News & Analysis as of

Universities Sherman Act

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

Troutman Pepper

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

Troutman Pepper on

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

Kaufman & Canoles

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

Kaufman & Canoles on

“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

Jackson Lewis P.C.

Game Changer: States Unleash Legal Challenge Against NCAA’s Transfer Rule

Jackson Lewis P.C. on

The National Collegiate Athletic Association (NCAA) faces a new legal challenge as seven U.S. states have filed a federal lawsuit alleging the NCAA’s student-athlete transfer eligibility rule violates U.S. antitrust law....more

BakerHostetler

Federal Court Allows Price-Fixing Class Action to Proceed Against Universities

BakerHostetler on

​​​​​​​Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S....more

Patterson Belknap Webb & Tyler LLP

Illinois District Court Rules that Sherman Act Suit Against Top Universities Will Proceed

Recently Judge Matthew F. Kennelly of the Northern District of Illinois denied the motions to dismiss filed by 17 top private universities in a class action lawsuit accusing the universities of conspiring to fix prices by...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

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

June 2021: The Top 19 Labor And Employment Law Stories

Fisher Phillips on

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

Foster Garvey PC

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

Foster Garvey PC on

“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

Winstead PC

SCOTUS Sets Argument on Case with NIL Implications

Winstead PC on

An important development in the fast-changing landscape of intercollegiate athletics’ name, image, and likeness (NIL) rules may occur, when NCAA v. Alston is heard by the United States Supreme Court in March, with the Court’s...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

Jones Day

Antitrust Alert: DOJ Challenges "Anticompetitive" Trade Association Rules for College Admission - If a trade association rule...

Jones Day on

In December 2019, the Department of Justice Antitrust Division ("DOJ") settled charges that certain National Association for College Admission Counseling ("NACAC") rules governing college admissions were anticompetitive under...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is “Fair Pay to Play” Fair in College Sports? What California’s New Law Means for the Future of Amateur Athletics

On September 30, 2019, Governor Gavin Newsom signed California legislation - Senate Bill (SB) 206 - that would permit college student athletes to benefit financially (for example, from endorsement deals) from their names,...more

Skadden, Arps, Slate, Meagher & Flom LLP

No-Poach Update: DOJ Seeks to Rein In Franchise Suits

Evolving antitrust treatment of so-called “no-poach” agreements continues to offer important guidance for company counsel and human resources professionals. Over the past two years, the Department of Justice (DOJ) has...more

Shumaker, Loop & Kendrick, LLP

Trial in Landmark Student-Athlete Compensation Case Gets Underway

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

Patterson Belknap Webb & Tyler LLP

Third Circuit: On-Campus Residency Requirements Protected By State-Action Immunity Doctrine

In a recent decision, the Third Circuit held that a public university and its non-profit partner were immune from antitrust liability after the university enacted a student residency policy that benefitted on-campus...more

Proskauer - Minding Your Business

When are Universities and Executive Agencies “State Actors” for Antitrust Immunity?

More than fifty years ago, the Supreme Court formalized the “state-action antitrust immunity” doctrine - a judge-made rule that certain state governmental conduct is immune from challenge under the federal antitrust laws....more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Holds That NCAA’s Amateurism Rules Violate Section 1 of the Sherman Act

In a decision handed down on September 30th, the Ninth Circuit affirmed in part and reversed in part the District Court’s ruling that the NCAA’s “amateurism” rules unlawfully restrained trade in the market for certain...more

Stoel Rives LLP

NCAA Dodges Judicial Bullet in Federal Case Challenging Amateurism Rules

Stoel Rives LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

NCAA Play for Pay? Ninth Circuit Rules Antitrust Rule of Reason Does Not Require Payments for ‘Name, Image, or Likeness’

On September 30, 2015, the Ninth Circuit Court of Appeals upheld a lower court’s ruling that the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws. The Ninth Circuit panel...more

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