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Name and Likeness Antitrust Provisions

Kaufman & Canoles

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

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A former Olympian is suing New Balance over the end of her career. Khamica Bingham, a two-time Olympic sprinter from Canada, is suing the Boston-based shoe company alleging that a malfunction in her running shoes led to a...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024

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Lawyers involved with a proposed multi-billion-dollar settlement of three athlete-compensation antitrust cases against the NCAA and the Power Five conferences filed documents on Thursday that included small, but potentially...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024

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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

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

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

Troutman Pepper

Florida, New York, and the District of Columbia Join NCAA Antitrust Lawsuit

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On Wednesday, attorneys general (AG) for the states of Florida, New York, and the District of Columbia announced that they are joining Tennessee and Virginia in a multistate coalition challenging the National Collegiate...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

BakerHostetler

Into the Scrum: NCAA’s New NIL Policies Hit with Antitrust Suit by State Attorneys General Ahead of Football Signing Period

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At the end of January, Attorneys General Jonathan Skrmetti of Tennessee and Jason Miyares of Virginia filed a complaint in the U.S. District Court for the Eastern District of Tennessee alleging that the NCAA’s newest name,...more

Bradley Arant Boult Cummings LLP

The Previous Rules are Under Further Review: Antitrust, NIL, and the NCAA

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

Troutman Pepper

State AGs File NIL Antitrust Lawsuits — 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

BakerHostetler

NCAA’s New NIL Policies Hit with Antitrust Suit By State Attorneys General Ahead of Football Signing Period

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At the end of January, attorneys general Jonathan Skrmetti of Tennessee and Jason Miyares of Virginia filed a complaint in the U.S. District Court for the Eastern District of Tennessee alleging that the NCAA’s newest name,...more

Bradley Arant Boult Cummings LLP

Here We Go Again: Insights from the 11th Congressional Hearing on NIL

On Thursday, January 18, 2024, the House Subcommittee on Innovation, Data, and Commerce held a hearing on collegiate name, image, and likeness (NIL). The witness list included NCAA President Charlie Baker, UCLA football...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - January 2024 #2

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A Florida State assistant coach has been suspended for the first three games of the 2024 season for violating recruiting rules by connecting a potential transfer with a representative from an NIL collective during an official...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

Robinson & Cole LLP

Cash for College Athletes, NIL Only Scratches the Surface

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Allowing college athletes to be paid for their name, image, and likeness (NIL) has changed college sports, but several decisions that are due in the coming months could make college sports unrecognizable. First, several...more

Troutman Pepper

Transfer of Power: Federal Court Temporarily Blocks the NCAA's Transfer Eligibility Rules

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On December 13, a West Virginia federal judge placed a temporary hold on an NCAA rule (NCAA Division I Bylaw 14.5.5.1) requiring certain student-athletes who transferred schools to wait a year before competing in games. This...more

Console and Associates, P.C.

Student Athletes Sue the NCAA Under the Fair Labor Standards Act

For many youths, playing on a college sports team is a dream come true. However, the reality of collegiate sports isn’t always as glamorous as aspiring athletes believe it to be. For example, the governing body of college...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

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

Jenner & Block

Update on Proposed Changes to the NCAA Constitution

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On Monday, November 15, 2021, the NCAA held a special convention to discuss a proposed draft constitution for the organization. The draft constitution, circulated a week earlier, would make several significant changes to the...more

Winstead PC

SCOTUS Sets Argument on Case with NIL Implications

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An important development in the fast-changing landscape of intercollegiate athletics’ name, image, and likeness (NIL) rules may occur, when NCAA v. Alston is heard by the United States Supreme Court in March, with the Court’s...more

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

Is “Fair Pay to Play” Fair in College Sports? What California’s New Law Means for the Future of Amateur Athletics

On September 30, 2019, Governor Gavin Newsom signed California legislation - Senate Bill (SB) 206 - that would permit college student athletes to benefit financially (for example, from endorsement deals) from their names,...more

Shumaker, Loop & Kendrick, LLP

Trial in Landmark Student-Athlete Compensation Case Gets Underway

As an exciting weekend of college football kickoff games comes to a close, a trial that could fundamentally alter the landscape of collegiate athletics is just beginning. On September 4th, a bench trial began in the...more

BakerHostetler

Garçon to FanDuel: Check please!

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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

Stoel Rives LLP

NCAA Dodges Judicial Bullet in Federal Case Challenging Amateurism Rules

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As a lifelong Boise State University fan, and gamer who pre-ordered the EA Sports NCAA Football 2008 game (with Jared Zabransky on the cover), I was probably more excited than your average legal beagle to read last week’s...more

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