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Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Care Insights, Issue 9, October 2024

Welcome to The Academic Advisor - our e-newsletter focused on education law insights. With Fall Break behind us and the race to end-of-term underway, we highlight the following topics of import for schools,...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

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

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 2

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Having introduced the cast and set the scene in part 1 of this 3-part series, we turn now to the details. But before doing so, let’s get one thing out of the way – you likely won’t have unionized players on campus...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

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

Bricker Graydon LLP

College Athlete Misconduct: What Process is Due? (Part 2)

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Last week, we began discussing Radwan v. Manuel, a case recently decided by the U.S. Circuit Court for the Second Circuit regarding discipline faced by a soccer player at the University of Connecticut, a public institution....more

Bricker Graydon LLP

Federal Circuit Court Addresses Student Athlete Misconduct Issues (Part 1)

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The United States Court of Appeals for the Second Circuit has published a significant ruling addressing college student athletes’ First Amendment, procedural due process, and Title IX rights. The case, Radwan v. Manuel,...more

Morrison & Foerster LLP - MoFo+

Female College Soccer Player Wins A Penalty Kick

While the match is not final for former college soccer player Noriana Radwan who sued the University of Connecticut for sex discrimination, the Second Circuit Court of Appeals, citing an amicus brief filed by Morrison...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

Bricker Graydon LLP

Out with student-athletes, long live Players at Academic Institutions

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It’s difficult to imagine a four month period more impactful for the NCAA, if not for intercollegiate athletics on the whole, than the one we’re currently in. From the Supreme Court’s decision in Alston in June 2021, to the...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.

NLRB’s General Counsel Uses Prosecutorial Authority To Assert Student-Athletes Are Employees

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The on-and-off effort at the National Labor Relations Board (NLRB) to classify “student-athletes” as “employees” has renewed. Although the National Labor Relations Act contains no formal recognition of student-athletes as...more

Miller Canfield

NLRB General Counsel Announces Intent to Treat Some College Athletes as Employees

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On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more

Bowditch & Dewey

The Ripple Effects of COVID-19 on NCAA Athletics and Eligibility

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In early August, the National Collegiate Athletic Association (NCAA) Board of Governors issued requirements for fall sports, simultaneously directing its member schools and conferences to meet these requirements in order to...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

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...

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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

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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

Jones Day

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

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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

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

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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