News & Analysis as of

Proposed Legislation College Athletes

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 5, May 2024

Welcome to summer and the fifth issue of The Academic Advisor for 2024 - In this issue, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: ...more

Troutman Pepper

NILAR: Oregon's New Bill Changes the Name of the Game

Troutman Pepper on

On February 14, the Oregon House of Representatives passed a bill amending the state’s law regarding name, image, and likeness (NIL). If the bill (HB 4119) passes through the state Senate, it would prohibit the NCAA, athletic...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2024 #4

Kaufman & Canoles on

The first person charged for violating a 2020 law that forbids conspiracies to taint international sports events through performance-enhancing drugs received a three-month prison sentence. Federal prosecutors used the...more

Littler

Highlights of the Federal Proposals to Regulate NIL Deals

Littler on

The 2023 college football season ended in early January, and sports fans are eagerly anticipating the start of college basketball’s March Madness. Many are also anxious about the future of college sports, given the non-stop...more

Jackson Lewis P.C.

New Bi-Partisan Draft Legislation on Name, Image and Likeness: The College Athletes Protection & Compensation Act

Jackson Lewis P.C. on

An uncommon combination of three U.S. Senators, Sens. Richard Blumenthal (D-Conn), Jerry Moran (R-Kan.) and Cory Booker (D-NJ), collaborated to draft “The College Athletes Protection & Compensation Act” (the Act), which is...more

Bradley Arant Boult Cummings LLP

Another Federal NIL Bill on the Horizon: Analyzing the Draft College Athlete Protection and Compensation Act

A trio of senators have joined the list of federal lawmakers circulating drafts of federal college name, image, and likeness (NIL) bills. This time, Sens. Richard Blumenthal (D-CT), Jerry Moran (R-KS), and Cory Booker (D-NJ)...more

Bradley Arant Boult Cummings LLP

NIL Tug of War: Evolving State NIL Laws and the Prospects of a Federal NIL Bill

Earlier this month, prominent figures in the realm of college sports gathered on Capitol Hill to advocate for federal name, image, and likeness (NIL) legislation. Currently, one NIL bill has been introduced in the House, and...more

Bradley Arant Boult Cummings LLP

What to Expect When You’re Expecting: An Overview of the Proposed Federal NIL Bill

A sneak peek into the potential future of federal name, image, and likeness (NIL) regulations has emerged with the release of a draft bill. This development marks the first significant step towards a federal NIL law since the...more

Rumberger | Kirk

Let’s Make a NIL Deal Part I: The Type of Deal Depends on the Athlete’s State Law or Institution

Rumberger | Kirk on

Less than a year ago, the NCAA removed a number of limitations on student-athletes’ ability to earn compensation while in college/university through an interim name, image, and likeness (NIL) policy.  In the short timeframe...more

Bradley Arant Boult Cummings LLP

Alabama and Florida Call an Audible on NIL Laws

While still relatively new, the laws and rule changes allowing college athletes to profit from use of their name, image, and likeness (NIL) have already had dramatic impacts on the landscape of college athletics. On June 30,...more

Jackson Lewis P.C.

Bipartisan Federal Legislation Introduced to Drastically Modify NCAA’s Current Infractions Process

Jackson Lewis P.C. on

A little more than two years ago, James Wiseman was the University of Memphis’ prize recruit expected to lead that school back to the Final Four. Now, following his very limited college career that was plagued by allegations...more

CDF Labor Law LLP

Not All Fun and Games? College Athletes May Soon Drive a Hard Bargain With Union Support

CDF Labor Law LLP on

On May 27, 2021, Sens. Bernie Sanders (I-Vt.) and Chris Murphy (D-Conn.) introduced the College Athlete Right to Organize Act seeking to provide collective bargaining rights for college athletes. ...more

Jackson Lewis P.C.

New Federal Legislation Proposal Authorizes Student-Athletes To Unionize

Jackson Lewis P.C. on

A group of Democratic U.S. Senators, led by Senator Chris Murphy (D-Conn.) and Senator Bernie Sanders (D-Vt.) have introduced the College Athlete Right to Organize Act. The proposed legislation would amend the National Labor...more

Jackson Lewis P.C.

State Name, Image, And Likeness Laws With July 1st Effective Dates Continue To Grow

Jackson Lewis P.C. on

The race to enact Name, Image and Likeness (NIL) legislation moves forward on a state-by-state basis while the NCAA continues to hold its promised formal NIL legislation in abeyance while awaiting one of several federal...more

BCLP

The Application of the Antitrust Laws to Joint Ventures to Be Considered by the Supreme Court

BCLP on

Joint venture analysis remains an area of confusion in antitrust law. Courts have tended to elevate form over substance, misapply economic principles, and lose focus of the basic purposes of the antitrust laws, i.e.,...more

Jackson Lewis P.C.

Bipartisan Name, Image, Likeness Bill Introduced In Congress

Jackson Lewis P.C. on

Legislation that would protect the rights of student-athletes to receive financial benefits from the commercial use of their name, image, and likeness (NIL), while prohibiting athletic associations, like the NCAA and colleges...more

Jackson Lewis P.C.

Senators To Introduce Additional Federal Legislation Regarding Collegiate Student-Athletes

Jackson Lewis P.C. on

For the second time in a little more than a month, Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker have announced plans to introduce additional federal legislation impacting collegiate...more

Miller Canfield

Michigan Introduces Legislation to Permit Likeness/Image Compensation for Student Athletes

Miller Canfield on

The Michigan House of Representatives introduced legislation that would allow college athletes to receive compensation for the use of their name, image, likeness rights or athletic reputation. Michigan House Bill No. 5217...more

Sheppard Mullin Richter & Hampton LLP

Faces and Names: Modern Issues in Athlete Publicity Licensing

California Senate Bill 206, the “Fair Pay to Play Act,” was amended again last month, and is making its way through the legislature under sponsorship by Sen. Nancy Skinner-D and Sen. Steven Bradford-D. If passed, the new law...more

Jackson Lewis P.C.

California Bill Would Allow College Athletes To Keep Amateur Status While Securing Marketing Opportunities

Jackson Lewis P.C. on

The opportunity for college level student-athletes in California to take advantage of potential marketing opportunities while still maintaining their amateur status could soon become a reality. A report from the National...more

Manatt, Phelps & Phillips, LLP

NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor...more

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