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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
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sports, nil, ncaa, college, college athletes, nlrb, unionize
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
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sports, nil, federal, bills, ncaa, college, college athletes, legislation, name, image, likeness, contracts, law, congress, ted cruz
The Game Time Rush to Introduce Federal NIL Bills Continues Posted on: July 31, 2023 In: Sports Law
The 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 Law
Despite 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, student-athlete, irs
NIL 501(c)(3) Collectives Beware: The IRS is Watching Posted on: June 12, 2023 In: Sports Law
The 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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nil, irs, tax law, student-athletes, collectives
NLRB Takes Next Step To Reclassify Student Athletes As Employees Under Federal Law Posted on: May 20, 2023 In: Sports Law
The 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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employment law, sports, sports law, ncaa, college athletes, college basketball, college football, nlra, nlrb
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 Law
On 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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student athletes, sports law, title ix, ncaa, webinar
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
As 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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title ix, esports, ncaa, eleventh circuit, student-athletes
Sports Law: A Year in Review & What to Watch for in 2023 Posted on: January 13, 2023 In: Sports Law
In 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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sports law, nil, student-athletes, antitrust, ncaa, mlb, equal pay, unions
NLRB Reclassification Efforts of Student-Athletes Moves Forward Posted on: December 16, 2022 In: Sports Law
The 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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nlrb, ncaa, pac-12, student-athletes, employment law, labor law
New York State Joins Growing Number of States Offering NIL Rights to Student-Athletes Posted on: December 01, 2022 In: Sports Law
New 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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new york, nil, ncaa, student-athletes, contracts
NCAA Clarifies Interim NIL Policy Posted on: October 27, 2022 In: Sports Law
On 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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Tags:
ncaa, division i, nil, student athletes, sports law

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