News & Analysis as of

Alston v NCAA NCAA College Athletes

Buchalter

A Brave New World(?) – A Closer Look at the Jaden Rashada NIL Litigation

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As many sports lawyers are aware, there have already been several examples of name, image, and likeliness (“NIL”) litigation throughout the country. In fact, we previously reviewed several groundbreaking cases which stood to...more

Robinson & Cole LLP

Legal Update: NCAA Athletes As Employees Of Their Schools Gains Momentum In Federal Court And The NLRB

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Introduction - In the past three years, groundbreaking legal and structural changes have shaken collegiate sports. In June 2021, a unanimous Supreme Court held in NCAA v. Alston, 594 U.S. 69 (2021), that the NCAA and some...more

Williams Mullen

Appellate Court Rules that NCAA Athletes May Qualify as Employees Under the Fair Labor Standards Act

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On July 11, the United States Court of Appeals for the Third Circuit (with appellate jurisdiction over federal courts in Delaware, New Jersey and Pennsylvania) issued a decision in Johnson v. National Collegiate Athletic...more

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

BakerHostetler

No Offseason for the NCAA

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As students depart their college campuses for summer break, the NCAA has no such reprieve on the horizon. Over the past few weeks, the NCAA has settled questions pertaining to backpay for Name, Image, and Likeness (NIL) use...more

Flaster Greenberg PC

Name, Image, and Likeness Compensation for Student-Athletes: From the Playing Field to the Courthouse, Is the Ball Now in...

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For decades, student-athletes have asserted that colleges and universities have benefitted from their participation in collegiate athletics, while the student athletes themselves receive nothing in return. A college...more

BakerHostetler

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

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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

Kohrman Jackson & Krantz LLP

Student Athletes Secure Victory Over NCAA: Discussing the Future of NIL in Collegiate Athletics

In July 2021, the Supreme Court’s landmark decision in National Collegiate Athletic Association v. Alston secured student-athletes’ right to monetize their name, image, and likeness (or NIL). Before the landmark decision, the...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

Tennessee and Virginia AGs File Antitrust Suit Against NCAA Over New NIL Policies

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On January 31, Tennessee Attorney General (AG) Jonathan Skrmetti, joined by Virginia AG Jason Miyares, filed suit against the NCAA in the U.S. District Court for the Eastern District of Tennessee for alleged violations of the...more

Cozen O'Connor

AGs Don’t Like NCAA’s Name-Image-Likeness Restrictions

Cozen O'Connor on

Tennessee AG Jonathan Skrmetti and Virginia AG Jason Miyares filed a lawsuit against the National Collegiate Athletic Association alleging that the organization’s restrictions on future student-athletes’ ability to...more

Kohrman Jackson & Krantz LLP

U.S. Department of Justice Sues the NCAA: When Will College Athletes Start being Paid?

To quote a popular singer from our college days, David Gray, “it’s all over bar the shoutin’” for the NCAA, colleges, and TV networks taking advantage of college athletes. Whether it’s further litigation, federal legislation,...more

Holland & Knight LLP

NCAA President's Proposal Resets the Playing Field

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With the College Football Playoff completed, the NCAA has reached an inflection point. After decades of austerity in providing benefits to student-athletes, NCAA President Charlie Baker recently sent a letter to Division I...more

K2 Integrity

Mitigating The Risks Of Introducing Name, Image, And Likeness Rights In College Athletics

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In the world of college athletics, the introduction of name, image, and likeness (NIL) rights on 1 July 2021 revolutionized the landscape for student-athletes, presenting new challenges and opportunities for student-athletes....more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 6, June 2023

Supreme Court Blocks Use of Race in Harvard, UNC Admissions in Blow to Diversity Efforts - "In one of its most closely watched cases this year, the court ruled along ideological lines that the way the schools approached race...more

Foley & Lardner LLP

The NIL Presumption: Is the Newest NCAA Measure a Boon for Enforcement or the Next Front for Legal Challenge?

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The Name, Image, and Likeness (“NIL”) era of college sports has brought headlines, rumors, and dollar signs, but little in the way of NCAA enforcement. The NCAA’s seeming reluctance to take action against perceived violators...more

Bradley Arant Boult Cummings LLP

That Seems Presumptuous: NCAA’s Bylaw Changes Evidentiary Standard for NIL Infractions

Just under two years after the Supreme Court’s landmark decision in National Collegiate Athletic Association v. Shawne Alston, et al., which opened the door for college athletes to be compensated for the use of their name,...more

Kaufman & Canoles

Sports & Entertainment Client Alert - What to Watch for in 2023

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Following an eventful and evolving sports landscape in 2022, KaufCan Sports is keeping tabs on a number of noteworthy areas in the Sports Law world for 2023. From NCAA and its student-athletes to disruption in world golf to...more

Kohrman Jackson & Krantz LLP

One Year of Collegiate Athletics Following NCAA v. Alston

The Supreme Court, on June 21, 2021, issued its landmark decision in National Collegiate Athletic Association v. Alston, bringing about fundamental change for collegiate athletes seeking benefits and compensation in...more

BakerHostetler

Continued Antitrust Focus on the Labor Market in the Wake of NCAA v. Alston

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Almost one year has passed since the Supreme Court’s unanimous antitrust decision in NCAA v. Alston. That well-publicized decision affirmed the District Court’s rejection of the NCAA’s limits on education-related compensation...more

Rumberger | Kirk

Let’s Make A NIL Deal Part II: High School Student-Athletes Look to Get into the NIL Game

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Less than six months after the U.S. Supreme Court’s NCAA v Alston decision, which opened the opportunity for college student-athletes to be compensated from their name, image and likeness, (NIL) high school students are now...more

Rumberger | Kirk

Let’s Make a NIL Deal Part I: The Type of Deal Depends on the Athlete’s State Law or Institution

Rumberger | Kirk on

Less than a year ago, the NCAA removed a number of limitations on student-athletes’ ability to earn compensation while in college/university through an interim name, image, and likeness (NIL) policy.  In the short timeframe...more

Vinson & Elkins LLP

Game Changer: Understanding the NCAA’s New NIL Policy

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For over a century, the National Collegiate Athletic Association (“NCAA”) barred student-athletes from monetizing their name, image, and likeness (“NIL”). Yet, after facing mounting pressure from student-athletes, state...more

Sheppard Mullin Richter & Hampton LLP

What Brands Can Expect from College Sports’ Ever Evolving NIL Landscape

The first domino fell in late 2019 when Governor Newsom signed The Fair Pay to Play Act into law. This was the first statute allowing collegiate student-athletes to profit off their name, image, and likeness (NIL). ...more

Locke Lord LLP

From “Student-Athletes” to “Players”: ‎A Review of the 2021 Legal ‎Developments Shaping a New ‎Reality of College Sports

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The year 2021 marked a watershed in the legal relationship between college athletes, their institutions, and the NCAA. On June 21, the United States Supreme Court unanimously struck down NCAA rules restricting the amount...more

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