Earlier this month, firm Associate Will Palmer attended the 49^th Annual Sports Lawyers Association conference in Baltimore, MD. In addition to networking with plenty of amazing sports lawyers, risk management, and sports industry professionals, Will walked away with several valuable insights on current legal issues affecting the sports industry. Here are his top 5 takeaways from the conference, featuring some highlights of recent breaking news. 

1. The survival of the NCAA: The NCAA is fighting a multi-front war, but the House v NCAA Settlement may have sparked new hope for all parties. The NCAA has struggled to maintain ground, suffering judicial and legislative losses on the state and federal level, since the dawn of the NIL era post-Alston. Yet, suggestions that we are nearing the death of the NCAA are likely premature. On one hand, there are several bills pending in Congress that appear to offer refuge to the NCAA and a standardized approach for NIL rights and regulations. Some of those bills even going so far as contemplating an anti-trust exemption for college sports. On the other hand, the NCAA may have negotiated, and paid for, its own relief in the House settlement. While some of the details have yet to be released, all reports appear to suggest the settlement will usher in major changes to the college sports model, particularly those incorporating broadcast revenue sharing for college athletes, often referred to as Broadcast NIL (B-NIL) rights. Either way, the NCAA will likely live to fight another day.
2. A workaround for student athlete employment:  The success of the Dartmouth Men’s Basketball unionization efforts is arguably a harbinger for the eventual determination that student athletes are employees of their schools, conferences, the NCAA, or all of the above. However, the remainder of the pending matters addressing athlete employment have curiously stalled out. Shockingly, we have not received results from Johnson v NCAA, and it remains unclear whether the pending USC NLRB matter will lead to a joint employer determination. While these options are on hold, a secret third option has emerged: collective bargaining without employment status. While collective bargaining typically occurs in the employment context, it is not limited to employees. As such, there is an emerging movement for college athletes in their current non-employee status to join organizations like the College Football Players Association (CFPA) and engage in collective bargaining with the NCAA, the conferences, and universities. This could ultimately provide a valuable middle ground that avoids the need for employment status all together.
3. Sports and the Streaming Era: The growing population of cord cutters, cord shavers, and the newest generation of cord nevers have created a demand for sports media and broadcasting to embrace the streaming era. The success of Amazon Prime’s Thursday NFL night broadcast, NBC- Peacock’s NFL playoff game, Apple TV’s MLB and MLS coverage, and Netflix’s newly acquired NFL Christmas broadcast have all established a foundation for future broadcast and licensing agreements for streaming services. However, it is still unclear whether these new streaming deals will trigger a complete migration away from traditional cable broadcasting as old viewing habits tend to die hard.
4. The unsung heroes of the Olympics: As the summer Olympics rapidly approach the unsung hero of many international sport events, the Court of Arbitration for Sports Ad Hoc Division is preparing for the trip to Paris. While many disputes and controversies surrounding international sporting events can be anticipated and litigated before the event, many cannot. The CAS Ad Hoc Division will be onsite in Paris to provide real time arbitration and dispute resolution to ensure this year’s Olympians do not miss out on their opportunity to compete
5. Affirmative Action, Reverse Discrimination, and Sports: After the Supreme Court’s opinion in Students for Fair Admissions v Harvard limited race-based affirmative action programs in college admission, several industries have reflexively pulled back progressive DEI, affirmative action, and cultural awareness initiatives. Nonetheless, diversity continues to be a valued element of the sports industry. While Students for Fair Admissions’s effects on the recruitment of college athletes remains to be seen, it is clear that most leagues and franchises are working to preserve their DEI programs and diversify hiring through standards like the Rooney Rule across all major sports.