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Universities Colleges Antitrust Provisions

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

Benesch

The Clash of Antitrust Law and the NCAA: The Third Circuit Suggests a Test to Determine if Athletes Qualify as Employees on the...

Benesch on

On July 11, the Third Circuit laid out a test to settle the debate as to whether athletes are truly amateurs or actual employees entitled to benefits under the Fair Labor Standards Act (“FLSA”)....more

Womble Bond Dickinson

South Carolina’s New NIL Law and What it Means for Collegiate Athletes in the State

Womble Bond Dickinson on

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

Troutman Pepper on

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

Bradley Arant Boult Cummings LLP

Break(ing) Point: The Latest Antitrust Class Action Aimed at the NCAA

University of North Carolina women’s tennis standout Reese Brantmeier has filed a class action complaint in the U.S. District Court for the Middle District of North Carolina alleging that the NCAA imposed “arbitrary and...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

BakerHostetler on

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

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

BakerHostetler on

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

Kaufman & Canoles on

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

Holland & Knight LLP on

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

Winstead PC

SCOTUS Sets Argument on Case with NIL Implications

Winstead PC on

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

Morgan Lewis

Colleges and Universities: Litigation Challenges and Risk Mitigation in the Face of COVID-19

Morgan Lewis on

In navigating the coronavirus (COVID-19) pandemic, higher education institutions should be aware of a recent wave of refund class actions, antitrust considerations in communication with other institutions, claims for business...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

Jones Day

Jones Day Talks: Game Over? Alston and the Future of Pay-for-Play in College Sports

Jones Day on

In what has become known as the Alston or Jenkins case, a California district judge has issued a 104-page order in In re: NCAA Grant-in-Aid Cap Antitrust Litigation. The matter focused on NCAA rules that prohibit schools from...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

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - November 2017 #3

Robinson & Cole LLP on

We previously warned readers about the Locky ransomware, which is potent and designed to use phishing emails to lure users to click on links and attachments, including pdfs. Now, researchers at Cylance have discovered...more

Proskauer - Advertising Law

FTC and DeVry University Settle False Advertising Claims for $100M

In December 2016, DeVry University agreed to pay $100 million to settle a lawsuit with the Federal Trade Commission (FTC) over allegations stemming from DeVry’s advertising about the employment rates and salaries of its...more

Stoel Rives LLP

NCAA Dodges Judicial Bullet in Federal Case Challenging Amateurism Rules

Stoel Rives LLP on

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

Fisher Phillips

Federal Appeals Court Rejects Payments To College Athletes

Fisher Phillips on

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

Womble Bond Dickinson

Court Rules NCAA Violated Antitrust Laws: But Did The NCAA Win By Losing?

Womble Bond Dickinson on

A federal court has ruled that the NCAA cannot ban schools from giving athletes money based on their name, image and likeness, and cannot impose a salary cap below $5,000. See O'Bannon v. NCAA (N.D. Calif Aug. 8, 2014). The...more

Ballard Spahr LLP

NCAA Cannot Bar Compensation of Student-Athletes for Use of Their Names and Likenesses, Federal Court Says

Ballard Spahr LLP on

A recent California federal court decision has further lifted the thumb on the scales that has historically benefited collegiate athletics in weighing whether their association rules violate the federal antitrust laws. ...more

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