Tiffany Lipscomb-Jackson at Jones Day

Playing by New Rules: Ten Considerations for Universities Implementing NIL Policies

On July 1, 2021, the NCAA's interim policy on NIL activities took effect, opening the door for student-athletes at universities across the country to earn income from endorsements, personal appearances, camps and clinics, and...more

7/21/2021 / Colleges , Compensation , Name and Likeness , NCAA , Right of Publicity , Student Athletes , Universities

Supreme Court Prohibits NCAA From Restraining Student-Athlete "Education-Related" Benefits, but Recognizes Flexibility

The U.S. Supreme Court unanimously ruled in National Collegiate Athletic Association v. Alston that, under the antitrust laws, the NCAA may not impose national rules limiting student-athletes from receiving...more

6/23/2021 / Alston v NCAA , Antitrust Violations , College Athletes , NCAA , Restraint of Trade , SCOTUS , Sherman Act

Snap Removal After Texas Brine: Considerations for Forum Defendants in the Fifth Circuit

The Situation: Defendants sued in state court are making use of a procedural technique known as "snap removal" to get otherwise non-removable cases into federal court. Snap removal takes advantage of the plain language of the...more

9/14/2020 / Congressional Intent , Forum Defendant Rule , Fraudulent Joinder , Removal , Statutory Interpretation

Emerging Testing Technologies Offer Potentially Significant Improvements for COVID-19 Screening Programs

The Situation: New COVID-19 testing technologies may provide for more reliable and less invasive options for use in COVID-19 screening programs by employers and others. The Action: The U.S. Food and Drug Administration...more

8/19/2020 / Centers for Disease Control and Prevention (CDC) , Coronavirus/COVID-19 , Emergency Use Authorization (EUA) , Employer Liability Issues , Equal Employment Opportunity Commission (EEOC) , Food and Drug Administration (FDA) , Re-Opening Guidelines , Screening Procedures , Virus Testing , Workplace Safety

Avoiding Price-Gouging Pitfalls While Navigating Price Increases in the Era of COVID-19

As COVID-19 continues to impact communities across the country—causing many state and local authorities to extend (or reinstate) emergency orders and other pricing restrictions—the road companies must travel to implement...more

8/18/2020 / Antitrust Provisions , Antitrust Violations , Coronavirus/COVID-19 , Goods or Services , Price Gouging , Price Inflation , State Attorneys General , State of Emergency , Supply Chain , Unfair or Deceptive Trade Practices

COVID-19 Waivers: The Benefits and the Pitfalls

When properly employed, liability waivers—contractual provisions by which one party agrees to relinquish the right to recover for certain injuries—can be an effective means of minimizing the risks arising from the...more

7/6/2020 / Centers for Disease Control and Prevention (CDC) , Coronavirus/COVID-19 , Employee Benefits , Employer Liability Issues , Health and Safety , Infectious Diseases , Policies and Procedures , Public Health , Workplace Safety

Current Trends: Discovery of Electronically Stored Information on Mobile Devices and Social Media

The rise of mobile technology and the pervasiveness of social media have introduced new questions regarding a corporation's preservation responsibilities pertaining to electronically stored information ("ESI") and to its...more

6/4/2019 / Data Preservation , Discovery , e-Discovery Professionals , Electronically Stored Information , Information Governance , Legal Project Management

The Cost of Doing Business: Supreme Court Vacates Chinese Defendants' Antitrust Win

The Situation: In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the defendants in an anticompetition matter—who were China-based manufacturers of vitamin C—claimed that Chinese law required them to...more

6/27/2018 / Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd , Antitrust Violations , Application of Foreign Laws , China , Comity , Exports , FRCP Rule 44.1 , Judicial Deference , Price-Fixing , Question of Law , Reversal , SCOTUS , Sherman Act

Tiffany Lipscomb-Jackson

Jones Day

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