Entertainment, Media & SportsAs 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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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 Law
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Sports Law: A Year in Review & What to Watch for in 2023 Posted on: January 13, 2023 In: Sports LawIn 2022, the area of sports law experienced major developments across the country, many of which will continue their trajectory of change in the new year. In this post, we summarize the most significant sports law events of 2022 and predict the areas we anticipate will continue to see development in 2023.
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NLRB Reclassification Efforts of Student-Athletes Moves Forward Posted on: December 16, 2022 In: Sports LawThe National Labor Relations Board’s Division of Advice has directed the Regional Director of NLRB Region 31 (the L.A. Regional office) to proceed with the issuance of a formal complaint arising from an unfair labor practice charge filed against the University of Southern California, the Pac-12 Conference, and the NCAA alleging that revenue-generating athletes are currently illegally misclassified as student-athletes rather than as employees pursuant to the National Labor Relations Act.
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New York State Joins Growing Number of States Offering NIL Rights to Student-Athletes Posted on: December 01, 2022 In: Sports LawNew York has become the most recent state to adopt a name, image, and likeness (NIL) law. Consistent with all state laws passed to date, the New York Collegiate Athletic Participation Compensation Act authorizes college athletes to monetize their NIL rights without jeopardizing their eligibility or creating any risk of having their college scholarship revoked for asserting their right to utilize their NIL rights.
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NCAA Clarifies Interim NIL Policy Posted on: October 27, 2022 In: Sports LawOn October 26, the NCAA Division I Board of Directors unanimously approved a series of measures that had been supported by the Division I Council to specifically clarify how schools can actively become involved in name, image, and likeness (NIL) activities for their enrolled students. Univ. of Georgia President Jere Morehead commented, "As we continue to reinforce current NCAA rules, we expect to offer further guidance in the future on what should and should not be done when engaged in these activities."
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UPDATE: “Doncic v. His Mother” Trademark Dispute Continues Posted on: October 14, 2022 In: Sports LawMirjam Poterbin, the mother of NBA Superstar Luka Doncic, has filed a motion to dismiss her son’s petition to cancel the trademark that she currently controls. Poterbin’s memorandum submitted in support of her motion argues that Doncic’s submission lacks a “valid ground” for contesting the registration.
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Luka Doncic v. His Mom: One Athlete’s Legal Challenge to Reclaim His Name and the Case’s Potential Impact in the New NIL Era Posted on: October 13, 2022 In: Sports LawAs the world of professional sports continues its international growth pattern, athletes have recognized the worldwide value of their personal name, image, and likeness (NIL), and the importance of protecting their marketability with the filing of individual trademarks. Recently, NBA superstar Luka Doncic initiated a legal action against his mother, Mirjam Poterbin to reclaim trademark rights to his own name that she currently owns and controls.
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New Federal Legislation Aims to Eliminate Tax Write-Offs For Contributions to NIL Collectives Posted on: September 30, 2022 In: Sports LawThe emergence of “collectives” in the world of Name, Image, and Likeness (NIL) has raised the questions of whether these entities seeking 501(c)(3) status from the Internal Revenue Code of 1986, as amended (the “Code”) are actually public charities and if donations to these collective entities should be considered tax-deductible.
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Fifty Years of Progress: The Legal History of Title IX Posted on: September 09, 2022 In: Sports LawThis year, we celebrate 50 years of Title IX, the landmark legislation implemented to outlaw discrimination on the basis of sex in federally funded educational settings. Over the course of a half-century, Title IX has been monumental in creating access and opportunities for women and members of the LGBTQ community in education and sports and establishing a means of legal accountability. While the road to equality has not been perfect, nor is it complete, Title IX has made major contributions to many lives.
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Major League Baseball Players Association Makes Demand for Recognition on Behalf of Minor League Players to Major League Baseball Posted on: September 06, 2022 In: Sports LawAfter rejecting overtures to expand their membership to include minor league players for years, the Major League Baseball Players Association has announced that it has secured the support of more than 50% of potentially eligible minor league players in an effort to help them become the newest members of the association. In less than two weeks, the MLBPA has secured the support of a majority of minor league players who have executed union authorization cards.
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Name, Image & Likeness: Back to the Legislative Starting Block? Posted on: August 04, 2022 In: Sports LawFor the last few years, we have seen numerous bills introduced by senators and members of the House of Representatives regarding name, image, and likeness (NIL) rights. For the most part, all these bills sought to create specific rules and federal oversight in this area. However, because of the partisan nature of the bills, none of them has ever progressed beyond the introduction of the proposed bill to be considered for possible enactment.
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Sixth Circuit Partially Rejects NFL Players Association’s Preemption Argument, Allowing Some of Agent’s Claims to Proceed Posted on: July 14, 2022 In: Sports LawIn a direct challenge to the regulatory authority that Players Associations have historically maintained over the conduct of the agents that they oversee and certify, the U.S. Court of Appeals for the Sixth Circuit has ruled that three of five state law claims asserted by a certified agent against the NFL Players Association are not preempted by federal labor laws.
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- January 13, 2023 Sports Law: A Year in Review & What to Watch for in 2023
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