Washington Journal of Law, Technology & Arts’ Post

Awesome conversation with sports law expert Prof. Peter Carfagna on the erosion of amateurism in college sports and the future of the NCAA. Simply staggering just how much the future of college sports hinges on pending litigation. #NCAA #NIL #MarchMadness #FinalFour Harvard Law School #SportsLaw

This is a good look by Chris Carlson at the behind the scenes lobbying from universities that led to the passage of New York’s amended #NIL law, which prevents the NCAA from penalizing New York schools for NIL rules violations committed by third parties and for any activities allowed under the law (such as schools and coaches facilitating deals for athletes). The ease with which these new or amended NIL bills are passing through states is one reason I believe passage of a federal NIL bill won’t happen. Why would a state’s federal representatives vote against the interests of their state and take away a potential competitive advantage for their state universities? And as I told Chris, I highly doubt the NCAA will challenge these new laws which takes away their regulatory authority in these states. As demonstrated by these lobbying efforts, many universities have no issue with their athletes being paid if that’s what’s necessary to remain competitive. #nameimagelikeness #sportslaw #ncaa #collegesports #collegeathletics https://lnkd.in/g5i_u-k9

The college football landscape isn't built on terra firm. The question is: What kind of legal challenges will result. Well, the smartest man in the game, Michael McCann, is here to tackle that very question: #sportsbusiness #sportslaw https://lnkd.in/eDrxEXZ5

Curious about the legal landscape associated with policy changes in college sports? Earlier this week I published the first entry in an informal “Name, Image, and Litigation” series, keeping an eye on the ramifications of pending cases in the NCAA NIL space with an angle on impacts on female student-athletes. In this post, I talk about a few matters pending in federal court that question the role and obligations of booster collectives. (All writings represent my personal views and should not be construed to represent the viewpoints of my employer.)

Keep an eye on U.S. District Court of Northern California - Oakland Division, where on Thursday Judge Claudia Wilken (*note: same judge who presided at the trial court level over past landmark NCAA legal battles O'Bannon and Alston) oversees a motion hearing re class-action certification status in House v. NCAA, an #antitrust lawsuit on behalf of #collegeathlete plaintiffs seeking #NIL (name, image and likeness) backpay and a monetary slice of broadcast revenue. “In a large #classaction like House, class certification is one of the most pivotal stages of the case,” Mit Winter, a college sports attorney with Kansas City-based Kennyhertz Perry, told On3. “With respect to the three damages classes being sought, the plaintiffs are seeking damages for the NIL opportunities that around 15,000 college athletes weren’t able to take advantage of from 2016 to the present. If those classes are certified, the NCAA and defendant conferences would be facing a potential monetary judgment in the multiple billions of dollars since antitrust damages are trebled.” A trial date has been set for January 27, 2025. Copy of amended legal complaint filed on 7/26/2021: https://lnkd.in/e7FKX52A Credit: Eric Prisbell writing for On3 #sportslaw #rightofpublicity #unjustenrichment #grouplicensing #titleIX

The NCAA settling the House and Carter antitrust cases would go a long way in helping it resolve big legal problems. But it wouldn't resolve other antitrust cases or whether college athletes are employees who can unionize. It may even cause new legal woes, especially with a supposed plan for revenue sharing that wouldn't involve negotiating with a union. I discuss in my new Sportico legal column:

The NCAA lost another legal battle this past Friday. A federal judge granted a preliminary injunction requested by the states of Tennessee and Virginia barring the NCAA from enforcing its NIL-recruiting rules that prohibit high school recruits and college athletes in the transfer portal from negotiating and signing NIL deals with third parties, such as NIL collectives and boosters, before enrolling at a college. The order also prevents the NCAA from enforcing its Rule of Restitution as applied to the foregoing NIL activities. Under the Rule of Restitution, the NCAA can retroactively impose punishments if a player competes based on an injunction that is later vacated. The judge also said that the NCAA’s NIL-recruiting ban likely violates antitrust law. What does this all mean? While the case is pending, the NCAA can't enforce its NIL-recruiting rules that prohibit high school recruits and college athletes in the transfer portal from negotiating and signing NIL deals with third parties, such as NIL collectives and boosters, before enrolling at a college. Although it is unclear whether the preliminary injunction applies to just Tennessee and Virginia or nationwide, the NCAA will likely revise its affected NIL rules or elect not to enforce them to put all schools on an equal playing field. #NCAA #NIL #collegesports #sportslaw

The NCAA warns if it loses In Re College Athlete NIL Litigation, which is about paying college athletes for their games on TV and for not having NIL until 2021, it could forced to pay more than $4 billion in damages. This case could knock out the NCAA. #sportslaw #sportsbusiness #NCAA #NIL #BNIL

Creighton faculty and students discover how NIL rights are transforming college sports! 🏀 The recent Creighton Law Review Symposium explored the transformative impact of name, image, and likeness (NIL) rights in college sports. Creighton professor David Weber and third-year law student Ana Hingorani discussed how NIL is reshaping student-athlete recruitment and opportunities. 💡 #CreightonLawReview #NILRights #SportsLaw Learn more ➡️ https://lnkd.in/gnvHEZje