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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
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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Tags:
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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Tags:
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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Tags:
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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Tags:
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
UPDATE: “Doncic v. His Mother” Trademark Dispute Continues Posted on: October 14, 2022 In: Sports Law
Mirjam 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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Tags:
nil, nba, trademark, ncaa, intellectual property
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 Law
As 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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Tags:
nil, nba, trademark, sports law, ncaa, intellectual property
Name, Image, and Likeness – The Past, The Present, and The Future Posted on: July 11, 2022 In: Sports Law
Just over a year ago, the NCAA announced that it was necessary to take “short-term action” and introduce an “interim” policy regarding name, image, and likeness (NIL) rights for student-athletes. At that time, it confirmed that it was going to continue working with Congress to develop and adopt federal legislation to support student-athletes’ use of their NIL rights and create a national standard of NIL rules.
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Tags:
nil, ncaa, student-athletes, employment law, immigration law
NCAA Transformation Committee Announces Recommendations for Modifications to Transfer Rule and Infractions Process Posted on: June 17, 2022 In: Sports Law
After months of focused efforts, the National Collegiate Athletic Association’s (NCAA) Transformation Committee has announced its formal recommendations that would limit a student athlete’s access to enter the transfer portal to specific time windows, as well as proposed changes to the current NCAA bylaw infractions process, which are intended to lead to quicker conclusions and findings.
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Tags:
ncaa, division 1, transfer rule, infractions, sports law