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Anticipating the Play as the House Settlement Nears Approval

Former Division I student-athletes may soon hear the final whistle of the consolidated class action they brought against the National Collegiate Athletic Association (NCAA) and five of its conferences in 2020 to eliminate...more

Department of Education OCR Issues Guidance on How Schools Analyze NIL Activity Under Title IX

On Jan. 16, 2025, the Department of Education’s Office for Civil Rights (OCR) issued guidance regarding how it will analyze name, image and likeness (NIL) activity under Title IX of the Education Amendments of 1972. The...more

Third Circuit Intercepts NCAA’s Hail Mary Pass on Collegiate Athletes’ Employment Status

On July 11, 2024, the U.S. Court of Appeals for the Third Circuit issued its long-awaited decision in Johnson, et al. v. National Collegiate Athletic Association, et al., holding that college athletes may be employees under...more

NCAA Allows Schools to Assist NIL Efforts, Expands Options for Transfer Student-Athletes

On April 17, 2024, the National Collegiate Athletic Association’s Division I Council unanimously adopted a proposal that allows NCAA member schools to provide assistance in supporting name, image and likeness (NIL) activities...more

NCAA Approves New NIL Disclosure and Transparency Rules for Division I Student-Athletes

The NCAA Division I Council recently adopted new rules on disclosure requirements for third-party name, image and likeness (NIL) agreements and voluntary registration for NIL service providers (sports agents, financial...more

National Labor Relations Board Alleges Student-Athletes Are Employees of Private University, Pac-12, NCAA

As McGuireWoods reported in December 2022, the National Labor Relations Board (NLRB) regional office in Los Angeles found an unfair labor practice charge filed by the National College Players against the NCAA, Pac-12...more

5/22/2023  /  Colleges , NCAA , NLRA , NLRB , Student Athletes , Universities

Student-Athlete Name, Image and Likeness Framework Continues to Evolve

In November 2022, McGuireWoods reported on the evolving framework surrounding student-athletes’ ability to profit from their names, images and likenesses (NIL). Recent developments have given new life to the NIL legal...more

National Labor Relations Board: Student Athletes Are Employees of University, Pac-12 and NCAA

As McGuireWoods reported on Feb. 8, 2022, the National College Players Association filed an unfair labor practice (ULP) charge with the National Labor Relations Board (NLRB) against the NCAA, Pac-12 Conference, University of...more

Student-Athlete Landscape Continues to Evolve at National and International Levels

The framework surrounding student-athletes’ ability to profit from their name, image and likeness (NIL) continues to evolve. Within the last several weeks, the National Collegiate Athletic Association (NCAA) issued additional...more

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