There's long been a controversy surrounding whether college athletes can make money off of their names, images, and likeness, or NIL....more
On September 29, 2021, the National Labor Relations Board’s (NLRB) new General Counsel issued a memorandum that student-athletes at private colleges and universities should be considered employees under the National Labor...more
10/6/2021
/ Collective Bargaining ,
Colleges ,
Compensation ,
Educational Institutions ,
Employee Definition ,
Labor Reform ,
NCAA ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Student Athletes ,
Unions ,
Universities
Nationwide, college athletic programs are facing a dilemma: can they roster transgendered athletes on teams that conform with their gender identity? The answer is: it depends on where the team is located....more
6/25/2021
/ Catholic Church ,
Compelling Governmental Interest ,
First Amendment ,
Free Exercise Clause ,
Fulton v Philadelphia ,
LGBTQ ,
Religious Institutions ,
SCOTUS ,
Strict Scrutiny Standard ,
Student Athletes ,
Transgender
Regrouping on group licensing -
Group licensing is off the table for now in the name, image and likeness debate. The most likely application of a group license, if it were in play, would be for jerseys, but proposed...more
Since our last advisory on Name, Image, and Likeness (NIL) laws was published, there have been a number of newly passed and proposed state and federal laws we would like to highlight....more
4/6/2021
/ Agents ,
Compensation ,
Educational Institutions ,
Intellectual Property Protection ,
IP License ,
Legislative Agendas ,
Licensing Rights ,
Name and Likeness ,
New Legislation ,
Regulatory Agenda ,
Right of Publicity ,
Student Athletes
Six states have enacted NIL legislation, another 27 states have proposed NIL legislation, the U.S. Congress has at least two bills proposed, the NAIA has enacted NIL rules, and in January 2021 the NCAA likely will endorse its...more
Prior to 2015, student athletes were not permitted by NCAA rules to exploit commercially their name, image and likeness (“NIL”). However, the decision that year in O’Bannon v. National Collegiate Athletic Ass’n, 802 F.3d...more
10/15/2020
/ Antitrust Violations ,
Colleges ,
Coronavirus/COVID-19 ,
Endorsements ,
eSports ,
Infectious Diseases ,
Intellectual Property Protection ,
Legislative Agendas ,
Licensing Rights ,
Name and Likeness ,
NCAA ,
Online Platforms ,
Recruitment Policies ,
Regulatory Agenda ,
Sherman Act ,
Student Athletes ,
Universities