College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico
Game On: College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico
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
In this episode of “Lawyers With Game,” host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice, discusses the issues of college athletes being compensated for their name, image and likeness...more
On July 1, 2021, the National Collegiate Athletic Association (NCAA) officially changed its rules prohibiting college athletes from receiving benefits from their name, image, and likeness. ...more
Last year we wrote about the summary judgment decision in an MDL class action then pending in the U.S. District Court for the Central District of California, In re NCAA Athletic Grant-In-Aid Cap Antitrust Litigation. ...more
The National Collegiate Athletic Association (NCAA) and 11 of its member conferences are on trial in In Re: National Collegiate Athletic Association Grant-in-Aid Cap Antitrust Litigation (4:14-md-2541) to defend against...more
As an exciting weekend of college football kickoff games comes to a close, a trial that could fundamentally alter the landscape of collegiate athletics is just beginning. On September 4th, a bench trial began in the...more
On Oct. 3, 2016, the U.S. Supreme Court denied petitions for a writ of certiorari from both sides of the O’Bannon v. NCAA student-athlete pay case. As we previously reported, in August 2014 the U.S. District Court for...more
The lawsuit against the NCAA over whether Division I men’s basketball and football players can be compensated for the commercial use of their names, images and likenesses came to an abrupt end on Monday as the U.S. Supreme...more
Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more
On October 3, 2016, the Supreme Court of the United States denied certiorari requested in O’Bannon, et al. v. NCAA, et al., by both the plaintiffs (No. 15-1167) and the National Collegiate Athletic Association (NCAA) (No....more
The Supreme Court of the United States has denied both the NCAA’s and plaintiffs’ petitions for certiorari in the O’Bannon case. The parties had petitioned for review of the United States Court of Appeals for the Ninth...more
On March 15, 2016, plaintiffs in the O’Bannon case sought U.S. Supreme Court review of the United States Court of Appeals for the Ninth Circuit’s decision issued in September 2015. In that decision, the Ninth Circuit sided...more
In another blow to legal arguments that student-athletes should be paid as employees, the U.S. District Court for the Southern District of Indiana recently concluded that student-athletes at the University of Pennsylvania...more
Last week, a three-judge panel for the United States Court of Appeals for the Ninth Circuit voted 2-1 to deny the O’Bannon plaintiffs’ petition for a rehearing en banc of the Ninth Circuit’s September 30, 2015 decision on the...more
In O'Bannon v. NCAA, the Ninth Circuit held that NCAA regulations barring compensation to student-athletes are subject to antitrust scrutiny under the Sherman Act’s rule-of-reason analysis. The court upheld the district...more
On December 16, 2015, the Ninth Circuit Court of Appeals decided that it would not rehear its earlier decision in a high-profile case on payments that can be made to student-athletes. Nearly three months earlier, a panel of...more
The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX). In the...more
The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more
Everyone these days seems to think they are entitled to more money, from the United States Department of Labor (DOL) claiming that there really are no independent contractors to the thousands of United Automobile Workers...more
On September 30, 2015, the Ninth Circuit Court of Appeals affirmed, in part, a district court’s ruling that some of the National Collegiate Athletic Association’s (NCAA) compensation rules were unlawful restraints on trade in...more
The United States Court of Appeals for the Ninth Circuit issued its highly anticipated decision in the O’Bannon case on September 30, 2015. This case was an appeal of the United States District Court for the Northern District...more
As a lifelong Boise State University fan, and gamer who pre-ordered the EA Sports NCAA Football 2008 game (with Jared Zabransky on the cover), I was probably more excited than your average legal beagle to read last week’s...more
Yesterday, the Ninth Circuit ruled in the long awaited O’Bannon v. NCAA case, which challenged NCAA rules that bar student-athletes from “being paid for the use of their names, images, and likenesses” (NILs) – part of the...more
This morning, the 9th Circuit Court of Appeals ruled that the NCAA is subject to antitrust laws and that its payment rules are too restrictive in attempting to maintain amateurism. However, in what can only be deemed a...more