News & Analysis as of

Supreme Court of the United States Name and Likeness Student Athletes

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Flaster Greenberg PC

The House Settlement: College Athletics Panacea or Pandora’s Box?

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On June 6, 2025, U.S. District Judge Claudia Wilken approved a settlement allowing NCAA schools to pay student-athletes in an agreement now simply known as The House Settlement. The House Settlement directly resolved...more

Fleurinord Law PLLC

From the Sidelines to Six Figures: Smart Tax Planning for NIL-Earning Student Athletes

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Just a few years ago, if you were a student-athlete, you had two options: maintain eligibility or get paid. You couldn’t have both. That all changed on July 1, 2021, thanks to a landmark shift that rocked the college sports...more

Burr & Forman

How the Birthright Citizenship Issue Could Have Fundamentally Affected College Athletes' NIL Rights

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Introduction - While intended to clarify applicable laws, U.S. Supreme Court rulings sometimes have consequences that impact society in unexpected ways.  These unintended consequences can range from altering the...more

Robinson & Cole LLP

Legal Update: NCAA Athletes As Employees Of Their Schools Gains Momentum In Federal Court And The NLRB

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Introduction - In the past three years, groundbreaking legal and structural changes have shaken collegiate sports. In June 2021, a unanimous Supreme Court held in NCAA v. Alston, 594 U.S. 69 (2021), that the NCAA and some...more

Seyfarth Shaw LLP

Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the...

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On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act. The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11,...more

Flaster Greenberg PC

Name, Image, and Likeness Compensation for Student-Athletes: From the Playing Field to the Courthouse, Is the Ball Now in...

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For decades, student-athletes have asserted that colleges and universities have benefitted from their participation in collegiate athletics, while the student athletes themselves receive nothing in return. A college...more

Kaufman & Canoles

Top 5 Takeaways from the 2024 Sports Lawyers Association Conference

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Earlier this month, firm Associate Will Palmer attended the 49th Annual Sports Lawyers Association conference in Baltimore, MD. In addition to networking with plenty of amazing sports lawyers, risk management, and sports...more

Kohrman Jackson & Krantz LLP

Student Athletes Secure Victory Over NCAA: Discussing the Future of NIL in Collegiate Athletics

In July 2021, the Supreme Court’s landmark decision in National Collegiate Athletic Association v. Alston secured student-athletes’ right to monetize their name, image, and likeness (or NIL). Before the landmark decision, the...more

Troutman Pepper Locke

Tennessee and Virginia AGs File Antitrust Suit Against NCAA Over New NIL Policies

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On January 31, Tennessee Attorney General (AG) Jonathan Skrmetti, joined by Virginia AG Jason Miyares, filed suit against the NCAA in the U.S. District Court for the Eastern District of Tennessee for alleged violations of the...more

Pillsbury Winthrop Shaw Pittman LLP

NCAA Proposes New Division I Subdivision Which Allows Universities to Directly Compensate Student-Athletes

Member institutions should begin preparing in earnest for direct student-athlete compensation. The NCAA president unexpectedly circulated a governance blueprint last week that would significantly alter existing Name, Image...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Husch Blackwell LLP

The Labor Law Insider - Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education, Part II

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Labor Law Insider host Tom Godar continues to explore the nexus of labor issues and higher education with veteran labor lawyer Tyler Paetkau of Husch Blackwell’s Labor & Employment group and Jason Montgomery a member of Husch...more

Foley & Lardner LLP

The NIL Presumption: Is the Newest NCAA Measure a Boon for Enforcement or the Next Front for Legal Challenge?

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The Name, Image, and Likeness (“NIL”) era of college sports has brought headlines, rumors, and dollar signs, but little in the way of NCAA enforcement. The NCAA’s seeming reluctance to take action against perceived violators...more

DarrowEverett LLP

NIL-NIL: Exploring the Playing Field of Name, Image, and Likeness

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The U.S. Supreme Court’s landmark decision, NCAA v. Alston, which was decided in July of 2021, opened the door for student-athletes to profit off their name, image, and likeness, or “NIL.” The Court, affirming the Ninth...more

Kohrman Jackson & Krantz LLP

One Year of Collegiate Athletics Following NCAA v. Alston

The Supreme Court, on June 21, 2021, issued its landmark decision in National Collegiate Athletic Association v. Alston, bringing about fundamental change for collegiate athletes seeking benefits and compensation in...more

Verrill

More Madness: Catch Up With NCAA Happenings

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While there’s no denying March Madness brings the National Collegiate Athletic Association (NCAA) considerable attention, the Association has been the subject of significant press over the last year for several hot-button...more

Rumberger | Kirk

Let’s Make A NIL Deal Part II: High School Student-Athletes Look to Get into the NIL Game

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Less than six months after the U.S. Supreme Court’s NCAA v Alston decision, which opened the opportunity for college student-athletes to be compensated from their name, image and likeness, (NIL) high school students are now...more

Brooks Pierce

Navigating the Uncertain Terrain of NIL Deals for Student Athletes

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On July 1, 2021, the NCAA adopted an interim policy that allows any college athlete the opportunity to license their name, image and likeness (NIL), so long as they abide by applicable state law and other NCAA rules. This...more

Lippes Mathias LLP

NLRB General Counsel’s Memorandum Foreshadows Additional Changes to NCAA Athletics

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On September 29, 2021, National Labor Relations Board (NLRB) General Counsel, Jennifer A. Abruzzo, issued Memorandum GC 21-08 (the “Memorandum”) stating her groundbreaking prosecutorial position that “scholarship football...more

Hogan Lovells

NLRB General Counsel seeks to further shake up college sports

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Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more

Katten Muchin Rosenman LLP

A Highlights Reel on NIL Rights for Student Athletes - Kattison Avenue Fall 2021 | Issue 7

In our Spring 2021 issue, we wrote about potential new advertising opportunities concerning the Name, Image and Likeness (NIL) rights of student athletes. There were several balls in the air...more

ArentFox Schiff

Key Considerations in NIL Transactions for Sponsors and Teams

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Name, Image and Likeness (NIL) rights for college and high school athletes remains a hot topic as we enter the start of the academic year. Many sponsors and professional teams see a number of intriguing reasons to partner...more

Winstead PC

An In-Depth Summary and Analysis of the Important Alston Decision

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On June 21, 2021, the United States Supreme Court (“SCOTUS”) released its highly anticipated opinion in NCAA v. Alston. SCOTUS unanimously upheld the rulings by the United States District Court for the Northern District of...more

Saul Ewing LLP

College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico

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In this episode of “Lawyers With Game,” host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice, discusses the issues of college athletes being compensated for their name, image and likeness...more

Bracewell LLP

A Picture Is Worth a Thousand Words—and Maybe a Thousand Bucks Too, According to the NCAA

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The NCAA has implemented a blockbuster temporary policy allowing college athletes to be paid for the use of their name, image, and likeness (NIL). This reversal of the NCAA’s long-standing ban against compensation to college...more

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