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Anticipating the Play as the House Settlement Nears Approval

Former Division I student-athletes may soon hear the final whistle of the consolidated class action they brought against the National Collegiate Athletic Association (NCAA) and five of its conferences in 2020 to eliminate...more

Biden-Era Guidance on How Schools Analyze NIL Activity Under Title IX Rescinded

On Feb. 12, 2025, the Trump administration rescinded the Department of Education Office for Civil Rights’ guidance on how it planned to analyze name, image and likeness (NIL) activity under Title IX of the Education...more

Department of Education OCR Issues Guidance on How Schools Analyze NIL Activity Under Title IX

On Jan. 16, 2025, the Department of Education’s Office for Civil Rights (OCR) issued guidance regarding how it will analyze name, image and likeness (NIL) activity under Title IX of the Education Amendments of 1972. The...more

Department of Education Withdraws Proposed Rule Governing Participation on Athletic Teams Based on Gender Identity

On Dec. 26, 2024, the U.S. Department of Education withdrew its proposed rulemaking regarding the application of sex-related criteria to participation on athletic teams under Title IX....more

NLRB Dismisses Decertification Petition Because Union’s Disclaimer of Interest Effectively Mooted Employees’ Vote

Walgreens Boots Alliance d/b/a Walgreens Co. and Denise Bentley and United Food and Commercial Workers District Union Local One, case number 03-RD-321385, before the National Labor Relations Board Region 3....more

8/13/2024  /  NLRB , UFCW , Unfair Labor Practices , Unions

Third Circuit Intercepts NCAA’s Hail Mary Pass on Collegiate Athletes’ Employment Status

On July 11, 2024, the U.S. Court of Appeals for the Third Circuit issued its long-awaited decision in Johnson, et al. v. National Collegiate Athletic Association, et al., holding that college athletes may be employees under...more

NCAA Approves New NIL Disclosure and Transparency Rules for Division I Student-Athletes

The NCAA Division I Council recently adopted new rules on disclosure requirements for third-party name, image and likeness (NIL) agreements and voluntary registration for NIL service providers (sports agents, financial...more

Supreme Court Rules that District Courts Must Stay Proceedings Pending Interlocutory Appeals of Denials of Motions to Compel...

On June 23, 2023, the Supreme Court issued a decision in Coinbase, Inc. v. Bielski, No. 22-105, 2023 WL 4138983 (U.S. June 23, 2023), that will provide further protection for parties seeking arbitration. The issue presented...more

Student-Athlete Name, Image and Likeness Framework Continues to Evolve

In November 2022, McGuireWoods reported on the evolving framework surrounding student-athletes’ ability to profit from their names, images and likenesses (NIL). Recent developments have given new life to the NIL legal...more

Employers Face Six-Year Statute of Limitations for Criminal Background Check Claims

On Jan. 12, 2023, the U.S. District Court for the District of New Jersey held in Ramos v. WalMart, Inc. that Pennsylvania plaintiffs have up to six years to file claims against employers for improper use of criminal history...more

Student-Athlete Landscape Continues to Evolve at National and International Levels

The framework surrounding student-athletes’ ability to profit from their name, image and likeness (NIL) continues to evolve. Within the last several weeks, the National Collegiate Athletic Association (NCAA) issued additional...more

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