News & Analysis as of

Alston v NCAA

Bricker Graydon LLP

What You Missed This Summer in Higher Ed Athletics - The House Settlement and Johnson Ruling  

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This summer brought significant legal and administrative changes to college athletics, reshaping the landscape for the upcoming academic year. Key court rulings, including the landmark House v. NCAA settlement, have mandated...more

Buchalter

A Brave New World(?) – A Closer Look at the Jaden Rashada NIL Litigation

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As many sports lawyers are aware, there have already been several examples of name, image, and likeliness (“NIL”) litigation throughout the country. In fact, we previously reviewed several groundbreaking cases which stood to...more

Robinson & Cole LLP

Legal Update: NCAA Athletes As Employees Of Their Schools Gains Momentum In Federal Court And The NLRB

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Introduction - In the past three years, groundbreaking legal and structural changes have shaken collegiate sports. In June 2021, a unanimous Supreme Court held in NCAA v. Alston, 594 U.S. 69 (2021), that the NCAA and some...more

Williams Mullen

Appellate Court Rules that NCAA Athletes May Qualify as Employees Under the Fair Labor Standards Act

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On July 11, the United States Court of Appeals for the Third Circuit (with appellate jurisdiction over federal courts in Delaware, New Jersey and Pennsylvania) issued a decision in Johnson v. National Collegiate Athletic...more

Parker Poe Adams & Bernstein LLP

Third Circuit Sets Test for Wage Payment to College Athletes

In its Alston decision in 2021, the U.S. Supreme Court ended the legal assumption that NCAA athletes were pure amateurs, exempt from a range of legal protections extended to workers. Since that decision, courts have faced a...more

Womble Bond Dickinson

South Carolina’s New NIL Law and What it Means for Collegiate Athletes in the State

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On Tuesday, May 21, 2024, South Carolina Governor Henry McMaster signed bill H. 4957 into law after it was approved unanimously by state lawmakers earlier in the year. Similar NIL (“Name, Image, and Likeness”) bills to H....more

BakerHostetler

No Offseason for the NCAA

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As students depart their college campuses for summer break, the NCAA has no such reprieve on the horizon. Over the past few weeks, the NCAA has settled questions pertaining to backpay for Name, Image, and Likeness (NIL) use...more

Flaster Greenberg PC

Name, Image, and Likeness Compensation for Student-Athletes: From the Playing Field to the Courthouse, Is the Ball Now in...

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For decades, student-athletes have asserted that colleges and universities have benefitted from their participation in collegiate athletics, while the student athletes themselves receive nothing in return. A college...more

BakerHostetler

Live Update #2 - ABA Antitrust Spring Meeting, Washington, D.C.

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The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these additional brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C. ...more

Kohrman Jackson & Krantz LLP

Student Athletes Secure Victory Over NCAA: Discussing the Future of NIL in Collegiate Athletics

In July 2021, the Supreme Court’s landmark decision in National Collegiate Athletic Association v. Alston secured student-athletes’ right to monetize their name, image, and likeness (or NIL). Before the landmark decision, the...more

Kaufman & Canoles

Tennessee and Virginia v. NCAA: The Wild(er) West of NIL in College Sports

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“The wild west” is by far the most frequent characterization used to describe college sports since NCAA v Alston, 141 S. Ct. 2141, paved the way for college athletes to be compensated for use of their Name, Image, and...more

Davis Wright Tremaine LLP

UPDATE: NLRB Continues Its Full-Court Press on Collegiate Athletics – Inside the Dartmouth Unionization Decision

UPDATE: The men's basketball team at Dartmouth voted Tuesday, March 5, to unionize – a first in college sports history. We wrote about the labor decision that led to Tuesday's union vote, as well as takeaways for private...more

Troutman Pepper

Tennessee and Virginia AGs File Antitrust Suit Against NCAA Over New NIL Policies

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On January 31, Tennessee Attorney General (AG) Jonathan Skrmetti, joined by Virginia AG Jason Miyares, filed suit against the NCAA in the U.S. District Court for the Eastern District of Tennessee for alleged violations of the...more

Cozen O'Connor

AGs Don’t Like NCAA’s Name-Image-Likeness Restrictions

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Tennessee AG Jonathan Skrmetti and Virginia AG Jason Miyares filed a lawsuit against the National Collegiate Athletic Association alleging that the organization’s restrictions on future student-athletes’ ability to...more

Kohrman Jackson & Krantz LLP

U.S. Department of Justice Sues the NCAA: When Will College Athletes Start being Paid?

To quote a popular singer from our college days, David Gray, “it’s all over bar the shoutin’” for the NCAA, colleges, and TV networks taking advantage of college athletes. Whether it’s further litigation, federal legislation,...more

Holland & Knight LLP

NCAA President's Proposal Resets the Playing Field

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With the College Football Playoff completed, the NCAA has reached an inflection point. After decades of austerity in providing benefits to student-athletes, NCAA President Charlie Baker recently sent a letter to Division I...more

Pillsbury Winthrop Shaw Pittman LLP

NCAA Proposes New Division I Subdivision Which Allows Universities to Directly Compensate Student-Athletes

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

K2 Integrity

Mitigating The Risks Of Introducing Name, Image, And Likeness Rights In College Athletics

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In the world of college athletics, the introduction of name, image, and likeness (NIL) rights on 1 July 2021 revolutionized the landscape for student-athletes, presenting new challenges and opportunities for student-athletes....more

McCarter & English, LLP

Recent Congressional Hearings Signal Major NIL Changes Are Coming

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University administrators, coaches, athletes and sports management agencies should all be aware of the emerging debate in the halls of Congress concerning the status of the name, image, likeness rule (NIL) and how this...more

BakerHostetler

Flag on the Play: NIL an Open Question for Athletes, Advertisers and Collectives

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In May 2022, Gervon Dexter signed a name, image and likeness (NIL) deal with Big League Advance Fund (BLA or the Fund). Under the terms of the agreement, the Fund agreed to pay Dexter a one-time fee of $436,485 in exchange...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

Foley & Lardner LLP

The NIL Presumption: Is the Newest NCAA Measure a Boon for Enforcement or the Next Front for Legal Challenge?

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The Name, Image, and Likeness (“NIL”) era of college sports has brought headlines, rumors, and dollar signs, but little in the way of NCAA enforcement. The NCAA’s seeming reluctance to take action against perceived violators...more

Bradley Arant Boult Cummings LLP

That Seems Presumptuous: NCAA’s Bylaw Changes Evidentiary Standard for NIL Infractions

Just under two years after the Supreme Court’s landmark decision in National Collegiate Athletic Association v. Shawne Alston, et al., which opened the door for college athletes to be compensated for the use of their name,...more

Kaufman & Canoles

Sports & Entertainment Client Alert - What to Watch for in 2023

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Following an eventful and evolving sports landscape in 2022, KaufCan Sports is keeping tabs on a number of noteworthy areas in the Sports Law world for 2023. From NCAA and its student-athletes to disruption in world golf to...more

Clark Hill PLC

Lessons to be Learned in Fashion and Apparel from 2022

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Name, Image, and Likeness Deals Are on the Rise - Name, Image, and Likeness (“NIL”) agreements, which allow an individuals’ name, image, and likeness to be used to market and sell branded apparel, footwear, and other consumer...more

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