News & Analysis as of

Name and Likeness Sherman Act

Balch & Bingham LLP

In ‘Case’ You Missed It: NCAA Faces Mounting Antitrust Challenges Over NIL Rules

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In “Case” You Missed It is a Yellowhammer News column by Balch & Bingham attorney Tripp DeMoss that briefly summarizes a recently issued decision by higher courts like the U.S. Supreme Court and Alabama Supreme Court in cases...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Pillsbury Winthrop Shaw Pittman LLP

Is the “Revered Tradition of Amateurism” over for College Sports?

The NCAA and five athletic conferences approved paying nearly $2.8 billion in retrospective name, image and likeness (NIL) compensation to settle three pending antitrust lawsuits. The proposed settlement contemplates a...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

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

Cozen O'Connor

Additional AGs Join Lawsuit Against NCAA Alleging Antitrust Violations

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D.C. AG Brian Schwalb, Florida AG Ashley Moody, and New York AG Letitia James have joined a lawsuit brought by Tennessee AG Jonathan Skrmetti and Virginia AG Jason Miyares against the National Collegiate Athletic Association...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

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

Pillsbury Winthrop Shaw Pittman LLP

Another Brick in the Wall: NCAA Enjoined from Enforcing NIL Rules Prohibiting Student-Athletes from Negotiating with Third Parties

U.S. District Judge Clifton Corker issued an injunctive order prohibiting the NCAA from enforcing its name, image or likeness (NIL) rules to the extent those rules prohibit prospective or existing student-athletes from...more

Troutman Pepper

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

Troutman Pepper

End Game? Federal Court Enjoins Enforcement of NCAA's "NIL Recruiting Ban"

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On February 23, U.S. District Judge Clifton L. Corker of the Eastern District of Tennessee, issued an opinion and order granting the Tennessee and Virginia attorneys generals’ (AG) request for a preliminary injunction...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

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

Bradley Arant Boult Cummings LLP

Bringing Down the House: House v. NCAA Could Potentially Mean Big Changes for Collegiate NIL Rules

In a recent development, on September 22, 2023, a federal judge took a significant step by certifying an injunctive relief class comprising of at least 184,000 college athletes. This decision paves the way for the House v....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

Pietragallo Gordon Alfano Bosick & Raspanti,...

Uncharted waters: The University of Pittsburgh’s football team forays into newly available name, image and likeness opportunities

The University of Pittsburgh (Pitt) has taken a progressive stance on its Name, Image, and Likeness (NIL) policy; choosing to assist its student-athletes rather than hinder them in pursuit of these newfound opportunities. The...more

Verrill

More Madness: Catch Up With NCAA Happenings

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While there’s no denying March Madness brings the National Collegiate Athletic Association (NCAA) considerable attention, the Association has been the subject of significant press over the last year for several hot-button...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

Lowenstein Sandler LLP

What's In A Name (Image or Likeness)? Quite A Bit For Star College Athletes

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Many years ago, the state of the law regarding name, image, and likeness issues (“NIL” or right of publicity) was once described as a “haystack in a hurricane.” Such a description accurately depicted (and sadly, still...more

Winstead PC

An In-Depth Summary and Analysis of the Important Alston Decision

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On June 21, 2021, the United States Supreme Court (“SCOTUS”) released its highly anticipated opinion in NCAA v. Alston. SCOTUS unanimously upheld the rulings by the United States District Court for the Northern District of...more

Saul Ewing LLP

College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico

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In this episode of “Lawyers With Game,” host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice, discusses the issues of college athletes being compensated for their name, image and likeness...more

Bracewell LLP

A Picture Is Worth a Thousand Words—and Maybe a Thousand Bucks Too, According to the NCAA

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The NCAA has implemented a blockbuster temporary policy allowing college athletes to be paid for the use of their name, image, and likeness (NIL). This reversal of the NCAA’s long-standing ban against compensation to college...more

Foster Garvey PC

Sports & Entertainment Spotlight: Why the risks of holding the Tokyo Summer Olympic Game remain high, and how PGA Tour golfer...

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Strange as it may be, with vast majority of the world still reeling from the COVID-19 pandemic, we are on the eve of the opening ceremony for the “2020” Tokyo Summer Olympics. Olympic games in “normal” times are logistical...more

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