News & Analysis as of

NCAA

Repeat After Me: College Athletes Are Not School Employees Under the FLSA

by Foley & Lardner LLP on

“Close some doors today. Not because of pride, incapacity or arrogance, but simply because they lead you nowhere.” This quote (attributed to Brazilian author Paulo Cuelho) comes to mind with last month’s filing of yet another...more

FBI Charges Based on Bribes Could Forecast a New Enforcement Priority for Universities

On September 26, the United States Attorney for the Southern District of New York announced criminal charges against ten individuals relating to a complicated system of bribe payments to the families of basketball recruits...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS - Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action - On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action - On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more

Dorsey Anti-Corruption Digest - October 2017

by Dorsey & Whitney LLP on

Sweden-based Telia Company AB has agreed to pay $965 million to settle Foreign Corrupt Practices Act (FCPA) charges with the Department of Justice (DOJ) and Securities and Exchange Commission (SEC). U.S. v. Telia Co., No....more

Class Action Filed Against NCAA And 20 Universities Alleging Student-Athletes With Scholarships Are Employees

by Jackson Lewis P.C. on

In the latest effort to argue that student athletes qualify as employees under the Fair Labor Standards Act (“FLSA”), a class action lawsuit was filed last week in a federal court in Pennsylvania against the National...more

It’s A Slam Dunk: Take Steps Now To Avoid Tough Lessons Learned By Several NCAA Basketball Programs

The recent indictment of at least 10 individuals associated with college basketball should alert every university, and many businesses, to the importance of operating strong ethics and compliance programs and conducting...more

Red Notice Newsletter - September 2017

ANTICORRUPTION DEVELOPMENTS - Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action - On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical...more

Tribute To Gogos – New Corruption Scandal In College Sports

by Thomas Fox on

October is my annual Classic Monster Movie month tribute. I recognize it is not yet October but I wanted to begin a bit early this year as September saw the passing of Basil Gogos. He was the prime illustrator for the...more

Compliance Lessons From Burner Phones

by Thomas Fox on

Hunter S. Thompson once said that when the going gets weird, the weird turn pro. It turns out that amateurs can get weird too. The University of Mississippi football program, which is under a self-imposed postseason ban and...more

Student-Athletes Seek $45M in Legal Fees and Costs in NCAA Scholarship Antitrust Lawsuit

by Foley & Lardner LLP on

On Wednesday, in a lawsuit brought by student-athletes claiming that the value of their scholarships was anti-competitively capped by NCAA rules, the student-athletes sought approval of nearly $45 million in attorneys' fees,...more

Title IX Compliance: NCAA Adopts Sexual Violence Prevention Policy

In August, a formal sexual violence prevention policy was adopted by the NCAA Board of Governors. College coaches, student-athletes, and athletics administrators must now complete education each year in sexual violence...more

Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims

by Jackson Walker on

When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....more

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

Eight United States Senators Implore NCAA To Adopt ‘Uniform Policy’ On Sexual Assault

by Jackson Lewis P.C. on

On the heels of the NCAA’s Board of Governor’s recent policy announcement requiring college coaches, athletics administrators and student-athletes to be educated in sexual violence prevention, eight United States Senators...more

New Sexual Violence Prevention Education Policy Adopted By National Collegiate Athletic Association

by Jackson Lewis P.C. on

Coaches, athletics administrators, and student-athletes must be educated in sexual violence prevention under a policy adopted by the National Collegiate Athletic Association (NCAA) Board of Governors on August 8, 2017....more

NCAA’s Statement On Student-Athlete Side Hustle Raises Questions

by Jackson Lewis P.C. on

University of Central Florida Kicker Donald De La Haye has been deemed ineligible because of compensation he earned from his YouTube videos. UCF submitted a waiver on behalf of De La Haye requesting that he remain eligible...more

New Research Likely To Lead To Increase Of Concussion Related Litigation

by Fraser Trebilcock on

As sports concussion awareness continues to gain national headlines, so too will concussion related litigation. A study published by the Journal of the American Medical Association made headlines recently for its findings...more

Mark Madness: Avoiding Trademark Landmines in College Sports

by Patrick Law Group, LLC on

Recently, the Washington Post reported on a Maryland high school’s thwarted attempt to expand its use of a green hornet mascot logo which resembles Georgia Tech’s famous “Buzz” mascot trademark. The Damascus Swarmin’ Hornets...more

From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

by Fisher Phillips on

As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an...more

University of Louisville COI Report

On June 15, 2017, the Division I Committee on Infractions (COI) found that the University of Louisville committed multiple recruiting violations involving adult entertainment and prostitution between December 2010 and July...more

Pacific Pro League To Provide Amateur Football Alternative, Glimpse Of Value Of College Athletes

by Jackson Lewis P.C. on

NFL agent Don Yee, longtime representative of Tom Brady, and a list of football notables including ESPN’s Adam Schefter and two-time Super Bowl winning coach Mike Shanahan intend to form the Pacific Pro Football League...more

NCAA Baseball Coach Fired After Only One Season Following Scholarship Controversy

by Jackson Lewis P.C. on

Alabama baseball coach Greg Goff was fired after one season at the helm of the Crimson Tide baseball program after a disappointing 19-34-1 overall record and a 5-24-1 record against Southeastern Conference...more

Is the NCAA Out of Bounds on Academics?

An ongoing controversy regarding fraud and academic dishonesty among student-athletes at the University of North Carolina at Chapel Hill (“UNC”) has brought to the forefront an important question: Who is responsible for...more

Leading Tax Counsel For College Athletes Advise They May Not Realize How Good They Now Have It

by Ropes & Gray LLP on

In this interview with the LEAD Association, tax partner Lorry Spitzer examines the tax implications of paying college athletes....more

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