News & Analysis as of

Sherman Act Name and Likeness Antitrust Violations

Troutman Pepper Locke

Elad v. NCAA – Former JUCO Player Demonstrates Likelihood of Success in Antitrust Suit Challenging NCAA’s JUCO Rule

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On April 25, U.S. District Judge Zahid N. Quraishi ordered the NCAA not to enforce its Five-Year Rule against Rutgers University cornerback Jett Elad. The impact of name, image, and likeness (NIL) agreements on the new world...more

Cozen O'Connor

NCAA Agrees to Ban on NIL Restrictions

Cozen O'Connor on

A bipartisan coalition of five AGs reached a final settlement with the National Collegiate Athletic Association (NCAA) to resolve allegations that the organization’s restrictions on future student-athletes’ ability to...more

Troutman Pepper Locke

Latest NCAA Settlement Directly Targets NIL-Recruiting Ban

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On January 31, the attorney general (AG) for the state of Tennessee and the attorney general for the Commonwealth of Virginia announced that they had reached an agreement in principle with the National Collegiate Athletics...more

Cozen O'Connor

NCAA Agrees to Stop Imposing Name, Image, & Likeness Restrictions

Cozen O'Connor on

A bipartisan coalition of 5 AGs reached a settlement with the National Collegiate Athletic Association (NCAA) to resolve allegations that the organization’s restrictions on future student-athletes’ ability to commercially use...more

Poyner Spruill LLP

Judge Rules NCAA Bylaw on Eligibility Likely Violates the Sherman Antitrust Act

Poyner Spruill LLP on

Athletic departments at NCAA member institutions must now consider whether their student-athletes who transferred from non-NCAA schools are eligible to play another season of college sports....more

Balch & Bingham LLP

In ‘Case’ You Missed It: NCAA Faces Mounting Antitrust Challenges Over NIL Rules

Balch & Bingham LLP on

In “Case” You Missed It is a Yellowhammer News column by Balch & Bingham attorney Tripp DeMoss that briefly summarizes a recently issued decision by higher courts like the U.S. Supreme Court and Alabama Supreme Court in cases...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Cozen O'Connor

Additional AGs Join Lawsuit Against NCAA Alleging Antitrust Violations

Cozen O'Connor on

D.C. AG Brian Schwalb, Florida AG Ashley Moody, and New York AG Letitia James have joined a lawsuit brought by Tennessee AG Jonathan Skrmetti and Virginia AG Jason Miyares against the National Collegiate Athletic Association...more

Troutman Pepper Locke

Florida, New York, and the District of Columbia Join NCAA Antitrust Lawsuit

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On Wednesday, attorneys general (AG) for the states of Florida, New York, and the District of Columbia announced that they are joining Tennessee and Virginia in a multistate coalition challenging the National Collegiate...more

BakerHostetler

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

BakerHostetler on

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

Pillsbury Winthrop Shaw Pittman LLP

Another Brick in the Wall: NCAA Enjoined from Enforcing NIL Rules Prohibiting Student-Athletes from Negotiating with Third Parties

U.S. District Judge Clifton Corker issued an injunctive order prohibiting the NCAA from enforcing its name, image or likeness (NIL) rules to the extent those rules prohibit prospective or existing student-athletes from...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

Troutman Pepper Locke

Transfer of Power: Federal Court Temporarily Blocks the NCAA's Transfer Eligibility Rules

Troutman Pepper Locke on

On December 13, a West Virginia federal judge placed a temporary hold on an NCAA rule (NCAA Division I Bylaw 14.5.5.1) requiring certain student-athletes who transferred schools to wait a year before competing in games. This...more

Winstead PC

An In-Depth Summary and Analysis of the Important Alston Decision

Winstead PC on

On June 21, 2021, the United States Supreme Court (“SCOTUS”) released its highly anticipated opinion in NCAA v. Alston. SCOTUS unanimously upheld the rulings by the United States District Court for the Northern District of...more

Saul Ewing LLP

College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico

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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

Bracewell LLP

A Picture Is Worth a Thousand Words—and Maybe a Thousand Bucks Too, According to the NCAA

Bracewell LLP on

The NCAA has implemented a blockbuster temporary policy allowing college athletes to be paid for the use of their name, image, and likeness (NIL). This reversal of the NCAA’s long-standing ban against compensation to college...more

Foster Garvey PC

Sports & Entertainment Spotlight: Why the risks of holding the Tokyo Summer Olympic Game remain high, and how PGA Tour golfer...

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Strange as it may be, with vast majority of the world still reeling from the COVID-19 pandemic, we are on the eve of the opening ceremony for the “2020” Tokyo Summer Olympics. Olympic games in “normal” times are logistical...more

Rumberger | Kirk

College Athletes Should Proceed with Caution When Offered an Endorsement Deal Under New NIL Bill

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Following a unanimous ground-breaking decision delivered by the U.S. Supreme Court in NCAA v. Alston, effective July 1, 2021, the NCAA adopted an interim Name, Image and Likeness (“NIL”) policy, which set off broad NIL...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Hogan Lovells

What the NCAA’s 9-0 loss means for college sports

Hogan Lovells on

Just days ago, in NCAA v. Alston, the Supreme Court unanimously ruled that the NCAA may place no limits on “education-related” benefits to student-athletes. Siding with current and former student-athlete plaintiffs, the Court...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Saul Ewing LLP

Game On: College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico

Saul Ewing LLP on

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

Fisher Phillips

Student-Athletes Win This Tournament Round: The Supreme Court Issues a Unanimous Decision Against the NCAA on Benefits Issue

Fisher Phillips on

By a 9-0 vote, the U.S. Supreme Court yesterday ruled in favor of student-athletes on the NCAA rules restricting education-related benefits given to athletes. However, while the ruling in yesterday​​​​​​​’s NCAA v. Alston...more

Goulston & Storrs PC

The New Name, Image and Likeness Playing Field for Colleges and Universities – What You Need to Know

Goulston & Storrs PC on

Prior to 2015, student athletes were not permitted by NCAA rules to exploit commercially their name, image and likeness (“NIL”).  However, the decision that year in O’Bannon v. National Collegiate Athletic Ass’n, 802 F.3d...more

Robins Kaplan LLP

O’Bannon And Alternative Forms Of Injunctive Relief

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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

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