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Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more
NIL partnerships between businesses and collegiate student-athletes remain a lucrative opportunity. In fact, marketing and advertising through student-athletes has been so successful that the NIL industry is projected to soon...more
The NCAA and its power conferences recently approved a multi-billion-dollar agreement to settle several antitrust claims brought by student-athletes, taking the next step towards reshaping the collegiate sports landscape. The...more
On May 23, 2024, the NCAA and the Power 5 conferences announced a $2.8 billion settlement that was reached in several antitrust class action lawsuits concerning payment for college athletes. The settlement marked a watershed...more
The NCAA reaches a historic settlement to pay college athletes. What to know: NPR - What: On May 23, 2024, the NCAA and the so-called “power five” athletic conferences reached a groundbreaking agreement that seeks to end...more
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
Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more
The Dartmouth men’s basketball team voted to unionize Tuesday in an unprecedented step toward forming the first labor union for college athletes and another blow to the NCAA’s deteriorating amateur business model....more
One day, Name, Image and Likeness may pivot away from collectives and pivot toward university-based funding. At least one prominent athletic department is preparing for the possibility....more
Sports and antitrust might seem an odd couple at first glance. In truth, however, the two are not only related but deeply entwined in American law. Indeed, professional baseball as we know it exists largely thanks to a 1922...more
Florida State University is pushing for the dismissal of the Atlantic Coast Conference’s NC lawsuit, saying it was prematurely filed to preempt the university’s own suit against the conference, in an attempt to win a “race to...more
Member institutions should begin preparing in earnest for direct student-athlete compensation. The NCAA president unexpectedly circulated a governance blueprint last week that would significantly alter existing Name, Image...more
When Florida’s name, image and likeness (NIL) law went into effect this past summer, it created many opportunities for businesses that wanted to enlist college athletes as part of their marketing campaigns. A recently filed...more
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
Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more
Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more
What are a veteran NFL player’s name, image, and likeness worth in the burgeoning (but recently beleaguered-by-lawsuits) daily fantasy sports gaming industry? NFL wide receiver Pierre Garçon’s putative class action lawsuit...more
In a class action brought under the Sherman Antitrust Act, the Ninth Circuit Court of Appeals held that the NCAA eligibility regulations are subject to antitrust scrutiny. Applying the so-called Rule of Reason, the court held...more
In a partial victory for the NCAA, the Ninth Circuit Court of Appeals overturned in part a permanent injunction issued by the District Court for the Northern District of California, which had required the NCAA to allow...more