educational Institutions ,
Intellectual Property Protection ,
IP License ,
Legislative Agendas ,
Licensing Rights ,
Name and Likeness ,
New Legislation ,
Regulatory Agenda ,
Right of Publicity ,
Student Athletes
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
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
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
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
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
10/23/2020
/ CARES Act ,
Change of Ownership ,
Contract Terms ,
Coronavirus/COVID-19 ,
Corporate Sales Transactions ,
Disclosure Requirements ,
Infectious Diseases ,
Letters of Intent ,
Material Adverse Change Clauses (MACs) ,
Paycheck Protection Program (PPP) ,
Purchase Agreement ,
Representations and Warranties
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
10/15/2020
/ Antitrust Violations ,
Colleges ,
Coronavirus/COVID-19 ,
Endorsements ,
eSports ,
Infectious Diseases ,
Intellectual Property Protection ,
Legislative Agendas ,
Licensing Rights ,
Name and Likeness ,
NCAA ,
Online Platforms ,
Recruitment Policies ,
Regulatory Agenda ,
Sherman Act ,
Student Athletes ,
Universities
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
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
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
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
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
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
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
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