Sports Law
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The College Athlete Right To Organize Act Is Back: Reintroduced To Encourage And Simplify Student-Athlete Unionization After Reclassification To University Employee Status Posted on: December 07, 2023 In: Sports Law Read more »
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ALERT: The Final Leg of the NCAA’s Amateurism Model Buckles Under the Association’s Year-End Proposal to Member Schools Posted on: December 05, 2023 In: Sports Law Read more »
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UPDATE: Judge Wilken Renders Additional Decision Against NCAA Posted on: November 04, 2023 In: Sports Law Read more »
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Following Ongoing Federal Legislative Inaction, NCAA Outlines Proposed Steps To Help Regulate NIL Posted on: October 09, 2023 In: Sports Law Read more »
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UPDATE: Student-Athletes’ Newest Effort to Unionize – Dartmouth Men’s Basketball’s Petition to the NLRB Posted on: September 14, 2023 In: Sports Law Read more »
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UPDATE: Sen. Ted Cruz’s Discussion Draft Joins Crowded Field in the Race for a Federal NIL Bill Posted on: August 07, 2023 In: Sports Law Read more »
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The Game Time Rush to Introduce Federal NIL Bills Continues Posted on: July 31, 2023 In: Sports LawThe NCAA has made its goal for NIL regulation and enforcement very clear: federal legislation and intervention. After federal lawmakers have proposed more than a dozen bills to reform college sports in the past three years that have all failed to progress through the legislative process, the current lack of a nationwide standard has created a race among state legislatures to pass laws designed to give teams within their state a competitive advantage in recruiting.
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NCAA’s Regulations Attempt To Restrict State Law: The New NIL Battleground Posted on: June 29, 2023 In: Sports LawDespite numerous recent legal losses, the NCAA has asserted its intention to enforce its rules and crackdown on alleged NIL violations committed by its member schools. In our most recent Law360 article issued earlier this month, we discussed recent trends regarding state legislation that has already been introduced or become law (Arkansas, Oklahoma, Missouri, New York, Texas, and Colorado).
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NIL 501(c)(3) Collectives Beware: The IRS is Watching Posted on: June 12, 2023 In: Sports LawThe world of name, image, and likeness (NIL) continues to change with forces beyond federal law, state law, or NCAA bylaws: enter the IRS. The Office of the Internal Revenue Service’s Chief Counsel has announced, citing numerous supporting revenue rulings and tax cases, in a non-precedent setting memo that non-profit NIL collectives are not tax exempt because they fail to satisfy IRS regulations.
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NLRB Takes Next Step To Reclassify Student Athletes As Employees Under Federal Law Posted on: May 20, 2023 In: Sports LawThe National Labor Relations Board’s (NLRB) effort to reclassify student-athletes as employees continues to move forward. In an anticipated next step, the NLRB’s Regional Director in Los Angeles has issued a formal complaint alleging that the football and men’s and women’s basketball players at the University of Southern California (USC) are actually employees of the school, the Pac-12 conference, and the NCAA, pursuant to the National Labor Relations Act (NLRA).
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WATCH: A Behind-the-Scenes Look at College Athletics with St. Joseph’s University Director of Athletics Jill Bodensteiner Posted on: April 14, 2023 In: Sports LawOn April 5, Phoenix Partner and Chair of Lewis Brisbois’ Collegiate & Professional Sports Law Practice Gregg Clifton and New York Sports Law Associate Christina Stylianou hosted an engaging webinar with guest speaker Jill Bodensteiner – vice president and director of athletics at Saint Joseph’s University in Philadelphia. During the session, titled, “The Future of Amateurism in College Athletics,” Ms. Bodensteiner provided a behind-the-scenes look at several hot topics in college sports.
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The First Line in the Sand: Florida Federal District Court’s Ruling on Title IX’s Applicability to College eSports Posted on: February 27, 2023 In: Sports LawAs esports have grown in popularity and commercial relevance, particularly as a professional pursuit, their place among colleges and universities has also escalated. The question of whether collegiate esports teams fall under the same legal umbrella as other college athletic programs and are subject to Title IX – the federal law that prohibits discrimination on the basis of sex at federally funded educational institution – is just now beginning to reach the courts for consideration.
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