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Troutman Pepper

NCAA Drug Testing & Cannabinoids: A Break-Up Story

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The National Collegiate Athletic Association (NCAA) is the largest governing body in college athletics. The NCAA regulates all aspects of student athletics among 1,100 schools in the United States. It also organizes the...more

CDF Labor Law LLP

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

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The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more

Troutman Pepper

Johnson Case’s Potential Impact on Colleges, NIL, and College Athletics — Highway to NIL

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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

Morgan Lewis

Third Circuit Establishes New Employee Test for Student Athletes

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In Johnson v. National Collegiate Athletic Association (NCAA), the US Court of Appeals for the Third Circuit held that student athletes should be permitted to pursue a claim under the Fair Labor Standards Act (FLSA). The...more

Troutman Pepper

House Settlement Submitted for Court Approval: Impact on the Future of College Athletics

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On July 26, the plaintiffs in In Re: College Athlete NIL Litigation (a/k/a the House litigation) filed formal settlement documents (i.e., the proposed settlement) with the U.S. District Court for the Northern District of...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 7, July 2024

July 29, 2024 Welcome to the seventh issue of The Academic Advisor – our e-newsletter focused on education law insights.    In this final summer edition, we look ahead to the new academic year and cover the following...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

Troutman Pepper

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Ballard Spahr LLP

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

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On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more

Seyfarth Shaw LLP

Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the...

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On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act. The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11,...more

Pillsbury - Internet & Social Media Law Blog

The Contest for Collegiate NIL Rights: How the Protect the Ball Act May Insulate the NCAA

The National Collegiate Athletic Association (NCAA) has historically been afforded a wide berth to implement and enforce its rules under the auspices of protecting the “revered tradition of amateurism” in college athletics....more

McGuireWoods LLP

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

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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

Arnall Golden Gregory LLP

The Pitch - June 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Hogan Lovells

What the proposed House settlement means for NCAA Division I institutions

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On May 23, 2024, the NCAA and the five autonomy conferences — known colloquially as the “Power Five” — agreed to terms for a $2.78 billion settlement to resolve three lawsuits in federal court: House v. NCAA, Hubbard v. NCAA...more

Hinshaw & Culbertson LLP

Are Colleges Prepared to Classify Student-Athletes as Employees?

In the second episode of our new Reel Shorts video series, Kelechi Ajoku reviews the latest developments on whether educational institutions can pay student-athletes directly for the use of their name, image, and likeness...more

Arnall Golden Gregory LLP

Will the Spirit of Title IX Survive State Legislation Allowing Institutions to Directly Pay Their Athletes?

There is no doubt that name, image, and likeness (“NIL”) deals have been groundbreaking for both men’s and women’s college athletes. It’s the hot topic among everyone in the college sports world — and for good reason. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NCAA Athletes as Employees Could Raise Immigration Concerns for International Students

A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of...more

Husch Blackwell LLP

The Labor Law Insider—Dartmouth Men's Basketball Team Unionizes: Air Ball or Nothing But Net?

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In part two of the discussion regarding the successful unionization of the Dartmouth University men’s basketball team, our labor law insiders Tyler Paetkau and Jason Montgomery, along with host Tom Godar, offer analysis and...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2024

Welcome to the third issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2024 #3

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Dartmouth College must bargain with its men’s basketball team after the National Labor Relations Board certified the players’ recent landmark vote to unionize with the Service Employees International Union on Thursday, but a...more

Poyner Spruill LLP

NLRB Determines Varsity Basketball Players Are University Employees

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In September 2023, fifteen members of Dartmouth College’s varsity men’s basketball team sought to join Service Employees International Union, Local 560 (“Union”), which is the “exclusive representative” of Dartmouth...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tennessee Federal Court Issues Preliminary Injunction Blocking NCAA’s NIL Restrictions

On February 23, 2024, the U.S. District Court for the Eastern District of Tennessee issued a preliminary injunction in State of Tennessee and Commonwealth of Virginia v. National Collegiate Athletic Association, enjoining...more

Troutman Pepper

The NCAA's Response to the NIL Recruitment Injunction — Highway to NIL Podcast

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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

Saul Ewing LLP

University Trademarks & Alumni Associations: How Far Is Too Far?

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With the recent emergence of Name Image Likeness ("NIL") compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have...more

Akerman LLP

Dartmouth Basketball Players Have Voted to Unionize

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What it means to be a student-athlete in college is evolving, and Dartmouth basketball players find themselves at the forefront of this new era. For the first time in history, on Tuesday, March 5, 2024, the Dartmouth men’s...more

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