Gregg Clifton Speaks with Law360 Regarding Recent NCAA Report

Phoenix, Ariz. (January 6, 2023) - Phoenix Partner Gregg E. Clifton spoke with Law360 for an article titled, “3 Takeaways From NCAA's Report On Student-Athlete Support,” which addresses a recently released National Collegiate Athletic Association (NCAA) report that was expected to include sweeping recommendations for modernizing Division I systems. As the article describes, the report proposed increasing the size of championship tournaments and involving athletes in key decisions, but notably omitted recommendations regarding name, image, and likeness (NIL) rights, as well as compensation for student-athletes.

On the topic of expanding championship tournaments – including March Madness – and increasing the related television contracts for these events, Mr. Clifton queried, "If the TV contract is static for the immediate future, is that going to drive down the distribution of tournament money?" He explained that tournament expansion would lead to an increase in programs as well as potentially more conferences to split the pie with, noting that "the shares will go down."

In addition, Mr. Clifton discussed the portion of the NCAA’s report calling for athletes to be involved in decision-making processes. He told Law360 that the depth and breadth of athlete inclusion in determining the organization’s priorities — and in acting on those priorities — could not be underplayed. He explained, "The way they're defining success, by modernizing the experience for student-athletes, making everything very much athlete-oriented instead of just revenue-oriented — that's very good." Mr. Clifton also commented on the NCAA’s lack of decisions on NIL, pointing out that the report referred to the NCAA’s belief that it did not have the power to set national NIL guidelines.

Mr. Clifton is a member of Lewis Brisbois' Entertainment, Media & Sports and Labor & Employment Practices. He has extensive experience in the collegiate and professional sports world and has advised numerous professional franchises on a range of labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. Mr. Clifton is also an editor of The Official Review, Lewis Brisbois’ sports law blog. He recently authored a post and spoke with Sports Illustrated regarding the National Labor Relations Board’s latest step toward having college athletes classified as employees.

Read the full Law360 article here (subscription may be required).