On April 21, the Division I Board of Directors (Board) greenlit major National Collegiate Athletic Association (NCAA) rule changes that are contingent on court approval of the $2.8 billion House v. NCAA settlement. If the...more
4/24/2025
/ College Athletes ,
Compensation ,
Educational Institutions ,
Eligibility ,
Enforcement ,
Intellectual Property Protection ,
Name and Likeness ,
NCAA ,
New Rules ,
Settlement ,
Sports ,
Student Athletes
With the final approval hearing for the House settlement before Judge Wilken in the Northern District of California set for April 7, the state of South Dakota has continued its battle to prevent that settlement from getting...more
4/2/2025
/ Compensation & Benefits ,
Constitutional Challenges ,
Damages ,
Educational Institutions ,
Intellectual Property Protection ,
Litigation Strategies ,
Name and Likeness ,
NCAA ,
Preliminary Injunctions ,
Settlement ,
State Constitutions ,
Student Athletes ,
Universities
Join Troutman Pepper Locke Partner Brett Mason for a podcast series analyzing the intersection of artificial intelligence (AI), health care, and the law.
In this episode of The Good Bot, Brett Mason and attorneys Michael S....more
The National Collegiate Athletic Association’s (NCAA) name, image, and likeness (NIL) recruiting restrictions, referred to as the “NIL recruiting ban,” are about to become a thing of the past....more
3/24/2025
/ College Athletes ,
Compensation & Benefits ,
Educational Institutions ,
Enforcement Actions ,
Injunctive Relief ,
Intellectual Property Protection ,
Name and Likeness ,
NCAA ,
Regulatory Reform ,
Sports ,
State Attorneys General ,
Student Athletes
2025 is already shaping up to be an active year for False Claims Act (FCA) litigation. With the recent announcements of executive orders that may expand the FCA as an enforcement tool, as discussed in a recent Troutman Pepper...more
How NCAA Division I conferences choose to deal with the implications of the House, et al., v. NCAA, et al. settlement, and in particular the revenue-sharing mechanism known as the “pool,” has been the subject of much...more
One day after President Donald Trump's inauguration, on January 21, Trump issued Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO 14173). In the text of EO 14173, Trump...more
3/14/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement Guidance ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Regulatory Reform ,
Relators ,
Trump Administration ,
Whistleblowers
Recently, the U.S. District Court for the Middle District of Georgia denied a request from a D-1 baseball player for a temporary restraining order (TRO) against the NCAA related to his eligibility, as well as a preliminary...more
Six former East Mississippi Community College football players who appeared in the documentary series Last Chance U have sued the school, Netflix, the National Junior College Athletic Association (NJCAA), and the...more
2/27/2025
/ Colleges ,
Compensation & Benefits ,
Copyright Infringement ,
Damages ,
Defamation ,
Entertainment Industry ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Name and Likeness ,
NCAA ,
Netflix ,
Regulatory Violations ,
Student Athletes ,
Television Shows
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state...more
The U.S. Department of Justice (DOJ) and 18 state attorneys general (AG) announced a settlement with Boston-based QOL Medical, LLC (QOL) and its CEO, Frederick Cooper, to resolve allegations that the company provided unlawful...more
2/13/2025
/ Anti-Kickback Statute ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Fraud ,
Medicaid ,
Pharmaceutical Industry ,
State Attorneys General ,
Whistleblowers
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
2/13/2025
/ Antitrust Litigation ,
Antitrust Violations ,
Educational Institutions ,
Enforcement Actions ,
Name and Likeness ,
NCAA ,
Preliminary Injunctions ,
Recruitment Policies ,
Settlement ,
Sherman Act ,
State Attorneys General ,
Student Athletes
After two and a half years, Coinbase, Inc. (Coinbase) and other crypto market participants may finally get an answer for why the Securities and Exchange Commission (SEC) has declined to promulgate rules clarifying how and...more
2/4/2025
/ Administrative Procedure Act ,
Appeals ,
Coinbase ,
Corporate Counsel ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Financial Services Industry ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
In the latest episode of The Crypto Exchange, host Ethan Ostroff is joined by colleagues Brett Broczkowski and Mike Lowe to discuss the intersection of crime and cryptocurrency, with a focus on the challenges financial...more
Gone are the days when state attorneys general leave antitrust enforcement to their federal counterparts at the Federal Trade Commission or the U.S. Department of Justice Antitrust Division.
Originally published in Law360...more
On September 30, 2024, Judge Kathryn Kimball Mizelle held that the qui tam provision of the FCA violates the Appointments Clause of the United States Constitution because False Claims Act (“FCA”) relators are acting as...more
On September 30, Judge Kathryn Kimball Mizelle held that the qui tam provision of the False Claims Act (FCA) violates the Appointments Clause of the U.S. Constitution because FCA relators are acting as “officers of the U.S.”...more
10/9/2024
/ Amended Complaints ,
Appointments Clause ,
Constitutional Challenges ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Rule 12(b)(1) ,
Federal Rule 12(b)(6) ,
Health Care Providers ,
Jurisdiction ,
Motion to Dismiss ,
Qui Tam ,
Relators
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state...more
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state...more
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state...more
On February 13, the U.S. Attorney’s Office (USAO) for the Southern District of New York (SDNY) announced a pilot program through which whistleblowers who voluntarily self-disclose criminal conduct relating to public or...more
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
3/5/2024
/ Athletes ,
College Athletes ,
Compensation & Benefits ,
Intellectual Property Protection ,
Name and Likeness ,
NCAA ,
Oregon ,
Proposed Legislation ,
Regulatory Agenda ,
Right of Publicity ,
Student Athletes
The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state...more
On February 23, U.S. District Judge Clifton L. Corker of the Eastern District of Tennessee, issued an opinion and order granting the Tennessee and Virginia attorneys generals’ (AG) request for a preliminary injunction...more
2/29/2024
/ College Athletes ,
Colleges ,
Compensation & Benefits ,
Name and Likeness ,
NCAA ,
Preliminary Injunctions ,
Recruitment Policies ,
Sherman Act ,
Sports ,
State Attorneys General ,
Student Athletes ,
TRO
The Department of Justice’s (DOJ) conduct since announcing its February 22, 2023, Voluntary Self Disclosure (VSD) policy, demonstrates that the government continues to place a premium on corporate cooperation in both criminal...more