News & Analysis as of

Scholarships Colleges Name and Likeness

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

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

Husch Blackwell LLP

2024 NCAA Compliance Report: College Athletics in Transition

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In last year’s report, we discussed House v. National Collegiate Athletic Association—the third case in a trilogy filed by current and former student-athletes who claim the NCAA, as well as the Power 5 conferences, violated...more

Troutman Pepper

U.S. Senate Committee Hears Testimony About the Need for Uniform NIL Regulation That Would Exempt Student-Athletes From Federal...

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On October 17, the U.S. Senate Judiciary Committee heard testimony from witnesses about the need for reform in college athletics, including the possibility of establishing a national standard for regulating Name, Image, and...more

Bricker Graydon LLP

[Ongoing Program] Session 4: The Future of College Athletics | Practical Tips and Takeaways in Anticipating the "New Normal" -...

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The College Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change - Don’t make a rookie mistake. Whether you are a new or experienced athletic administrator, refresh your...more

Bricker Graydon LLP

[Ongoing Program] Session 3: Athletic Operations and Revenue Generation in an Ever-Changing Climate - October 3rd, 12:00 pm - 1:30...

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The College Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change - Don’t make a rookie mistake. Whether you are a new or experienced athletic administrator, refresh your...more

Bricker Graydon LLP

[Ongoing Program] Session 2: Student-Athlete Conduct and Health, Safety, and Well-being - September 26th, 12:00 pm - 1:30 pm ET

Bricker Graydon LLP on

The College Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change - Don’t make a rookie mistake. Whether you are a new or experienced athletic administrator, refresh your...more

Bricker Graydon LLP

[Ongoing Program] Session 1: Title IX and Athletics | What Every Athletic Administrator Needs to Know - September 19th, 12:00 pm -...

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The College Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change - Don’t make a rookie mistake. Whether you are a new or experienced athletic administrator, refresh your...more

Bricker Graydon LLP

The Saga Continues: Are Student Athletes Employees?

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This question, once settled, has seen increased scrutiny in recent years both from the National Labor Relations Board and courts that have considered the issue.2 One of those courts – the Third Circuit Court of Appeals, which...more

Faegre Drinker Biddle & Reath LLP

Name, Image and Likeness Scouting Report, Week 5: Conference and Member School NIL Policies Proliferate, But Enforcement Remains...

The academic calendar has turned to October as athletic conferences and their member institutions attempt to deal with athletes’ growing expectations about name, image and likeness (NIL) opportunities. The tsunami created by...more

Lathrop GPM

NLRB General Counsel Seeks to Expand Labor Rights for Student Athletes

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On September 29, 2021, the General Counsel for the National Labor Relations Board (“NLRB”), put colleges and universities on notice that she plans to prosecute cases against them for denying student athletes their rights...more

Jackson Lewis P.C.

UPDATE: Sixth Federal NIL Bill Proposed By Kansas Senator Jerry Moran; Senator Booker Comments On Status of College Athlete Bill...

Jackson Lewis P.C. on

Amateur Athletes Protection and Compensation Act. The Amateur Athletes Protection and Compensation Act of 2021 (Protection Act), the sixth federal proposal governing student-athlete name, image, and likeness (NIL)...more

Saul Ewing LLP

With the NCAA’s Decision to Permit Amateur Name Image Likeness Compensation, Student-Athletes and Legislators Score a Big Win; But...

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In a seeming about-face, the NCAA’s governing board voted unanimously on October 29, 2019 to allow college athletes to be compensated for the use of their name, image, and likeness (“NIL”)....more

Miller Canfield

Michigan Introduces Legislation to Permit Likeness/Image Compensation for Student Athletes

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The Michigan House of Representatives introduced legislation that would allow college athletes to receive compensation for the use of their name, image, likeness rights or athletic reputation. Michigan House Bill No. 5217...more

Jackson Lewis P.C.

New Jersey Joins The Growing Number Of States Seeking To Create Name, Image And Likeness Rights For Student Athletes In Direct...

Jackson Lewis P.C. on

While student-athletes and colleges and universities across the country await an anticipated response from the NCAA’s established working group regarding name, image and likeness rights, a growing number of states continue to...more

Jackson Lewis P.C.

The Number Of States Supporting Student-Athlete Name, Image, And Likeness Rights Continues To Grow

Jackson Lewis P.C. on

The number of states supporting the growing effort to secure legal rights for student-athletes to market their name, image, and likeness for economic benefit without affecting either their scholarship benefits or amateur...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

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Holds That NCAA’s Amateurism Rules Violate Section 1 of the Sherman Act

In a decision handed down on September 30th, the Ninth Circuit affirmed in part and reversed in part the District Court’s ruling that the NCAA’s “amateurism” rules unlawfully restrained trade in the market for certain...more

Holland & Knight LLP

Title IX Implications of the O'Bannon Decision

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The recent federal appellate decision in O'Bannon v. NCAA may have profound implications for colleges obligated to ensure gender equity in athletics under Title IX of the Education Amendments of 1972 (Title IX). In the...more

Foley & Lardner LLP

The Lessons (and Wisdom) of Rihanna

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Everyone these days seems to think they are entitled to more money, from the United States Department of Labor (DOL) claiming that there really are no independent contractors to the thousands of United Automobile Workers...more

Bond Schoeneck & King PLLC

O’Bannon v. NCAA – A Split Decision by the Ninth Circuit

The United States Court of Appeals for the Ninth Circuit issued its highly anticipated decision in the O’Bannon case on September 30, 2015. This case was an appeal of the United States District Court for the Northern District...more

Fisher Phillips

Federal Appeals Court Rejects Payments To College Athletes

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This morning, the 9th Circuit Court of Appeals ruled that the NCAA is subject to antitrust laws and that its payment rules are too restrictive in attempting to maintain amateurism. However, in what can only be deemed a...more

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

NCAA Play for Pay? Ninth Circuit Rules Antitrust Rule of Reason Does Not Require Payments for ‘Name, Image, or Likeness’

On September 30, 2015, the Ninth Circuit Court of Appeals upheld a lower court’s ruling that the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws. The Ninth Circuit panel...more

Ballard Spahr LLP

Court Rules NCAA Can Block Colleges from Paying Student-Athletes, But Allows Scholarships for “Full Cost of Attendance”

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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

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